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Popular Law Library Vol1 Introduction To The Study Of Law Legal History | by Albert H. Putney



"Law" is a word of illimitable use in both its popular and its technical sense. In its broader sense it is best defined as a rule of action, and in this sense the term is used in all sciences. In its more technical sense a law is a rule of civil conduct prescribed by the law-making power in the state.

TitlePopular Law Library Vol1 Introduction To The Study Of Law Legal History
AuthorAlbert H. Putney
PublisherCree Publishing Company
Year1908
Copyright1908, Cree Publishing Company
AmazonPopular Law-Dictionary

Volume I

Introduction To The Study Of Law Legal History

Examination Questions

By Albert H. Putney, A. B., D. C. L., LL. D. Dean Of The Illinois College Of Law, Author Of "Government In The United States," "Colonial Governments Of European States," "Landmark Cases In United States Constitutional Law," Etc., Member Of The Bar Of Massachusetts And Illinois

-First Subject. Introduction To The Study Of Law. Section 1. Definition And Nature Of Law
Law is a word of illimitable use in both its popular and its technical sense.1 In its broader sense it is best defined as a rule of action, and in this sense the term is used in all sciences. In its...
-Section 2. Legal Conceptions
Four great legal conceptions underlie the whole study of law; rights, duties, wrongs, and remedies. It is in the order just given that these conceptions are most generally considered at the present ti...
-Section 3. Substantive And Adjective Law
All law can be classified either as substantive law or as adjective law. Substantive law embraces all those provisions which relate to the rights either of individuals or of society at large, and of t...
-Section 4. Origin Of The Law
The beginnings of law are everywhere lost in obscurity. Laws of some kind were necessary before historians arose, and the gradual growth of legal customs would in any event have been too gradual to ha...
-Section 5. Early Branches Of The Law
The important branches in all early systems of jurisprudence are few in number. Of the many subjects into which the law is divided at the present time, some were entirely unknown, others were of sligh...
-Section 6. Domestic Relations
Perhaps the oldest of all branches of the law is that of Domestic Relations. The first step away from anarchy and towards social organization is the creation of the family. The state is evolved from t...
-Section 7. Separation Of Criminal Law And The Law Of Torts
The conception of the distinction between a crime and a tort is one requiring a high degree of legal development. The uncivilized mind, in law as in othei sciences, is always looking at the concrete.a...
-Section 8. Distinction Between Real Property And Personal Property
Every system of laws recognizes a fundamental division of property into real and personal, or into movable and immovable. Although the exact dividing line between the two classes is a variable one in ...
-Section 9. Appearance Of Contract Law
There is no more striking difference to be found between a primitive and a highly developed legal system, than in the relative importance of the law of contracts. In modern times the central subject o...
-Section 10. Conceptions Of Contracts In The Roman Law And In The Common Law
Striking differences appear in the fundamental conceptions of the nature of a contract to be found in the two great systems of jurisprudence, the Roman Law and the Common Law. There are two standpoint...
-Section 11. Further Subdivisions Of The Law
The subjects of Domestic Relations (Subject X in this work), Criminal Law (Subject XXX), Torts (Subject VIII), Real Property (Subject XVII), Personal Property (Subject XIV) and Contracts (Subject VI) ...
-Section 12. Basis Of American Law
The Common Law of England is in general the basis of the law of all the states of the American Union except Louisiana, whose system is based upon the Civil or Roman Law. In most of the states it is pr...
-Section 13. American Adjective Law
The American States adopted the system of Common Law Pleading along with the substantive common law. Some states, as for example Illinois, still retain this system almost in its entirety. In most stat...
-Section 14. Where To Find The Law
The whole body of the law is generally divided into the two classes of written law and unwritten law. Written law is the work of the legislative department of the governments; unwritten law owes its f...
-Section 15. Law And History
The law as it exists today is the product of long continued evolution. The student of law in our times has come to recognize the fact that law is, in a sense, a branch of history, and is to be studie...
-Section 16. The Great Law-Developing Nations. Babylonia, Rome And England
It would be a hopeless and a useless task for the law student to undertake the study of the legal systems of all countries. The greater majority of nations have contributed little or nothing to the we...
