Elementary Law

Pirmais vāks
Little, Brown, 1882 - 379 lappuses

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Saturs

Of the Object of
15
Of Rights and Wrongs
16
Of Natural Persons
17
Of Artificial Persons Corporations
18
Of Aggregate and Sole Corporations
19
Of Public and Private Corporations
20
Of the Methods by which the Law Protects Personal Lib erty
21
CHAPTER III
22
Of Corporeal Property 40 Of Incorporeal Property
23
Of Real Property
24
Of Personal Property
25
Of Corporeal Real Property Land 45 Of Incorporeal Real Property Incorporeal Hereditaments
26
Of Advowsons 47 Of Tithes
27
Of Commons 49 Of Ways 50 Of Offices 51 Of Dignities
28
Of Franchises 53 Of Corodies and Pensions
29
Of Annuities 55 Of Rents 56 Of Incorporeal Hereditaments in the United States 57 Of Easements of Support Water Light Air PartyWalls Wharves
30
Of Corporeal Personal Property 59 Of Incorporeal Personal Property
31
Of Estates 61 Of the Ownership and Transfer of Estates
32
Of Real and Personal Estates 63 Of Legal and Equitable Estates
33
CHAPTER IV
35
Of Ancient Manors 67 Of Feudal Services
36
Of Feudal Estates for Life 69 Of Estates of Freehold and Less than Freehold
37
Of the Seisin of Freehold Estates 71 Of the Seisin during the Existence of Estates Less than Freehold Disseisin
38
Of the Seisin of Concurrent Freehold Estates
39
Of Legal Presumptions as to Seisin and Freehold 74 Of Seisin in Fact and Seisin in
40
Of Freeholds in Futuro
41
Of Uses
42
Of the Statute of Uses 79 Of Trusts
43
Of the Effect of the Statute of Uses on Livery of Seisin
44
Of the Effect of the Statute of Uses on Freeholds in Futuro 82 OfLivery and Grant
45
Of the Possession of Estates Less than Freehold 84 Of Entry
46
CHAPTER V
48
Of Estates in FeeTail 88 Of Estates for Life
49
Of the Creation of Estates for Life 90 Of Estates Tail after Possibility of Issue Extinct
50
Of Estates by Curtesy
51
Of Estates in Dower 93 Of the Incidents of Estates for Life
52
CHAPTER VI
54
Of Estates at Will
55
Of Estates from Year to Year
56
Of Estates by Sufferance
57
CHAPTER VII
58
Of Absolute and Conditional Estates 101 Of Express and Implied Conditions 102 Of Precedent and Subsequent Conditions
59
Of Conditional Limitations
60
Of the Transfer of Conditional Estates
61
CHAPTER VIII
62
Of the Distinctions between Reversions Remainders and Executory Interests
63
Of Estates in Reversion 109 Of Vested Remainders
64
Of Contingent Remainders
65
Of the Alienation of Remainders 112 Of Executory Interests Rule against Perpetuities
66
CHAPTER IX
68
CHAPTER X
73
Of the Whole Blood and Half Blood 126 Of the Rules of Descent
74
Of Title by Purchase 128 Of Title by Escheat
75
Of Title by Accretion Alluvion Avulsion
76
Of Title by Abandonment 131 Of Title by Forfeiture 132 Of Title by Prescription
77
Of Title by Possession
78
Of Title by Marriage 135 Of Title by Execution
80
Of Title by Judicial Decree
81
Of Title by Eminent Domain 138 Of Title by Grant and Devise 139 Of Title by Public Grant
82
Of Title by Private Grant Deeds
83
Of Indentures and DeedsPoll 142 Of Original and Derivative Deeds
84
Of Deeds in the United States
85
Of the Parts of a Deed 145 Of the Construction of Deeds
86
Of the Execution of Deeds 147 Of the Delivery of Deeds 148 Of a Will of Lands
87
Of the Revocation of Wills
88
Of the Construction of Wills 151 Of Devisable Estates
89
CHAPTER XI
90
154 Of Estates in Chattels Personal 155 Of Qualified Estates in Chattels Personal
91
Of the Tenure Time and Tenancy of Estates in Chattels Personal
92
CHAPTER XII
93
