Readings on the History and System of the Common LawJacob North, 1904 - Всего страниц: 404 |
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Стр. 3
... king's peace ( b ) The king's writ ( c ) The king's courts ( d ) The custom of the realm ( e ) Precedents and case law ( f ) The jury ( g ) The supremacy of law 3 The development of equity 4 The Law Merchant 5 The Reform movement III ...
... king's peace ( b ) The king's writ ( c ) The king's courts ( d ) The custom of the realm ( e ) Precedents and case law ( f ) The jury ( g ) The supremacy of law 3 The development of equity 4 The Law Merchant 5 The Reform movement III ...
Стр. 5
... kings prevailed , England has nevertheless been constantly governed by the same customs , as it is at present : which if they were not above all exception good , no doubt but some or other of those kings , from a principle of jus- tice ...
... kings prevailed , England has nevertheless been constantly governed by the same customs , as it is at present : which if they were not above all exception good , no doubt but some or other of those kings , from a principle of jus- tice ...
Стр. 27
... king or his council , unless it be by legal indictment , or the process of the common law . By the petition of right , 3 ... king's majesty in person , or by warrant of the council board , or of any of the privy council , he shall , upon ...
... king or his council , unless it be by legal indictment , or the process of the common law . By the petition of right , 3 ... king's majesty in person , or by warrant of the council board , or of any of the privy council , he shall , upon ...
Стр. 28
... king's bench or common pleas , who shall determine whether the cause of his commitment be just , and thereupon do as ... king , indeed , by his royal prerogative , may is- sue out his writ ne exeat regno , and prohibit any of his ...
... king's bench or common pleas , who shall determine whether the cause of his commitment be just , and thereupon do as ... king , indeed , by his royal prerogative , may is- sue out his writ ne exeat regno , and prohibit any of his ...
Стр. 29
... king may command the attendance and service of all his liegemen , yet he cannot send any man out of the realm , even upon the ... king's hands , against the great charter , and the law of the land ; and that no man shall be disinherited ...
... king may command the attendance and service of all his liegemen , yet he cannot send any man out of the realm , even upon the ... king's hands , against the great charter , and the law of the land ; and that no man shall be disinherited ...
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act of parliament action adjudged answer appear application Assise assumpsit authority bill BLACKSTONE called cause Chancellor Chief Justice Circuit Court claim Coke command COMMENTARIES common law common pleas constitution contract counsel court of chancery court of equity crown Curia Regis custom damages debt decision declaration decree defendant demand determined detinue doctrine duty enacted England English English law entitled established evidence exchequer execution exercise existence fact grant habeas corpus hath injury issue judges judgment judicial jurisdiction jury king king's bench land law of England legislature let bot Lord Lord Coke matter ment nature oath opinion party person plaintiff plaintiff in error pleadings possession principle proceedings question realm reason record recover reign remedy replevin rule sheriff shillings statute sued suit Supreme Court term thing tion trespass trial tribunal United unless usage verdict witnesses writ of error wrong
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Стр. 214 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Стр. 35 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Стр. 111 - No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed ; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Стр. 206 - That all men have a natural and indefeasible right to worship Almighty God according to -the dictates of their own consciences ; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishments or modes of worship.
Стр. 6 - That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Стр. 13 - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism. It is true it is a despotism of the many, of the majority, if you choose to call it so, but it is none the less a despotism.
Стр. 298 - We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause...
Стр. 6 - Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties...
Стр. 207 - Thou shalt not covet ; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbor as thyself. Love worketh no ill to his neighbor : therefore love is the fulfilling of the law.
Стр. 301 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...