Civil Cases Quotes & Sayings

What many of those who oppose the use of juries in civil trials seem to ignore is that the founders of our Nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a safeguard too precious to be left to the whim of the sovereign, or, it might be added, to that of the judiciary. — William Rehnquist

If you follow Donald Trump's logic, say that he couldn't decide any civil rights cases because he would be biased.I mean, we do want a diverse and inclusive judiciary - one that looks like the people that they serve. And we do recognize the value of having diverse backgrounds represented. — Deborah Rhode

Of the liberty of conscience in matters of religious faith, of speech and of the press; of the trial by jury of the vicinage in civil and criminal cases; of the benefit of the writ of habeas corpus; of the right to keep and bear arms ... If these rights are well defined, and secured against encroachment, it is impossible that government should ever degenerate into tyranny. — James Monroe

When the jury is reserved for criminal affairs, the people see it act only from time to time and in particular cases; they get used to doing without the jury in the ordinary course of life, and they consider it as a means and not as the only means for obtaining justice.
When, on the contrary, the jury is extended to civil affairs, its application comes into view at every moment; then it touches all interests; each person comes to contribute to its action; in this way it enters into the customs of life; it bends the human spirit to its forms and merges so to speak with the very idea of justice. — Alexis De Tocqueville

In civil and political affairs, American women take no interest or concern, except so far as they sympathize with their family and personal friends; but in all cases, in which they do feel a concern, their opinions and feelings have a consideration, equal or even superior, to that of the other sex. — Catharine Beecher

Often ignored by civil rights historians, a number of campaigns led to trials and even convictions throughout the South. These cases, many virtually unknown, broke with Southern tradition and fractured the philosophical and political foundations of white supremacy by challenging the relationship between sexual domination and racial equality. — Danielle L. McGuire

It is a sad irony that many countries possessing natural resources with high income potential have floundered into civil strife as factions compete for their share of the bounty, often monopolized by despotic leaders. Sharing the resource wealth across the country is one suggested way to defuse the threat of political conflict, usually by transferring part of the earnings to local area governments and, in particular, to the area where the natural resource is exploited, be it oil, diamonds or other minerals. In some cases, this fiscal devolution route has limited the conflict, if the amount transferred is large enough. However, in others it has triggered conflict by giving local dissidents the means to pay for insurrection.57 It turns out that the optimum way to defuse or prevent potential conflict is to pay direct cash transfers to all individuals, which would make it much more difficult for secessionist movements or local political parties to appropriate the resources. — Guy Standing

So many of us had hoped that the civil system might be an alternative for some women, where the burdens were a little bit less, and cases might be easier to prove. — Susan Estrich

Probably half the cases of Civil War dead were not identified. And so there was no way to let loved ones know, and there were no regularized processes in either Northern or Southern Army for notifying next of kin. — Drew Gilpin Faust

The state governments have a full superintendence and control over the immense mass of local interests of their respective states, which connect themselves with the feelings, the affections, the municipal institutions, and the internal arrangements of the whole population. They possess, too, the immediate administration of justice in all cases, civil and criminal, which concern the property, personal rights, and peaceful pursuits of their own citizens. — Joseph Story

"It astonishes me to find ... [that so many] of our countrymen ... should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury in civil cases, freedom of religion, freedom of the press, freedom of commerce, the habeas corpus laws, and of yoking them with a standing army. This is a degeneracy in the principles of liberty ... which I [would not have expected for at least] four centuries." — Thomas Jefferson

Rusche and Kirchheimer relate the different systems of punishment with the systems of production within which they operate: thus, in a slave economy, punitive mechanisms serve to provide an additional labour force
and to constitute a body of 'civil' slaves in addition to those provided by war or trading; with feudalism, at a time when money and production were still at an early stage of development, we find a sudden increase in corporal punishments
the body being in most cases the only property accessible; the penitentiary (the Hopital General, the Spinhuis or the Rasphuis), forced labour and the prison factory appear with the development of the mercantile economy. But the industrial system requires a free market in labour and, in the nineteenth century, the role of forced labour in the mechanisms of punishment diminishes accordingly and 'corrective' detention takes its place. — Michel Foucault

