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CH. Judiciary collectively<lb/> | CH. Judiciary collectively<lb/> | ||
S. <!-- in pencil -->Elementary functions</note><lb/> | S. <!-- in pencil -->Elementary functions</note><lb/> | ||
<p><!-- | <p><!-- Marginal note in pencil -->§.11. Elementary functions</p> | ||
<note><!-- | <note><!-- Marginal note in pencil -->Art. 1 Elementary<lb/> | ||
functions. those necessary<lb/> | functions. those necessary<lb/> | ||
in ordinary to<lb/> | in ordinary to<lb/> | ||
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or] Opinative <gap/> After<lb/> | or] Opinative <gap/> After<lb/> | ||
as to have one part<lb/> | as to have one part<lb/> | ||
8. In peculiarity decritive<lb/>correspondent to operative.</note><lb/> | 8. In peculiarity decritive<lb/>correspondent to operative.9. Reason giving</note><lb/> | ||
<p>Art. 1 <hi rend="underline">Elementary functio</hi>ns. By the elementary functions<lb/> | <p>Art. 1 <hi rend="underline">Elementary functio</hi>ns. By the elementary functions<lb/> | ||
belonging to a Judge, understand those the <add>exercise</add> <del><gap/></del> of which as<lb/> | belonging to a Judge, understand those the <add>exercise</add> <del><gap/></del> of which as<lb/> | ||
Line 59: | Line 59: | ||
—<lb/> | —<lb/> | ||
<p><del>II</del></p> | <p><del>II</del></p> | ||
<note><!-- Pencil marginal note -->Fresh Column<lb/> | |||
2<lb/> | |||
Art.2.II Elementary belonging<lb/> | |||
exclusively to<lb/> | |||
Appellate: means of<lb/> | |||
line decritive.<lb/> | |||
1. Confirmative<lb/> | |||
2. Reversive; as where a<lb/> | |||
thing given to pursuer<lb/> | |||
by Immediate is<lb/> | |||
given to Defendant.<lb/> | |||
3. Nullificative: as where<lb/> | |||
Defendant declared Guilty<lb/> | |||
is declared not Guilty<lb/> | |||
[<gap/> Quere if this distinction <lb/> | |||
be clear?]<lb/> | |||
4. Substitutive: arrangement<lb/> | |||
ordered different from<lb/> | |||
<del>any thing</del> what is contended<lb/> | |||
for by either<lb/> | |||
5. Modificative: i.e. As to<lb/> | |||
part confirmative: as to have<lb/> | |||
substitutive altering it in any<lb/> | |||
of the above ways.</note><lb/> | |||
<p>II. Elementary functions appertaining exclusively to an Appellant<lb/> | <p>II. Elementary functions appertaining exclusively to an Appellant<lb/> | ||
Judicatory, <add>being so many <del><gap/></del> mode of the decretive function which bear</add> <del>function be<gap/></del> reference to the exercise<lb/> | Judicatory, <add>being so many <del><gap/></del> mode of the decretive function which bear</add> <del>function be<gap/></del> reference to the exercise<lb/> | ||
Line 72: | Line 98: | ||
a B<gap/> nor that prayed by <add>the</add> defender is made, but one<lb/> | a B<gap/> nor that prayed by <add>the</add> defender is made, but one<lb/> | ||
different from both</p> | different from both</p> | ||
<p>5. Modificative: confirming the <add>subordinate</add> decree in part; allowing it<lb/> | |||
in any of the above ways as to other part</p> | |||
<p>6. Retromissive, for the purpose of fresh trial in the inferior<lb/> | |||
Judicatory: namely as to the whole of the facts collectively:<add>or</add> <note>or <add>as to</add> this or that fact exclusively.|</p> | |||
<p>7. Suspensive: as to the<lb/> | |||
whole or as to a part <add>or</add> parts. |</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1823. Octr. 6
Constitutional Code. copd
1. Enactive
CH. Judiciary collectively
S. Elementary functions
§.11. Elementary functions
Art. 1 Elementary
functions. those necessary
in ordinary to
exercise of his other
functions such as the
above. Examples
1. Auditive - discourse oral
2. Lective - written
3. Inspective - written on
visible document
4. Interrogative orally.
5. Interrogative ibly
6. Commentative - on thing
heard or seen
7. [ decritive
or] Opinative After
as to have one part
8. In peculiarity decritive
correspondent to operative.9. Reason giving
Art. 1 Elementary functions. By the elementary functions
belonging to a Judge, understand those the exercise of which as
conjunction is, in the ordinary course of his business necessary to the
discharge exercise of his dutiesother<add>judicial</add>functions such as those <add>the</add>above example of Examples are the following
1.2: Functions common to every Judicature and accused person
or along by the Judge. Examples -
1. Auditive function: as applied to suit discourse
2. Lective function: as applied to written discourse.
3. Inspective function: as applied to written discourse or any
other visible document.
4. Interrogative function orally exercised.
5. Interrogative function epistolarity exercised. Note that
the interrogative function is an applicative mode of the ensuing imperatives
6. Commentative function exercised, by making observation on
what has been heard or as seen
—
79. Reason -giving function (3) ascred by giving stating the considerations
which in the character of indents but to the formation of the declamatory
decree.
—
87 Decrative function Judicially Declaratively (1) decretive function: exercised
by the delivery of an opinion: declaring that the law means
of the law, is so nd as as that of the fact or facts in question
9. Imperative of decretive function
so and so: with the inference as to the state of rights
98 Imperatively decretive function: decreased by the issuing
of a judicial order, in pursuance of the exercise given
to the judiciallydeclaratively decretive function.
9. Of this increase enumerative decomposition see the use in Ch. XIV in speaking of the allotment of descriptive of the functions
allotted to the Quasi Jury
—
II
Fresh Column
2
Art.2.II Elementary belonging
exclusively to
Appellate: means of
line decritive.
1. Confirmative
2. Reversive; as where a
thing given to pursuer
by Immediate is
given to Defendant.
3. Nullificative: as where
Defendant declared Guilty
is declared not Guilty
[ Quere if this distinction
be clear?]
4. Substitutive: arrangement
ordered different from
any thing what is contended
for by either
5. Modificative: i.e. As to
part confirmative: as to have
substitutive altering it in any
of the above ways.
II. Elementary functions appertaining exclusively to an Appellant
Judicatory, being so many mode of the decretive function which bear function be reference to the exercise
made of the decretive function of the part of the subordinate
Immediate Judicatory. Examples.
1. Confirmative function
2. Rive: as above a thing given to a Pursuer by the
DefenderImmediate Judicatory is given to a PursuerDefender by the Appellant
3. factors: as above, a Defenda in a penal suit, a punish
4. for Defender having been declared quickly by an
Immediate Appellant Judicatory, is declared Not Guilty by the Appellant
4. Substitutive: as above neither the arrangement disposition prayed by
a B nor that prayed by the defender is made, but one
different from both
5. Modificative: confirming the subordinate decree in part; allowing it
in any of the above ways as to other part
6. Retromissive, for the purpose of fresh trial in the inferior
Judicatory: namely as to the whole of the facts collectively:or or as to this or that fact exclusively.|
7. Suspensive: as to the
whole or as to a part or parts. |
Identifier: | JB/042/306/001"JB/" can not be assigned to a declared number type with value 42. |
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jeremy bentham |
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