The case turned upon a question which was debated for centuries before it was settled, whether debt would lie for a sum of money promised by the defendant to the plaintiff if he would marry the defendant's daughter. But whereas formerly the debate had been whether the promise was not so far incident to the marriage that it belonged exclusively to the jurisdiction of the spiritual courts, it now touched the purely mundane doubt whether the defendant had had quid pro quo.英文原著 · 《The Common Law》
I hate suing opinions: it is like firing bullets at snipes in a wind. Try again."
Alfred groaned. "Why there is nobody left but the rogue who signed the order."
"And if you were a lawyer, that alone would tell you he is the defendant. Where a legal wrong has been committed by A. and C., and there is no remedy against A. or B., there must either be one against C., or none at all: but this Law abhors as Nature does a vacuum. Besides, this defendant has _done_ the wrong complained of. In his person you sue an act, not an opinion.英文原著 · 《Hard Cash》
Then as to malice. The conduct of the defendant consists in instituting proceedings on a charge which is in fact false, and which has not prevailed. That is the root of the whole matter. If the charge was true, or if the plaintiff has been convicted, even though he may be able now to prove that he was wrongly convicted, the defendant is safe, however great his malice, and however little ground he had for his charge.英文原著 · 《The Common Law》
But in some cases the defendant's conduct may not have been morally wrong, and yet he may have chosen to inflict the harm, as where he has acted in fear of his life. In such cases he will be liable, or not, according as the law makes moral blameworthiness, within the limits explained above, the ground of liability, or deems it sufficient if the defendant has had reasonable warning of danger before acting. This distinction, however, is generally unimportant, and the known tendency of the act under the known circumstances to do harm may be accepted as the general test of conduct.英文原著 · 《The Common Law》
The plaintiff was driven to reply a tender before the theft, which would have put an end to the pledge, and left the defendant a general bailee. /5/ Issue was taken thereon, which confirms the other cases, by implying that in that event the defendant would be liable.英文原著 · 《The Common Law》
[189] Returning now to the succession of the cases, Rich v. Kneeland is the next in order (11 Jac. I., A.D. 1613). It was an action on the case (tort), against a common hoyman. In Croke's report nothing is said of custom; but the declaration avers that the defendant was a common bargeman, that the plaintiff delivered him a portmanteau, &c. to carry, and paid him for it, and that the defendant tam negligenter custodivit, that it was taken from him by persons unknown,--like the second count in Morse v. Slue, below.英文原著 · 《The Common Law》
"As a result of one or more acts by defendant L. Donner and defendant F. Gallagher, plaintiff R. Latham has been injured, damaged, and incapacitated." Who the fuck is R. Latham?美剧 · 《Shameless》
Placing defendants in general population was a tactic used by the state's attorney's office to soften up defendants for a plea bargain.美剧 · 《The Good Wife》