Commentaries on American Law, Հատոր 1W. Kent, 1851 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 3
... opinions , the growth of civilization and commerce ; and of a code of con- ventional or positive law . In the absence of ... opinion and usages of civilized nations , and which may be called the human , the actual , the received , or the ...
... opinions , the growth of civilization and commerce ; and of a code of con- ventional or positive law . In the absence of ... opinion and usages of civilized nations , and which may be called the human , the actual , the received , or the ...
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... opinion , that Greeks , even as between their own cities and states , were bound to no duties , nor by any moral law ... opinions upon that subject . Some considered a Thucydides , b . 1. sec . 5. Mitford's History of Greece , 8vo . edit ...
... opinion , that Greeks , even as between their own cities and states , were bound to no duties , nor by any moral law ... opinions upon that subject . Some considered a Thucydides , b . 1. sec . 5. Mitford's History of Greece , 8vo . edit ...
Էջ 39
... usage of almost all Christian nations , except in cases of humanity , ( nisi ex humanitate , ) and Martens is of the same opinion . case , to surrender the fugitive to the foreign state Lec . II . ] 39 OF THE LAW OF NATIONS .
... usage of almost all Christian nations , except in cases of humanity , ( nisi ex humanitate , ) and Martens is of the same opinion . case , to surrender the fugitive to the foreign state Lec . II . ] 39 OF THE LAW OF NATIONS .
Էջ 40
... opinion ( and his authority and learn- ing as a lawyer were pre - eminent ) given to government in 1792. See Edin . Review , No. 83 , pp . 129. 139. 141. Lord Coke , however , held that the sovereign was not bound to surrender up ...
... opinion ( and his authority and learn- ing as a lawyer were pre - eminent ) given to government in 1792. See Edin . Review , No. 83 , pp . 129. 139. 141. Lord Coke , however , held that the sovereign was not bound to surrender up ...
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... Opinions , de . vol . i . 384-392 . If there be no treaty , he was of opinion that the government of the United States could not act on the subject , without authority conferred by an act of congress , and which it would be expedient to ...
... Opinions , de . vol . i . 384-392 . If there be no treaty , he was of opinion that the government of the United States could not act on the subject , without authority conferred by an act of congress , and which it would be expedient to ...
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Common terms and phrases
act of congress admiralty admitted American appeal apply articles of confederation authority Bank belligerent blockade British Bynk capture character Circuit Court citizens civil claim cognizance colonies commerce committed common law confiscation considered constitution consuls contraband contract convention Cranch crime criminal debts decision declared District Court doctrine duties election enemy enemy's England English equity established Europe exclusive executive exercise extend federal courts foreign France grant Grotius held high seas hostile judges judgment jurisdiction jurisprudence justice land law of nations legislative legislature Lord Lord Coke maritime ment navigation neutral neutral country New-York offence opinion party person Peru-Bolivian Confederation port President principle privilege prize courts provision Prussia punishment question regulations respect right of search rule Senate ship sovereign statute suit Supreme Court territory tion treaty of peace U. S. Rep Union United usage Vattel vessel vested vote Wheaton
Սիրված հատվածներ
Էջ 500 - 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.
Էջ 649 - States, which shall consist of a senate and house of representatives. Section 2. — 1. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Էջ 371 - 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 328 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Էջ 499 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.
Էջ 652 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Էջ 651 - States; [2] To borrow money on the credit of the United States; [3] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies...
Էջ 333 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Էջ 413 - Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself...
Էջ 270 - But it may, with great reason, be contended, that a government, intrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execution.