The Work of the advocate1911 |
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action adverse adverse witness advocate answer appear applied Archbishop Whately argument artifice asked asserted assume authorities better cause Chap circumstances clearly client conclusion contributory negligence counsel course cross-examination decision defendant demurrer duty effect Elliott Elliott Ev Elliott's Gen error essential evidence examination experience explanation facts fallacy favor give Greenl hypothesis illustration important incompetent evidence inference instances instructions interrogatories Iowa judge judgment jurors jury justice knowledge lawyer Logic Louisville &c Mass matter maxim means ment method mind motion narrative natural ness object opinion particular party peremptory challenge plaintiff pleadings practice presumption principle probability proof proper proposition prove purpose questions Quintilian reason Rufus Choate RULES OF LAW says secure sometimes special verdict statement statute strong suggestions testimony theory things tion trial court true truth unless witness words
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Стр. xv - tis not so deep as a well, nor so wide as a church door ; but 'tis enough, 'twill serve : ask for me to-morrow, and you shall find me a grave man.
Стр. 137 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Стр. 287 - 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...
Стр. 368 - 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.
Стр. 46 - The rule that the evidence must correspond with the allegations and be confined to the point in issue...
Стр. 71 - And what would be the fruits of this doctrine of implied contracts on the part of the states, and of property in a line of travel by a corporation, if it should now be sanctioned by this court? To what results would it lead us?
Стр. 272 - But, as you know me all, a plain blunt man, That love my friend; and that they know full well That gave me public leave to speak of him: For I have neither wit, nor words, nor worth, Action, nor utterance, nor the power of speech, To stir men's blood: I only speak right on; I tell you that which you yourselves do know; Show you sweet Caesar's wounds, poor poor dumb mouths, And bid them speak for me...
Стр. 38 - ... although we think we govern our words, and prescribe it well, "Loquendum ut vulgus, sentiendum ut sapientes;" yet certain it is that words, as a Tartar's bow, do shoot back upon the understanding of the wisest, and mightily entangle and pervert the judgment...
Стр. 181 - Lordships — which was unnecessary, but there are many whom it may be needful to remind — that an advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, THAT CLIENT AND NONE OTHER. To save that client by all expedient means— to protect that client at all hazards and costs to all others, and among others to himself — is the highest and most unquestioned of his duties...
Стр. 451 - 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.