Journal of the American Judicature Society, 1–4. köideThe Society, 1917 |
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Page 4
... legislative form chosen for these drafts not only results in a prac- tical piece of legislation of value to local draftsmen , but also possesses the great virtue of compelling a conciliation of ideas which clamor loudly for exclusive ...
... legislative form chosen for these drafts not only results in a prac- tical piece of legislation of value to local draftsmen , but also possesses the great virtue of compelling a conciliation of ideas which clamor loudly for exclusive ...
Page 13
... legislative power to interfere was doubtless residual , as was the court's power to declare laws void be- cause they were in conflict with the con- stitution . But the fact is that neither power was exercised except in rare instances ...
... legislative power to interfere was doubtless residual , as was the court's power to declare laws void be- cause they were in conflict with the con- stitution . But the fact is that neither power was exercised except in rare instances ...
Page 14
... legislative detail , the supreme courts have tended to become a third leg- islative chamber , having the final veto power . Court's Hands Are Tied Could there be any more real violation of the principle of separation of powers than in ...
... legislative detail , the supreme courts have tended to become a third leg- islative chamber , having the final veto power . Court's Hands Are Tied Could there be any more real violation of the principle of separation of powers than in ...
Page 17
... essential judicial function . Just so it is coming to be seen that there is a rule - making or legislative side in sup- port of the primary function of adjudi- cating . The AMERICAN JUDICATURE SOCIETY 17 Procedure Through Rules of Court.
... essential judicial function . Just so it is coming to be seen that there is a rule - making or legislative side in sup- port of the primary function of adjudi- cating . The AMERICAN JUDICATURE SOCIETY 17 Procedure Through Rules of Court.
Page 18
... legislative branch . It is customary to provide that new rules shall be submitted to the appropriate parliament for a certain time before taking effect , so that the legis lators may intervene if they choose . Ordinarily , the rules go ...
... legislative branch . It is customary to provide that new rules shall be submitted to the appropriate parliament for a certain time before taking effect , so that the legis lators may intervene if they choose . Ordinarily , the rules go ...
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Common terms and phrases
action administration of justice adopted amendment American Bar Association American Judicature Society appeal appointed arbitration assigned Asso attorney branch Bulletin causes Chicago Bar Chief Justice cial Circuit civil clerk Commercial Arbitration committee common law constitution Cook County County Court Court judges Court of Chicago court organization criminal court defects defendant District Court division draft duty efficiency election experience fact Illinois James Parker JOURNAL judgment Judicature Act Judicial Council judiciary article jurisdiction jury Law School lawyers legislative legislature litigation matter meeting ment method Municipal Court opinion parties person plaintiff pleading practice present Presiding Judge procedure proceedings profession proposed question reason reform responsibility Retirement of Judges Roscoe Pound rule-making power rules of court Section small claims Small Claims court statute Supreme Court term tice tion trial tribunals unified court unified state court vote WOODBRIDGE N York
Popular passages
Page 154 - Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time.
Page 23 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.
Page 156 - On the hearing of any appeal, certiorari, writ of error, or motion for a new trial, in any case, civil or criminal, the court shall give judgment after an examination of the entire record before the court, without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties.
Page 84 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 23 - ... may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the court or judge may think reasonable...
Page 108 - The district court shall have appellate jurisdiction and general supervisory control over the county commissioners court, with such exceptions an'd under such regulations as may be prescribed by law; and shall have general original jurisdiction over all causes of action whatever for which a remedy or jurisdiction is not provided by law or this Constitution, and such other jurisdiction, original and appellate, as may be provided by law.
Page 17 - The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.
Page 76 - State, and perform such other duties as may be imposed upon him by the board and the laws of the State.
Page 14 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Page 45 - ... the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.