A Manual of Elementary Law: Being a Summary of the Fundamental Principles of American LawBobbs-Merrill, 1915 - 515 σελίδες |
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Σελίδα 25
... considered as having one object in view , and as act- ing on one system . So , whenever it is clear that a power is given by the statute , the court will construe it as implying the right to make it effective . It is a rule in some ...
... considered as having one object in view , and as act- ing on one system . So , whenever it is clear that a power is given by the statute , the court will construe it as implying the right to make it effective . It is a rule in some ...
Σελίδα 26
... considered . ' " If the legislature has not spoken plainly in such cases , it is contended that there is no law . It is better thus than to allow judicial legislation concerning the lives and liberties of the subject . The disorders ...
... considered . ' " If the legislature has not spoken plainly in such cases , it is contended that there is no law . It is better thus than to allow judicial legislation concerning the lives and liberties of the subject . The disorders ...
Σελίδα 31
... considered compulsory by those to whom they apply ; ( g ) are consistent with statute law and the established rules of the common law . Such customs as possess the foregoing requisites , being legal sources of the law , like statutes ...
... considered compulsory by those to whom they apply ; ( g ) are consistent with statute law and the established rules of the common law . Such customs as possess the foregoing requisites , being legal sources of the law , like statutes ...
Σελίδα 35
... considered . The first must inquire as to what principles are necessary to the proper administration of justice . The second ques- tion involves the determination of whether legal rules on the one hand or the ideals of right , natural ...
... considered . The first must inquire as to what principles are necessary to the proper administration of justice . The second ques- tion involves the determination of whether legal rules on the one hand or the ideals of right , natural ...
Σελίδα 55
... considered in assessing the damages . Where the offense is done with malice , or with deliberate intent to injure , exemplary or punitive damages may be recovered , unless the act is also punishable criminally , in which case such ...
... considered in assessing the damages . Where the offense is done with malice , or with deliberate intent to injure , exemplary or punitive damages may be recovered , unless the act is also punishable criminally , in which case such ...
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Άλλες εκδόσεις - Προβολή όλων
A Manual of Elementary Law: Being a Summary of the Fundamental Principles of ... WILLIAM P. FISHBACK Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
A Manual of Elementary Law: Being a Summary of the Fundamental Principles of ... William P. Fishback Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016 |
Συχνά εμφανιζόμενοι όροι και φράσεις
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
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 260 - A contract is an agreement, upon sufficient consideration, to do or not to do a particular thing.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.