Elementary Law

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William Lawrence Clark
American Law Book Company, 1909 - 490 páginas

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Contenido

The United States Constitution
20
Relation of the State and Federal Governments
21
Sovereignty in the United States
22
Distribution of Powers in the United States
23
The State Governments
24
Local SelfGovernment
26
Citizenship and Naturalization
27
SOURCES OF THE MUNICIPAL LAW LAWS 27 Sources of the Law in General 28 The Unwritten Law in General 29 The Civil or Roman Law 30 ...
29
Customs Stare Decisis
32
Fictions Equity 34 The Common or Unwritten Law in the United States
34
Equity Courts of Equity and Their General Jurisdiction
35
Specific Character of Equity Jurisdiction
36
The Maxims of Equity
37
The Written Law in General
38
Relation of the Written to the Unwritten
39
The Constitution of the United States
40
Acts of Congress
44
Treaties 43 State Constitutions 44 Acts of State and Territorial Legislatures
53
Municipal Ordinances or ByLaws 46 Enactment of Statutes
54
Constitutionality of Statutes 48 Affirmative and Negative Statutes 49 Declaratory and Remedial Statutes
56
Public and Private Statutes 51 General and Local Statutes 52 Mandatory and Directory Statutes
57
Prospective and Retrospective Statutes
58
CHAPTER IV
59
Property in General CHAPTER VI
64
Historical Phases of Property
65
The Feudal System
66
CHAPTER V
67
Limitations on Ownership
68
Corporeal and Incorporeal Property
69
Real and Personal Property
70
Fixtures
71
Things not the Subject of Individual Ownership
72
In General
73
CHAPTER VII
87
PART II
95
CHAPTER VIII
97
CHAPTER IX
102
Particular Torts Continued 116 Conspiracy
116

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Página 196 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 337 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required, the novelty and difficulty of the questions involved and the skill requisite properly to...
Página 339 - Newspaper publications by a lawyer as to pending or anticipated litigation may interfere with a fair trial in the courts and otherwise prejudice the due administration of justice. Generally they are to be condemned. If the extreme circumstances of a particular case justify a statement to the public, it is unprofessional to make it anonymously. An ex parte reference to the facts should not go beyond quotation from the records and papers on file in the court ; but even in extreme cases it is better...
Página 317 - The judicial power shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority...
Página 22 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Página 170 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 338 - Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause. It is improper for a lawyer to assert in argument his personal...
Página 340 - A lawyer should not offer evidence which he knows the Court should reject, in order to get the same before the jury by argument for its admissibility, nor should he address to the Judge arguments upon any point not properly calling for determination by him. Neither should he introduce into an argument, addressed to the court, remarks or statements intended to influence the jury or bystanders.
Página 336 - With Opposite Party. A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel ; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.
Página 82 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.

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