A Manual of Elementary Law: Being a Summary of the Fundamental Principles of American LawBobbs-Merrill, 1915 - 515 halaman |
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Halaman 48
... defendant is in some way culpable . Professor Clark sums up the tendency as follows : " This culpability may be shown by proving that the defendant intended the act which damaged the plaintiff , or that he might have avoided damaging ...
... defendant is in some way culpable . Professor Clark sums up the tendency as follows : " This culpability may be shown by proving that the defendant intended the act which damaged the plaintiff , or that he might have avoided damaging ...
Halaman 52
... defendant had apparent present ability and intent to injure , he is liable , regardless of whether the plaintiff believed there was such ability and intent . And even though the defendant did not have actual present ability , or did not ...
... defendant had apparent present ability and intent to injure , he is liable , regardless of whether the plaintiff believed there was such ability and intent . And even though the defendant did not have actual present ability , or did not ...
Halaman 53
... defendant shall have been intentionally guilty of a wrong , and that plaintiff's person shall have been unlawfully touched . § 58. Consent of the one injured . - If the plaintiff consented to the defendant's act , the defendant is not ...
... defendant shall have been intentionally guilty of a wrong , and that plaintiff's person shall have been unlawfully touched . § 58. Consent of the one injured . - If the plaintiff consented to the defendant's act , the defendant is not ...
Halaman 66
... defendant , but when by statute costs were given to the prevailing party , the right to maintain an action for malicious prosecution of civil suits was limited to such as involved the arrest of the person , the seizure of his property ...
... defendant , but when by statute costs were given to the prevailing party , the right to maintain an action for malicious prosecution of civil suits was limited to such as involved the arrest of the person , the seizure of his property ...
Halaman 77
... defendant's real motive was to benefit the plaintiff , for example , where a newspaper publishes the fact that a defamatory charge has been made , and adds the comment that the publisher believes it to be false . Malice is said to be ...
... defendant's real motive was to benefit the plaintiff , for example , where a newspaper publishes the fact that a defamatory charge has been made , and adds the comment that the publisher believes it to be false . Malice is said to be ...
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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.