An Essay on Professional EthicsT. & J. W. Johnson & Company, 1860 - 158 páginas |
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Página xxxvi
... decision of the court in that case did not require a resort to that reasoning , and but little examination was sufficient to satisfy the mind that this obiter dictum was unsus- tained by either principle or authority . A power in the ...
... decision of the court in that case did not require a resort to that reasoning , and but little examination was sufficient to satisfy the mind that this obiter dictum was unsus- tained by either principle or authority . A power in the ...
Página xli
... rather than to the establish- ment of a rule , is not of so binding a character that it must be followed , even though contrary to principles adjudged in older cases : but it is وو just as clear that when a decision has been long xli.
... rather than to the establish- ment of a rule , is not of so binding a character that it must be followed , even though contrary to principles adjudged in older cases : but it is وو just as clear that when a decision has been long xli.
Página xlii
... decision is an act of positive injustice , as well as a violation of law , and an usurpation by one branch of the government upon the powers of another . An example will illustrate this position . In the case of Walton v . Shelley ( 1 ...
... decision is an act of positive injustice , as well as a violation of law , and an usurpation by one branch of the government upon the powers of another . An example will illustrate this position . In the case of Walton v . Shelley ( 1 ...
Página xliii
... decisions cited , " says Judge Rogers , in Gest v . Espy ( 2 Watts , 268 ) , " this cannot be considered an open question , nor do we think ourselves at liberty now to examine the foundations of the rule . " Unfortunately our Supreme ...
... decisions cited , " says Judge Rogers , in Gest v . Espy ( 2 Watts , 268 ) , " this cannot be considered an open question , nor do we think ourselves at liberty now to examine the foundations of the rule . " Unfortunately our Supreme ...
Página xlv
... decision , it does not sim- ply repeal it ; it must pronounce it never to have been law . There is no instance on record , in which a court has instituted the inquiry , upon what grounds the suitor had relied in investing his property ...
... decision , it does not sim- ply repeal it ; it must pronounce it never to have been law . There is no instance on record , in which a court has instituted the inquiry , upon what grounds the suitor had relied in investing his property ...
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Palavras e frases frequentes
according accused advocate appear arguments attorney attorney at law authority avocat Baron Parke barrister cause champerty Chancellor character Chief Justice circumstances claim client common common law compensation conduct confession confidence conscience Constitution contingent fees counsel course court Courvoisier decision defence duty eminent English Law Equity evidence favor fees fession fidelity guilt hands honor important influence inn of court innocent interest judge judgment judicial jurisprudence jury lawgiver lawyer learning legislation legislature liberty Lord Campbell Lord Coke Lord Denman Lord William Russell means ment mind moral never oath object opinion party person plaintiff plead practice practitioner principle prisoner profes profession question racter Rawle regard remark Reports rule Sarah Mancer says serjeant sion Sir Matthew Hale society solicitor statute student suit things tion Treatise trial true truth unjust witness wrong
Passagens conhecidas
Página 20 - Whoso diggeth a pit shall fall therein : and he that rolleth a stone, it will return upon him.
Página xxxiii - It would declare that an act, which, according to the principles and theory of our government, is entirely void; is yet, in practice, completely obligatory. It would declare, that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring...
Página 36 - From the moment that any advocate can be permitted to say that he will or will not stand between the crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end.
Página 24 - entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability...
Página 30 - ... them, to himself, is his first and only duty ; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others.
Página 123 - Long in his highness' favour, and do justice For truth's sake and his conscience; that his bones, When he has run his course and sleeps in blessings, May have a tomb of orphans
Página 1 - There is, perhaps, no profession after that of the sacred ministry, in which a high-toned morality is more imperatively necessary than that of the law.
Página xxxii - So, if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act...
Página xxxvi - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Página 133 - Up to this morning I believed most firmly in his innocence; and so did many others as well as myself. 'I have sent for you, gentlemen,' said he, 'to tell you I committed the murder!" When I could speak, which was not immediately, I said : 'Of course, then, you are going to plead guilty?' 'No, sir,' was the reply; 'I expect you to defend me to the utmost.