-Second Subject. Legal History. Chapter I. The Law Of Babylonia. Section 1. Beginnings Of Law
The nation which occupied the land about the Euphrates and Tigris rivers, a region successively the seat of the great Chaldean and Babylonian Empires, appears as the first great cosmopolitan race in t...
-Section 2. The Code Of Hammurabi
The Code of Hammurabi (Khammurabi) is the oldest code of laws now in existence, and in all probability the oldest extensive code ever drawn up by man. It greatly antedates the laws both of Moses and o...
-Section 3. Adjective Law
The adjective law of the Babylonians was always far less advanced than their substantive law. While many of the provisions of the latter may compare not unfavorably with modern legal conceptions, the ...
-Section 4. Domestic Relations
One of the earliest, and also one of the most distinctive branches of the law to be developed in the legal history of any race or nation, is that of Domestic Relations. The first step towards the cons...
-Section 5. Real And Personal Property
The Babylonian law clearly distinguished between real and personal property, or perhaps better, between movable and immovable property. Land was only transferred by written deeds and a complicated sys...
-Section 6. Contract Law
The Babylonian law of Contracts was the first highly developed system on this branch of jurisprudence in the history of the world. Many formalities were required in the making of contracts. The lack ...
-Section 7. Banking And Admiralty Law
Banking was a recognized business in Babylon. This business was probably mainly in the hands of the priesthood. The banker was considered in the light of an agent or intermediary, borrowing money, not...
-Chapter II. The Law Of Greece. Section 8. Greece's Place In The History Of Legal Development
The position occupied by Greece in the legal history of the world is far less important than in most branches of intellectual activity. The Greeks were never great law-makers. What work was done by th...
-Section 9. Public Law
Every form of government existed among the various states into which Greece was divided. Nearly all of the Grecian states seem to have passed through three stages, and to have been in turn monarchies,...
-Section 10. Adjective Law
Methods of court procedure differed among the several Grecian States no less than their various systems of government. Private suits were almost unknown in Sparta. The so-called laws of Lycurgus by th...
-Section 11. Substantive Law
The Greek laws from the earliest time prohibited polygamy, but sanctioned open concubinage. In Sparta the form of marriage was one of capture, in Athens that of a purchase; the former was a fiction, t...
-Chapter III. Roman Law. Section 12. Importance Of The Study Of Roman Law
It would be hard to over-estimate the influence which Roman jurisprudence has exerted upon the legal history of the world. Rome's place in history is mainly based upon her two Titanic creations - the ...
-Section 14. Early Political Institutions
Roman history begins with the kingdom. The individual kings are legendary rather than historical personages, and the whole history of this period is vague and uncertain. The overthrow of the kingdom i...
-Section 15. First Reforms In The Law
The creation of the comitia centuriata and the transference to it of most of the power formerly possessed by the comiatia curiata marked a step away from the old line of demarcation; but as the comiti...
-Section 16. The Law Of The Twelve Tables
The decemvirs were not only authorized to draw up a new system of laws for the city, but were also intrusted with all governmental powers while they were engaged in this work. The offices of consul, t...
-Section 17. Contest Between Patricians And Plebeians
Additional rights for the plebeians were secured the following year by the Valerio-Horatian laws, sometimes called the Magna Charta of Rome. By these laws, a right of appeal was given from the decisio...
-Section 18. Legis Actionis
The early Roman legal actions were elaborate and symbolic. The important forms of actions were four in number: (1) legis actio per sacramentum; (2) legis actio per judicis postulationem; (3) legis act...
-Section 19. Early Contract Law
The making of contracts at Rome, during the early period, was always accompanied with many formalities. A sale could only be made in the presence of five Roman citizens as witnesses, the amount to be ...
-Section 20. Jus Gentium
The belief in the superiority of one's own race, over all the other peoples of the world, is one which we find firmly imbedded in the minds of the inhabitants of all countries, both ancient and modern...
-Section 21. The Empire
Many causes contributed to bring about the fall of the Roman Republic in the first century before Christ. The vast extension of territory rendered the system of popular government inadequate for exist...
