The Judicial Process: Readings, Materials, and Cases

action appellate court applied argument Cardozo civil claim common law concept conclusion Congress considered constitutional contract Court of Appeals criminal custom damages decide defendant determine discretion dissenting doctrine due process Due Process Clause duty effect equity evidence exercise existing facts federal courts Fourteenth Amendment function Holmes House of Lords interpretation issue judge's judgment judicial decision judicial process jurisdiction jurisprudence jury Justice L.Ed lawyers legal precepts legislative legislature liability limited litigation logic Lord matter meaning ment moral negligence opinion overruling particular parties person plaintiff political practice precedent principles problem procedure public policy question ratio decidendi reason recognized Reprinted by permission res ipsa loquitur result ROSCOE POUND rule of law RUPERT CROSS S.Ct sense sion social interest society stare decisis statute statutory sua sponte Supreme Court theory tion tort trial court trial judge Tucker Act United words yrs prob