Of Title by Forfeiture 159 Of Title by Succession
94
Of Title by Marriage 161 Of Title by Judicial Decree
95
Of Title by Occupancy
96
Of Title by Accession and Confusion 164 Of Title by Creation
97
Of Title by Gift
98
Of Title by Testament
99
Of the Requisites of a Testament 168 Of Title by Contract
100
Of the Parties to a Contract 170 Of the Consideration of Contracts
101
Of the SubjectMatter of Contracts 172 Of the Meeting of the Minds 173 Of Oral and Written Contracts Statute of Frauds
102
Of Express and Implied Contracts 175 Of Executed and Executory Contracts
103
Of the Validity and Construction of Contracts 177 Of Contracts of Sale
104
Of Contracts of Bailment 179 Of Contracts of Agency
105
Of Contracts of Partnership 181 Of Contracts of Insurance
106
Of Contracts of Indorsement Bills and Notes
107
Of Contracts of Guaranty and Suretyship 184 Of Collateral Contracts Debt Warranty
108
Of Estates in Severalty
114
Of Estates in JointTenancy The Four Unities
115
Of Estates in JointTenancy Survivorship
116
Of the Incidents of Estates in JointTenancy
117
Of the Alienation of Estates in JointTenancy
118
Of the Destruction of Estates in JointTenancy
119
Of Estates in Common
120
Of the Creation of Estates in Common Coparcenary
121
Of the Incidents and Destruction of Estates in Common
122
Of Menials 207 Of Agents
123
Of Factors and Brokers 209 Of Auctioneers 210 Of Attorneys in Fact
124
Of Attorneys at
125
BOOK II
127
CHAPTER I
128
Of Nuisances to Health 216 Of Libel
129
Of Slander
130
Of Malicious Prosecution
131
Of False Imprisonment
132
CHAPTER II
133
Of Abatement Intrusion Discontinuance and Deforce
134
Of Trespass Quare Clausum
135
Of Nuisances to Property 224 Of Waste
136
ment
137
Of the Asportation and Detention of Choses in Posses sion
138
Of Injuries to Choses in Possession 228 Of Breaches of Contract
139
Of Fraud
140
Of Conspiracy
141
CHAPTER III
142
Of Wrongs Committed by Third Persons against the Parties to a Relation 233 Of the Abduction of a Wife
143
Of Criminal Conversation 235 Of the Battery of a Wife
144
Of the Abduction of a Child 237 Of the Abduction of a Ward 238 Of Retainer
145
Of the Battery of a Servant 240 Of Seduction
146
Of Wrongs against Persons in Loco Parentis
147
CHAPTER IV
148
Of Distress
151
Of Accord and Satisfaction 250 Of Arbitration
152
Of Chattels Personal Choses in Possession and in
153
Of Actions at Law 254 Of Real Actions 255 Of Mixed Actions Ejectment
154
Of Personal Actions
155
tion
156
Of Trespass on the Case 259 Of Trover
157
Of Replevin 261 Of Detinue
158
Of Assumpsit Implied Contracts
159
Of Debt
160
Of Covenant 265 Of Account 266 Of Scire Facias
161
Of Foreign Attachment 268 Of Mandamus 269 Of Prohibition
162
Of Quo Warranto 271 Of Habeas Corpus
163
CHAPTER V
164
Of Causes and Parties
165
Of Plaintiffs in Actions Ex Contractu 276 Of Plaintiffs in Actions Ex Delicto
166
Of Defendants in Actions Ex Contractu
167
Of Defendants in Actions Ex Delicto 279 Of the Nature Kinds and Service of Process
168
Of the Return of Process Appearance
170
Of Pleadings
171
Of Demurrer Traverse Confession and Avoidance 284 Of the Jurisdiction of Courts
173
Of Hearsay Evidence
183
Of the Examination of Witnesses
184
Of the Burden of Proof
185
Of Presumptions
186
Of the Charge of the Judge 305 Of the Deliberations of the Jury
187
Of the Verdict 307 Of New Trials
188
Of Arrest of Judgment
189
Of Judgments
190
Of Audita Querela
191
Of Writs of Error
192
Of the Nature Kinds and Service of Executions
193
CHAPTER VI
195
Of Injunctions against Fraud
196
