Annotated Forms of Pleading and Practice at Common Law, as Modified by Statutes, Vol. 1 of 3: For Use in All Common-Law States and Especially Adapted ... West Virginia, Maryland and District - Couverture souple
Synopsis
Excerpt from Annotated Forms of Pleading and Practice at Common Law, as Modified by Statutes, Vol. 1 of 3: For Use in All Common-Law States and Especially Adapted to the States of Illinois, Michigan, Mississippi, Florida, Virginia, West Virginia, Maryland and District of Columbia
It has been correctly said that the remedy is the life of the right; and it may be as accurately stated that no remedy at law is possible without proper forms. The forms of an action are inseparable from the right itself. Therefore, it often occurs that a substantial right is either waived or it is completely lost, by an omission of certain formalities. It is through the forms of the law, that the entire range of pleading and practice becomes useful, and it was with the object to make pleadings and prac tice available that this work was undertaken and developed.
Common law forms will always be of value to the profession, as the main difference between common law and code pleading lies in the manner and not in the substance of pleading. Thus, a good common law pleader presents the different phases of a cause of action under distinct counts and includes a con solidated count to cover the entire action. A coment code pleader states the cause of action in a single count or complaint that is equivalent to the consolidated count of the common law pleader. The ultimate object of the two modes of pleading is necessarily the same, the modern tendency of common law plead ing being toward the use of a consolidated count as against the old method of pleading a multiplicity of counts.
It will be observed that this work has three main features - the general principles of pleading and practice, the forms or prece dents and the annotations.
Little need be said about the first diion. A glance at the Contents of Volume I will afford a sufficient general idea of pleading and practice.
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Annotated Forms of Pleading and Practice at Common Law, as Modified by
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Paperback. Etat : New. Print on Demand. This book delves into the intricate world of legal proceedings, offering a comprehensive guide to navigating the complexities of lawsuits and court procedures. It meticulously examines the fundamental principles of pleading and practice, providing readers with a thorough understanding of the essential elements involved in initiating and conducting legal actions. Rooted in the historical context of common law, the author skillfully bridges the gap between traditional legal practices and contemporary statutory regulations. The book's exploration of various causes of action, ranging from contract disputes to personal injury claims, equips readers with the knowledge necessary to identify and pursue appropriate legal remedies. Delving beyond procedural aspects, this book delves into profound thematic discussions surrounding legal rights, obligations, and the pursuit of justice. The author's insightful analysis of limitations, defenses, and the intricacies of evidence presentation sheds light on the strategic considerations that underpin successful litigation. Ultimately, this book empowers readers with a comprehensive understanding of the legal landscape, enabling them to make informed decisions and effectively navigate the complexities of the judicial 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. N° de réf. du vendeur 9780265106006_0
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