Legal examination

“ No person who has passed an examination shall, while eligible on the register supplied by such examination, be reexamined, unless he shall furnish evidence satisfactory to the Commission that at the time of his examination he was, because of illness or other good cause, incapable of doing himself justice in said examination. ”

“ To determine whether, in a particular case, this may or may not be done, might involve an examination, not only of the record, but even of the evidence in the court of original jurisdiction, and lead to inquiries with regard to the actual final disposition of the case by the supreme court, which it might be difficult to answer. ”

“ It is settled that a trial court can, in its discretion, permit, upon direct examination, a leading question to be asked, when the counsel conducting the examination is surprised by the statements of the witness. ”

“ They therefore assume that we are not bound by the facts as found by the court below, but must give to the evidence an independent examination for the purpose of passing on the constitutional question presented for decision. ”

“ This court has held, however, in a multitude of cases, that it had power to inquire with regard to the jurisdiction the inferior of court, either in respect to the subject-matter or to the person, even if such inquiry involved an examination of facts outside of, but not inconsistent with, the record. ”

“ The supreme court, in affirming the judgment, has determined that the findings of the trial court were justified by the evidence, and, apart from exceptions duly taken to rulings on the admission or rejection of evidence, our examination is limited to the inquiry, without reference to the weight of evidence or its sufficiency to support the special findings, whether the decree can be sustained upon those findings. ”

“ In a case where it is asserted that a person has been deprived by a State court of a fundamental right secured by the Constitution, an independent examination of the facts by this Court is often required to be made. ”

“ It is not calculated for the ends of justice that the judge, however quick and intelligent, should have to pronounce on matters concerning which he can only speak as a layman, and necessarily falls into frequent errors of judgment. Special points involving special knowledge or skill must be submitted to a commission of experts, and the verdicts of the commission on these special points must be accepted by the court, though subject to an appeal to a supreme medico-legal tribunal. ”

“ A preliminary objection is made that the certificate does not show whether the jurisdictional question arose from insufficient amount, want of diversity of citizenship, collusion, or otherwise. But we are of the opinion that an examination of the record, aided by the opinion of the court contained therein, and made part thereof, distinctly shows that the question of jurisdiction passed upon concerned the collusive character of the action of the complainant. ”

“ When the lawyer prepares his own case and makes the argument, as he generally does, he acts in the capacity of both attorney and councillor. In the court of chancery the lawyer is denominated solicitor, and in the admiralty court, proctor. Before a person is permitted to practise law in our courts, he is required to pass through a regular course of study, and afterwards [216] undergo an examination before persons learned in the law.
2. This profession has its foundation in the numerous and complicated laws which have been adopted by men, to govern their intercourse with each other. ”

“ Such propositions, therefore, must be considered in connection with all the legal evidence exhibited in the record, and their accuracy must be tested by the true state of the facts as found by the court from the evidence, and by the rules of law applicable to that state of the case. ”

“ Whenever the subject matter of a legal enquiry is such that, from its partaking of the nature of a science, art or trade, inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without assistance, then the opinions of witnesses possessing peculiar skill and knowledge in the matters in question are admissible in courts of justice. ”

“ Now the term attorney-at-law is precisely equivalent to that of lawyer. Attorneys are admitted by some court to which the legislature confides the power, and on examination prescribed by the court, or by a board of state examiners, as the case may be. The term of study required is generally two or three years, but in some states less. In one no examination is required. College graduates are often admitted to examination after a shorter term of study than that required from those not so educated. ”

“ To obtain a review by an appellate court of the conclusions of law a party must either obtain from the trial court special findings which raise the legal propositions, or present the propositions of law to the court and obtain a ruling on them. ”

“ In these less aristocratic and more prosaic days, however, he is obliged diligently to apply himself to study, and to pass, from time to time, regular and strict examinations, prescribed by the Council of Legal Education, so that his equipment is no longer left to chance, but is really measured with cold accuracy. ”

“ 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. ”

“ Justice requires no less. [14]
The practice of producing government documents to the trial judge for his determination of relevancy and materiality, without hearing the accused, is disapproved. [15] Relevancy and materiality for the purposes of production and inspection, with a view to use on cross-examination, are established when the reports are shown to relate to the testimony of the witness. ”

“ Why should not the same kind of testimony, subjected to cross-examination, be competent, when the issue is made in a court of justice, to show that they are swamp and overflowed, and so excluded from the grant under which plaintiff claims,-a grant which was also a gratuity? The matter to be shown is one of observation and examination ”

“ 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. ”

“ It is a matter of congratulation, too, that large success has attended the examination in Law, The Examination in Law. because the University examination in Law is not an examination in the knowledge which qualifies a man to be a successful practitioner,—it is not a knowledge of cases and decisions and practice—it is a knowledge of the principles of law and jurisprudence ”