-Section 22. The Constitutions
The old popular assemblies for a period after the establishment of the Empire still went through the form of passing acts, which had been prepared by the real governing power, but in addition to this ...
-Section 23. Jus Respondendi
A very unusual source of laws which grew into prominence during the period of the early empire is found in the jus respondendi of the jurisconsults. The jurisconsults, were leading lawyers to whom the...
-Section 24. Roman Law Writers
Out of the ranks of the jurisconsults came the great Roman law writers. The Roman jurists of the early empire were divided into two schools, originating in the teachings of two professors of law of th...
-Section 25. The Codes
The codification of the Roman law began near the beginning of the third century. The great number of jurisconsults who had been writing during the previous two centuries made some compilation of these...
-Section 26. The Theodosian Code
The first great code was that drawn up by a commission appointed by Theodosius II in the year 435. The work was completed in 438 and comprised all the leges generales since the time of Constantine the...
-Section 27. Justinian
The final culmination of Roman law is found in the Code of Justinian. Justinian, after whom the code takes its name, ascended the throne of the Eastern Empire in 527, and the following year took steps...
-Section 27. Justinian. Continued
It is the first care of a reformer to prevent any future reformation. To maintain the text of the Pandects, the Institutes, and the Code, the use of ciphers and abbreviations was rigorously proscribe...
-Chapter IV. Outgrowths Of Roman Law. Section 28. The Fall Of Rome
The final overthrow of the Western Roman Empire occurred in the year 476, but for the century preceding this date the empire had existed merely as a shadow of its former self. On more than one occasio...
-Section 29. The Barbarian Codes
The century which followed the fall of the Western Roman Empire witnessed the development of a large number of Romano-Barbarian codes, based in varying degrees upon Roman law and Teutonic customs. Rou...
-Section 30. Renewed Study Of The Roman Law
The twelfth century marked a wonderful revival in the study of the Roman law. This revival centered around the law schools of the Italian universities, to which students flocked from all parts of Euro...
-Section 31. The Civil Law
No European country, however, could adopt the code of Theodosian or Justinian in its entirety. In the rapid changes in human life and institutions laws cannot remain stationary, but must advance to me...
-Section 32. The Canon Law
By the side of the Civil Law, there grew up a second system of laws, known as the Canon Law. The development of the Canon Law dates from about the fourth century, and was the work of the Western Churc...
-Section 33. Extent Of The Jurisdiction Of The Canon Law
The Canon Law, besides controlling the government and organization of the church, was also concerned with ecclesiastical property and the cure of souls. These courts derived their jurisdiction from th...
-Chapter V. Teutonic And Anglo-Saxon Customs And Laws. Section 34. The Teutonic Origin Of England's Political And Legal Institutions
As the beginnings of American political institutions must be sought in the earlier home of the race in England, so in turn the first germs of England's constitution and laws can be traced to the still...
-Section 35. Early Institutions As Described In The Germania
The English language, institutions and laws, being thus of nearly purely Teutonic origin, it is in the original home of the first Teutonic invaders of Britain, that the first beginnings of English pol...
-Section 36. The Anglo-Saxon Conquest Of Britain
It was about the middle of the fifth century that these tribes first began to desert their continental homes, for new settlements in the British Isles. There was no concerted invasion of Britain under...
-Section 37. Changes In Anglo-Saxon Political Institutions Occasioned By The Conquest Of Britain
The institutions of the Jutes, Angles, and Saxons during this period are those of their ancestors of the Germaina with those changes, which migration and conquest naturally made. Long continued warf...
-Section 38. Early Political And Constitutional History Of Anglo-Saxon England
The history of England from the first coming of the Jutes to the accession of Ecgberht to the overlordship of all England falls into three sharply defined periods; that of the many kingdoms, of the se...
-Section 39. The Union Of The Seven Kingdoms
Ecgberht, the man destined to secure the union of all the Saxon and Angle kingdoms, mounted the throne of Wessex in 802. He had spent a long period of exile from his native land, at the court of Charl...
-Section 40. Political And Constitutional History Of United Anglo-Saxon England
The union of England, effected by Ecgberht, was rather the combination of separate kingdoms under the over lordship of Wessex, than the fusion of all into one common country. The distinction between W...
