Legal representation

“ A sufficient basis for the Court's holding is provided by the evolution of the duty of fair representation doctrine through suits tried to juries, the well-recognized duty to scrutinize any proposed curtailment of the right to a jury trial with the utmost care, and the fact that a duty of fair representation action resembles a common-law attorney malpractice action more closely than it does any other action. ”

“ Why, sir, in the days of the past, under our Constitution, the Southern States have been allowed a representation for a population that was not classed as citizens or people; they were allowed a representation for people who had no political status in the State; persons who were not entitled even to exercise the right of coming into a court of civil justice as a plaintiff or defendant in the prosecution or defense of a suit. ”

“ Now, for the first time, the views and purposes of our organization assume a fixed purpose and definite end. We no longer beat the air—no longer assume merely the attitude of petitioners. We claim a right, based upon citizenship. These resolutions will stand the test of legal criticism—and I write now to ask, if a case can not be made at your coming election. ”

“ The first doubt that naturally would occur is whether, if a right of action had vested previously, it could be taken away by such a statute. But it generally is recognized that in cases like the present, where the act originally purports to be done in the name and by the authority of the state, a defect in that authority may be cured by the subsequent adoption of the act. The person who has assumed to represent the will and person of the superior power is given the benefit of the representation if it turns out that his assumption was correct. ”

“ The whole argument for the defendant in error, is an effort to construe the Constitution and the Judiciary act, or rather to evade their natural sense, by means of legal subtleties and fictions. The constitution declares that the party shall be a citizen, that is, a natural person having a domicil and a certain civil status in a state. ”

“ Whereas they object, that the commonalty are represented in the livery of the said company, we answer:—Legal representatives must be legally chosen by the persons represented, or else they cannot, or at least ought not, to be bound by their determinations. ”

“ When one who is aggrieved by others, in any way contrary to law or usage, makes a representation to the monarch; this is matter for a law-suit.
6. The representation, as made by the plaintiff, is to be put in writing, in presence of the defendant; the year, month, half-month, day, names, cast, &c., [47] being given.
7. The answer [of the defendant] to what he has heard [read] is then to be put in writing, in presence of him who made the first representation: and then the latter shall, at once, furnish a statement in writing of the proof to support what he has asserted. ”

“ But what we do affirm and reiterate is that power is vested in the departments to determine all questions of equitable right or title, upon proper notice to the parties interested, and that the courts must, as a general rule, be resorted to only when the legal title has passed from the government. ”

“ The Constitution of the United States, in creating and defining the judicial power of the General Government, establishes this distinction between law and equity, and a party who claims a legal title must proceed at law, and may undoubtedly proceed according to the forms of practice in such cases in the State court. ”

“ That Congress do not exercise the powers vested in them by the 4th section of the 1st article, but in cases where a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress, agreeably to the Constitution. ”

“ Rule 24 (a) (2) is designed to allow participation in a litigation by nonparties whose interests may be impaired. [2] To avoid judicial inefficiency, however, the rule contains an adequacy of representation requirement, which precludes intervention when a nonparty's interests are already adequately represented by an existing party. [3]
Because this requirement may preclude parties from intervening even when they have protectible interests, applicants need only make a minimal showing of inadequate representation. ”

“ All constitutional acts of power, whether in the executive or in the judicial department, have as much legal validity and obligation as if they proceeded from the legislature; and therefore, whatever name be given to the power of making treaties, or however obligatory they may be when made, certain it is, that the people may, with much propriety, commit the power to a distinct body from the legislature, the executive, or the judicial. ”

“ The State Court of Justice decides on the constitutionality of laws, the violation of basic rights, when the outcome of a community vote is challenged, in disputes on constitution and in the cases specified in the constitution and the laws.
(2) The request can be made by: a group of people eligible to vote that must constitute at least a hundredth of all such people, the parliament, a tenth of the legal amount of its members, the state government and the prime minister. ”

“ The rights of the people will be secured by a representation in proportion to their numbers in one branch of the legislature, and the rights of the particular states by their equal representation in the other branch. ”

“ The reason of the presumption (we will so denominate it) was to establish the citizenship of the legal entity for the purpose of jurisdiction in the Federal courts. Before its adoption difficulties had been encountered on account of the conditions under which jurisdiction was given to those courts. ”

“ The general principle that a party must raise his own legal rights and interests and not those of third parties, and the limited exceptions to that principle, are part of the same set of standing requirements devised by this Court to limit the category of parties who may seek relief in federal court. ”

“ In the first of those cases it was said by PARKE, B., for the whole court, that 'if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth ”

“ And in case any such Election shall be, the same to be void; and in case any Lawyer shall be chosen of any Representative, or a Councell of State, then he shall be uncapable of practise as a Lawyer, during that trust.
7. That the power of the Peoples Representatives extend (without the consent or concurrence of any other person or persons) to the enacting, altering, repealing, and declaring of Lawes ”

