Home >> Cyclopedia-of-law-vol-1 >> Absolute Rights Of Individual to Written Laws
Loading

Absolute Rights Of Individual
Absolute Rights Of Individual. The Objects Of The Laws Of England Are So Very Numerous And Extensive, That In Order To Consider Them With Any Tolerable Ease And Perspicuity, It Will Be Necessary To Distribute Them Methodically, Under Proper And Distinct Heads; Avoiding As Much As Possible Divisions Too Large ...

Advantages Of The Cy
Advantages Of The Cy Clopedia Of Law. The Important As Sistance Which The Law Student Needs Is, First, To Be Enabled To Read The Fundamentals Of The Science Unnderstandingly; Second, To Have Fur Nished To Him Or Designated What He Should Read; And, Third, To Have Such Reading Collected Into ...

Analysis Of Blackstones Definition
Analysis Of Blackstone's Definition Of Law. The Definition Of Municipal Law Is Thus Analyzed And Justified By Its Author : 1. Law Is "a Rule," As It Is Something Perman Ent, Uniform, And Universal, And Not A Mere Tran Sient Sudden Order From A Superior To Or Concern Ing A ...

Benefits Of Legal Educa
Benefits Of Legal Educa Tion. "i Think It An Undeniable Position," Said Blackstone, In The Introduction To His Series Of Law Lectures, "that A Competent Knowledge Of The Laws Of That Society In Which We Live Is The Proper Accomplishment Of Every Gentleman And Scholar; A Highly Useful—i Had Almost ...

Clubs Of Students
Clubs Of Students. The Chief Advantages Of The Regular Law Schools Are Those Resulting From Isolation Of The Student From The Every-day Cares Of Life, And Associating Him With Others Who Are Pursuing The Same Science, Thus Creating A Special Atmosphere, As It Were, In Which The Student May Imbibe ...

Codification Of Laws
Codification Of Laws. The Codification Or Systematic Classification Of Statutory Laws Was Early Rendered Necessary In The Various States Of The Union. The Express Regulations And Enactments Necessitated To Estab Lish Local Self-government, And To Inaugurate A Political And Civil System Under Such Novel Cir Cumstances As Prevailed In Amcrica ...

Comprehensive Meaning Of The
Comprehensive Meaning Of The. Word Law. In Its Most Compre Hensive Sense, The Term Law Has Been Applied To Designate The Rules Of External Nature, And Its Meaning Has Been Rendered Ambiguous, Because It Is Used Indifferently To Describe The Order Which Pervades The Universe, The Observed Regular Phe Nomena ...

Constitutional Law
Constitutional Law. Hav Ing Seen What It Is That Regulates The Relations Be Tween Nation And Nation, We Next Come To The Domestic Laws Of A Nation Regulating Its Own Internal Affairs. Every People In The Course Of Their Associated Life Have Formulated Certain Fundamental Provisions Regarding The Nature Of ...

Depositories Of The Law
Depositories Of The Law. Where The Law Is To Be Found, Or The Legitimate Depositories Of The Law, Is An Important Point To The Student. The Written Law, Embracing Constitutions, Trea Ties And Statutes Is To Be Found In The Authorized Public Records. Both The National And State Constitutions And ...

Development Of The Law
Development Of The Law. While The Term Law, Always Means An Estab Lished Rule, It Does Not Follow That These Rules Are Fixed And Immutable. In Fact One Of The Dif Ficulties Encountered In The Study Of The Law, And One Which Arises From Its Very Nature, Is That The ...

Difficulty Avoided
Difficulty Avoided. By The Series Of Comprehensive And Explanatory Treatises Contemplated By The Home Law School Series The Student Will Be Enabled To Take Up In Succession The Various Branches Of The Science, Master The Fundamentals Of Each, And Then Be Prepared For A More Careful And Exhaustive Study Of ...

Help For Law Students
Help For Law Students. The Cyclopedia Of Law Is Devoted Entirely To The Subject Of Law, But In These Helps We Desire To Mention Several Subjects Germane To Law Or Necessary To Its Successful Practice. "it Scarcely Seems Necessary," Says Judge Cooley, "to Remark That The Student Of American Law ...