-Political And Constitutional History Of United Anglo-Saxon England. Continued
It was at this period, that a most remarkable character first appeared upon the scene of English history. Dunstan, the monk of Glastonbury, began his public career during the reign of Eadmund and upon...
-Section 41. The Saxon Witenagemote
The Saxon kingdom was never an absolute monarchy. The power of the Anglo-Saxon King, whether it be during the period of the many kingdoms, of the seven, of the three, or of the one, was always limited...
-Section 42. The Anglo-Saxon Private Law
The private law of the Anglo-Saxon was a very different system from that which grew up after the Norman Conquest. The loose feudalism of the country had little or no influence upon its system of land ...
-Chapter VI. Constitutional And Political History Of England From The Norman Conquest To The Reign Of George III. Section 43. The Norman Conquest
The merits of the contest between William of Normandy and Harold, Earl of Wessex, for the English throne, depended upon the question whether or not the office of King of England was to a certain degre...
-Section 44. Changes Caused By The Norman Conquest
It is in the light of this position thus taken by-William that we must view his dealings with the new country which the fortune of war had placed under his control. It was never his desire to make man...
-Section 45. The Feudal System
It has been said that if Anglo-Saxon England had possessed the Feudal system, it had been in a rudimentary degree, and in a form which signally failed to provide for the creation of a military organiz...
-Section 46. The Norman Kings
The reign of William Rufus, the second of the Norman Kings of England, was notable mainly for the King's wasteful expenditure of money obtained by tyrannical exactions from the people, and for the beg...
-Section 47. Legal Reforms Of Henry The Second
The nationalization of England was finally accomplished during the reign of Henry II. From the first landing of Hengist and Horsa, the unification of the various divergent races inhabiting England had...
-Section 48. Magna Charta
Richard the First, commonly called Richard the Lion-Hearted, spent but a few months of his reign in England, the country being governed during this time by various justices, under whom the constitutio...
-Section 49. Simon De Montfort And The Origin Of Parliament
The thirteenth century in English history foreshadowed the seventeenth. The great movement, which in the former century, wrested the Magna Charta from John, at Runnymede, supported Simon de Montfort i...
-Section 50. Parliament In The Fourteenth Century
The history of England during the thirteenth century, and again during the fifteenth, centered around the nobility of England; but in the fourteenth century, for the first time, and for the last time ...
-Section 51. The War Of The Roses
The House of Lancaster had come to the throne at the close of the fourteenth century, with a title, whose validity rested upon the legality of the election of Henry IV by the House of Commons. Henry I...
-Section 52. The Tudors
The Tudor period is a little more than co-extensive with the sixteenth century, a century which has been well described as an age remarkable for its material prosperity, its intellectual and religious...
-Section 53. Contest Between The Stuarts And The House Of Commons
Perhaps no other ruler in history ever came to a throne with so remarkable a hereditary title as did James I of England. Not only was he descended, as had also been his predecessors, the Tudors, from ...
-Contest Between The Stuarts And The House Of Commons. Part 2
It was, however, this very isolation of the House of Commons which secured for England the retention of her liberties. Deserted by his allies of an earlier century, she was compelled to rely upon hers...
-Contest Between The Stuarts And The House Of Commons. Part 3
* Three of the ten judges who upheld the general right of the king decided in Hampden's favor in this particular case on technical points. The members of the famous Long Parliament of England met in ...
-Contest Between The Stuarts And The House Of Commons. Part 4
The government of England now passed completely under the control of the army of the Independents under Oliver Cromwell. The contest entered into between the King and the Parliament had proved fatal t...
-Section 54. The Bill Of Rights
The Bill of Rights was the greatest triumph of the seventeenth century. The seventeenth century on the continent of Europe was one marked by the growth of despotism and the destruction of free institu...
-Section 55. The Ministry System
The Bill of Rights was the last event in English history which was to have a direct influence upon the form of government to be adopted in the United States. The important later changes in the working...
-Section 56. The House Of Hanover
The right of the English Parliament to make provision as to the rules of succession to the crown which had been sustained by the accession of Henry IV, Henry VII, and William and Mary to the crown, wa...
