Justice Through Simplified Legal Procedure, Volume 73 |
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action administration of justice administrative business amendment American Bar Association American Judicature Society appellate division application appointed Assignment and Control Bar Assn bench Board of Assignment calendar California Bar Association chief justice City Court Civil Procedure Code of Civil common law Constitution County Court Court of Appeals Court of Chancery delay determination dispute district duty efficiency elected enactment equity evidence fact ideal interlocutory judgment Judicature Act judicial administration judicial department judicial office judicial power Judicial Procedure judicial system Judiciary Article jurisdiction jury Law Rev lawyers legal procedure legislative legislature litigation machinery method Municipal Court N. Y. St opinion organization particular party Phi Delta Phi plaintiff pleading present principle Procedural Reform proposed question reason regulating result Roscoe Pound rules of court Section Short Practice Act simplification statute statutory substantial Supreme Court tion trial tribunal verdict witnesses York York County
Popular passages
Page 35 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Page 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.
Page 36 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Page 36 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Page 35 - I agree, that (( there is no liberty, if the power of judging be not separated from the legislative and executive powers...
Page 87 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party...
Page 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.
Page 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...
Page 85 - ... interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose...
Page 91 - Association to Suggest Remedies and Formulate Proposed Laws to Prevent Delay and Unnecessary Cost in Litigation...