Rules of procedure

“ Procedure represents a fundamental instrument for the administration of justice. Procedural laws shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities. ”

“ Decided cases of the highest authority, affirm that doctrine, and it must, doubtless, be deemed correct in most or all jurisdictions where the rules of the common law prevail, as understood in the parent country. ”

“ An examination of the acts of congress, in relation to process and proceedings, and the power of the Court to make and establish all necessary rules for conducting business in the courts, is gone into, and considered sufficient to authorize process and proceedings against a state ”

“ Our common law system consists in applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedents, and for the sake of attaining uniformity, consistency and certainty, we must apply those rules when they are not plainly unreasonable and inconvenient to all cases which arise ”

“ In the exercise of that power and to satisfy a public need, a state may choose the remedy best adapted, in the legislative judgment, to protect the interests concerned, provided its choice is not unreasonable or arbitrary, and the procedure it adopts satisfies the constitutional requirements of reasonable notice and opportunity to be heard. ”

“ 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. ”

“ The development of a legal system consists in the progressive substitution of rigid pre-established principles for individual judgment, and to a very large extent these principles grow up spontaneously within the tribunals themselves. That great aggregate of rules which constitutes a developed legal system is not a condition precedent of the administration of justice, but a product of it. ”

“ By the well-established rules of construing statutes, 'if divers statutes relate to the same thing, they ought all to be taken into consideration in construing any one of them.' Where there are different statutes in pari materia, though made at different times, or even expired, and not referring to each other, they shall be taken and construed together as one system, and as explanatory of each other. ”

“ It may, however, be perfectly willing to submit the point to any tribunal which even purports to be impartial, and abide by its decision. In this way some systems of law have grown up. They began by regulating procedure. ”

“ It is also unwise for an ordinary society to adopt the widely differing and constantly changing rules of the various state legislatures, since in all large assemblies the deliberating is usually done by committees. Then, too, because these rules are adapted to the peculiar wants of large bodies, and are often not suitable for ordinary assemblies, it follows that legislative rules should not be appealed to as governing ordinary assemblies in every matter of detail, but only in the absence of special rules or of an adopted authority are they of any force in other assemblies. ”

“ Administrative courts exist for the application of administrative law, and administrative law may be defined in brief as that body of legal principles by which are determined the status and liabilities of public officials, the rights and liabilities of private individuals in their dealings with the official representatives of the state, and the procedure by which these rights and liabilities may be enforced. ”

“ A determination, an order and other decision includes a determination, an order and other decision purportedly made, proposed to be made, or required to be made, under this Act or any Regulations or Rules if there were not an excess of jurisdiction or a failure to exercise jurisdiction, in the making of the determination, order or other decision. ”

“ The procedure in civil causes, other than those in equity and admiralty, from their commencement to final judgment, must conforn, as near as may be, to the procedure existing at the time in like causes in the courts of record of the state in which the federal courts are held. It must, therefore, follow subsequent changes in the procedure in like causes in the state courts. ”

“ To the proper conduct of the business of this court rules are necessary, and, having been prescribed, reasonable compliance with them is expected, and must be insisted upon. When they are disregarded, dispensation from the consequences can only be extended where the circumstances furnish adequate excuse. ”

“ It will be seen by reference to the admiralty rules, and also to the rules of the separate circuit and district courts, that various provisions as to the methods of taking evidence and similar points were made thereby. That a long and uninterrupted practice under a statute is regarded as good evidence of its construction is a familiar doctrine. ”

“ 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. ”

“ We think that this plan of procedure provides for the judicial determination of every question of law which the claimant is entitled to raise. We find nothing in the statute which limits the judicial review to questions of statutory construction or of mere regularity of procedure. The 'law,' with which the decision of the Board may be in conflict, may be the fundamental law. Questions of validity as well as of statutory authority or regularity may be determined. These may relate to due process in the hearing or in the refusal of a refund. ”

“ Where the intent of Congress is clear to require administrative determination, either to the exclusion of judicial action or in advance of it, a strong showing is required, both the inadequacy of the prescribed procedure and of impending harm, to permit short-circuiting the administrative process. ”

