Procedure

“ The rule-making procedure performs important functions. It gives notice to an entire segment of society of those controls or regimentation that is forthcoming. It gives an opportunity for persons affected to be heard. ”

“ If the evidence for undertaking a specific administrative act is conclusive, the application of the law and regulations to the act is correct, and the legal procedure is complied with, the specific administrative act shall be sustained by judgment. ”

“ The easiest accessibility to the courts for the parties, an obligatory stipulation for the gratuitous representation of poor suitors in establishing their claim, an official preliminary investigation, public oral pleadings according to the rules of civil process, the free examination of witnesses, the designation of the amount of indemnity after an open judicial estimation, inquiry into every kind of injury that may have been suffered, and a system of procedure corresponding with these conditions, are obvious points. ”

“ Criminal law procedure, and a good deal of commercial law, had been or were being put in a shape intelligible to civilian magistrates, and fairly within the comprehension of any intelligent man who would give a moderate amount of pains to mastering the text of the new codes. ”

“ Covered assessments carried out under section 7 and discussion of such assessments and review of third-party assessments carried out under section 7A, shall be conducted using scientific information, technical procedures, measures, methods, protocols, methodologies, or models in a manner consistent with the best available science. ”

“ The student should bear in mind that great care should be taken to keep the distinction clear between the organic law, special rules, and principles which are of general application, and adopted to meet the requirements of certain assemblies. ”

“ The object of this Course of Lectures is to communicate such a knowledge of medicine, and its collateral sciences, as is absolutely necessary in the practice of your profession. Questions of the highest interest, in a social point of view, are constantly occurring in our various courts of justice, some affecting the rights of property, some the health and comforts of whole communities, and some the character, the liberty, or the lives of individuals, the determination of which depends almost entirely on evidence derived from the medical sciences. ”

“ The term 'process' shall be construed to mean and include any and every writ, rule, order, notice, or decree, including any process of execution that may issue in or upon any action, suit, or legal proceeding to which said company may be a party by themselves, or jointly with others, whether the same shall arise upon a policy of insurance or otherwise, by or in any other court of this commonwealth having jurisdiction of the subject-matter in controversy, . ”

“ In reading the Laws of Plato, or any other ancient writing about Laws, we should consider how gradual the process is by which not only a legal system, but the administration of a court of law, becomes perfected. ”

“ The business of the hygienist and of the physician is to know the range of these modifiable conditions, and how to influence them toward the maintenance of health and the prolongation of life; the business of the general public is to give an intelligent assent, and a ready obedience based upon that assent, to the rules laid down for their guidance by such experts. But an intelligent assent is an assent based upon knowledge, and the knowledge which is here in question means an acquaintance with the elements of physiology. ”

“ The mechanism of justice in a modern State involves an elaborate process; in this process details such as the qualifications of the men who are to administer justice in Courts, the way in which they are to perform their functions, the method by which they are to be selected, the terms on which they shall hold office, are as vitally important as the jurisdiction or the authority of the Courts and the machinery for the enforcement of their judgments and orders. ”

“ The organization which is to be fulfilled through action is an organization which, at the time of judging, is present in conception, in idea—in, that is, reflective inquiry as a phase of reorganizing activity. And since its presence in conception is both a condition of the organization aimed at and a function of the adequacy of the reflective inquiry, it is evident that there is here a confirmation of our statement that the practical judgment is a judgment of what and how to judge as an integral part of the completion of an incomplete temporal situation. ”

“ And it is, as far as I have been able to learn, the practice of all countries.' The same will, the same positive action, the same purpose, and, it may be added, the same predicament or position of the actors, must exist in each class of cases. There must be intent and act, prompted by, and tending to, a practicable, or at least a probable result, and not mere endurance or submission to uncontrollable necessity in either case. ”

“ The vivid pictures of a leading jurisconsult's daily practice which abound in Latin literature—the clients from the country flocking to his antechamber in the early morning, and the students standing round with their note-books to record the great lawyer's replies—are seldom or never identified at any given period with more than one or two conspicuous names. ”

“ To establish rules governing the applications of such persons, the times and places of their examinations, the subjects upon which such examinations shall be had and the investigations to be made concerning the character and qualifications of such applicants, the mode of conducting the same and the manner of keeping and preserving the records thereof, and of perpetuating the evidence of such applications, qualifications, examinations and investigations, and their result as they may think expedient. ”

“ And when we find this persistence manifested throughout all ages in all departments of the regulative organization—when we see it to be the natural accompaniment of the function of that organization, which is essentially restraining—when we estimate the future action of the organization in any case, by observing the general sweep of its curve throughout long periods of the past—we shall see how misleading may be the conclusions drawn from recent facts taken by themselves. ”

“ To determine whether a given case falls within the one class or the other we must inquire whose is the work being performed,-a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work. ”

“ Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
(10) Methods provided by statute or rule. Any method of authentication or identification provided by Act of Congress, by rules prescribed by the Supreme Court pursuant to statutory authority, or by applicable regulations prescribed pursuant to statutory authority. ”

