A Manual of Elementary Law: Being a Summary of the Fundamental Principles of American LawBobbs-Merrill, 1915 - 515 halaman |
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Halaman 16
... decisions . As a rule of civil conduct it is of binding obligation upon all until it is modified or overruled by statute law . The common law varies in different states . While based on the same legal system , it is administered and ...
... decisions . As a rule of civil conduct it is of binding obligation upon all until it is modified or overruled by statute law . The common law varies in different states . While based on the same legal system , it is administered and ...
Halaman 23
... decision which the courts recognize , that whenever the constitutionality of a statute is doubtful , it will be sustained . No statute by any fic- tion or relation shall have any effect before it be actu- ally passed . And a statute is ...
... decision which the courts recognize , that whenever the constitutionality of a statute is doubtful , it will be sustained . No statute by any fic- tion or relation shall have any effect before it be actu- ally passed . And a statute is ...
Halaman 27
... decision of the case . If the decision goes beyond these narrow limits , it is but mere dicta . The result is that precedent creates law by piecemeal , at different times and through different judges and , therefore , that such law is ...
... decision of the case . If the decision goes beyond these narrow limits , it is but mere dicta . The result is that precedent creates law by piecemeal , at different times and through different judges and , therefore , that such law is ...
Halaman 29
... distinct consciousness on the formation of every fresh family . The incessantly active vicissitudes of birth and death in every community call for an un- intermittent series of decisions upon the competing claims of survivors 29.
... distinct consciousness on the formation of every fresh family . The incessantly active vicissitudes of birth and death in every community call for an un- intermittent series of decisions upon the competing claims of survivors 29.
Halaman 30
... decisions may be made by a casually selected arbitrator , a village council , or any man or body of men agreed upon , or any person who may have authority to hear the matter . The grounds of decision may be personal mercy , expediency ...
... decisions may be made by a casually selected arbitrator , a village council , or any man or body of men agreed upon , or any person who may have authority to hear the matter . The grounds of decision may be personal mercy , expediency ...
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Edisi yang lain - Lihat semua
A Manual of Elementary Law: Being a Summary of the Fundamental Principles of ... WILLIAM P. FISHBACK Pratinjau tidak tersedia - 2017 |
A Manual of Elementary Law: Being a Summary of the Fundamental Principles of ... William P. Fishback Pratinjau tidak tersedia - 2016 |
Istilah dan frasa umum
Absolute privilege adverse possession agent agreement arrest authority bill bound breach cause CHAPTER charge child civil committed common law constitution contract contributory negligence corporation court court of equity crime criminal damages deed defendant discharge duty easement effect eminent domain enforced entitled equity evidence exercise existence fact false federal fee simple Frank-tenement fraud guardian guilty heirs held liable highway husband implied individual infant injury intent judge judgment judicial jurisdiction jury land law merchant legislation libel limited malice marriage matter ment nature necessary negligence Negotiable Instruments nuisance offense officer owner parent parties partners payment performance person plaintiff principles privilege proceedings punishment question real property reasonable recover redress relation remedy rule servant slander statement statute statute of frauds suit tenant testator thing tion tort trespass United unlawful unless villenage void warrant wife words writ wrong wrongdoer
Bagian yang populer
Halaman 360 - 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 416 - 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 360 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the 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.
Halaman 277 - ... 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 190 - ... 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 260 - A contract is an agreement, upon sufficient consideration, to do or not to do a particular thing.
Halaman 22 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.
Halaman 308 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Halaman 177 - Larceny is the wrongful taking and carrying away of the personal property of another with the felonious Intent to convert It to the taker's own use, and make It his own property, without the consent of the owner.
Halaman 247 - ... in action, entry, or re-entry can be granted over ; for, so, under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppressed, which the common law forbiddeth, — as men to grant before they be in possession.