The First Book of the Law: Explaining the Nature, Sources, Books, and Practical Applications of Legal Science, and Methods of Study and Practice

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Little, Brown,, 1868 - Law - 466 pages
 

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Contents

I
1
II
5
III
9
IV
22
V
25
VI
30
VII
47
VIII
54
XIV
159
XV
163
XVI
168
XVII
173
XVIII
180
XIX
218
XX
239
XXII
243

IX
61
X
106
XI
113
XII
117
XIII
126
XXIII
269
XXIV
281
XXV
321
XXVI
351

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Page 42 - California passed an act providing that "the common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the courts of this state.
Page 25 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 92 - Government. The Congress, the Executive, and the court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
Page 41 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Page 54 - Reason is the life of the law, nay, the common law itself is nothing else but reason...
Page 42 - The common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of...
Page 26 - AW, in its most general and comprehensive sense, signifies , a rule of action ; and is applied indiscriminately to all kinds of action, whether 'animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations.
Page 296 - Thus, where the issue is upon the life or death of a person, once shown to have been living, the burden of proof lies upon the party who asserts the death. But after the lapse of seven years, without intelligence concerning the person, the presumption of life ceases, and the burden of proof is devolved on the other party.
Page 70 - And it appears in our books, that in many cases the common law will controul Acts of Parliament, and sometimes adjudge them to be utterly void...
Page 33 - The Common Law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.

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