A Manual of Elementary Law: Being a Summary of the Fundamental Principles of American LawBobbs-Merrill, 1915 - 515 halaman |
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Halaman 15
... practice the term written law is rarely used , it being spoken of as statutes or legislation and constitutions , as the case may be , while the unwritten law is more usually referred to as the common law . § 17. Kinds of written law in ...
... practice the term written law is rarely used , it being spoken of as statutes or legislation and constitutions , as the case may be , while the unwritten law is more usually referred to as the common law . § 17. Kinds of written law in ...
Halaman 25
... that meaning will be adopted . In construing a doubt- ful statute , the preamble and title may be consulted . Long - continued practice may affect the construction 1 of a statute , and the contemporaneous construction of § 28 ] 25 STATUTES.
... that meaning will be adopted . In construing a doubt- ful statute , the preamble and title may be consulted . Long - continued practice may affect the construction 1 of a statute , and the contemporaneous construction of § 28 ] 25 STATUTES.
Halaman 29
... practice is first followed , and if good and useful , is generally copied over and over again , the more so as habit and asso- ciation always render the imitation of an old and familiar practice easier than inventing a new and un- tried ...
... practice is first followed , and if good and useful , is generally copied over and over again , the more so as habit and asso- ciation always render the imitation of an old and familiar practice easier than inventing a new and un- tried ...
Halaman 30
... practice has be- come the law of the place , or of the subject - matter to which it relates . A particular custom is distin- guished from a general custom in this , that the latter is universal , while the former is particular to this ...
... practice has be- come the law of the place , or of the subject - matter to which it relates . A particular custom is distin- guished from a general custom in this , that the latter is universal , while the former is particular to this ...
Halaman 32
... practice . As Salmond says , it " was never much better than an admitted fiction . " The practice is to regard judicial precedents as rules of law merely because they are precedents and wholly regardless of whether they are grounded on ...
... practice . As Salmond says , it " was never much better than an admitted fiction . " The practice is to regard judicial precedents as rules of law merely because they are precedents and wholly regardless of whether they are grounded on ...
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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.