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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


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


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


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


Fitness to Plead: International and Comparative Perspectives

Ronnie Mackay and Warren Brookbanks (eds)

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.001.0001
Subject:
Law, Comparative Law

While criminalisation may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this ... More


E Pluribus Unum: How the Common Law Helped Unify and Liberate Colonial America, 1607-1776

William E. Nelson

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190880804
eISBN:
9780190882174
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190880804.001.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This book examines the role of the common law in the life and politics of Great Britain’s North American colonies from the founding of Virginia in 1607 to the outbreak of the American Revolution in ... More


The Jury and Pleading

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0005
Subject:
Law, Legal History

This chapter concentrates on the jury and the history of pleading, which was at the heart of the common-law system. Pleading was the means of defining a factual issue which could be tried by jury. In ... More


Pleading and Procedure in the Action for Breach of Promise

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0016
Subject:
Law, Legal History

This chapter examines the pleading and procedure in the action for breach of promise in England during the medieval period. It suggests that the declarations and pleadings in an assumpsit action were ... More


Pleading

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0018
Subject:
Law, Legal History

This chapter examines the process of pleading an action in the judicial system in England during the Tudor period. This period witnessed the evolution of pleading from an oral process conducted in ... More


Introduction: Letters of the Law

Sora Y. Han

in Letters of the Law: Race and the Fantasy of Colorblindness in American Law

Published in print:
2015
Published Online:
September 2015
ISBN:
9780804789110
eISBN:
9780804795012
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789110.003.0005
Subject:
Law, Constitutional and Administrative Law

Drawing on concepts from critical race theory, feminist psychoanalysis and deconstruction, the Introduction exposits and explains the importance of developing a protocol of reading the law’s language ... More


Other Criminal Trial–Related Competency Issues: Miranda Waivers/Confessions, Waiver of Counsel, Guilty Pleas, and Competence to Testify

Thomas L. Hafemeister

in Criminal Trials and Mental Disorders

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479804856
eISBN:
9781479850754
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479804856.003.0008
Subject:
Psychology, Social Psychology

Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional ... More


Introduction

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0001
Subject:
Law, Constitutional and Administrative Law

Government officials jail people they perceive as threats. But officials are imperfect and may inflict injustices. One solution is habeas corpus—a judicial order that requires government officials to ... More


The Effects of New Pleading

Scott Dodson

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

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the severe effects brought about by New Pleading. While New Pleading has indeed proved efficient in screening out a number of cases, the percentage of cases is too small to ... More


Curing New Pleading

Scott Dodson

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

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter stresses that the ideal solution to the New Pleading issue is to restore the Old Pleading procedures, with a renewed focus on refining the system. It acknowledges that the Old Pleading ... More


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