A Quote by Charles Rembar
Three features mark the Anglo-American system as different from all others. One is the extent to which our law is formed in litigation. Another feature is the way we conduct these cases: we pit antagonists against each other, to cast up from their struggles the material of decisions. A third- and largest in the public consciousness- is the trial by jury.
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Cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth. ... Cross-examination, not trial by jury, is the great and permanent contribution of the Anglo-American system of law to improved methods of trial-procedure.
In civil or criminal litigation in a jury case, the only way for a defendant to avoid a trial is for a judge to rule that there was no evidence from which the jury could find for the other side.
In our system, we leave questions of fact to a jury. But to render a verdict, a jury must know the law. For this, we rely upon jury instructions. Instructions are supposed to translate the law into lay terms that the jury can apply to the facts as they determine them.
There's going to be a lot of remedies. [Donald Trump] is also subject to other conflicts laws.The bribery laws are intended to prevent conflicts, for example. He's subject to criminal law. He's subject to civil law. He's going to be subject to litigation. He's already in a lot of cases. This is going to come up in existing litigation and there's going to be new litigation.
The improvement of life was only accomplished to the extent to which it was based on a change of consciousness, that is, to the extent to which the law of violence was replaced in men's consciousness by the law of love.
In the American constitutional system of three different branches, conflict - and I mean that peaceful, vigorous debate - it's a feature of our system, not a bug. We need less all-or - winner-take-all politics.
Some of our struggles involve making decisions, while others are a result of the decisions we have made. Some of our struggles result from choices others make that affect our lives. We cannot always control everything that happens to us in this life, but we can control how we respond. Many struggles come as problems and pressures that sometimes cause pain. Others come as temptations, trials, and tribulations.
Our courts' decisions do not permeate the public consciousness - we have no equivalent of the Brown v Board of Education ruling which outlawed racial segregation, or of Roe v Wade, which enshrined a woman's right to choose not just into law but into the public imagination as well.
Because of the men in charge of this system, they've created this caste system for women that gives some of the women in higher places a false sense of authority. You have women who are able to just look at other women and from the color of the clothes they are wearing and they can know how they're supposed to interact with each other. It's a really horrible thing but genius in a way to pit them against each other because once you are, there is no community anymore. There is just people trying to keep each other down.
The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found "against the evidence," ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law.
The Middle Way included the largest public works project in American history: the Interstate Highway system, which updated American roads for a driving generation with leisure time on their hands, but expanded the federal government's purview.
In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.
I'm no idealist to believe firmly in the integrity of our courts and in the jury system -- that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up.
"It astonishes me to find... [that so many] of our countrymen... should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury in civil cases, freedom of religion, freedom of the press, freedom of commerce, the habeas corpus laws, and of yoking them with a standing army. This is a degeneracy in the principles of liberty... which I [would not have expected for at least] four centuries."
So far Trump has done everything he could possibly do to pit Americans against each other, to sow division, to fuel distrust of American against American, to adopt a kind of Bannonite strategy of fueling racial antagonism, xenophobic antagonism against Dreamers, et cetera.
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