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22 Tit. 1. 21. B.
Advocates 29 Advantages resulting from the bringing the parties face to face before the Judge at the first stage Of these rules the first is two or three only are most immediately necessary to be enlarged necessary to be dwelt
upon for the present purpose.
While the parties As long as a party has have no communication but with any body but such with his own law-adviser, so long has he they have no communication with any body one but those who what has an interest in deceiving them him. When he comes into the presence of the Judge, then for the first time he has access to a person who has no interest in deceiving him, who is A prospective view qualified is able to give him the best advice, whose duty is thus gained on it is to do so, and whose both sides interest has been made to quadrate with his duty. When the parties are brought face to face in the
first instance in the presence of the Judge this natural friend both
cape liable to be examined in the upon oath, on the same
footing as witnesses the following manifest advantages are the evident result
of such a meeting.
1 Conclusion by desertion 1 Causes grounded on totality mala fide from there 1. No cause that is not carried on bonâ fide
can well go on any farther: the suspicion entertained
by each of each are being reciprocally communicated
and are either removed or converted into
conviction, and the plan of chicane treachery being rendered
hopeless is abandoned.
30 2. causes grounded in error 2. The same may be said with regard to all
causes founded on any error one or misconception on either side which
it is possible either for such information as the
other party has in his power, or the sagacity of the
Judge to remove.
31 3. Indication of the point on which the dispute hinges 3. It may be seen immediately upon what hinges the
dispute turns: whether it is the question matter of law that is
in dispute or the question of fact: what the fact point is
on which the pursuer grounds his claim, &
whether it is that fact that the defendant disputes
or whether the defendant alledges some fact as
the ground of a counter plea which the pursuer
disputes. A perspective was An insight is thus gashed on both
sides of into the future history of the cause; a perspective view is taken of the
whole field which the cause can have to run through.
Identifier: | JB/051/204/002 "JB/" can not be assigned to a declared number type with value 51.
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27-33 |
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051 |
evidence; procedure code |
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204 |
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002 |
note |
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text sheet |
4 |
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recto |
f21 / f22 / f23 / f24 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16369 |
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