Proceedings ..., 27권New York State Bar Association, 1904 |
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45 페이지
... CIVIL JURY . No true friend of the civil jury , as one of the vital institutions of a free country , can fail to observe with deep concern the growing unpopularity of jury trials as a method of settling civil controversies . The civil ...
... CIVIL JURY . No true friend of the civil jury , as one of the vital institutions of a free country , can fail to observe with deep concern the growing unpopularity of jury trials as a method of settling civil controversies . The civil ...
46 페이지
... civil jury ( which , by the way , is several centuries older than the criminal jury ) , came , not " from the ... civil jury system , that twelve witnesses were required to establish a disputed fact . Why the number twelve was decided ...
... civil jury ( which , by the way , is several centuries older than the criminal jury ) , came , not " from the ... civil jury system , that twelve witnesses were required to establish a disputed fact . Why the number twelve was decided ...
48 페이지
... civil juries cling with superstitious veneration . Gradually , and by slow degrees , the jury was trans- formed from a body of witnesses to prove facts , into a tribunal to determine them ; but , with its wonted tenacity of ancient ...
... civil juries cling with superstitious veneration . Gradually , and by slow degrees , the jury was trans- formed from a body of witnesses to prove facts , into a tribunal to determine them ; but , with its wonted tenacity of ancient ...
50 페이지
... civil juries has been aban- doned , and in every case with the most beneficial results . A learned author , in a recent book on the jury system , declares that , as the result of the unanimity rule , “ the number of mistrials is ...
... civil juries has been aban- doned , and in every case with the most beneficial results . A learned author , in a recent book on the jury system , declares that , as the result of the unanimity rule , “ the number of mistrials is ...
51 페이지
... civil juries , could only be jus- tified on the theory that the concurrent verdict of the entire jury is infallible ; and yet , in permitting , a verdict to be set aside as contrary to the evidence , the law allows the opinion of a ...
... civil juries , could only be jus- tified on the theory that the concurrent verdict of the entire jury is infallible ; and yet , in permitting , a verdict to be set aside as contrary to the evidence , the law allows the opinion of a ...
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134 페이지 - A neutral Government is bound— " First. To use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...
197 페이지 - Commerce undoubtedly is traffic, but it is something more, it is intercourse. It describes the commercial intercourse between nations and parts of nations, in all its branches, and is regulated by prescrib ing rules for carrying on that intercourse.
170 페이지 - He smote the rock of the national resources, and abundant streams of revenue gushed forth. He touched the dead corpse of the Public Credit, and it sprung upon its feet...
5 페이지 - Association is formed to cultivate the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof.
187 페이지 - This is plainly a contract to which the donors, the trustees, and the crown (to whose rights and obligations New Hampshire succeeds), were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which, real and personal estate has been conveyed to the corporation.
197 페이지 - to make all laws which shall be necessary and proper" for the purpose. But this limitation on the means which may be used is not extended to the powers which are conferred ; nor is there one sentence in the Constitution which has been pointed out by the gentlemen of the bar, or which we have been able to discern, that prescribes this rule. We do not, therefore, think ourselves justified in adopting it.
130 페이지 - If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations...
131 페이지 - It appears to her Majesty's government that neither of these questions could be put to a foreign government with any regard to the dignity and character of the British Crown and the British nation. Her Majesty's government are the sole guardians of their own honor.
199 페이지 - In such a case, it is peculiarly necessary to recur to safe and fundamental' principles to sustain those principles, and when sustained, to make them the tests of the arguments to be examined.
199 페이지 - ... postulates, that the powers expressly granted to the government of the Union are to be contracted, by construction, into the narrowest possible compass, and that the original powers of the states are retained, if any possible construction will retain them, may, by a course of...