Excerpt from A Selection of Cases and Statutes on the Principles of Code Pleading: With Notes
The need of such a book has-been felt by me almost from my first meeting with the class in code pleading in the Law School of the Cincinnati University. Our course on that subject was based on a standard treatise and the Ohio code of civil procedure, both supplemented by occasional lectures on special topics, by occasional illustrations from leading cases, and by the drafting of pleadings under the code. There was no systematic and direct study of the cases themselves as embodying principles of code pleading.
Between this method of instruction and that which obtained in classes where cases were used as the basis of instruction, there was evidently a radical difference. -with the latter method, the instructor and every member of his class came into direct touch with the subject-matter of their investigation - the cases embodying the principles whose nature and application they sought to understand; with the former method, the law student seldom got beyond the treatise. While reading about the cases under the codes, and the enactments of other code states, he was not studying either at first hand, but rather was memorizing the deductions from them which he found in the treatise.
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Paperback. Condition: New. Print on Demand. This book delves into the transformative shift from traditional common-law pleading to the codified system that has shaped legal practice in numerous American states. The author traces the historical interplay between substantive and adjective law, highlighting the complexities that arose as the legal landscape transitioned from rigid forms of action to a unified "civil action." This evolution is placed within the broader context of American jurisprudence, underscoring the widespread adoption of codes modeled after early New York precedents. The book explores the core principles of code pleading, including the singular form of action, the emphasis on factual clarity in pleadings, and the pursuit of comprehensive dispute resolution by involving all necessary parties and claims. Through a meticulous examination of statutes and pivotal court decisions, the author illuminates the nuanced interpretations and evolving applications of code pleading principles. The book delves into crucial topics such as determining the appropriate party to initiate a lawsuit, navigating the intricacies of assignments, and understanding the role of trustees and representatives. By offering insights into the historical development and ongoing refinement of code pleading, this book provides a valuable resource for legal practitioners and scholars seeking to grasp the foundational principles that continue to shape civil litigation in the present day. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Seller Inventory # 9781331022015_0
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781331022015
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781331022015
Quantity: 15 available