American Law and Procedure, 3권

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James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910
 

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Restraints by the Constitution of the United States
11
CHAPTER II
13
Must be criminal at the time
15
Must be criminal act done
16
Act may be mere criminal omission
17
Must be duty neglected
18
Negligent action distinguished from lack of discretion
19
Liability for remote and indirect consequences
20
What wrongs are public sufficiently to be criminal
22
Criminal prosecution distinguished from police administra tion
23
How defences may differ from those to actions for private wrongs
24
Negligence of victim
25
Entrapping criminals
26
Consent as a defence
27
Classes of crime
28
Merger of civil remedy in the crime
29
CHAPTER III
33
SECTION 1
37
Motive distinguished Intent to do wrong
39
SECTION 2
41
Direct general intent
43
Malum prohibitum or tort intended
45
Mere recklessness and negligent omission of duty
46
Proof of intention
47
36 Acts criminal by statute when done unintentionally
49
Specific intent
50
Constructive specfic intent
51
SECTION 3
52
Liability of married women
53
Crime at command of superior
54
Selfpreservation from peril
55
Inability to perform legal duty
58
Mistake as to the facts as a defence
59
Mistake as to the law as a defence
60
Infancy as a defence
61
Intoxication as a defence
62
The right and wrong test
63
Irresistible impulse
64
Incipient Acts 53 Evolution of the act
67
Conspiracy
68
Attempt
70
SECTION 2
71
Obedience to official orders as justification
72
Exercise of official authority as an excuse
73
Selfdefence
74
Defence of house
75
Defence of property
76
CHAPTER V
79
Principals in the first degree
80
Principals in the second degree
81
Accessory before the fact
82
Liable for what acts of others
83
CHAPTER VI
85
Injury inflicted in one place and victim dies in another
86
SPECIFIC CRIMES
88
Defined
94
Accidental murder in an attempted felony
100
Illustrations
101
Voluntary manslaughter What is provocation
104
100 Same continued 106
106
101 Same continued
108
102 What is cooling time
111
103 Involuntary manslaughter
113
Illustration
114
105 The evidence and proof in homicide cases
115
106 Same continued
116
107 Same continued
122
108 Same continued
127
CHAPTER VIII
130
111 Entering
132
112 Dwellinghouse
133
113 Of another
134
115 The felonious intent
135
117 What is a burning
136
CHAPTER IX
138
122 Wrongful taking by servant
139
Deposit by servant for him
140
124 Trespass in making exchange
141
125 Wrongful conversion of property delivered by mistake
143
126 Wrongful conversion by finder of lost property
146
127 Trespass by bailee in breaking packages
148
128 Fraudulent acquiring amounting to a trespass
150
129 What is obtaining with consent
152
130 What carrying away is sufficient
153
131 What goods are anothers
154
132 What is a sufficient taking
155
133 Property taken must be personal estate
156
134 In what things one may have property so that taking is larceny
157
135 The intent at the time
158
136 What is intent to deprive owner of his property
160
137 Intent to deprive the owner permanently
163
138 What is conversion to takers own use
164
SECTION 2
166
141 The force and fear
167
142 Robbery from the presence
168
SECTION 3
169
SECTION 4
170
SECTION 5
171
SECTION 6
173
SECTION 7
175
149 The writing altered
176
What is uttering a forgery
177
SECTION 9
178
154 Pretense must procure and be false
179
155 What is a pretense
180
156 What is obtaining
182
SECTION 10
183
CHAPTER X
185
161 Forcible entry and detainer
186
164 Libel
187
165 Morals in general
188
167 Adultery
189
168 Miscegenation
190
170 Sodomy
191
172 Fornication
192
174 Nuisance
193
CHAPTER XI
195
177 Compounding a felony
196
179 Embracery
197
181 Perjury
198
Contempt
200
183 Treason
202
CRIMINAL PROCEDURE 1 Introduction
205
CHAPTER I
208
Arrest without written warrants
209
Misdemeanors not committed by single acts
213
Raids
214
Subsequent complaint after arrest without warrant
215
Description of person to be arrested
216
Requisites of information
228
Definition and requisites
229
SECTION 4
230
CHAPTER III
231
Search warrants
233
Peace warrants
234
Extradition
235
Applies to all crime
236
Who is a fugitive from justice
237
For what the extradited criminal may be tried
238
Habeas corpus
239
The practice in issuing it
240
CHAPTER IV
242
Ancient practice Standing mute Pressing to death
243
A New England case
244
Plea in abatement Misnomer
245
Demurrer to the indictment
246
The same offense
248
Plea of not guilty
249
Plea of guilty
250
Change of venue
251
Compulsory process for witnesses Motions for continu ance
252
CHAPTER V
253
