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according action administration administration of justice adopted amendment American appeal application appointed Bar Assn Bar Association Board body called cause chief City civil Code Committee common Constitution criticism deal decisions delay determination direct discussion district division duty economic effect efficiency elected English equity established evidence existing fact final give given hand ideal importance interest issue judges judgment judicial judiciary jurisdiction jury justice lawyers legislative legislature limited litigation matter means method nature necessary opinion organization particular party pleading possible practice present Price principles problem procedure proposed question reason reference reform regulation relation respect result Roscoe Pound rules social Society standards statute suggestions Supreme Court tion trial United various volume whole York
Página 1 - In America, where the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration.
Página 36 - To deny this, would be to affirm, that the deputy is greater than his principal, that the servant is above his master; that the representatives of the people are superior to the people themselves; that men, acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. "If it be said that the legislative body are themselves the constitutional...
Página 35 - I agree, that (( there is no liberty, if the power of judging be not separated from the legislative and executive powers...
Página 87 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party...
Página 36 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
Página 38 - ... where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted.
Página 83 - Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another...
Página 91 - Association to Suggest Remedies and Formulate Proposed Laws to Prevent Delay and Unnecessary Cost in Litigation...
Página 34 - When the ear heard me, then it blessed me ; and when the eye saw me, it gave witness to me : Because I delivered the poor that cried, and the fatherless, and him that had none to help him. The blessing of him that was ready to perish came upon me : and I caused the widow's heart to sing for joy.