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Updated: May 19, 2025
In every respect the burthen is hard on those who attack an almost universal opinion. They must be very fortunate as well as unusually capable if they obtain a hearing at all. They have more difficulty in obtaining a trial, than any other litigants have in getting a verdict. If they do extort a hearing, they are subjected to a set of logical requirements totally different from those exacted from other people. In all other cases, the burthen of proof is supposed to lie with the affirmative. If a person is charged with a murder, it rests with those who accuse him to give proof of his guilt, not with himself to prove his innocence. If there is a difference of opinion about the reality of any alleged historical event, in which the feelings of men in general are not much interested, as the Siege of Troy for example, those who maintain that the event took place are expected to produce their proofs, before those who take the other side can be required to say anything; and at no time are these required to do more than show that the evidence produced by the others is of no value. Again, in practical matters, the burthen of proof is supposed to be with those who are against liberty; who contend for any restriction or prohibition; either any limitation of the general freedom of human action, or any disqualification or disparity of privilege affecting one person or kind of persons, as compared with others. The
By the nature of the case their judgments might easily appear to the litigants as tinged with prejudice. It would be better, he suggested, if the functions of jurisdiction were separated from those of distribution and the former duties given to some other authority.
Holding their high office by so precarious a tenure, they were under strong temptation to enrich themselves from the serviceable purses of wealthy litigants, and in disregard of justice to cultivate the favor of the attorneys practicing before them, and before whom they might soon be compelled themselves to practice.
Had she not constantly refused to be a "judge or a divider," she would have been constantly troubled with quarrels too paltry to be referred to me, and which were the sooner forgotten that the litigants were not drawn on further and further into the desert of dispute by the mirage of a justice that could quench no thirst.
This poor fellow had been an attorney, in what he called his better days, a sharp practitioner, and in great vogue among the village litigants; but flip, and sling, and toddy, and cocktails, imbibed at all hours, morning, noon, and night, had caused him to slide from intellectual to various kinds and degrees of bodily labor, till at last, to adopt his own phrase, he slid into a soap-vat.
In a little while they realized the wisdom of the king, and then they exclaimed: "Happy art thou, O land, when thy king is a free man." The quarrel had of set purpose been brought on by God to the end that Solomon's wisdom might be made known. In reality the two litigants were not women at all, but spirits.
There was not at the first, and in the days of what we may call "pure feudalism," any concept of a national law or natural right, but only a bundle of individual rights. Appeal from injustice was not made at a supreme law-court, but only to the courts of the barons to whom both litigants owed allegiance.
To settle the matter, Mr. Park gave a horn to each of the litigants. Leaving Konjour, and sleeping at a village called Malla, on the 8th he arrived at Kolor, a considerable town, near the entrance into which he saw hanging upon a tree, a sort of masquerade habit, made of the bark of trees, which he was told belonged to Mumbo Jumbo. The account of this personage is thus narrated by Mr.
They took the least frequented road to the metropolis of Scotland. Planting himself in one of the litigants' benches a line of seats in front of the semicircle where the fifteen Lords sat the Liddesdale riever took a careful survey of all the wonders of that old laboratory of law.
I do not put the thing on a question of right. That discretion, which in judicature is well said by Lord Coke to be a crooked cord, in legislature is a golden rule. Supplicants ought not to appear too much in the character of litigants.
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