Report of the ... Annual Meeting of the North Carolina Bar Association, Volumen17Seeman Printery., 1915 |
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Página 6
... statute be or be not constitutional . The interpretation or construction of the Constitution is as much a judicial act , and requires the exercise of the same legal dis- cretion , as the interpretation or construction of a law . To ...
... statute be or be not constitutional . The interpretation or construction of the Constitution is as much a judicial act , and requires the exercise of the same legal dis- cretion , as the interpretation or construction of a law . To ...
Página 7
... statutes by that standard . It is only by the exercise of this power that courts of justice are enabled to repel assaults , and to protect every part of the government , and every member of the community , from undue and destructive ...
... statutes by that standard . It is only by the exercise of this power that courts of justice are enabled to repel assaults , and to protect every part of the government , and every member of the community , from undue and destructive ...
Página 8
... statute is directly and necessarily drawn in ques- tion , that the Legislature has transcended its limitations , not only has the Court the power , but it is its duty to declare the statute void . The Constitution is the supreme law ...
... statute is directly and necessarily drawn in ques- tion , that the Legislature has transcended its limitations , not only has the Court the power , but it is its duty to declare the statute void . The Constitution is the supreme law ...
Página 18
... statute void on the ground that a jury consist- ing of only six men was contrary to law and the Constitution of New Jersey . There is no record , however , of the opinion * 103 N. C. , p . 466 . † N . C. Bar Asso . Reports , Vol 3 , p ...
... statute void on the ground that a jury consist- ing of only six men was contrary to law and the Constitution of New Jersey . There is no record , however , of the opinion * 103 N. C. , p . 466 . † N . C. Bar Asso . Reports , Vol 3 , p ...
Página 19
... statute was de- clared unconstitutional , though the judges were of the opinion that the Court had power to declare an act of the Legisla- ture to be unconstitutional and void . The case of Rutgers vs. Waddington , decided in the ...
... statute was de- clared unconstitutional , though the judges were of the opinion that the Court had power to declare an act of the Legisla- ture to be unconstitutional and void . The case of Rutgers vs. Waddington , decided in the ...
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Términos y frases comunes
adopted amendment American American Bar Association annual meeting appointed Asheville Assembly Asso Bellamy Biggs bill Bryson City Buncombe By-Laws Bynum candidates Carolina Bar Association Chairman Charlotte Chief Justice ciation citizen City client Committee on Legal Congress Connor Constitution convention COUNTY Davis declare delegates doctrine Durham duty elected England Executive Committee favor Fayetteville Federal Gastonia Goldsboro Governor Greensboro Greenville Grove Park Inn Guilford Hanover Harry Skinner Henderson Hendersonville Hillsboro honor interest Iredell John Jones judicial judiciary land lawyer Legislation and Law Legislature Lumberton matter Maxwell McLean Mecklenburg membership ment motion Nash Newbern North Carolina Bar passed person political party present President primary laws principle profession Raleigh recommendation Republican resolution Rocky Mount Ruffin Salisbury Seawell Secretary session statute Supreme Court Tarboro Thomas tion Treasurer United Vance void vote Wake Washington Waynesville Whiteville Wilmington Wilson Winston Woodard
Pasajes populares
Página 301 - The office of attorney does not permit, much less does it demand of him for any client, violation of law or any manner of fraud or chicane. He must obey his own conscience and not that of his client.
Página 306 - ... tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. He must also observe and advise his client to observe the statute law, though until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. But above all a lawyer will find his highest honor in a deserved reputation for fidelity...
Página 301 - Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause. It is improper for a lawyer to assert in argument his personal...
Página 299 - A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.
Página 107 - The tumult and the shouting dies; The captains and the kings depart; Still stands Thine ancient sacrifice, An humble and a contrite heart: Lord God of Hosts, be with us yet, Lest we forget, lest we forget!
Página 300 - Fixing the Amount of the Fee. In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge, or even none at all.
Página 304 - A lawyer openly, and in his true character may render professional services before legislative or other bodies, regarding proposed legislation and in advocacy of claims before departments of government, upon the same principles of ethics which justify his appearance before the courts...
Página 299 - The miscarriages to which justice is subject, by reason of surprises and disappointments in evidence and witnesses, and through mistakes of juries and errors of courts, even though only occasional, admonish lawyers to beware of bold and confident assurances to clients, especially where the employment may depend upon such assurance. Whenever the controversy will admit of fair adjustment, the client should be advised to avoid or to end the litigation.
Página 297 - It is the duty of the Bar to endeavor to prevent political considerations from outweighing judicial fitness in the selection of Judges. It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench; and it should strive to have elevated thereto only those willing to forego other employments, whether of a business, political or other character, which may embarrass their free and fair consideration of questions before them for decision.
Página 303 - Jury. — All attempts to curry favor with Juries by fawning, flattery or pretended solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or convenience of jurors, and propositions to dispense with argument, should be made to the Court out of the Jury's hearing.