Of Injunctions against Irreparable Injury to Property 317 Of Injunctions against Injuries to Health and Comfort
197
Of Injunctions against Injuries to Relative Rights 319 Of the Specific Performance of Contracts
198
Of the Rescission of Contracts
199
Of the Correction of Mistakes 322 Of the Interpretation of Contracts
200
Of Relief against Fraud
201
Of Account Equitable Assignment and Interpleader
202
Of the Redemption and Foreclosure of Mortgages 326 Of the Separate Maintenance and Separate Property of Married Women
203
Of Receivers 328 Of Trusts
204
Of the Perpetuation of Testimony 330 Of Discovery
205
Of Enforcing or Setting Aside Awards 332 Of Enforcing Judgments at
206
Of General Equitable Relief
207
Of Bills CHAPTER VII
208
Of Process 336 Of Appearance 337 Of Demurrers
209
Of Pleas 339 Of Answers
210
Of Replication Amendments 341 Of Trial and Evidence
211
Of Decrees 343 Of Bills of Review
212
BOOK III
213
OF THE NATURE AND FUNCTIONS OF A STATE 345 Of the State 346 Of the Formation of the United States
214
Of the Dissolution of the State
215
Of the Supreme Power of the People
216
Of the Functions of the State Government 350 Of the Government of the United States
217
Of the Legislative Function 352 Of the Executive Function
218
Of Subordinate Executive Officers 354 Of the Judicial Function The Supreme Court
219
Of the Circuit Courts
220
Of the District Courts 357 Of the Courts of the Individual States 358 Of the Exercise of Judicial Functions
221
Of Officers De Jure and De Facto
222
CHAPTER II
223
Of NativeBorn Citizens
224
Of Naturalized Citizens 364 Of Naturalization
225
Of Aliens 366 Of Citizens of the Individual States
226
CHAPTER III
228
Of Obedience to the State 370 Of Military Service
229
Of Eminent Domain 372 Of Taxes
230
CHAPTER IV
232
Of Protection against Wrongs from the State 376 Of Protection against Wrongs from Foreign States
233
Of the Redress of Wrongs Committed by CoSubjects
234
Of the Redress of Wrongs Committed by the State 379 Of the Redress of Wrongs Committed by Foreign States
235
Of the Duties of the State toward Citizens and Aliens
236
Of the Duties of the United States toward their Subjects
237
BOOK IV
239
Of the Definitions of Crime
240
Of the Nature of Legal Remedies
242
Of Cases where the Law Refuses to Apply its Remedies
243
Of SelfDefence
244
Of Recaption
245
Of Accident as Affecting Intent 392 Of Necessity as Affecting Intent
246
Of Compulsion as Affecting Intent
247
OF THE DEGREES OF CRIME 394 Of Treason 395 Of Felony
248
Of Common Law and Statute Felonies
249
Of Misdemeanors
250
CHAPTER III
251
Of Treason against the United States
252
Of Treason against the United States Public Enemy
253
Of Treason against an Individual State 403 Of the Necessity of an Overt
254
Of Alienage as Affecting Treason 405 Of Misprision of Treason
255
CHAPTER IV
257
Of Murder The Act of Killing
258
Of Murder Justifiable and Excusable Killing
259
Of Murder Malice Express or Implied Degrees
260
Of the Presumption of Malice from the Unlawful Killing 412 Of Manslaughter
262
Of Voluntary Manslaughter 414 Of Killing in Actual Combat
263
Of Involuntary Manslaughter 416 Of Rape The Carnal Knowledge
264
Of Rape 418 Of Rape 419 Of Rape The Unlawful Carnal Knowledge The Want of Consent Force
265
The Evidence of the Complainant
266
OF FELONIES AGAINST THE PROPERTY OF INDIVIDUALS 420 Of Arson 421 Of Arson
267
Of Arson
268
Of Arson 424 Of Burglary 425 Of Burglary 426 Of Burglary 427 Of Burglary 428 Of Burglary 429 Of Burglary 430 Of Larceny 431 Of Larceny 4...
