A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Each of these three divisions has a chief; the Lord Chief Justice of
England presides over the King's Bench Division and the Lord
Chancellor over the Chancery Division, while the head of the Probate
and Admiralty Division, enjoys no higher title than that of
"President." The number of judges in the different divisions is
fixed by legislation and is determined by the extent of the business
in each. In every court, except appeal courts, the evidence is heard
by a single judge--of course in a separate court room--with the
assistance of a jury in the King's Bench Division, but, except in
divorce cases, usually without any jury in the other tribunals which
are equity courts.
It was the evident intention of Parliament to fuse equity and common
law practice, but experience has not proved that this is very
feasible, so that the line which separates the two is nearly as
distinct as it ever was. Nevertheless, a certain amount of progress
has been made in this direction--probably all that would be
wise--particularly in the admission of equitable defenses in common
law actions and in the facility with which, on the other hand, an
equity court is enabled to obtain the verdict of a jury upon
disputed facts without the old and cumbersome method of remitting
the whole case to a common law court for a trial upon a special
issue.
The rules of practice are established and can be changed by the Lord
Chancellor with the approval of a majority of the judges. It is
provided, however, that such changes must be submitted to Parliament
and that they become void if either House passes a resolution of
veto within forty days. The consequences of this very sensible
arrangement are that the vast improvements in practice which have so
greatly facilitated and accelerated English litigation, have been
effected by the courts and the Bar of their own initiative without
the necessity to rely upon the action of a legislative body largely
incapable of dealing with such technical and important questions.
Public-domain text, read in full here on John Shaqi.
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