A Treatise on General Practice: Containing Rules and Suggestions for the Work of the Advocate in the Preparation for Trial, Conduct of the Trial and Preparation for Appeal, Volume 2 |
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Common terms and phrases
accord and satisfaction adversary adverse adverse witness advocate affirmative defense amination answer appear argument asked assume believe Best's better Brown cause challenge for cause character Colo Compare Compound questions Conn counsel course Crim cross-examination Davis defendant discretion disqualify effect error evidence examination explanation favor give Gratt Greenl ground held impeach important impression incompetent incompetent evidence inference Iowa Jones judge jurisdictions juror jury Mass matter ment mind Minn motive N. E. Rep N. Y. Supp narrative natural ness number of witnesses objection Ohio St open and close opinion party peremptory challenges person plaintiff plead proper purpose Quintilian R. R. Co reason right to open rule S. W. Rep says Smith statement statute strong Tenn testify testimony Texas things tion trial court true truth unless verdict
Popular passages
Page 843 - Hume is an accomplished advocate. Without positively asserting much more than he can prove, he gives prominence to all the circumstances which support his case; he glides lightly over those which are unfavourable to it; his own witnesses are applauded and encouraged; the statements which seem to throw discredit on them are controverted; the contradictions into which they fall are explained away; a clear and connected abstract of their evidence is given. Everything that is offered on the other side...
Page 1054 - ... before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Page 918 - I KNOW not a more rash or unphilosophical conduct of the understanding, than to reject the substance of a story, by reason of some diversity in the circumstances with which it is related. The usual character of human testimony is substantial truth under circumstantial variety. This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between...
Page 846 - ... appeared or seemed to me some difference, etc. I soon found the advantage of this change in my manner ; the conversations I engaged in went on more pleasantly. The modest way in which I proposed my opinions procured them a readier reception and less contradiction; I had less mortification when I was found to be in the wrong, and I more easily prevailed with others to give up their mistakes and join with me when I happened to be in the right.
Page 749 - Be mild with the mild; shrewd with the crafty; confiding with the honest; merciful to the young, the frail, or the fearful ; rough to the ruffian, and a thunderbolt to the liar. But in all this, never be unmindful of your own dignity. Bring to bear all the powers of your mind, not that you may shine, but that virtue may triumph, and your cause may prosper.
Page 991 - Whenever any wound had been inflicted, this powder was applied to the weapon that had inflicted it, which was, moreover, covered with ointment, and dressed two or three times a day. The wound itself, in the meantime, was directed to be brought together, and carefully bound up with clean linen rags, but above all, to be let alone for seven days, at the end of which period the bandages were removed, when the wound was generally found perfectly united.
Page 953 - The very considerations which judges most rarely mention, and always with an apology, are the secret root from which the law draws all the juices of life. I mean, of course, considerations of what is expedient for the community concerned.
Page 659 - It hath beenallow' ed a good cause of challenge on the part of the prisoner that the juror hath declared his opinion beforehand, that the party is guilty, or will be hanged, or the like. Yet it hath been adjudged that if it shall appear that the juror made such declaration from his knowledge of the cause, and not out of any ill will to the party, it is no cause of challenge.
Page 1085 - If it is apparent on the face of the act that its provisions, from their very nature, cannot and will not conduce to any legitimate police purpose, it is the right as well as the duty of the court to pronounce it invalid, as in excess of legislative power, and an arbitrary and unwarranted interference with the right of the citizen to pursue any lawful occupation.
Page 937 - I do not say but they may justly direct us to enact that they shall be treason for the future. But God keep me from giving judgment of death on any man, and of ruin to his innocent posterity, upon a law made a posteriori. Let the mark be set on the door where the plague is, and then let him that will enter, die.