Dossier

“ We command that the said advocates shall be obliged, at the beginning of the suit, to obtain from the party a complete report in writing of everything pertaining to his right—so that, when it shall be necessary to call for an account, if they have not, through the client's fault, done for him what they should, they may be able to prove the same, in order to take advantage thereof. ”

“ Where an article which has been lost by one person is found in the possession of another, who cannot tell whence he got it; 3. Where the evidence of the witnesses produced by any party varies from that of the parties themselves; 4. Where no evidence exists. In this case, the party who can give the most plausible story will obtain a decision in his favour; 5. Where the agent of another in any law-suit is cast. ”

“ Not unmindful that upon this record we are bound by the findings of fact below made, and are confined to determining whether the facts as found sustain the judgment, if there is evidence supporting the findings, and, without departing from that rule, we at the outset refer, in chronological order, to some facts which are alleged in the pleadings, which are either directly or by necessary implication established by the findings, and as to which there can be no dispute whatever. ”

“ A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. ”

“ Is the value to be expressed, which the judge attaches to any other article of evidence? If inferior to the standard, it falls below it by so many degrees, one, two, three, four: If superior, it rises above it by so many.
Having provided an accurate language, the legislature should take security that it be used; and admit of no vague and general expressions in the account of the value which the judge attaches to each article of the evidence on which he grounds his decision. ”

“ Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses any agency may, where the interest of any party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form. ”

“ The findings of the examiner are to be considered along with the consistency and inherent probability of testimony. The significance of his report, of course, depends largely on the importance of credibility in the particular case. To give it this significance does not seem to us materially more difficult than to heed the other factors which in sum determine whether evidence is 'substantial.'
The direction in which the law moves is often a guide for decision of particular cases, and here it serves to confirm our conclusion. ”

“ No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 8 except as witness or counsel in public proceedings. ”

“ Every report shall contain a concise but comprehensive statement of the facts in the case, the opinion of the commissioner or commissioners submitting the report, and a citation of the authorities relied on in support of the opinion. ”

“ The issue, which, it has been shown, is subsequent to the record, and can only mean delivery, is treated as the thing to be proved; all the matters of record are but instruments of evidence to establish the fact of issue. ”

“ It is for us, when questions or propositions are certified, accompanied by a proper statement of the facts on which they arise, to determine whether we will answer them as propounded, or direct the whole record to be placed before us in order to decide the matter in controversy in the same manner as if the case had been brought up by writ of error or appeal. ”

“ The magnitude of the task involved in a judicial review which requires a determination by the Court, in its independent judgment, of the correctness of the findings of fact as to value and income which the Secretary made, cannot be measured by looking alone at the volume of the evidence. ”

“ Papers on the Commission files are not a part of the record in a case, unless they are introduced as evidence It is the nature of the inquiry, not the accident whether papers are on file or published, which determines whether facts can be proved by evidence which is typical. ”

“ At the threshold of their examination of this case, they are met by an inquiry far more important and controlling than either of these, viz., an inquiry into their own authority to effect, under any aspect under which this case is presented to them, the result which is sought at their hands. ”

“ To maintain the assignments of error, we should be obliged to go into the record, and ascertain what was the proof on the subject upon which the court based its findings, and deduce from this analysis that the premise upon on which the assignments just mentioned are based was a correct one. ”

“ Then from the department the papers are packed off to the examiner who has that territory in which the someone referred to was last known to reside, and, if that someone can be found, his deposition is taken, added to the pile and again the lot is returned to the department, with the summary of this examiner, which is his individual opinion of that one man's testimony. ”

“ It provides that when objections are interposed by the United States, the application shall be made by the district attorney, and be founded on 'sufficient affidavits;' and that when application is made by 'other parties claiming to be interested in, or that their rights are affected by,' the survey and location, there shall be a preliminary examination into the fact of such alleged interest. ”

“ No doubt it is often difficult to draw the line between a mere recital of the evidence produced in the case, and a finding of the facts which that evidence establishes; and where the statement certified by the Court of Claims is reasonably sufficient, we hope we shall not be found captious. ”

“ We do not think it is a document of which we can take judicial notice, or that we could refer to any statement or alleged fact contained therein, unless such fact were embraced in the finding of facts of the trial court, upon which we must decide this case. ”

“ In truth, the case comes up de novo, and is reviewed as from the beginning, and a judgment made up without regard to the proceedings below further than to determine from the record of facts and law sent up, holding in all cases jurisdiction as well of facts as law—and in truth it is nothing more than a high court of chancery. ”

“ In each case 'due process of law' requires an evaluation based on a disinterested inquiry pursued in the spirit of science, on a balanced order of facts exactly and fairly stated, on the detached consideration of conflicting claims, see Hudson County Water Co. ”

