The Organization of Courts: An Address Before the Law Association of Philadelphia January 31, 1913

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Law Association of Philadelphia, 1913 - Courts - 22 pages
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Page 9 - Lamb, whose life occupies the last quarter of the eighteenth century and the first quarter of the nineteenth...
Page 15 - Association to Suggest Remedies and Formulate Proposed Laws to Prevent Delay and Unnecessary Cost in Litigation...
Page 18 - ... effectively. He should have power to make reassignments, or temporary assignments of judges to particular branches or divisions or localities as the state of judicial business, vacancies in office, illness of judges or casualties may require.
Page 20 - AttorneyGeneral gives to the general government something in the line of what is proposed. But it is not in accord with the genius of our legal institutions that one who practices in the courts should be head of a department comprising the courts and charged with the supervision thereof.
Page 14 - ... the time of the reorganization by the Judicature Act of 1873, five appellate courts and eight courts of first instance were consolidated into the one Supreme Court of Judicature. It was the intention of those who devised the plan of the Judicature Act to extend the principle of unity of jurisdiction by cutting off the appellate jurisdiction of the House of Lords and by incorporating the County Courts in the newly formed Supreme Court as branches thereof.
Page 20 - ... (3) It would do away with the bad practice of throwing causes out of court to be begun over again, in cases where they are brought or begun in the wrong place. They may be transferred simply and summarily to the proper...
Page 21 - The way to obtain this is to organize the courts in such way that judges may be assigned permanently to the work for which they prove most fit. So long as they make the assignment by agreement among themselves, the tendency to follow the line of least resistance will result in the unfortunate practice of periodical rotation. (9) Finally, it would bring about better supervision and control of the administrative officers connected with judicial administration, and make it possible to introduce improved...
Page 17 - ... other special class where he must learn a wholly new art. Where the specialist would act with assurance and decision, one who comes fresh to a special field of judicial administration must needs proceed painfully and cautiously. Still another form of waste is the treatment of controversies piecemeal, part in one court or proceeding and part in another, with no power to refer all the proceedings to one tribunal. Thus conflicts often arise which set court against court, although both are set up...
Page 11 - Often it was less important to decide a particular cause justly than to work out a sound and just rule for the future. Hence, for a century the chief energies of our courts were turned toward the development of our case law, and the judicial hierarchy was set up with this purpose in view.
Page 15 - The whole judicial power of each state . . . should be vested in one great court, of which all tribunals should be branches, departments or divisions.

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