JB_106_136.xml

Title: [3[?] March 1807 Judicial Justice]

Description: 3[?] March 1807

Judicial Justice

Letter V

Resolut. 10 &c

III. Remedies or Corrective modes

 Rewrite this below?

1. First as to the different operations, correspondent to the different shapes in which injustice, having its source in misconduct on the part of the Judge is apt to show itself.

1. To injustice in the shape of misdecision, the remedy is either reversal or modification: reversal, if the decision pronounced below be erroneous in toto: as if it be pronounced in favour of the Plff., whereas it ought to have been in favour of the Defendant, or vice versâ: modification, if erroneous pro tanto: as if the value of the benefit adjudged to the plaintiff were too great or not great enough: or as if being adjudged absolutely it ought not to have been adjudged but under certain conditions - or being adjudged in certain conditions, such conditions were in any respect improper.

091-106.xml

Title: [24 Dec r 1806 Scotch Reform To L d]

Description: 24 Dec r 1806

Scotch Reform To L d Grenville 6

Resolut. 10

Advocat. Suspension

Of the two species or forms of judicial misconduct, misdecision and delay, the one positive, the other negative, to one or other of which, when considered in a logical point of view carry species of inconveniences which can take place is removable the one which is the easiest to cope with the grievance to which the legislator finds with least difficulty in applying an adequate remedy, is misdecision: the one which he finds it most difficult to cope with, is delay. A plan /system/ of superintendence which has no application to delay, does but little more than half its duty /is deficient by little less than half/: it leaves altogether without a remedy little less than half the mass of mischief which a system of provision aims or at least professes to aim at obviating. A plan /system/ of superintendance which in respect of /its application to/ delay acts with a degree of efficiency /efficacy/ that of inferior to what might be given to it remains as big as the deficiency is /remains //[...?]/ misapplied[?] /remains on the part of the legislator/, a monument either of the [...?] or of the negligence /of [...?] or of negligence/ of the legislator.

Against misdecision, the remedy, I have said, is plain and easy: if to the prejudice of the defendant in toto, or[?] reversal: if to the prejudice of the plaintiff in toto, decision in his former[?] de novo: if to the prejudice of either side pro tanto, modification: modification, unreformed by substituting to the decision pronounced below, a decision not opposite, as in the case of reversal, opposite, but different.

JB_092_004.xml

Title: [27 May 1807 + 11 (3 Letter]

Description: 27 May 1807

+ 11 (3

Letter V

I. Plan

III. J.B. Remdies

Misdecision, whether in toto or pro[?] tanto - unnecessary delay, vexation and expence - ( vexation being understood so not to include misdecision to the prejudice of the Defendant's side) - these, together with failure of justice, which, where it happens through default of the System or the Judge, is equivalent to denial of justice (which itself is equivalent to misdecision to the prejudice of the Plaintiff's side) - these may be given as the several stages in which injustice in respect of judicature - say judicial injustice, primary or of the first order - may be liable to manifest itself -

Reversal, or modification - together with prevention or correction of unnecessary delay, vexation and expence, viz. by order for dispatch, (not to speak here of other less direct but more efficient means), as also order for taking cognizance - present themselves as the direct, and only direct, howsoever of themselves insufficient, remedies applicable by a super-intending authority, to the cure of judicial injustice of the first order, as above, in these its several shapes -