How Law Has Been
How Law Has Been Studied Since Blackstone's Time. Black Stone's Commentaries On The Laws Of England Were First Published In 1765, And Since That Time Almost Every Student Of The Law Has Made Exten Sive Use Of This Valuable Work From The Incep Tion Of His Studies. While This Famous ...

How The Law Was
How The Law Was Studied Prior To 1765. That The Student May Appre Ciate What The Home Law School Series Has Un Dertaken To Do For Him We Restate Here Lord Chief Justice Reeve's Direction To Those About To Begin The Study Of Legal Science. He Said: "read Wood's Institutes ...

How To Study Law
How To Study Law. Aside From The General Dif Ficulties Of Time, Money, And Previous Educational Advantages,thestudent,young Or Old, In The Office Or In The Law School, Who Is Earnestly In Quest Of Legal Knowledge, Finds His Enthusiasm Checked And His Ardor Cooled By Discovering That There Is No Key ...

Influence Of The American
Influence Of The American Lawyer. The Potent And Beneficial Influence Of The American Lawyer Is Well Expressed By These Words Of Prof. Mechem In The Lecture Above Cited : "who Drafted Our Declarations Of Independence ? Who Framed Our Constitutions ? Who Inter Preted, Defended And Applied Those Constitu Tions ...

Influence Of The Law
Influence Of The Law Of Nature. The Influence Of The So-called Law Of Nature Is Such That Where The Positive Law Has Made No Provision The Natural Ideas Of Justice, Equity And Good Conscience Are Used To Determine The Question In Dispute. Thus The Law Of Nature Is The Scaffolding ...

Kinds Of Governments
Kinds Of Governments. By Government Is Meant The System Of Polity Or Body Of Principles And Rules By Which The Affairs Of A State Are Conducted. Governments Are Almost As Numerous In Variety As There Are States To Have Governments. The Chief Distinctions Re Late To The Residence Of The ...

Law And Popular Influ
Law And Popular Influ Ence. In The United States The People Consti Tute The Sovereign Power. Delegates Of The Peo Ple Make, Construe And Execute The Laws. Popu Lar Influence Thus Decides Largely Both What The Laws Shall He, And How Well They Shall Be Ob Served. A Law May ...

Law Pertaining To Crimes
Law Pertaining To Crimes. Public Wrongs Or Crimes Give Rise To The Divis Ion Of Criminal Law ; And The Application Of This Law Is Called Criminal Procedure. The Two Will Be Treated Together. ...

Law Pertaining To Per
Law Pertaining To Per Sons. By Law Pertaining To Persons We Mean Statute And Precedent Law Regulating The Relations Which Members Of Political Society Can Sustain Towards Each Other ; Whether As Male Or Females, Infants Or Adults, Masters Or Servants, Or Whether Natural Or Artificial Persons, Acting For Them ...

Law Pertaining To
Law Pertaining To Property According To Blackstone Is Either Real Or Personal ; And Personal Property Is Either In Possession Or In Action, The Latter In Cluding All The Various Kinds Of Contracts. Hence Under Things Real And Things Personal, Including The Modes Of Acquiring And Transferring Property, We Have ...

Legal Ethics
Legal Ethics. The Moral Prin Ciples And Rules Applying To And Governing The Relation Between The Lawyer And His Client, The Courts And The Community Are Now Termed "legal Ethics" And Constitute A Regular Branch Upon Which Law Students Are Examined. This Subject Will Be Appropriately Treated In The Cyclo ...

Or Law Mak Ing Legislation
Legislation, Or Law-mak Ing. Legislation Is The Process Of Lawmaking; The Exercising Of The Power Of Sovereignty, And May Be Expressed Or Implied. The Results Of Leg Islation Are Laws. These Laws Are Either (i) Written Or (2) Unwritten. ...

Origin Of States
Origin Of States. The Greeks Supposed State To Be Of Superhuman Origin. From Grotius And Rousseau, Writers Of The Seventeenth And Eighteenth Centuries, Came The Idea Of The Social Compact Or Contract, By Which People Were Regarded As Having Met And Voluntarily Formed Their Political Organization. Hobbes, A Writer Of ...

