★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
(2 intermediate revisions by one other user not shown) | |||
Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
< | <head>In Answer to Mora</head> | ||
<p>Add to vollume <unclear>inde</unclear>. the <unclear>Juror</unclear> the <unclear>trial</unclear>. the form Jury causes in <unclear>britain</unclear>.</p> | <p>Add to vollume <unclear>inde</unclear>. the <unclear>Juror</unclear> the <unclear>trial</unclear>. the form Jury causes in <unclear>britain</unclear>.</p> | ||
<p>Shall the Jury be <add>necessarily</add> unanimous? if not shall a disproportion greater<lb/> | <p>Shall the Jury be <add>necessarily</add> unanimous? if not shall a disproportion greater<lb/> | ||
Line 10: | Line 10: | ||
<p>1. Application. In English practice, the use made of<lb/> | <p>1. Application. In English practice, the use made of<lb/> | ||
Jury Trial turns upon the distinction between law and fact. But<lb/> | Jury Trial turns upon the distinction between law and fact. But<lb/> | ||
this supposes the <del>distin</del> | this supposes the <del>distin</del> existence of Common Law: in other words,<lb/> | ||
the non-existence of real law. Suppose the existence of real law, and<lb/> | the non-existence of real law. Suppose the existence of real law, and<lb/> | ||
of none but real law, there will be no question of law, to the decision<lb/> | of none but real law, there will be no question of law, to the decision<lb/> | ||
Line 23: | Line 23: | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
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. |
|||
---|---|---|---|
013 |
rid yourselves of ultramaria |
||
025 |
in answer to mora |
||
001 |
|||
correspondence |
1 |
||
recto |
e3 |
||
john flowerdew colls; richard doane |
|||
4474 |
|||