269
The Taking and Carrying Away The Property
274
The Ownership of the Property
276
The Felonious Intent
277
The Element of Larceny The Person or Presence of the Owner
279
Of Robbery The Violence or Putting in Fear
280
CHAPTER VI
282
Of Perjury
283
Of Bribery 441 Of Escape PrisonBreach Rescue
284
Of Receiving Stolen Goods
285
Of Compounding Crime 444 Of Falsifying Records
286
Of Obstructing Process 446 Of Barratry 447 Of Maintenance
287
Of Champerty
288
Of Conspiracy 450 Of Embracery
289
Of Official Negligence 452 Of Oppression
290
Of Extortion
291
Of Misprision of Felony 455 Of Riot Rout Unlawful Assembly
292
Of Carrying Arms
293
Of Challenging Duelling 458 Of Affray
294
Of Entry
295
Of Libel 462 Of Cheating Embezzlement False Pretences
296
Of Nuisances to Health
297
Of Bigamy 465 Of Blasphemy Profanity
298
Of Public Nuisances
299
Of Assault Battery Mayhem 468 Of False Imprisonment Kidnapping
300
Of Forgery
301
Of Malicious Mischief 471 Of Piracy
302
Of Attempts
303
Of Solicitations
304
CHAPTER VII
305
Of Principals in the First Degree 476 Of Principals in the Second Degree
306
Of Accessories before the Fact 478 Of Accessories after the Fact
307
CHAPTER VIII
309
Of Arrest without Warrant
310
Of Arrest by Hue and Cry 483 Of the Act of Arrest
311
Of Arrest on Requisition Extradition
312
Of the Return of the Warrant and Proceedings Thereon 486 Of Commitment
313
Of Bail BailPiece
314
Of Informations 489 Of Indictments GrandJury
315
Of Presentments
316
Of the Requisites of an Indictment 492 Of the Description of the Accused
317
Of the Description of the Venue 494 Of the Description of the Date of the Criminal
318
Of the Description of the Person or Property Injured 496 Of the Description of the Criminal Act Words
319
Of the Joinder of Counts Uncertainty Technical Duplicity Repugnancy 498 Of the Joinder of Offenders and Offences
321
Of Process 500 Of Arraignment
322
Of Counsel Standing Mute Guardian ad Litem Motion to Quash
323
Of the Plea of Guilty 503 Of Pleas to the Jurisdiction
324
Of Pleas in Abatement 505 Of Demurrers
325
Of the Plea of Former Conviction
326
Of the Plea of Former Acquittal 508 Of the Plea of Pardon
327
Of the Plea of Not Guilty 510 Of Trial PetitJury Challenges
328
Of Evidence in Criminal Causes
329
Of the Arguments of Counsel 513 Of the Charge of the Judge
330
Of the Deliberations of the Jury The Verdict
331
Of Motion for a New Trial 516 Of Motion in Arrest of Judgment
332
Of Judgment
333
Of Writ of Error
334
Of Abatement
338
Of Equity 22 Of Maritime
349
NOTE
367

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Populāri fragmenti

238. lappuse - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
251. lappuse - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
65. lappuse - The present capacity of taking effect in possession — if the possession were to become vacant — distinguishes a vested from a contingent remainder, and not the certainty that the possession will ever become vacant while the remainder continues.
2. lappuse - Unwritten law (known also as customary law, or common law) is that rule of civil conduct, which originated in the common wisdom and experience of society, in time became an established custom, and has finally received judicial sanction and affirmance in the decision of the courts of last resort.
287. lappuse - Conspiracy is an agreement between two or more persons to do an unlawful act or to do a lawful act by unlawful means.
82. lappuse - To such a declaration no one can reasonably object, and if carried out with the observance of the rules which govern in other cases where private property is taken for public use, no legal obstacle can be raised to its enforcement. The right to take private property for public use is inherent in all governments. It requires no constitutional declaration for its recognition; it appertains to sovereignty. The conditions upon which it shall be exercised are the only matters requiring constitutional...
73. lappuse - Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather, and great-grandfather, and so upwards in the direct ascending line ; or between a man, his son, grandson, great grandson, and so downwards in the direct descending line.

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