“ 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. ”

“ Some day, perhaps, we shall see a return of the well-abused system of patronage, whose evils can so easily be checked by the administration of proper tests, and by provisional appointments to be confirmed only after a sufficient period of practical trial. ”

“ The one will fix upon a course of practice in a given case with all due consideration, and when he has once fixed upon it, he will pursue it most faithfully, even though the progress of the case may furnish conclusive evidence that he is wrong. ”

“ For the purpose of the object on which we now enter, we have consulted a great mass of documents, and have had recourse to the personal experience of a gentleman who has made this kind of research his business. In every statement we make, we shall speak by the card, that equivocation may not undo us. The proof of every assertion, is ready to our hand.
The public have lately heard some trifling facts relative to Doctors’ Commons, through the medium of a young gentleman who was articled, by his aunt, to a proctor there. ”

“ Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitness, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. ”

“ In handing down the foregoing decisions relating to preference which grew out of a three months' consideration of the subject, and after hearing it discussed at great length and from every angle, the Board is acutely conscious that it is still largely an experiment, and that the test of actual practice may reveal imperfections, foreseen and unforeseen, which cannot be otherwise demonstrated than by test. ”

“ Service of regular process is a warning to all parties who have any interest in the cause to come in and protect their interest; and unless they do so, if due notice was given, they are bound by the decree. ”

“ Court and agency are the means adopted to attain the prescribed end, and so far as their duties are defined by the words of the statute, those words should be construed so as to attain that end through co-ordinated action. ”

“ A familiar example is the law directing the common law practice, &c., in the District Courts to 'conform, as near as may be, to the practice, &c. existing at the time' in the State Courts. Rev. Sts. § 914 (Comp. St. § 1537) . ”

“ The practice, even of a private office, if well established, is presumed to have been followed in individual cases, and is accepted as sufficient proof of the fact in question when primary evidence of such fact is wanting. ”

“ If we have now ascertained the importance and practicability of a civil code, and have shown what is to be done in order to obtain the benefit of it, we shall conclude, with some confidence, that we have rendered a great service to mankind. ”

“ Any society adopting this Manual, should make its rules govern them in all cases to which they are applicable, and in which they are not inconsistent with the By-Laws and Rules of Order of the society. ”

“ When instructions are asked, they should be precise and certain, to a particular intent; that the point intended to be raised may be distinctly seen by the court, and that error, if one be made, may be distinctly assigned. ”

“ It is too well established to require extended discussion that due process is not an inflexible concept. Rather, its requirements are determined in particular instances by identifying and accommodating the interests of the individual and society. ”

“ Every applicant for membership is required to state in his application his age and length of service with the road, or its branches, which is held to be conclusive evidence in respect to any subsequent claim presented by him or his representative. ”

“ This review of the forms and modes of proceeding in the passing of laws cannot fail to impress upon every mind the cautious steps, by which legislation is guarded, and the solicitude to conduct business without precipitancy, rashness, or irregularity. Frequent opportunities are afforded to each house to review their own proceedings ”

“ Every proposition, the object of which is to declare the urgency of a measure, must be preceded by an explanation of motives. If the Assembly is of opinion to accede to the proposition, it will fix the time when the report upon the necessity of the case shall be represented. ”

“ 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. ”

“ To carry into effect the purposes of the testator, the plan of organization should evidently embrace two objects,—one, the increase of knowledge by the addition of new truths to the existing stock; the other, the diffusion of knowledge thus increased, among men. ”

“ But while admitting this general principle, it, like others of a general nature, is subject to qualifications not inconsistent with the general rule, which now are as well established as the principle itself. ”

“ This will appear from an examination of a few of the strongest cases on each side of the question.'
He then goes into an examination of the decided cases, for which it is only necessary to refer to the case itself. ”

“ If the law is unwritten, and has to be gathered either from traditional report or by reference to the rules which have been laid down on previous occasions in cases resembling the one now calling for decision, opportunity is presented for all sorts of logical conflict as to the import of the previous cases cited in illustration, or as to the value of the analogies insisted upon. ”

“ We have stated more at large the proper practice in bringing up for review cases of this peculiar character, than was necessary to the disposition of the one before us, as they are frequently occurring, and the practice governing them not very well settled. ”

“ Advisory and executive functions, and a quasi-representation, seem to be three essentials in any experiment Till the principle has been generally accepted, detailed schemes are simply a waste of time, but it is worth while to get our minds quite clear on the necessary elements of any plan. ”

“ We must not have recourse to cupping at the commencement of complaints, nor when the body is in a plethoric state, but when the general system has been evacuated, and when there is no defluxion any longer to the part, and especially when there is a necessity of removing, dislodging, and determining something outwardly. ”

“ The words 'due process of law,' when applied to judicial proceedings, 'mean a course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the protection and enforcement of private rights.' Pennoyer v. ”