Trial by jury
254
Opening statements
255
Separation and competency of witnesses
256
Order of proof Motion for verdict Jury excluded
257
Alibi
259
Cannot be proved by confession
260
Practice in regard to confessions
262
Argument of counsel
263
Nature of argument
264
Instructions of the court
265
Jury in charge of the case
266
Sealed verdict
267
CHAPTER VI
268
Sentence
269
SECTION 2
271
CHAPTER I
277
What are necessaries
283
Massachusetts rule
289
Miscellaneous property Choses in action Sales Act
295
and actually receive the same
299
Receipt
301
Give something in earnest to bind the bargain or in part of payment
303
Or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agents the...
304
Papers not intended as memorandum may be used
305
Verbal alteration of contract Contents of memorandum
306
Signing memorandum by agents
307
CHAPTER III
309
Seller with no interest
310
Actual possession taken Estoppel
311
32 Future sales in equity
312
Contract to sell future goods 1
313
Sale of undivided shares of goods
314
Performance of the Contract
316
Sale
317
Definition and ascertainment of price
318
Sale at a valuation
319
CHAPTER IV
321
Broken condition may be treated as warranty
322
Scope of conditions and warranties
324
Sale upon a contingency
326
Implied warranties of title
328
Various details
329
Implied warranty in sale by description
331
Implied warranties of quality
332
Merchantability
334
Goods bought for particular purpose
335
Seller not a producer of article sold
336
Sales of food
337
Sale by sample
338
Implied warranties in sale by sample
339
CHAPTER V
341
Act
342
Contract to sell specific goods in deliverable state
344
Where specific goods are in undeliverable state
346
Where acts are to be done by buyer
347
Delivery of goods on sale or return and on approval
348
Contract to sell unascertained goods Assents to appropriation to the contract
349
Delivery of appropriated goods to buyer or bailee
350
Delivery to be made by seller
352
Conditional sales
353
Nature of bill of lading
354
Bill of lading making goods deliverable to seller
355
Sellers retention of bill of lading to order of buyer
357
Bill of lading with draft on buyer attached
358
Sale by auction
359
Risk of loss
360
SECTION 2
362
Owner estoppel by conduct
363
Sales by factors
364
Sale by seller in possession of goods already sold
365
Creditors rights against sold goods in sellers possession
367
Sale by buyer in possession under conditional sale Creditors rights
368
At common law
369
Negotiable documents of title under Sales Act
370
Seller must deliver and buyer accept goods
371
Place time and manner of delivery
372
Delivery of wrong quantity
374
Delivery by installments
376
Delivery to a carrier on behalf of the buyer
378
Right to examine the goods
380
What constitutes acceptance
381
Acceptance does not bar action for damages
382
Buyer is not bound to return goods wrongly delivered
383
Buyers liability for failing to accept delivery
384
CHAPTER VII
386
Receipt of negotiable instrument as payment
387
Remedies of an unpaid seller
388
When right of lien may be exercised
389
Lien after part delivery
390
When lien is lost
391
When goods are in transit Sales Act
393
Illustrations and comment
394
Who may stop goods and subject to what claims
395
Effect of transfer of negotiable document of title
396
Ways of exercising the right to stop
397
Sales Act
398
Illustrations and comment
399
107 Rescission by the seller
401
CHAPTER VIII
402
Illustrations and comment
403
110 Action for damages for nonacceptance of the goods
404
gill Rescission of contract or sale
405
112 Action for converting or detaining goods
406
118 Interest and special damages
412
Appendix B Criminal Procedure
422
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321 페이지 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
286 페이지 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
363 페이지 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
404 페이지 - Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.
375 페이지 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
319 페이지 - Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
287 페이지 - ... ready for delivery or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery ; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business the provisions of this section shall not apply.
41 페이지 - Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
344 페이지 - ... the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed \to have unconditionally appropriated the goods to the contract, except in the cases provided for in the next rule and in section 20.
384 페이지 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.

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