Harvard Law Review, Volum 30Harvard Law Review Pub. Association, 1917 |
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Side 14
... judges . If allowance be made for these , it seems absolutely fair to say that , as nearly as arithmetical calculation in such a case can go , two thirds of the fundamental rules of the existing English Civil Law have been contributed ...
... judges . If allowance be made for these , it seems absolutely fair to say that , as nearly as arithmetical calculation in such a case can go , two thirds of the fundamental rules of the existing English Civil Law have been contributed ...
Side 15
... judges , at least the judges of the common law jurisdiction , 27 have for many generations stead- ily refused to admit that they make new law ; and that , when faced by the apparent contradiction of creative precedents , they have ...
... judges , at least the judges of the common law jurisdiction , 27 have for many generations stead- ily refused to admit that they make new law ; and that , when faced by the apparent contradiction of creative precedents , they have ...
Side 16
... judges . This is a natural assumption from the fact that the sep- arate jurisdiction of the Chancellor became prominent just at the time when the Register of Writs ( despite the well - known provision of the Statute of Westminster the ...
... judges . This is a natural assumption from the fact that the sep- arate jurisdiction of the Chancellor became prominent just at the time when the Register of Writs ( despite the well - known provision of the Statute of Westminster the ...
Side 17
... judge as an expounder of law , or which the judges themselves would repu- diate ? To the latter question , the frequent appeals of the common law judges to the conduct of the ' average reasonable citizen ' in fixing the standard of ...
... judge as an expounder of law , or which the judges themselves would repu- diate ? To the latter question , the frequent appeals of the common law judges to the conduct of the ' average reasonable citizen ' in fixing the standard of ...
Side 18
... judge , when confronted with a case for which there is no precedent , to formulate a decision which shall commend itself to the sense of jus- tice not merely of the litigants before him ( who may be considered to be prejudiced ) , but ...
... judge , when confronted with a case for which there is no precedent , to formulate a decision which shall commend itself to the sense of jus- tice not merely of the litigants before him ( who may be considered to be prejudiced ) , but ...
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Populære avsnitt
Side 635 - Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint...
Side 73 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Side 298 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Side 410 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Side 515 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Side 400 - ... such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act...
Side 765 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Side 222 - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...
Side 730 - A person is not excused from criminal liability as an idiot, imbecile, lunatic, or insane person, except upon proof that, at the time of committing the alleged criminal act, he was laboring under such a defect of reason as: 1. Not to know the nature and quality of the act he was doing; or, • 2. Not to know that the act was wrong.
Side 150 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; • 6.