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First, From the Nature of Laws themselves in general, which being to be accommodated to the Conditions, Exigencies and Conveniencies of the People, for or by whom they are appointed, as those Exigencies and Conveniencies do insensibly grow upon the People, so many Times there grows insensibly a Variation of Laws, especially in a long Tract of Time; and hence it is, that tho' for the Purpose in some particular Part of the Common Law of England, we may easily say, That the Common Law, as it is now taken, is otherwise than it was in that particular Part or Point in the Time of Hen. 2 when Glanville wrote, or than it was in the time of Hen. 3 when Bracton wrote, yet it is not possible to assign the certain Time when the Change began; nor have we all the Monuments or Memorials, either of Acts of Parliament, or of Judicial Resolutions, which might induce or occasion such Alterations; for we have no authentick Records of any Acts of Parliament before 9 Hen. 3 and those we have of that King's Time, are but few.
Publisher: Gale, U.S. Supreme Court Records (October 26, 2011)
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Which model does a better job of predicting judicial behavior? If we limit our attention to the United States Supreme Court, it looks, at first blush, like the attitudinal model “beats the pants” off the legal model. The United States Supreme Court does not hear very many “easy cases”—cases in which the application of preexisting legal rules control the outcome of the dispute read U.S. Supreme Court Transcript of Record Kendall v. Stokes: Kendall v. Moore : Kendall v. Stockton online. Yet this fact has in no respect prevented us from becoming the most governed, the most regulated, the most imposed upon, the most harnessed, and the most exploited people in Europe Arkansas Louisiana Gas Company, Petitioner, v. Frank J. Hall et al. U.S. Supreme Court Transcript of Record with Supporting Pleadings read online Arkansas Louisiana Gas Company, Petitioner, v. Frank J. Hall et al. U.S. Supreme Court Transcript of Record with Supporting Pleadings pdf, azw (kindle)
. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong. decision: the determination reached by a court in any judicial proceeding, which is the basis of the judgment decree: a decision or order of the court - a final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree which is not final default: a "default" in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trial deponent: One who testifies under oath to the truth of facts. dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same claim or cause of action. disposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or sentence domicile: that place where a person has a true and permanent home - a person may have several residences, but only one domicile eminent domain: the power to take private property for public use by condemnation, i.e., the legal process by which real estate of a private owner is taken for public use without the owner's consent, but upon the award and payment of just compensation enjoin: to require a person, by writ of injunction from a court of equity, to perform or to abstain or desist from some act equitable action (equity matter): an action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation equitable distribution: the power to distribute equitably upon divorce all property legally and beneficially acquired during marriage by husband and wife or either of them, whether legal title lies in their joint or individual names estoppel: a rule of law which prevents a person from alleging or denying a fact, because of his/her own previous act evidence: a form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury eviction, warrant of: Legal mandate authorizing an enforcement officer to remove persons and their personal property from their premises. execution: (1) the performance of all acts necessary to render a written instrument complete, such as signing, sealing, acknowledging, and delivering the instruments (2) supplementary proceedings to enforce a judgment, which, if monetary, involves a direction to the sheriff to take the necessary steps to collect the judgment exemplification: An official transcript of a document from public records, made in a form to be used as evidence and authenticated or certified as a true copy, (e.g. exemplification of a judgment). exhibit: a paper, document or other article produced and exhibited to a court during a trial or hearing and, on being accepted, is marked for identification or admitted in evidence ex parte: a proceeding, order, motion, application, request, submission etc., made by or granted for the benefit of one party only; done for, in behalf of, or on application of one party only expunge: the authorized act of physically destroying information, in files, computers or other depositories fair preponderance: Level of proof in a civil action; more than half; more convincing. fiduciary: a person or institution who manages money or property for another, and who must exercise a standard of care in such management activity imposed by law or contract first paper: Paper instituting the action (e.g., Summons, Motion, Infants's Compromise). foreperson: a member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors, who delivers the verdict to the court forum: A judicial tribunal or a place of jurisdiction download U.S. Supreme Court Transcript of Record Kendall v. Stokes: Kendall v. Moore : Kendall v. Stockton pdf.
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