Précis des institutions politiques et sociales de l'ancienne France

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Hachette, 1898 - 354 pages
 

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Page 71 - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts 173 fairly; so that your thinking, or what you call knowing, a cause to be bad, must be from reasoning, must be from your supposing your arguments to be weak and inconclusive.
Page 72 - Why no, Sir. Everybody knows you are paid for affecting warmth for your client ; and it is, therefore, properly no dissimulation : the moment you come from the bar you resume your usual behavior.
Page 77 - ... the good old rule, that on questions of fact it is the province of the jury, on questions of law it is the province of the court to decide.
Page 72 - Why no, Sir. Everybody knows you are paid for affecting warmth for your client; and it is, therefore, properly no dissimulation : the moment you come from the bar you resume your usual behaviour. Sir, a man will no more carry the artifice of the bar into the common intercourse of society, than a man who is paid for tumbling upon his hands will continue to tumble upon his hands when he should walk on his feet.
Page 76 - It may not be amiss here, gentlemen, to remind you of the good old rule that on questions of fact it is the province of the jury ; on questions of law it is the province of the court to decide. But it must be observed that by the same law which recognizes this reasonable distribution of jurisdiction you have, nevertheless, a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.
Page 77 - ... a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt you will pay that respect which is due to the opinion of the court; for, as on the one hand it is presumed that juries are the best judges of facts, it is, on the other hand, presumable that the courts are the best judges of law. But still both objects are lawfully within your power of decision.
Page 33 - GARLAND addressed the court as follows : May it please the Court : Since the adjournment of this court on last Wednesday, the heart of the nation has been sorely touched by the death of the Vice-President, THOMAS A. HENDRICKS. This is not a proper occasion to pronounce a eulogy upon the useful life and splendid character of Mr. Hendricks, but he has "been so long conspicuous in the public service — has filled thoroughly and admirably so many places of high trust, including the second in rank in...
Page 71 - I asked him whether, as a moralist, he did not think that the practice of the law, in some degree, hurt the nice feeling of honesty." Johnson: "Why, no, sir, if you act properly. You are not to deceive your clients with false representations of your opinion. You are not to tell lies to a judge.
Page 60 - ... without any prepossession to first thoughts ; if we were not always open to conviction, and ready to yield to each other's reasons. We have all equally endeavoured at that unanimity upon this occasion ; we have talked the matter over several times ; I have communicated my thoughts at large in writing, and I have read the three arguments which have now been delivered. In short, we have equally tried to convince, or be convinced, but in vain. We continue to differ...
Page 77 - US 51), he expressed the judgment of the court that, in the courts of the United States, it is the duty of the jury, in criminal cases, to receive the law from the court and to apply it as given by the court, subject to the condition that, by a general verdict, a jury, of necessity, determines both law and fact as compounded in the issues submitted to them in a particular case.

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