„Courts of equity make their decrees so as to arrive at the justice of the case without violating the rules of law.“

Clayton v. Adams (1796), 6 T. R. 605.

Последнее обновление 22 мая 2020 г. История
Lloyd Kenyon, 1st Baron Kenyon фото
Lloyd Kenyon, 1st Baron Kenyon92
British Baron 1732 - 1802

Похожие цитаты

Lloyd Kenyon, 1st Baron Kenyon фото

„It was said by a very learned Judge, Lord Macclesfield, towards the beginning of this century that the most effectual way of removing land marks would be by innovating on the rules of evidence; and so I say. I have been in this profession more than forty years, and have practised both in Courts of law and equity; and if it had fallen to my lot to form a system of jurisprudence, whether or not I should have thought it advisable to establish two different Courts with different jurisdictions, and governed by different rules, it is not necessary to say. But, influenced as I am by certain prejudices that have become inveterate with those who comply with the systems they found established, I find that in these Courts proceeding by different rules a certain combined system of jurisprudence has been framed most beneficial to the people of this country, and which I hope I may be indulged in supposing has never yet been equalled in any other country on earth. Our Courts of law only consider legal rights: our Courts of equity have other rules, by which they sometimes supersede those legal rules, and in so doing they act most beneficially for the subject. We all know that, if the Courts of law were to take into their consideration all the jurisdiction belonging to Courts of equity, many bad consequences would ensue. To mention only the single instance of legacies being left to women who may have married inadvertently: if a Court of law could entertain an action for a legacy, the husband would recover it, and the wife might be left destitute: but if it be necessary in such a case to go into equity, that Court will not suffer the husband alone to reap the fruits of the legacy given to the wife; for one of its rules is that he who asks equity must do equity, and in such a case they will compel the husband to make a provision for the wife before they will suffer him to get the money. I exemplify the propriety of keeping the jurisdictions and rules of the different Courts distinct by one out of a multitude of cases that might be adduced.... One of the rules of a Court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances: but when the point is doubtful, they send it to be tried at law, directing that the answer of the party shall be read on the trial; so they may order that a party shall not set up a legal term on the trial, or that the plaintiff himself shall be examined; and when the issue comes from a Court of equity with any of these directions the Courts of law comply with the terms on which it is so directed to be tried. By these means the ends of justice are attained, without making any of the stubborn rules of law stoop to what is supposed to be the substantial justice of each particular case; and it is wiser so to act than to leave it to the Judges of the law to relax from those certain and established rules by which they are sworn to decide.“

—  Lloyd Kenyon, 1st Baron Kenyon British Baron 1732 - 1802

Bauerman v. Eadenius (1798), 7 T. R. 667.

Richard Arden, 1st Baron Alvanley фото
Lloyd Kenyon, 1st Baron Kenyon фото
Sir Francis Buller, 1st Baronet фото
Sir Francis Buller, 1st Baronet фото
George Jessel (jurist) фото
Henry Bickersteth, 1st Baron Langdale фото
Nelson Mandela фото

„In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading.“

—  Nelson Mandela President of South Africa, anti-apartheid activist 1918 - 2013

1960s, First court statement (1962)
Контексте: In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolized by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

Edmund Burke фото
Sir Francis Buller, 1st Baronet фото
John Eardley Wilmot фото

„So long as Courts of justice remain Courts of justice there must be decency maintained.“

—  Sir John Bayley, 1st Baronet British judge 1763 - 1841

1 St. Tr. (N. S.) 382.
Trial of Hunt and others (King v. Hunt) (1820)

Lloyd Kenyon, 1st Baron Kenyon фото
John Marshall фото
Charles Bowen фото
Ulysses S. Grant фото

„You can violate the law. The banks may violate the law and be sustained in doing so. But the President of the United States cannot violate the law.“

—  Ulysses S. Grant 18th President of the United States 1822 - 1885

Reply to brokers who urged him to lend $44 million from the U.S. Treasury reserve to banks. Harper's Weekly (11 October 1873).
1870s

Ai Weiwei фото

„China has not established the rule of law and thus there is no justice.“

—  Ai Weiwei Chinese concept artist 1957

2010-, Living in Fear Is Worse Than Imprisonment, 2012

John Lancaster Spalding фото
Margaret Thatcher фото
Dwight D. Eisenhower фото

„But when large gatherings of obstructionists made it impossible for the decrees of the Court to be carried out, both the law and the national interest demanded that the President take action.“

—  Dwight D. Eisenhower American general and politician, 34th president of the United States (in office from 1953 to 1961) 1890 - 1969

1950s, Address to the American People on the Situation in Little Rock (1957)
Контексте: It was my hope that this localized situation would be brought under control by city and State authorities. If the use of local police powers had been sufficient, our traditional method of leaving the problems in those hands would have been pursued. But when large gatherings of obstructionists made it impossible for the decrees of the Court to be carried out, both the law and the national interest demanded that the President take action.

„Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Etiam egestas wisi a erat. Morbi imperdiet, mauris ac auctor dictum.“