In all those cases, in accordance with the theme of this book, increases in economic freedom have gone hand in hand with increases in political and civil freedom and have led to increased prosperity; competitive capitalism and freedom have been inseparable. — Milton Friedman

I was a chief justice. And before that, I was a district court judge, handled major felonies, including capital murder cases; and I handled major civil litigation. — Louie Gohmert

Any court which undertakes by its legal processes to enforce civil liberties needs the support of an enlightened and vigorous public opinion which will be intelligent and discriminating as to what cases really are civil liberties cases and what questions really are involved in those cases. — Robert H. Jackson

Law in general is human reason, inasmuch as it governs all the inhabitants of the earth: the political and civil laws of each nation ought to be only the particular cases in which human reason is applied. — Charles De Secondat

In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature. — James Madison

The U.S. legal system is organized as an adversarial contest: in civil cases, between two citizens; in criminal cases, between a citizen and the state. Physical violence and intimidation are not allowed in court, whereas aggressive argument, selective presentation of the facts, and psychological attack are permitted, with the presumption that this ritualized, hostile encounter offers the best method of arriving at the truth. — Judith Lewis Herman

I don't say that the supposed Civil Rights development is a myth, but it's a matter of dealing with reality. It's purely peripheral and, in many cases, it's just a facade. — Norman Granz

Natural rights are those which appertain to man in right of his existence. Of this kind are all the intellectual rights, or rights of the mind, and also all those rights of acting as an individual for his own comfort and happiness, which are not injurious to the natural rights of others. Civil rights are those which appertain to man in right of his being a member of society. Every civil right has for its foundation some natural right pre-existing in the individual, but to the enjoyment of which his individual power is not, in all cases, sufficiently competent. Of this kind are all those which relate to security and protection. — Thomas Paine

In all human transactions, the highest degree of assurance to which we can arrive, short of the evidence of our own senses, is that of probability. The most that can be asserted is, that the narrative is more likely to be true than false; and it may be in the highest degree more likely, but still be short of absolute mathematical certainty. Yet this very probability may be so great as to satisfy the mind of the most cautious, and enforce the assent of the most reluctant and unbelieving. If it is such as usually satisfies reasonable men, in matters of ordinary transaction, it is all which the greatest sceptic has a right to require; for it is by such evidence alone that our rights are determined, in the civil tribunals; and on no other evidence do they proceed, even in capital cases. — Simon Greenleaf

Some folks in the office said I should explain in my complaint that I was a civil rights attorney working on police misconduct cases. It seemed to me that no one should need those kinds of credentials to complain about misconduct by police officers. — Bryan Stevenson

In case we have to shoot Democrats. It happened during the Civil War, and it could happen again. — P. J. O'Rourke

No outward doors of a man's house can in general be broken open to execute any civil process; though in criminal cases the public safety supersedes the private. — William Blackstone

Whether by this he meant the clergy I know not; though I observed he spoke favourably of that body in France, pointing out that, long before the recent agitations, they had defended the civil rights of the Third Estate, and citing many cases in which the country curates had shown themselves the truest friends of the people: a fact my own observation hath confirmed. I remarked to him that I was surprised to find how little talk there was in Italy of the distracted conditions in France; and this though the country is overrun with French refugees, or emigres, as they call themselves, who bring with them reports that might well excite the alarm of neighbouring governments. He said he had remarked the same indifference, but that this was consonant with the Italian character, which never looked to the morrow; and he added that the mild disposition of the people, and their profound respect for religion, were sufficient assurance against any political excess. To this I could not forbear — Edith Wharton

The vast majority of criminal cases are settled by plea bargaining. Only the rare civil case goes to trial, not least because most judges now see "case management" rather than presiding over trials as their primary responsibility. Late — Mark Tushnet