Excerpt from The Historical Development of Code Pleading in America and England
The first Of these tendencies is especially prominent in the introduction which many law Students receive to the general subject Of code pleading. NO true friend Of the codes is likely to disparage the study Of common law pleading. For many years to come it will be essential to their comprehension. The habit Of exact and logical dis crimination which its rules impose still goes into the mak ing Of the masters Of code pleading. But just here, as it seems to me, the law schools and the law Offices, even in code states, Often commit the young practitioner to the wrong road. He is required, first Of all, to study the admirable system Of rules which Stephen, some seventy years ago, laid down for the law students Of his own day, and then is hurried through the rules Of code pleading, as if they were but modifications Of his hastily digested common law rules.
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Paperback. Condition: New. Print on Demand. This book delves into the historical development and key principles of code pleading, a system that revolutionized legal procedures in the United States and British Empire. The author traces the roots of this transformative shift to an increasing incongruity between evolving substantive law and the rigid confines of common law pleading. The narrative explores the limitations of the old system, including the separation of legal and equitable remedies, the complexities of numerous forms of action, and the constraints on joining parties and claims. The author highlights how these issues often led to obstructed justice and a growing sense of inequity. Through a comprehensive analysis, this book sheds light on the emergence of code pleading as a response to these challenges. It examines the core features of this new system, such as the single form of action, the emphasis on concise factual statements, and the ability to resolve complex disputes involving multiple parties and claims. By understanding the historical context and underlying principles of code pleading, readers gain valuable insights into this pivotal moment in legal history and its enduring impact on the pursuit of a more efficient and equitable justice system. 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 # 9781330979785_0
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330979785
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330979785
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Condition: Hervorragend. Zustand: Hervorragend | Seiten: 340 | Sprache: Englisch | Produktart: Bücher | Keine Beschreibung verfügbar. Seller Inventory # 25889976/1