A Manual of Elementary Law: Being a Summary of the Well-settled Elementary Principles of American Law

Sampul Depan
Bowen-Merrill Company, 1896 - 467 halaman

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CHAPTER V
28
Meaning of natural rights 42 Right to personal security 43 Right to life
29
Right of personal liberty
30
Habeas Corpus 46 Right to health 47 Right to reputation
31
4849 Right of property
32
CHAPTER VI
34
Origin of private ownership 52 Its importance
35
Kinds of property
36
CHAPTER VII
39
Lands acquired by treaty 57 Indian titles
40
Injustice to the Indians
41
Definitions
42
Lands bounded by streams
43
6162 Islands
44
SECTION 6364 Fixtures
45
6566 Boundaries 67 Land bounded by highways
47
Appurtenances
48
CHAPTER VIII
49
Right of common
50
Right of
51
Private rights of
53
Temporary right of way 76 Easement
54
Offices and dignities
55
Franchises 79 Rents 8081 Liens
56
CHAPTER IX
59
Allodial lands 84 Wardship and marriage
61
Local courts 86 Homage and fealty 87 Military service
62
Other obligations of tenant
63
Domesday book Escuage
64
Changes in feudal system 92 Abolition of the system
65
CHAPTER X
67
Frank tenement or villenage 99 Knightservice 100 Aids 101 Relief
68
Primer seizin 103 Wardship 104 Marriage 105 Fines 106 Escheat
69
CHAPTER XI
70
109110 Restoration of allodial tenure
71
Feesimple 113 Fee in abeyance 114 Use of word heirs
72
Estates for life
73
Rights of life tenant 117 Emblements
74
Taxes and interest 119 Waste 120 Estates for years
75
Rent
76
Duration of tenancy
77
Distress
78
Apportionment of rent 125 Estates at will 126 Estates at sufferance 127 Base
79
Conditional
80
Tenancy by the curtesy 132 Dower
82
Assignment of dower 134 Estates upon condition 135 Estates upon condition implied
83
Estates upon condition expressed 137 Conditions precedent or subsequent
84
Estates in remainder
85
Rule in Shelleys Case 140 Executory devises
87
Estates in reversion 142 Estates in severalty 143 Joint tenancy
88
Tenancy in common
89
CHAPTER XII
90
Adverse possession
91
Occupying claimant 149 Title by marriage 150151 Title by descent
92
Title by devise
93
153157 Wills
94
Middle lord and tenant paravail
96
Deeds by dispossessed owners 161 Form of deeds 162 Record of deeds 163 Parties to deeds
98
Guardians deeds 165 Deeds of partners 166 Deeds of corporations
99
Powers of attorney 168 Deeds by officers
100
170172 Title by eminent domain
101
Title by escheat 103 174 Title by forfeiture
103
CHAPTER XIII
104
DECEDENTS ESTATES SECTION PAGE 178 Testator and intestate
106
Executor
108
CHAPTER XV
109
Contract defined
110
Capacity of parties
111
Executory or executed contracts
112
Parol contracts
113
Time of contract
114
Contracts of record
115
CHAPTER XVI
116
Infants 197 Infants contracts for necessaries
117
Frauds of infants
118
Duress
119
Drunkenness
120
Married women 205 Corporations
121
206209 Contracts by agents
122
CHAPTER XVII
127
Existence of thing sold 212 Transfer of title 213 Delivery
129
Interpretation of contract
130
Bailment
131
Common carrier
133
Partnership
134
Formation of partnership utisip 219 Rights of partners
135
220222 Dissolution of partnership 223 Individual and partnership creditors 224 Rights after dissolution 225 Limited partnerships 226 Good will
136
CHAPTER XVIII
139
CONTRACTS OF INSURANCE SECTION PAGE 243 Definition
147
How interpreted
148
Payment of premium
149
Insurable interest
150
CHAPTER XX
151
Definition uWW阴阴協册邮册 252 Adequacy of consideration 253 Prior obligation as consideration
152
Release by creditors
153
Executed and executory considerations
154
CHAPTER XXI
156
Debt default and miscarriage 262 Promises of executors or administrators 264 Preexisting obligation
158
Agreements in consideration of marriage 9
159
Agreements not to be performed within a year SO 268 The note or memorandum
160
Signature to memorandum 270 Sale of goods wares and merchandise
162
CHAPTER XXIII
168
The remedies
174
TitleHow acquired
176
MALICIOUS PROSECUTION
182
CHAPTER XXVII
189
CHAPTER XXVIII
211
CHAPTER XXIX
225
Definitions
227
Origin of the law merchant
228
Foreign and inland bills
229
Agents
238
Capacity of parties
239
Consideration
240
Purchase for value without notice
241
Bills of lading
242
CHAPTER XXX
244
Nuisance defined
245
Coming to a nuisance
247
Intent or motive immaterial 388 Care or negligence in nuisance
248
What may be nuisances
249
Kinds of nuisance
251
Public nuisances 392 Private nuisances 393 Nuisances both public and private 394 Authorized nuisances
252
Obstruction of highways 396 What is a highway
