The second step that should be taken is a simplification of the procedure in all cases in the Federal trial courts. We still retain in those courts the distinction between suits at law, suits in equity, and suits in admiralty. The Constitution refers specifically to them, and in deference to that separation in the Constitution, the distinction is preserved in the Federal practice. It seems to me that there is no reason why this distinction, so far as actual practice is concerned, should not be wholly abolished, and what are now suits in law, in equity and in admiralty, should not be conducted in the form of one civil action, just as is done in the code states. Of course it will be necessary in such a system to preserve the substantial differences in procedure and right which are assured by the Constitution and are of the utmost value in the administration of justice: ~~ Chief Justice Taft to the Chicago Bar Association, 1921
Posted on: Thu, 25 Sep 2014 17:07:34 +0000
Trending Topics
Recently Viewed Topics
© 2015