Procedure in the Federal Courts. Hearing ... on H.R. 2377 and H.R. 901922 - 79 pages |
Common terms and phrases
administration of justice adopted amendments American Bar Association bench and bar bill BRISCOE chairman Chief Justice circuit court code pleading commercial committee on uniform common law conference of judges conform Congress Constitution departments of government district courts effect Elihu Root enact England fact favor Federal courts Frank Irvine gentlemen GOODYKOONTZ GRAHAM held HERSEY Hoke Smith indorsed judges and lawyers judicial departments judicial power judicial section Judiciary Committee law side lawyers and judges legislative department legislatures litigation LOGAN manner matter MICHENER mittee National Civic Federation nonsuit organized plaintiff pleading and procedure present President principle proceedings question reform regulate resolutions Revised Statutes rules of court rules of practice section 914 Senate SHELTON statutory Supreme Court system of rules Taft thing Thomas W tion trial by jury unanimously uniform judicial procedure United States courts verdict Virginia WALSH William Howard Taft
Popular passages
Page 57 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 56 - That the Constitution, and all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States...
Page 42 - And thus, as the jury assists the judge in determining the matter of fact, so the judge assists the jury in determining points of law, and also very much in investigating and enlightening the matter of fact, whereof the jury are the judges.
Page 37 - That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating the burthens of the people, they -should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain and...
Page 72 - America lags far behind other countries in the essential matter of putting the whole emphasis in our courts upon the substance of right and justice. If the bar associations of this country were to devote themselves, with the great knowledge and ability at their command, to the utter simplification of judicial procedure, to the abolition of technical difficulties and pitfalls, to the removal of every unnecessary form...
Page 42 - Another excellency of this trial is this, that the judge is always present at the time of the evidence given in it. Herein he is able in matters of law, emerging upon the evidence, to direct them ; and also, in matters of fact, to give them...
Page 40 - In this, as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution.
Page 72 - ... method to the object sought, they would do a great patriotic service, which, if they will not address themselves to it, must be undertaken by laymen and novices. The actual miscarriages of justice, because of nothing more than a mere slip in a phrase or a mere error in an immaterial form, are nothing less than shocking. Their number is incalculable, but much more incalculable than their number is the damage they do to the reputation of the profession and to the majesty and integrity of the law.
Page 41 - Trial by jury,' in the primary and usual sense of the term at the common law and in the American constitutions, is not merely a trial by a jury of twelve men before an officer vested with authority to cause them to be summoned and...
Page 7 - Judges are apt to be naif, simple-minded men, and they need something of Mephistopheles. We too need education in the obvious — to learn to transcend our own convictions and to leave room for much that we hold dear to be done away with short of revolution by the orderly change of law.