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In Answer to Mora
Add to vollume inde. the Juror the trial. the form Jury causes in britain.
Shall the Jury be necessarily unanimous? if not shall a disproportion greater
than that of a bare majority be rendered necessary.
1. Application. In English practice, the use made of
Jury Trial turns upon the distinction between law and fact. But
this supposes the distin existence of Common Law: in other words,
the non-existence of real law. Suppose the existence of real law, and
of none but real law, there will be no question of law, to the decision
on which a Jury will not be as competent as a Judge can make
them. But where there is no real law, that is to say, no statute law,
it is altogether necessary the Jury should hear what a Judge has
to say on the subject: for, in that case, there is no law, there is no
rule to go by, but the will, under the name of the opinion, of the
Judge.
Identifier: | JB/013/025/001 "JB/" can not be assigned to a declared number type with value 13.
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013 |
rid yourselves of ultramaria |
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025 |
in answer to mora |
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001 |
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correspondence |
1 |
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recto |
e3 |
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john flowerdew colls; richard doane |
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4474 |
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