“ The Petitioners at whose instance the proposed law has been brought in, form a very small and insignificant portion of the vast masses of the people whom your Petitioners represent. It would, therefore, be scarcely just and reasonable, or even expedient, to enact a law for the minority which shall interfere with the rights of the majority. ”

“ The rights of parties must be decided according to the established law of the land as declared by the legislature, or expounded by the courts, and not according to what the jury, in their own opinion, may suppose the law is, or ought to be ”

“ If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original jurisdiction where the Constitution has declared it shall be appellate, the distribution of jurisdiction made in the Constitution, is form without substance. ”

“ A century and a half of constitutional history and government admonishes this Court to leave that choice to the elected legislative representatives of the people themselves, where it properly belongs both on democratic principles and the requirements of efficient government. ”

“ Because under state law the legislature has exclusive jurisdiction to determine whether an elected Representative meets the enumerated qualifications, it is argued that the legislature has power to look beyond the plain meaning of the oath provisions which merely require that the oaths be taken. ”

“ In this case the two essential criteria would still concur—the creation of the officer by a popular election, and the possibility of his removal in the course of law, by accusation before, and conviction by, a competent tribunal. ”

“ There is privity between officers of the same government so that a judgment in a suit between a party and a representative of the United States is res judicata in relitigation of the same issue between that party and another officer of the government. ”

“ The party raising the question of constitutionality and invoking our jurisdiction must be interested in, and affected adversely by, the act, and the interest must by, the decision of the state court be of a personal, and not of an official, nature. ”

“ A statute that would require that all Electors be members of the two major parties is subject to the same constitutional challenge regardless of whether it is the legislature, the people, or some other body that is empowered to make the ultimate decision under the laws of the State. ”

“ If representation does wrong, the possibility of which is contemplated by every free government, some mode of correction is necessary. We have provided two; election, and a division of representation between the Federal and State governments, assigned to each distinct and independent powers, and divided the moral rights of representation, that one species may check the wrongs of the other. ”

“ It is a general principle, that when power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject-matter. ”

“ The original jurisdiction of this court, and its power to receive appellate jurisdiction, are created and defined by the Constitution; and the legislative department of the government can enlarge neither one nor the other. ”

“ Pending the decision of the Attorney-General of the United States on the question as to who are disfranchised by law, registers will give the most rigid interpretation to the law, and exclude from registration every person about whose right to vote there may be a doubt. ”

“ When the attorney-general is brought into a suit between third persons as the representative of the crown, and to protect its rights, though possessed of some privileges which do not belong to private persons, he is not only called a party, but he is treated as one. ”

“ Who ever heard before that the voluntary appearance of a citizen of a state gives jurisdiction to the federal courts, in a case in which that jurisdiction depends, not on the character of the cause, or the state of the pleadings, or the service of process-still less the will of an individual-but simply on the fact of citizenship or no citizenship, or, as it is commonly expressed, on the character of the parties-that is, on a distinct and ascertained civil status in the parties. ”

“ The power of the legislature to grant chancery powers to existing courts, or to create chancery courts, is without limitation. Besides the equity powers granted by the constitution to the supreme court and courts of common pleas, to perpetuate testimony, &c., 'the legislature shall vest in the said courts such other powers to grant relief in equity, as shall be found necessary, and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper, for the due administration of justice.' Art. ”

“ The personal representative is, therefore, the real party in interest before the court, 12 Pet., 171, and succeeds to all the rights of those they represent, by operation of law; and no other persons are capable, as representatives of the personalty, of suing or being sued. ”

“ We are of the opinion, that the equity of the statute allowing a bill of exceptions in courts of common law of original jurisdiction, embraces all such judgments or opinions of the court that arise in the course of a cause, which are the subjects of revision by an appellate court, and which do not otherwise appear on the record. ”

“ Of what use, therefore, can a bill of rights be in this Constitution, where the people expressly declare how much power they do give, and consequently retain all they do not? It is a declaration of particular powers by the people to their representatives, for particular purposes. It may be considered as a great power of attorney, under which no power can be exercised but what is expressly given. Did any man ever hear, before, that at the end of a power of attorney it was said that the attorney should not exercise more power than was there given him? ”

“ The legislature of a state performs its whole duty under the constitution in this particular when it provides a law for the government of its courts, while exercising their respective jurisdictions, which, if followed, will furnish the parties the necessary constitutional protection. ”

“ It is proposed that whenever a court of last resort shall adjudge that a statute trespasses upon the reserved constitutional rights of the individual, an appeal may be taken direct to the electorate, and that if a majority of those choosing to vote on the question desire the statute to stand, the constitution shall thereafter be held to be amended to that extent. ”

“ The distinction between such a power, and that of giving appellate jurisdiction in a few specified cases in the decision of which the nation takes an interest, is too obvious not to be perceived by all. ”

“ Upon the strictest rules which govern in Courts of common law, objections to the regularity of the process, to enforce an appearance, would be considered as removed by the appearance of the party, and pleading to the merits. ”