253
Purprestures 398 What is an obstruction
254
401 Authorized obstructions
255
The special injury
256
Remedies
257
SECTION PAGE 405 Actionable negligence
259
Definition 409 The inadvertence
260
Inevitable accident
261
No degrees in negligence 413 Acts or omissions 414 Legally responsible person
262
Intoxication 203
263
The person to whom the duty is owing
264
The damage 421 Cause and effect
265
Legal connection
266
Injured persons own conduct 425 Injured persons unlawful act 426 Contributory negligence
268
Plaintiffs knowledge of danger
269
Persons of defective powers
270
Misleading conduct
271
Impated negligenceChildren
272
CHAPTER XXXII
274
The law in the United States
275
CHAPTER XXXIII
277
CHAPTER XXXIV
284
SECTION
287
MASTER AND SERVANT
288
CHAPTER XXXV
290
Lawful restraint with legal process
293
SECTION PAGE 470 Growth of the relation
295
Independent contractor
296
The contract between master and servant
297
Discharge by the master 477 Abandonment by the servant 08
298
Wrongs independent of contract
299
Liability of third persons to the servant
300
Intended and unintended wrongs 483 Servants liability for injury to others 484 Masters liability to the servant
301
Risks assumed ty servant 502
302
Servants liability to master
303
CHAPTER XXXVII
304
Statutory provisions 493 Patents
305
Copyrights 495 Rights independent of statutes
306
Private letters 497 Trademarks and trade names
307
CHAPTER XXXVIII
309
Possession
310
Conversion by persons rightfully in possession
311
Demand for possession
312
Legal process 507 Remedies
313
CHAPTER XXXIX
315
Unlawful detention
316
Injuries to land without dispossession
317
Remedies 516 Nuisance affecting land 517 Remedies 518 Trespass upon land
318
The boundary line
319
Lawful authority
320
Effect by statute of frauds
321
Legal process
322
Effect of exceeding the license
323
CHAPTER XL
324
Federal courts
325
The senate as a court
326
Exclusive jurisdiction of federal courts
327
Jurisdiction of the circuit courts of appeals
330
Jurisdiction of the district courts
332
Jurisdiction of the court of claims
334
Jurisdiction of the court of private land claims
335
State courts
336
CHAPTER XLI
338
Actions how commenced
339
How served and returned
340
Objections to jurisdiction
341
Issues of fact and issues of law 556 The jury
342
Trials 558 Evidence
344
Functions of court and jury 560 Presumptions and judicial notice
345
Attendance of witnesses
346
Hearsay evidence
347
Examination of witnesses
348
Burden of proof
349
Motions for new trial
350
Motions in arrest of judgment
351
Appeals and writs of error
352
SECTION
355
Admiralty procedure
361
Contempt
367
Certiorari
373
CHAPTER XLVI
383
Evidence of nuisance
404
Change of venue
410
IndictmentInformation
411
Pleas to indictment
412
Jury impaneling 685 Opening statements of counsel
413
Examination of witnesses
414
Special rules in criminal cases
415
Arguments of counsel
416
Conduct of juryVerdict
417
Bribery
422
Burial rights
423
144
424
Guardian ad litem
439
231
440
104
448
145
458
Rights of guardian and ward in each other
467
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Halaman 5 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Halaman 157 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Halaman 5 - Constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such ordinary act must govern the case to which they both apply.
Halaman 332 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Halaman 343 - evidence." in legal acceptation, includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.
Halaman 333 - The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Halaman 152 - ... circumstances and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee to the beneficiary, or a right of the beneficiary against the promisee which has been barred by the Statute of Limitations or by a discharge in bankruptcy; or which is unenforceable because of the Statute of Frauds; (c) an incidental beneficiary if neither the facts stated in Clause (a) nor those stated in Clause (b) exist.
Halaman 157 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Halaman 36 - ... holds possession of them, and no longer. Such (among others) are the elements of light, air and water; which a man may occupy by means of his windows, his gardens, his mills, and other conveniences...
Halaman 110 - A contract is an agreement, upon sufficient consideration, to do or not to do a particular thing.

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