“ When, after being cautioned a person is being questioned, or elects to make a statement, a record shall be kept of the time and place at which any such questioning or statement began and ended and of the persons present. ”

“ In any case in the Court of Claims where both parties request in writing, at the time the case is submitted, that the facts be specially found, it shall be the duty of that court to make and enter special findings of fact as part of its judgment. ”

“ The purely informative type of story is the common form for reporting meetings, investigations, and hearings. The parts of the proceedings that are of general interest and significance make up the contents of such stories (cf. “State Legislature,” p. 116, and “Meeting of Safety Council,” p. 120) . In meetings of some importance are to be found humorous or pathetic phases that may be brought out legitimately to heighten the interest and to emphasize the significance of the proceedings (cf. “Hearing on Proposed Ordinance,” p. 113, and “Testimony in Investigation,” p. 110) . ”

“ An examination of the evidence-which need not be recited here-discloses no such error; and, on the contrary, leads us to the conclusion that the findings of the lower courts are in accordance with the greater weight of the testimony. ”

“ The hearing of contentions as to disputed facts, the sorting of documents to select relevant provisions, ascertain their ultimate form and meaning in the case, the practical construction put on them by the parties and reduction of the mass of conflicting contentions as to fact and inference from facts, is a task primarily for a court of one judge, not for a court of nine. ”

“ Due process, in other words, requires that he be present with counsel, have an opportunity to be heard, be confronted with witnesses against him, have the right to cross-examine, and to offer evidence of his own. ”

“ The determination of whether a business judgment is an informed one turns on whether the directors have informed themselves "prior to making a business decision, of all material information reasonably available to them." ”

“ What is styled here an 'agreed statement of facts' is an agreement as to certain matters, and that the parties might refer to and rely upon any and all grounds of action or defense to be found in two voluminous exhibits, marked 'X' and 'Y,' being the records of two equity causes in other courts, including all the pleadings and evidence, as well as the orders and decrees therein. ”

“ Apply these principles to the case, and it is clear that the findings are sufficient and conclusive, and that there is nothing in the bill of exceptions or the reported evidence which can benefit the plaintiffs. ”

“ You have had the schedules laid before you, counsel have argued the case to you and explained the grounds on which they respectively base their demand on the one side and the defense on the other, and the questions of fact are for your determination. ”

“ Thereafter the Court referred the cause to a special master, with directions to make special findings, based upon the entire record, on all material questions of fact, and report the same with his recommendations. ”

“ In the opening of the trial the counsel for the plaintiff made the following statement: 'After consultation with most of the counsel for the city, the disposition seems to be to respect the claims of the United States, either under its original disposition or under its purchases from private individuals. ”

“ When we try to play up the most interesting feature of a court report we find that we must fall back upon the same beginnings that we used in reporting speeches and interviews. There are several possible ways of beginning such a story, depending upon the phase of the case or its testimony that is of greatest importance.
1. Name Beginning.—The proper name beginning is very common. It is always used when any one of prominence is involved in the story or when the name, although unknown, can be made interesting in itself—as in a human interest story. ”

“ No nation can have advanced far on the path of civilization before discovering the necessity for documentary evidence both in public and in private life. The laws, the constitutions, the decrees of government, on the one hand, and private contracts between man and man, on the other, must be embodied in formal documents, in order to ensure permanent record. ”

“ The order of the Commission rests upon findings of fact; and these upon evidence which fills 350 pages of the printed record. Section 5 of the act makes the Commission's findings conclusive as to the facts, if supported by evidence. ”

“ The case as it was presented to the circuit court for final decree, and as it comes before us, is to be gathered from the pleadings, documentary evidence, written correspondence, and depositions, which are voluminous. We shall not recapitulate the evidence, but state the material facts as we believe them to be established. ”

“ When they write the place of documentation, they write, “this is what so and so told us and we wrote it in such and such place.” If, however, they are writing the place where the testimony was handed over, they write “so and so told us” or “we made a kinyan from so and so in such and such place and we wrote and signed it and handed it over to so and so.” ”

“ I wish our counsel would inform us immediately what information and affidavits they require also send copies of affidavits made against us that require rebutting testimony.
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We feel that we have a right, and we claim it, to have a fair, full and impartial investigation, which, if allowed, we fully believe, will give a decision in our favor, and if not allowed, will prove ruinous to our association. ”

“ If the report shall be set aside, either in whole or in part, the court may make another order of reference, as to al or so much of the report as may be set aside, to the original referees, or others, or it may find the facts and determine the law itself, and give judgment accordingly. ”

“ The report of such a hearing sometimes is confined to the facts which are found to have been established. In other cases it may extend to a provisional decision of questions of law arising on those facts. The ultimate decision of any question of law is always for the court, and if it accepts the report it is its duty to draw the proper legal conclusions from the facts established. ”