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Excerpt from A Treatise on Federal Practice, Civil and Criminal, Vol. 1 of 4: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Suits Upon Claims Against the United States, Proceedings Before the Interstate Commerce Commission and the Federal Trade Commission When he has completed his Commentaries upon the Consti tution of the United States, of which one volume has been al ready published, the author hopes that he will have furnished the bar with a complete guide to the whole field of Federal Jurisprudence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Previous edition, 2nd, published in 1994.
Excerpt from Federal Criminal Law and Procedure, Vol. 1 of 3 Almost fifty years ago the Law School of Harvard University, in 1872-73, invited Benjamin R. Curtis, who had been a Justice of the Supreme Court of the United States, to deliver a course of lectures before its students on the Jurisdiction, Practice and Peculiar Jurisprudence of the Courts of the United States. He began that course of lectures by saying that when he came to the bar, forty years before, there were comparatively few cases tried in the courts of the United States. The practice, he said, was then in the hands of a few leaders of the bar in the great cities or the large towns where the courts were held, and gentlemen of the bar residing elsewhere did not trouble themselves to acquire any knowledge, or they acquired but very slight knowledge, concerning either the jurisdiction or practice of those courts. In truth "they had nothing to do with them except, perhaps, in some accidental way." He then proceeded to explain that because of the extension of the powers of Congress over many subjects previously left to the exclusive legislation of the States, and for other reasons which will readily suggest themselves, the business of the courts of the United States had greatly increased and they were likely in the future to operate with greater efficiency. He therefore impressed upon the students that if they neglected to inform themselves concerning the peculiar jurisprudence of the United States courts they would disregard important means of usefulness and success. The increase in the amount of litigation in the courts referred to, and the importance of that litigation, have advanced in the years that have passed since the statement referred to was made and in far greater proportion than in the period between 1832 and 1872 to which Judge Curtis referred. That this would be so he predicted and the facts have more than justified it. The prediction has been fulfilled both as respects the civil and the criminal jurisdiction of the courts. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Treatise on the Criminal Law of the United States, Vol. 1: Comprising a General View of the Criminal Jurisprudence of the Common and Civil Law, and a Digest of the Penal Statutes of the General Government, and of Massachusetts, New York, Pennsylvania, Virginia, and Ohio Davis, the only American works bearing on the subject I have been able to discover, are devoted to an examination'of the duties of Justices of the Peace; and valuable as they are in the practice of the States to which they are adapted, cannot be considered as going further in the elementary exposition of criminal law than is necessary to a proper con sideration of their particular topics. To supply this defi ciency is not within the province of an annotator, forced as he is, by the necessity of his cfiice, to the close pursuit of his text over chasm and through waste; and it is for this reason that the American notes to the English Criminal text books, numerous and important as they are, fail in placing within the reach of the profession, the construction given by the American courts to the peculiarities arising out of American doctrine and practice. Thus, for instance, the cases which have been decided on the statutory offence of murder in the second degree, important as they are to the determination of every trial of homicide in the States of Maine, New Hampshire, New Jersey, Pennsylvania, Virginia, Ohio, Tennessee, Alabama, and Michigan, and abounding as they do with the result of the labors of some of the most eminent judges of the country, are only to be reached in the Reports in which they are scattered, and are consequently, from the want of any general work in which they may be found, but rarely made use of, except in the particular States in which they have severally occurred. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Practical Treatise on the Criminal Law, Vol. 1 of 4: Comprising the Practice, Pleadings, and Evidence In the following work I have attempted to take a comprehensive and practical view of the Criminal Law. In the first volume are stated the principles, rules, and practice which affect criminal prosecutions in general, from their commencement to their conclusion. In the second and third volumes will be found the law relative to each particular offence, the process against the offender, the indictment, the defence, the evidence, the judgment, and punishment; with a very comprehensive collection of precedents of indictments and informations for each offence, with notes on the component parts of such precedents. The fourth volume contains the pleas to indictments and informations, and proceedings thereon; and the practical forms to be adopted by magistrates and others in the course of the prosecution, whether by indictment or information. But the better to enable the reader to form an opinion how far the subject may be worthy his attention, and to facilitate reference to different parts of the work, as well as to afford the student a concise view of the course of proceedings in criminal cases, it may be expedient to state more particularly the subject of the following pages. As criminal prosecutions, though in the name of the king, are usually instituted by some particular individual, the volume commences with a statement of the parties competent to prosecute, the obligations and advantages inducing an individual to become the accuser, and the liability which he incurs. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.