The Study of Cases: A Course of Instruction in Reading and Stating Reported Cases, Composing Head-notes and Briefs, Criticising and Comparing Authorities, and Compiling DigestsLittle, Brown,and Company, 1922 - 333 σελίδες |
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The Study of Cases: A Course of Instruction in Reading and Stating Reported ... Eugene Wambaugh Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
Συχνά εμφανιζόμενοι όροι και φράσεις
Act of Parliament action adjudication appears applied argument arise bonds carrier Chief Justice circumstances cited common law considered Constitution construction contract corporation counsel County Court of Iowa courts of last debts decided decision declared defendant determination dicta dictum digests dissenting distrained doctrine Dubuque Dubuque County duty error facts follow give given ground head-note held highway House of Lords imperative authority involved judges judgment judicial jurisdiction jury last resort law of England Law Reports lawyers legislative Legislature liable litigation London Life Assurance Lord Lord Eldon Lord Mansfield matter necessary negligence Nisi Prius obiter obiter dicta opinion overruled parties person persuasive authority plaintiff precedent precisely preface present principle proposition of law purpose question railroad reason result settled stare decisis statement statute Steinman Supreme Court taken testator text-books tion trover unwritten law usually volume weight words
Δημοφιλή αποσπάσματα
Σελίδα 196 - The law charges this person thus intrusted to carry goods against all events but acts of God and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable.
Σελίδα 178 - That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover.
Σελίδα 86 - not the product of the wisdom of some one man, or society of men, in any one age ; but of the wisdom, counsel, experience, and observation, of many ages of wise and observing men.
Σελίδα 163 - State and the city and were issued for the benefit of the public and not for the benefit of the...
Σελίδα 79 - It is the judges (as we have seen) that make the common law. Do you know how they make it? Just as a man makes laws for his dog. When your dog does anything you want to break him of, you wait till he does it, and then beat him for it. This is the way you make laws for your dog: and this is the way the judges make law for you and me.
Σελίδα 91 - Nihil quod est contra rationem est licitum; for reason is the life of the law, nay the common law itself is nothing else but reason...
Σελίδα 309 - The sound and true rule is, that if the contract, when made, was valid by the laws of the state as then expounded by all departments of the government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent action of legislation or decision of its courts, altering the construction of the law.
Σελίδα 201 - But there is a further degree of responsiblity by the custom of the realm, that is, by the common law ; a carrier is in the nature of an insurer. It is laid down that he is liable for every accident, except by the act of God, or the King's enemies.
Σελίδα 222 - The relation of master and servant as commonly exemplified in actions brought against the master is not sufficient ; and the general proposition that a person 'shall be answerable for any injury which arises in carrying into execution that which he has employed another to do seems to be too large.
Σελίδα 199 - THE law chargeth no man with default where the act is compulsory and not voluntary, and where there is not a consent and election : and therefore, if either there be an impossibility for a man to do otherwise, or so great a perturbation of the judgment and reason as in presumption of law man's nature cannot overcome, such necessity carrieth a privilege in itself.