A Philadelphia Lawyer in the London Courts — John Shaqi
A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Any one who has sat on a Bar Committee, or on a Committee of
Censors, in America must have been struck by the frequent instances
where practitioners have fallen into error from sheer ignorance, due
to inexperience or to the fact that they had not been born and bred
to the best traditions. This is especially true in these days when
law schools are grinding out members of the Bar who have had no real
professional preceptors. As disbarment or suspension is too severe a
penalty, such lapses pass unreproved and the standards sink, a
result much more deplorable than the failure of individual
discipline. Many a young lawyer would be induced to mend his ways if
privately and fraternally informed of professional disapproval and
some would be glad to seek the judgment of such a body if it could
be had without exposing names or particulars.
In this way, too, a body of rulings on the professional proprieties
applicable to American conditions would be steadily forced upon the
attention of the whole profession, instead of being locked in the
breasts of the more reputable members to govern merely their own
conduct.
CHAPTER VIII
THE CIVIL COURTS
THE GENERAL SYSTEM--DIFFERENT COURTS--RULES OF
PRACTICE MADE BY LORD CHANCELLOR--JURIES, COMMON
AND SPECIAL--JUDGES AND HOW APPOINTED--JUDGES'
PAY--COSTS--COURT NOTES--SOME DIFFERENCE IN
ENGLISH AND AMERICAN METHODS.
The general system of the English courts may be indicated without
detailing the exact limitations of jurisdiction which would be too
technical for present purposes.
Prior to 1873 there were a large number of courts with various
titles, which had grown up through centuries of custom and
legislation. But they were nearly all abolished by an Act of
Parliament, or rather their functions were merged into the present
far simpler system. In this radical re-arrangement, however, two
courts--the highest and the lowest--survived; the House of Lords and
the County Courts remain as they were.
Thus came into being the Supreme Court of Judicature, composed of
two branches--the High Court of Justice and the Court of Appeal. The
High Court is the one of immediate interest because here are begun
all litigations of every description, excepting the minor matters
which go to the County Courts, or, perhaps, to the Registrar's
Court.
The High Court is separated into three parts known as the King's
Bench Division, devoted to jury trials which constitute the great
bulk of business, the Chancery Division, where equity suits are
considered, and the Probate, Divorce and Admiralty Division which
deals, as its name implies, with the estates of deceased persons,
with divorce, and with marine matters.
Public-domain text, read in full here on John Shaqi.
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