Political Organization Precedes Law
Political Organization Precedes Law. "morality May Precede, But Law Must Follow, The Organization Of A Polit Ical Society." Holland's Jur., Ch. Iv. The Student Who Has Followed The Foregoing Reasoning, Which Separates Law From The Meta Physical Rules To Which It Has Been Inacurately Applied, And Sees That It Is ...

Political Organizations Described
Political Organizations Described. We Have Seen That Law Results From The Action Of A Political Sovereignty Or The Supreme Power In A State. How Have These Po Litical Organizations Come To Exist ? From The Earliest Recorded History We Learn That Mankind Was Divided Into Groups Or Tribes Possessing A ...

Private International
Private International Law.—private International Law, Or Conflict Of Laws, As It Is Also Termed, Arises From The Fact That The Internal Laws Of The Various Nations Differ Widely, And When A Citizen Of One Nation Comes Into The Jurisdiction Of Another There Is A Conflict Of Laws, From Which Conflict ...

Public International Law
Public International Law. By Public International Law, Or The Law Of Nations, We Mean Those Equitable Precepts Which Have On Grounds Of General Convenience Come To Govern The Intercourse Between Distinct Nations Or Sovereign Peoples. These Rules, Begin Ning In Mere Customs Or Usages, Have Come At The Present Time ...

Same Subject A Later
Same Subject A Later View. A Later School Of Jurisprudents Separate Positive Or Municipal Law Entirely From The So Called Natural Or Revealed Law. Their Reasoning Is, That While Man Is A Mystery To Himself, Ex Ternal Nature Is A Greater One, And He Seeks To Explain The More, By ...

Same Subject A People
Same Subject A People Defined. A People Is Defined To Be A Large Number Of Human Beings United By A Common Language, And By Similar Customs And Opinions, Resulting Usually From Common Ancestry, Religion And Historical Circumstances. Holland's Jur., Ch. Iv. ...

Same Subject A State
Same Subject A State De Fined. A State Is The Whole People Of One Body Politic, And Has Been Defined By The United States Supreme Court To Be "a Body Of Free Per Sons, United Together For The Common Benefit, To Enjoy Peaceably What Is Their Own, And To Do ...

Same Subject Republi Can
Same Subject Republi Can Go\ternment. A Republic Differs From Each Of The Governments Above Described In Theory, Though It Resembles An Aristocracy In Practice. A Republic Was Defined By James Madi Son To Be "a Government Which Derives All Its Powers Directly Or Indirectly From The Great Body Of The ...

Same Subject
Same Subject — Teachers And College Students.—another Class Of Persons Who Can Profitably And Easily Pursue The Study Of Law In The Cyclopedia Of Law, Are School Teachers And Persons Attending Col Lege. Teachers, Whether In The Common, Gram Mar, Or High Schools Of The Country, Are Ever De Sirous ...

Should All The Stu
Should All The Stu Dent's Time Be Devoted To Study? The Question Whether The Student Should For Sake All Else, Including Manual Labor And Other Mental Work, To Take Up The Study Of The Law Is Easily Answered. The Answer Being That There Is No Necessity For So Doing, And ...

Sources Of The Law
Sources Of The Law. By Sources Of The Law We Do Not Wish To He Under Stood As Meaning The Depositories In Which The Law Is Recorded, As The Statutes, Reports And Treatises ; Nor Do We Mean The Authority Which Gives Them The Sanction Of Law, But We Mean ...

The Common Law
The Common Law. "the Common Law Is Said To Be Unwritten, Because There Is No Record Of Its Formal Enactment. It Is Sometimes Pretended That It Consists Of Statutes Worn Out By Time, Their Records Having Been Lost. It Is Called A Collection Of Customs And Traditions, Commencing In Immemorial ...

The Cost Of A
The Cost Of A Legal An Important Question To Many Persons Wishing To Study Law Is, How Much Will It Cost ? And We Arc Sorry To Say That Many Per Sons In The Past Have Been Deterred From Attempt Ing The Study Because Of The Large Expense Neces Sitated. ...