“ All persons are charged with knowledge of the provisions of statutes and must take note of the procedure adopted by them and when that procedure is not unreasonable or arbitrary there are no constitutional limitations relieving them from conforming to it. ”

“ Whether I have a right to recover certain property is a question of substantive law, for the determination and the protection of such rights are among the ends of the administration of justice; but in what courts and within what time I must institute proceedings are questions of procedural law, for they relate merely to the modes in which the courts fulfil their functions. What facts constitute a wrong is determined by the substantive law; what facts constitute proof of a wrong is a question of procedure. ”

“ The expedients which are put into laws to make them effective, the decisions and rules of administrative commissions, the decisions of attorney-generals, bar associations, reports upon codification, model laws or uniform laws—all this data, if made available, would aid the legislator in his task. Such material will help him to find out what he can do, and although the classification of this data is a great task, it should be begun by some one. ”

“ 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. ”

“ 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. ”

“ Sometimes societies include in their by-laws some rules relating to the transaction of business without any intention, evidently, of giving these rules any greater stability than is possessed by other rules of their class, and they may be suspended the same as if they were called rules of order. ”

“ 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. ”

“ The right of a State to regulate, for example, a public utility may well include, so far as the due process test is concerned, power to impose all of the restrictions which a legislature may have a 'rational basis' for adopting. ”

“ 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, . ”

“ This long practice amounted to a contemporaneous and continuous construction of the statute by the concurring interpretation of judicial and executive officers charged with the duty of carrying out its provisions. ”

“ In a subsequent decision, the Court described notice requirements as "a salutary development which, by increasing the evidence available to both parties, enhances the fairness of the adversary system." ”

“ Every decision and measure of the administrative organs and of other state organs discharging political-executive and administrative business, as well as every decision adopted by organizations in the exercise of their public functions, shall be based on law or on other legally adopted regulations. ”

“ Considering the peculiar nature of the jurisdiction in this class of cases, I cannot admit that doctrine. Proceedings in this class of cases are very different from the proceedings in suits at common law. ”

“ In determining whether or not due process of law has been denied, regard must always be had to the character of the proceeding involved for the purpose of determining what the practice at common law was and what the practice in this country has been in like cases. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ If an administrative determination of status has the effect of subjecting a person to legal obligations, whether embodied in statute or previously formulated administrative commands, or otherwise affecting legal rights, such a determination possesses the elements of a reviewable order. ”

“ Where all the facts are undisputed, this Court may, in the interests of judicial economy, determine the applicability of the provisions of that Act, even though some specific sections were not argued below. ”

“ 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. ”

“ He soon worked his way into a good practice both in London and the home circuit, his knowledge of law and procedure being so well recognized that in 1850 he was appointed a member of the Common Law Procedure Commission, which resulted in the Common Law Procedure Act of 1852. ”

“ Certain provisions of the Civil Code and the Code of Practice, as well as a number of decisions of the supreme court of the state, are relied upon to support this view all which we shall now consider. ”

“ It may reverse or affirm the judgments, orders, or decrees of said . . . [commission] and may remand a cause to said . . . [commission] with such mandates as law or equity shall require; and said . . . ”

“ This section states that for purposes of § 5 and other sections, 'control' 'shall be construed to include actual as well as legal control, whether maintained or exercised through or by reason of the method of or circumstances surrounding organization or operation * * *.' We have construed this language to encompass every type of control in fact and have left to the agency charged with enforcement the determination from the facts whether 'control' exists, subject to normal standards of review. ”

“ In the light thus supplied by the practice of the Bureau and the analogy of pleadings, the way is cleared for a conclusion. The line of division must be kept a sharp one between the function of a statute requiring the presentation of a claim within a given period of time, and the function of a regulation making provision as to form. The function of the statute, like that of limitations generally, is to give protection against stale demands. The function of the regulation is to facilitate research. ”

“ However, "a process must be judged by the generality of cases to which it applies, and therefore a process which is sufficient for the large majority of a group of claims is by constitutional definition sufficient for all of them." ”