A Manual of Elementary Law: Being a Summary of the Fundamental Principles of American Law

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Right to property
11
The administration of justice
12
CHAPTER II
15
The unwritten or common law
16
Historical and legal sources of the law
17
Historical sources of the common law
18
Common law in the United States
19
CHAPTER III
21
Section Page 25 Validity of statutes
22
Retroactive statutes
23
Public and private statutes
24
Statutes the most important of all legal sources
26
CHAPTER IV
29
General customs as legal sources of the law
30
Decreasing importance of custom as a legal source
31
Judicial precedent as a legal source of law
32
Importance of precedents
33
CHAPTER V
34
The basis of regulating conduct to be one that is gen eral and equal in application
35
The states basis of regulating conduct to be one that guarantees certainty and uniformity
36
Courts of justice versus courts of law
38
Certainty frequently more important than justice
40
Law a protection against error and corruption
41
The defects of the law
43
PART II
45
Definition of a tort
46
Torts distinguished from breaches of contract
47
security of the person Section Page 50 The right to life
49
Remedies
50
CHAPTER VIII
52
Battery denned
53
Selfdefense
54
The remedies
55
CHAPTER IX
56
The unlawfulness of the restraint
57
Lawful restraint under legal process
58
Officers
59
Remedy
60
Remedy for arrest of privileged persons
61
CHAPTER X
62
The malicious motive
63
Proceedings must have terminated
65
Malicious abuse of process
66
CHAPTER XI
68
Libel and slander
69
Slander
70
Slander imputing disease
71
Slanders actionable only by reason of special damages
72
Newspapers
73
Construction
74
Certainty
76
Justification
78
Privilege
79
Absolute privilege
80
Naval and military matters
81
Qualified privilege
82
Communications made under duty
84
Communications in selfdefense
85
CHAPTER XII
88
Frauds in confidential relations
89
Attorneys physicians and clergymen
90
Persons of weak mind
91
Fraud and deception between equals
92
Definition
93
Equal opportunities for knowledge
94
Representations
95
Matter of law
96
Matters of fact
97
Falsity
98
Who entitled to rely on representations
99
Injured partys belief
100
Personal injuries through fraud
101
CHAPTER XIII
102
Nuisance defined
103
Coming to a nuisance
105
The intent or motive immaterial
106
What may be nuisances
107
Kinds of nuisances
108
Public nuisance
109
Authorized nuisances
110
What is a highway
111
Purprestures Ill 146 What is an obstruction
112
Authorized obstructions
113
Remedies for nuisance
114
Evidence of nuisance
115
CHAPTER XIV
116
Elements of actionable negligence
117
Inevitable accident
118
No degrees in negligence
119
Legally responsible person
120
Physical infirmity
121
The duty implied by law
122
The legal connection
123
Plaintiffs unlawful act
124
Contributory negligence 125
125
Plaintiffs knowledge of danger
126
Persons of defective powers
127
Passenger and carrierImputed negligence
128
Presumptions as to negligence
129
CHAPTER XV
130
Statutory provisions
131
Copyrights
132
Trademarks and tradenames
133
CHAPTER XVI
135
The force
136
Conversion by persons rightfully in possession
137
Demand for possession
138
Remedies
139
CHAPTER XVII
141
Unlawful detention
142
Injuries to land without dispossession
143
Kinds of waste
144
Trespass upon land
145
Who may be a trespasser
146
Express license by the owner
147
License by law
148
Effect of exceeding the license
149
CHAPTER XVIII
150
The law in the United States
151
Owners knowledge of danger
152
CHAPTER XIX
153
Enticing of servant and seduction of servant or daughter
154
Interference with business relations by force or threats of force
155
Justification for prima facie torts
156
Boycotting noncompetitors
157
Combinations and conspiracies in competition
158
The remedy
159
PART m
160
Crimes in the United States
161
Criminal statutes how construed
162
Attempts
163
Criminal carelessness
164
Offenses committed by wife
165
Drunkenness
166
Jurisdiction of crimes
167
CHAPTER XXI
169
Abortion
170
Seduction
171
BestialitySodomy
172
Arson
173
Assault with intent
174
Barratry champerty and maintenance
