Handbook on the Law of Judicial Precedents: Or, The Science of Case LawWest Publishing Company, 1912 - 768 էջ |
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Այլ խմբագրություններ - View all
Handbook on the Law of Judicial Precedents: Or, The Science of Case Law Henry Campbell Black Ամբողջությամբ դիտվող - 1912 |
Handbook on the Law of Judicial Precedents, Or the Science of Case Law ... Henry Campbell Black Դիտել հնարավոր չէ - 2017 |
Handbook on the Law of Judicial Precedents: Or, the Science of Case Law ... Henry Campbell Black Դիտել հնարավոր չէ - 2014 |
Common terms and phrases
act of Congress action adjudication adopted appellate court applied argument arising authority Bank binding bound to follow circuit court cision cited City common law conclusive consideration considered constitution construction construing contract contrary County court of appeals court of last courts of equity deci decided declared determination dicta duty edent effect equity eral established evidence ex rel fact federal courts follow the decisions force former decision governed highest court inferior courts interpretation involved judges judgment judicial decisions judicial precedents jurisdiction jurisprudence justice last resort legislative legislature litigation matters ment N. R. Co N. Y. Supp obiter dictum opinion overruled particular parties previous decision principle of law question of law reason regard rendered res judicata Roman law rule of law rule of property rule or principle settled sion stare decisis statute subsequent Supreme Court thority tion tribunal validity
Սիրված հատվածներ
Էջ 71 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that, whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Էջ 608 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Էջ 557 - So when contracts and transactions have been entered into, and rights have accrued thereon under a particular state of the decisions, or when there has been no decision of the state tribunals, the Federal courts properly claim the right to adopt their own interpretation of the law applicable to the case, although a different interpretation may be adopted by the state courts after such rights have accrued.
Էջ 466 - As, however, the very object of giving to the national courts jurisdiction to administer the laws of the States in controversies between citizens of different States was to institute independent tribunals which it might be supposed would be unaffected by local prejudices and sectional views, it would be a dereliction of their duty not to exercise an independent judgment in cases not foreclosed by previous adjudication.
Էջ 161 - ... not plainly unreasonable and inconvenient, to all cases which arise ; and we are not at liberty to reject them and to abandon all analogy to them, in those to which, they have not yet been judicially applied, because we think that the rules are not as convenient and reasonable as we ourselves could have devised.
Էջ 31 - Equity is a roguish thing; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity.
Էջ 593 - the practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Էջ 605 - The law respecting negotiable instruments may be truly declared in the language of Cicero, adopted by Lord Mansfield in Luke v. Lyde, 2 Burr. R. 883, 887, to be in a great measure, not the law of a single country only, but of the commercial world.
Էջ 4 - If a decision has been made upon solemn argument and mature deliberation, the presumption is in favor of its correctness; and the community have a right to regard it as a just declaration or exposition of the law, and to regulate their actions and contracts by it.
Էջ 675 - In all other respects, the laws of the state in which the court is held shall be the rules of decision as to the competency of witnesses in the courts of the United States in trials at common law, and In equity and admiralty.