“ If authorizes the return of surveys for examination and adjudication only upon the application of parties who, in the judgment of the court or district judge, have such interest as to make it proper for them to intervene for its protection. ”

“ In passing adversely on these objections the trial court did not merely determine the weight or sufficiency of the evidence to prove a fact, but passed on the competency and legal effect of the evidence as bearing upon a question of Federal law ”

“ Method of Preliminary Examination of Experts—On Medical Questions a Licensed Physician Presumed Competent.—As the system exists here, the only power that the court has over the selection of an expert, is to determine, in advance of his testimony and of the elucidation of his opinions, whether or not he is competent as an expert. ”

“ The investigation of every claim presented involves the adjudication of disputed questions of fact, upon scientific or legal principles, and is, therefore, essentially judicial in its character, and requires the intelligent judgment of a trained body of skilled officials, expert in the various branches of science and art, learned in the history of invention, and proceeding by fixed rules to systematic conclusions. ”

“ I am speaking in behalf of our courts, against the congestion of the calendars, and the consequent crowding out of weighty commercial litigations.
One experienced in the trial of causes will not require, at the utmost, more than a quarter of the time taken by the most learned inexperienced lawyer in developing his facts. His case will be thoroughly prepared and understood before the trial begins. His points of law and issues of fact will be clearly defined and presented to the court and jury in the fewest possible words. ”

“ He has filed his report, recommending a decree in accordance with the contentions of the complainant. The respondent has filed exceptions.
The parties are in agreement as to the applicable legal principles. The exceptions raise no questions of law, but go solely to the correctness of the master's fact findings and conclusions. We have therefore examined the proofs, consisting of documentary evidence and oral testimony, to determine whether the master's findings are in accord therewith. ”

“ The court found that 'The most extensive activities of the State Bar are those directed toward postgraduate education of lawyers,' and that 'Post-graduate education of lawyers is in the public interest because it promotes the competency of lawyers to handle the legal matters entrusted to them by those of the general public who employ them.' 10 Wis.2d at page 246, 102 N.W.2d at pages 412-413. ”

“ Under the acts of congress, authorizing questions arising on a trial or hearing before two judges in the circuit court, and upon which they are divided in opinion, to be certified to this court for decision, it has always been held that each question certified must be one of law, and not of fact, nor of mixed law and fact, and that it must be a distinct point or proposition, clearly stated, and not the whole case, nor the question whether, upon the evidence, the judgment should be for one party or for the other. ”

“ Each special examination shall embrace, in addition to the special subject upon which the applicant is to be tested, as many of the subjects of the clerk examination as the Commission may decide to be necessary to test fitness for the place to be filled. ”

“ What are called 'mixed questions,' consisting of both law and fact as questions in respect to the degree of care, skill, diligence, etc., required by law, in particular cases are to be submitted to the jury, under proper instructions from the court as to the rules and principles of law by which they are to be governed in their determination of the case. The truth of the facts and circumstances offered in evidence in support of the allegations on the record must be determined by the jury. ”

“ Let the medical witness produce his register, and let his evidence be for the jury, as is that of an engineer or a practitioner of any art which is not attested by diplomas.
"Let any man who practises without venturing to put his name on the register be liable to fine and imprisonment. ”

“ As the injury which we thus state rests upon the premises that all the propositions of law applied by the court are to be taken as correct, it follows that there is no possibility of deciding there was material error unless it is to be found in the application which the court made of the principle of law which it applied to the facts established by the evidence, all of which is in the record in connection with the findings made by the jury. ”

“ Experts, no matter on what |116| they testify, simply supply data, as to whose competency, relevancy and weight, the Court is to judge, and as to which the Court is finally to declare the law. Where the facts testified to by experts are undisputed, and when they are the results of a particular science or art, with which such experts are familiar, then the Court accepts such facts, and declares the law that therefrom springs; where the facts are disputed then the jury is to determine where the preponderance of proof lies. ”

“ That test is to determine from evidence whether the operation of an establishment like respondent's (a) 'serves or offers to serve interstate travelers' or (b) 'a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce * * *.' In order, therefore, for the Act to be held to apply the test must be shown to be met by evidence and judicial findings, not by guesswork, or assumptions, or 'judicial knowledge' of crucially relevant facts, or by unproved probabilities or possibilities. ”

“ Judicial review of agency action. 'Except so far as (1) statutes preclude judicial review or (2) agency action is by law committed to agency discretion.
' (a) Right of review.
'Any person suffering legal wrong because of any agency action, or adversely affected or aggrieved by such action within the meaning of any relevant statute, shall be entitled to judicial review thereof. ”

“ 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. ”