175
Bigamy or polygamy
176
Robbery
177
Embezzlement
178
Larceny
179
Conspiracy
180
Dueling
181
Homicide
182
Involuntary manslaughter
183
Malice
184
Malicious trespass or malicious mischief
185
Perjury
186
Riot
187
PART IV
189
Basis of ownership
190
Origin or private ownership
191
Kinds of property
192
CHAPTER XXIII
194
Land acquired by treaty
195
Definitions
196
Lands bounded by streams
197
Islands
198
Fixtures
199
Boundaries
200
Land bounded by highways
201
CHAPTER XXIV
203
Tithes
204
Right of way
205
Private rights of way
207
Easements
208
Offices and dignities
209
Rents
210
CHAPTER XXV
212
Allodial estates
213
Wardship and marriage
214
Local courts
215
Military service
216
Domesday Book
217
Abolition of the system
218
CHAPTER XXVI
220
Free and base tenure
221
Aids
222
CHAPTER XXVII
223
Early grants affected
224
Sovereignty as source of title
225
Use of word heirs
226
Estates for life
227
Emblements
228
Estates in remainder
238
Rule in Shelleys Case
239
Estates in reversion
240
Tenancy in common
241
CHAPTER XXVIII
242
Adverse possession
243
Occupying claimant
244
Title by devise
245
Wills
246
Revocation of wills
247
Title by purchase
248
Title bond
249
Registration of deeds
250
Description of land conveyed
251
Title by escheat
253
CHAPTER XXIX
255
Burial rights
256
CHAPTER XXX
257
Executor
258
PART V
260
Growth of right to contract
261
Contract denned
262
Contracts are executory or executed
263
Parol contracts
264
Quasi contracts
265
Time and place of contract
266
Legality of object of contract
267
Reality of consentMistake
268
Reality of consentDuress and undue influence
269
Void and voidable contracts
270
Interpretation of contracts
271
CHAPTER XXXII
272
Infants
273
Infants contracts for necessaries
274
Fraud of infants
275
Drunkenness
276
CHAPTER XXXIII
278
Adequacy of consideration
279
Section Page 452 Prior obligation as consideration
280
Impossible and illegal consideration
281
Failure and want of consideration
282
Discharge of contracts
283
Remedies for breach of contract
284
CHAPTER XXXIV
285
Provisions of the statute
286
Debt default and miscarriage
287
Agreements in consideration of marriage
288
Agreements not to be performed within a year
289
Signature to memorandum
290
CHAPTER XXXV
291
The Negotiable Instruments Law
292
Foreign and inland bills
293
Duty of the holder
294
Signatures and date
295
Law of the place
296
Agents
297
Purchase for value without notice
298
contracts of insurance Section Page 488 Definition
300
How interpreted
301
Payment of premiums
302
Insurable interest
303
CHAPTER XXXVII
304
Transfer of title
306
Sale of goods wares and merchandise
307
Delivery
308
Contracts of bailment
309
Contracts of common carriers
310
PART VI
312
Rights of partners
314
Individual and partnership creditors
315
Rights of partners after dissolution
316
Good will
317
Section Page 513 Definition
318
Nature of corporations
319
Powers of corporations
320
The charter
321
Contracts of corporations
322
Rights of stockholders
323
Deeds of corporations
324
Public service corporations
325
PART VII
327
Agency in general
328
Authority of agents in special calling
329
When principal is bound by act of his agent
330
Undisclosed principal
331
Termination of agency
332
Powers of attorney
333
CHAPTER XLI
334
Apprentices
335
Independent contractor
336
Termination of the relation
337
Wrongs independent of contract
338
Liability of third persons to the servant
339
Servants liability for injuries to others
340
Risks assumed by servant
341
Servants liability to master
342
THE LAW OF PERSONS AND DOMESTIC RELATIONS CHAPTER XLII
343
Right to marry
344
Marriage
345
Marriage ceremony
346
Divorce
347
Injuries between husband and wife
348
Injuries by third person
349
CHAPTER XLIII
351
Rights and duties of parent and child
352
Wrongs as between parent and child
353
Childs interest in the parent
354
Enticing away the child
355
CHAPTER XLIV
357
Testamentary guardian
358
Guardians deeds
359
Rights of guardian and ward in each other
360
PART IX
362
The American doctrine of constitutional law
364
Legal importance of the American doctrine of constitu tional law
365
The separation of powers
366
CHAPTER XLVI
367