The General Nature Of
The General Nature Of Laws. Law, In Its Most General And Comprehensive Sense, Signifies A Rule Of Action, And Is Applied Indiscriminately To All Kinds Of Action, Whether Animate Or Inanimate, Rational Or Irrational. Thus We Say, The Laws Of Motion, Of Gravita Tion, Of Optics, Or Mechanics, As Well ...

The Interpretation Of Laws
The Interpretation Of Laws. "the Fairest And Most Rational Method To Interpret The Will Of The Legislator Is By Ex Ploring His Intentions At The Time When The Law Was Made, By Signs The Most Natural And Prob Able. And These Signs Are Either The Words, The Context, The Subject ...

The Law Of Procedure
The Law Of Procedure. It Is Not Only Necessary That Laws Be Declared, But Also That They Be Applied Or Carried Into Effect. Law Confers Rights, But These Must Be Enforced Or A Remedy Given When They Are Transgressed. The Former Is Called The Field Of Substantive Law, While The ...

The Necessity Of Legal
The Necessity Of Legal Knowledge. To Speak Of The Necessity Of Some Knowledge Of The Law To One Who Intends Making The Law His Profession Is Doubtless Unnec Essary. Yet We Occasionally Hear Of Persons In Those States Where A Good Moral Character Is Suf Ficient To Gain Admission To ...

The Term Law Defined
The Term Law Defined. Law, As The Term Is Used By The Legal Profession, And Will Be Used In The Cyclopedia Of Law, Is Defined To Be, "a Rule Of Civil Conduct Prescribed By The Supreme Power In A State, Com Manding What Is Right And Prohibiting What Is Wrong." ...

The Time Required To
The Time Required To Learn Law. The Time Which The Student Will Require To Learn Law Will Vary With The Stu Dent And The Method By Which He Seeks To Ac Quire His Knowledge. That A Long Term Of Years Entirely Devoted To Legal Study Is Necessary We Do Not ...

The Unwritten Law
The Unwritten Law. The Unwritten Law Literally Means Statutes That Have Never Been Recorded, Or Whose Formal Records Have Been Lost. But As A Matter Of Fact These Statutes Were Never In Existence, And The Legisla Tive Sanction Is Implied Rather Than Expressed. The Unwritten Law Consists Of The So-called ...

What Is The Best
What Is The Best Form Of Government? We Should Not, Perhaps, At This Time Raise The Question, What Is The Best Form Of Government? We Aim At Present Simply To Give A Brief Outline Of Political History To En Able The Student To Understand Our Own Institu Tions And Laws, ...

What Laws We Are
What Laws We Are To Con Sider.. It Is Only The Laws For The Control Of Human Action, Set By A Definite Human Authority, Which Must Be A Sovereign Authority, That We Are To Consider. So That A Law To The Jurisprudent Is A General Rule Of Human Action, Taking ...

What Previous Education The
What Previous Education The Law Student Should Have. Every Particle Of Education One Can Possess Along Any And All Lines Will Be Of Help In The Study Of The Law. Even Technical Or Professional Training In The Allied Sciences Would Be Advantageous, So No Student Of The Law Need Fear ...

William Blackstones Commentaries On
William Blackstone's Commentaries On The Laws Of England. Sir William Blackstone Was Born At London, July Path, 1723, And Died February 14th, 1780. The Plan Of His Great Work Was Completed At The Age Of Thirty, When He Delivered In Oxford, A Course Of Lectures Which, In The Year 1765, ...

Women Should Study Law
Women Should Study Law. It Has Not Been Many Years Since Women Were Practically Excluded From The Learned Pro Fessions, And Indeed, From All Work Not Directly Connected With The Home. We Have Not Space Nor Inclination To Here Argue The Question Of Woman's Proper Sphere. Suffice It To Say ...

Written Laws
Written Laws. The Written Law In The United States Consists Of Constitutions, Treaties And Statutes. (a) Constitutions. In America A Constitution Is A Solemn Written Declaration Of The People, And Declared To Be The Fundamental Law Of The Land. The United States Constitution Is The Supreme Law And Unites The ...