A Dissertation on the Nature and Extent of the Jurisdiction of the Courts of the United States: Being a Valedictory Address Delivered to the Students of the Law Academy of Philadelphia ... on the 22d April, 1824 |
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الصفحة 41
It would have been sufficient to have answered that the statute directed the State
laws to be the rule of decision in cases only where they applied , that
consequently they did not apply to the present case , which was an offence
alleged to have ...
It would have been sufficient to have answered that the statute directed the State
laws to be the rule of decision in cases only where they applied , that
consequently they did not apply to the present case , which was an offence
alleged to have ...
الصفحة 43
If it should be asked , for instance , without reference to any particular system of
jurisprudence , what is to be the rule of decision in civil cases ? it seems the
simple answer would be , “ the law which governs the contract or the civil right or
...
If it should be asked , for instance , without reference to any particular system of
jurisprudence , what is to be the rule of decision in civil cases ? it seems the
simple answer would be , “ the law which governs the contract or the civil right or
...
الصفحة 118
I think it entitled to the same praise in what may properly be called the jus civile , I
mean that part of the law which governs the construction of contracts between
man and man , and establishes the rules of meum and tuum . In this part of the
sys ...
I think it entitled to the same praise in what may properly be called the jus civile , I
mean that part of the law which governs the construction of contracts between
man and man , and establishes the rules of meum and tuum . In this part of the
sys ...
الصفحة 125
After stating , as usual , that it is founded on an 66 established rule of the law of
nations , ” he concludes , nevertheless , with saying , that the Courts of justice in
his country have adhered to it " with the dignity belonging to regular and ...
After stating , as usual , that it is founded on an 66 established rule of the law of
nations , ” he concludes , nevertheless , with saying , that the Courts of justice in
his country have adhered to it " with the dignity belonging to regular and ...
الصفحة 128
... and statutes and judicial decisions will gradually take their colour from tbem .
System will be introduced where it is wanted . Sound theories will take the place
of false ones , and the rules of genuine logic will direct their application to ( 128 )
... and statutes and judicial decisions will gradually take their colour from tbem .
System will be introduced where it is wanted . Sound theories will take the place
of false ones , and the rules of genuine logic will direct their application to ( 128 )
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عبارات ومصطلحات مألوفة
according admiralty admitted adopted American appears apply appointed argument arising authority called causes Circuit Court citizens civil cognisance colonies committed common law Congress considered Constitution consuls course crimes criminal decided decision defined depending derived direct District doctrine doubt effect England English established exclusive execution exercise existing express extent federal federal Courts force give given granted important indictment instance Judges judicial judiciary jurisdiction jurisprudence jury justice land late law of nations legislative Legislature limited manner maritime matter means ment nature necessary offences opinion particular party passed Pennsylvania person possess present president principles proceedings proper province punishment question reason receive remain require respect rule senate statutes Supreme Court taken territories thereof things tion trial tribunals Union United vested whatsoever whole
مقاطع مشهورة
الصفحة 183 - Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
الصفحة 178 - No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. [2.] No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its...
الصفحة 180 - Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor...
الصفحة 176 - 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 throughout the United States; 5 To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6 To provide for the punishment of counterfeiting the securities and current coin of the United States...
الصفحة 128 - States, whose jurisdictions as they may respect such lands, and the States which passed such grants, are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States...
الصفحة 174 - ... 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.
الصفحة 174 - Each house shall keep a journal of its proceedings, and, from time to time, publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.
الصفحة 183 - States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
الصفحة 206 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
الصفحة 176 - Court: 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: . 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12.