Trimble, E. G.

English

University of Kentucky

Kentucky Law JournalVolume 52 | Issue 2 Article 191963Appellate Courts in the United States and Englandby Delmar KarlenE. G. TrimbleUniversity of KentuckyFollow this and additional works at: https://uknowledge.uky.edu/kljRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Book Review is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky LawJournal by an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationTrimble, E. G. (1963) "Appellate Courts in the United States and England by Delmar Karlen," Kentucky Law Journal: Vol. 52 : Iss. 2 ,Article 19.Available at: https://uknowledge.uky.edu/klj/vol52/iss2/19Book ReviewsAPPELLATE COUTS IN THE UNITED STATES AND ENGLAND. By DelmarKarlen. New York University Press, New York, 1963. 180 pp.This book is a composite report of a comparative study of theEnglish and American systems of handling appellate court cases. Thestudy was made by a distinguished group of American jurists, includ-ing Justice Brennan of the Supreme Court, and a corresponding groupof English jurists headed by Lord Evershed of the House of Lords.Each group spent considerable time in the other's country. The twocooperated fully and were assisted by other jurists of the two countries.The study involves consideration of the judicial structure of bothcountries, with emphasis on the appellate tribunals. Naturally, therewere found some similarities and some dissimilarities. Some of thesignificant differences found were that in England there are fewerappellate cases than in the United States, even in relation to the sizeof its population, fewer judges devoting full time to appellate work,a greater degree of flexibility in the use of judicial personnel, moreseparation between civil and criminal cases, and a significant differencein the methods of selecting judicial personnel. All of these factors, itseems, result in a greater economy in the use of judicial personnel.One important difference found will be elaborated upon here byway of example, although not all of the interesting comparisons in thebook can be presented in a review. In England barristers who areexperts in presenting appellate cases represent clients before the highercourts. They are trained in this branch of judicial work with the pur-pose of making this their profession. It is from this group of barristersthat the judges of England are taken, while in the United States nosuch distinction is made. The result is that any member of the Barin the United States may represent a client before the highest court.This difference also partially accounts for the fact that in Englandmuch time is consumed by the judges in open court listening to thebarristers, who are expected to explain the technical aspects of the lawand the facts of the case to the court. These oral discussions, ratherthan written briefs, form the basis for the court's decision. Cus-tomarily, but not always, the court gives its opinion extemporarily atthe end of the oral argument. This contrasts sharply with the Americanpractice, where comparatively little time is spent by the judgeslistening to oral argument and much time is spent in offices readingthe long detailed briefs of the attorneys. It is generally said that theBoox RvmwsEnglish judges spend much time in open court and relatively littletime in their chambers, while the reverse is true in America. Only inthe House of Lords and in the Privy Council is judgment ordinarilyreserved in England for a later written opinion.Many important passages of this book of course cannot be men-tioned in a review of this nature. Although the book is somewhattechnical, and may not be of great practical benefit to a lawyer whopractices in only one country or the other, it does deal with intriguingquestions. Consequently, lawyers and interested students of the lawwill profit greatly be reading carefully the issues discussed in orderto understand the difference in the important principles underlyingthe two appellate systems.Dr. E. G. Trimble*FIFrY YEARS IN T LAW BusnqEss. By Advocatus Diaboli. Philo-sophical Library, New York, 1963. 194 pp. $5.This book is rather a sarcastic approach to the practice of law andan opinion of justice as now rendered in our courts by a writer whohas failed to give his name. I quite agree with his decision not toidentify himself, because I do not think this book would endear himto members of the judicial system which he so freely criticises. I wouldnot recommend this book to law students or those about to undertakethe practice of law, because they might find it so discouraging thatthey would immediately change to some other profession or business.To one with some experience in the practice of law, there is sometruth in the book, but as is so often the case with highly critical works,there is no attempt to suggest a better method. The auhor also takesthe liberty of criticising other institutions and professions, of whichit is apparent he has little or no knowledge, and therefore I think hiscriticism is not justified and hardly worth reading.It is my personal opinion that this book could be compared to amental obstruction course, as the author insists upon jumping fromone period of history to another, such as that of John Glenn toChaucer or to Aristotle, and back again. His only intention in doingthis seems to be to make the reader aware of the fact that he isfamiliar with various names that he so lightly throws in.In short, I would say that reading this book is a mental exercisefrom which little value is received, and the time consumed in reading* Professor, Department of Political Science, University of Kentucky.

Appellate Courts in the United States and England by Delmar Karlen

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Appellate Courts in the United States and England by Delmar Karlen

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