HKB
1 passages · search this phrase →
Often appears with: writ of error · trial by jury · justice as a virtue · courts, trials, and pleading · civil law vs common law procedure · appellate review of facts
Usually: argument (1) · detachment (1)
“But it does not follow that the re-examination of a fact once ascertained by a jury, will be permitted in the Supreme Court.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · observation
Hamilton argues that Supreme Court appellate review of law and fact need not abolish jury trials, since courts can review facts on the record (e.g., via writs of error) without retrying juries in the new forum.
would appertain to the inferior tribunals; and the Supreme Court would have nothing more than an appellate jurisdiction, “with such EXCEPTIONS and under such REGULATIONS as the Congress shall make.” The propriety of this appellate jurisdiction has been scarcely called in question in regard to matters of law; but the clamors have been loud against it as applied to matters of fact. Some well-intentioned men in this St…