Suffrage
369
Freedom of speech and of the press
370
Section Page 596 The right to bear arms
371
Due process of the law and equal protection of the laws in regard to procedure
373
Due process and equal protection of the laws in regard to the police power
374
Due process of law and equal protection of the law in regard to taxation
375
Due process and equal protection of law in regard to eminent domain
376
Laws impairing the obligation of contracts
377
CHAPTER XLVII
379
Territories dependencies and new states
380
Interstate commerce
381
Federal treatymaking power
382
Interstate privileges and immunities and other inter state relations
383
CHAPTER XLVIII
385
Liability of officers to suits for damages
386
Liability of legislative officers
387
Liability of judicial officers
388
Mandamus
390
Quo warranto
391
Prohibition
392
When legality of restraint will not be inquired into
393
Section Page 625 Definition
395
Jurisdiction over foreign ambassadors etc
396
Neutrality
397
PART X
398
Jurisdiction defined
399
The senate as a court
400
Exclusive jurisdiction of federal courts
401
Jurisdiction of the Supreme Court of the United States
402
Jurisdiction of the circuit courts of appeals
404
The court of customs appeals
405
United States commissioners
406
CHAPTER LI
408
InjunctionProhibitory and mandatory
409
A court of equity having obtained jurisdiction will ad minister full relief
410
Evidence on hearing
411
admiralty law and procedure Section Page 652 Origin and history
413
Admiralty procedure
415
CHAPTER MIL
417
Civil actionsCourtsTheir officersJuries
418
How served and returned
419
Objection to jurisdiction how and when made
420
Issues of fact and issues of law
421
Trial
422
Functions of court and jury as to evidence
424
Attendance of witnesses how procured
425
Hearsay evidence
426
Examination of witnesses
427
Arguments of counsel and instructions of the court
428
Motion to set verdict aside and for a new trial
429
Forms of judgments
430
Execution
431
CHAPTER LIV
432
Direct and indirect or constructive contempt
433
How writ served
434
Capias
435
Accord and satisfaction
436
CHAPTER LV
439
When warrant void and when valid
440
Arrest by officer without warrant
441
Arrest upon hue and cry
442
Examinations bail etc
443
Right to speedy trialpresence of accused in court
444
Change of venue
445
IndictmentInformation
446
Pleas to indictment
447
Opening statements of counsel
448
Rules of evidence
449
Special rules of evidence in criminal cases
450
Final arguments of counsel
451
Motion for new trialArrest of judgmentExecution
452
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 364 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 422 - evidence." in legal acceptation, includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.
Page 364 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 279 - ... circumstances and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee to the beneficiary, or a right of the beneficiary against the promisee which has been barred by the Statute of Limitations or by a discharge in bankruptcy; or which is unenforceable because of the Statute of Frauds; (c) an incidental beneficiary if neither the facts stated in Clause (a) nor those stated in Clause (b) exist.
Page 192 - ... holds possession of them, and no longer. Such (among others) are the elements of light, air and water; which a man may occupy by means of his windows, his gardens, his mills, and other conveniences...
Page 262 - A contract is an agreement, upon sufficient consideration, to do or not to do a particular thing.
Page 24 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.
Page 312 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Page 179 - Larceny is the wrongful taking and carrying away of the personal property of another with the felonious Intent to convert It to the taker's own use, and make It his own property, without the consent of the owner.
Page 249 - ... in action, entry, or re-entry can be granted over ; for, so, under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppressed, which the common law forbiddeth, — as men to grant before they be in possession.

Bibliographic information