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Principled Guidance

Sean McKeever and Michael Ridge

in Principled Ethics: Generalism as a Regulative Ideal

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199290659
eISBN:
9780191603617
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199290652.003.0009
Subject:
Philosophy, Moral Philosophy

Morality is a practical matter that concerns choice and action, and a sound moral outlook should be capable of motivating someone to act virtuously. Hence, it is reasonable to expect that moral ... More


The Common Law in Colonial America: Volume II: The Middle Colonies and the Carolinas, 1660-1730

William E. Nelson

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199937752
eISBN:
9780199301539
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199937752.001.0001
Subject:
History, American History: early to 18th Century

With the restoration of monarchy in 1660, English policy toward its North American empire began to assume some coherence. During Charles II's reign, various institutions of English government assumed ... More


Late Roman Advocates

Caroline Humfress

in Orthodoxy and the Courts in Late Antiquity

Published in print:
2007
Published Online:
January 2008
ISBN:
9780198208419
eISBN:
9780191716966
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208419.003.005
Subject:
History, European Medieval History

This chapter explores the question of whether post-classical advocates influenced the development of late Roman law through their forensic pleading. Under the various late Roman civil cognitio ... More


Dynamics of Inclusion and Exclusion: Unfitness to Plead and Infancy

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter juxtaposes two mental incapacity doctrines — unfitness to plead and infancy — that are facially quite dissimilar, but which define, by a process of exclusion, those who can be subjected ... More


Cicero and the Law

Jill Harries

in Cicero the Advocate

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198152804
eISBN:
9780191715143
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198152804.003.0006
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

As an advocate, Cicero had intellectual preoccupations which he shared with his being a philosopher. In his theorising on advocacy, Cicero drew on his practical experience in the courts. Conversely, ... More


The Work of the Bar and Working Life

David Lemmings

in Professors of the Law: Barristers and English Legal Culture in the Eighteenth Century

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198207214
eISBN:
9780191677557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198207214.003.0002
Subject:
History, British and Irish Modern History

This chapter looks at the work of the bar and working life of a barrister. Eighteenth-century barristers were formally distinguished from other types ... More


New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Scott Dodson

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.001.0001
Subject:
Law, Constitutional and Administrative Law

This book analyzes, critiques, and provides solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape ... More


Procedure

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0004
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter outlines the main stages through which court cases might proceed, whilst noting flexibility and variation. It begins by describing two cases in detail. The first case comes from the ... More


Procedure

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0013
Subject:
Law, Legal History, Constitutional and Administrative Law

In many aspects of activity there was probably considerable continuity across the Norman Conquest within the types of court that had existed in England before 1066. Even in the new seignorial courts ... More


The Proportionality Principle and the Amount In Controversy

Peter B. Rutledge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0008
Subject:
Political Science, American Politics

Focusing on the matters of pleading and discovery, this chapter proposes to invigorate the proportionality principle; that is, the discovery costs should be proportional to the amount in controversy. ... More


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