-Chapter VII. The English Common Law. Section 57. The Norman Conquest
The Norman Conquest was destined entirely to change the course of development of English law, and yet, with the exception of the introduction of the Norman feudal system, very few innovations were mad...
-Section 58. The Feudal System
The most important institution in Europe during the Middle Ages was feudalism. It is around this system that, for about eight centuries, the history of Western Europe is centered. It is this wide exte...
-Section 59. Feudal Tenures
It is only as a system of land-ownership that feudalism needs to be considered in this chapter. The underlying theory of feudalism in this respect was that all land was owned by the King. The King gra...
-Section 60. Incidents Of The Feudal Tenures
In addition to the requirements of military service, all persons holding land by knight service were subject to certain incidental obligations. At first these were merely for the purpose of protecting...
-Section 61. The End Of The Feudal System
It has been stated that the feudal system was the most prominent institution of the Middle Ages. It was, however, absolutely incompatible with the spirit of modern times. The invention of gunpowder re...
-Section 62. Early Important Statutes On The Law Of Real Property
No statutes marked the introduction or early development of the feudal system of land tenure in England. The English law of real property during this period was strictly an unwritten and customary one...
-Section 63. Early Adjective Law
Even after the Norman Conquest adjective law in England was of a very primitive character. The trial by battle, oath helpers, and the various ordeals were the principal methods employed to determine t...
-Section 64. The Original Writs
The leading principle of the Norman procedure was undoubtedly the King's writ. It replaced the ancient summons, by the party injured, to the accused. 'The Court of Common Pleas had no jurisdiction w...
-Section 65. The Statute Of Westminster II
Although these original writs were thus very numerous, the extent of the jurisdiction of each writ was very limited. For example, the famous Assize of Mort d'Ancestor could be used to recover land of ...
-Section 66. Criminal Law
It is very difficult to write a brief account of any early criminal system which will convey much meaning to any person unfamiliar with the subject. The most fundamental underlying principles of crimi...
-Section 67. Jury Trial
The most fundamental characteristic of the English common law, on both its civil and criminal side, is that of trial by jury. Although the pride of the English race, this legal institution is not of i...
-Section 68. Domestic Relations
The exact state of the law relative to marriage in the early Norman period is a matter of much uncertainty. In spite of some authorities to the contrary, it is quite certain that no religious ceremony...
-Section 70. Development Of Contract Law
A rapid development of the Contract Law began in the twelfth century. Several causes contributed to this result. The increased wealth and commerce of the country made a more convenient and highly deve...
-Section 71. Contest Between The Common Law And The CIVIL And Canon Law
It has been seen how Roman laws and institutions, which survived on the continent after the Teutonic conquest, failed to do so in the British Isles. The influence of the Roman law was to be felt, howe...
-Section 72. Important Statutes Of The Sixteenth And Seventeenth Centuries
The sixteenth and seventeenth centuries witnessed the passage of a number of important English statutes, which have been brought to America and constitute part of our present system of laws. In 1535 t...
-Chapter VIII. Equity Jurisprudence. Section 73. Rigidity Of The Common Law
Every true definition of equity must be, to a greater or less extent, a history. Both at its origin and throughout its whole existence Equity Jurisprudence has existed as a system of laws supplement...
-Section 74. Beginnings Of Equity Jurisprudence
In such cases, one last resort, and only one, was left to the party needing relief. The King was still considered as the head of the judicial system of the country, and the fount from which all justic...
-Section 75. Equity Jurisprudence In The Reign Of Richard II
The reign of Richard II. witnessed an attack upon the growing equitable jurisprudence by the House of Commons. The various grounds of complaint set forth by this body were: (1) That persons were calle...
-Section 76. Forms Of Early Bills
The early forms of the petitions or bills in chancery show a surprising resemblance to those of a more modern date. The causes for going into equity were, however, somewhat different from those at the...
-Section 76. Forms Of Early Bills. Continued
Many other illustrations of similar reasons for seeking the aid of equity might be given. In 1388, John S. Kernyng and Adam, who describe themselves as constables of the Hundred of Clavering, say that...
-Section 77. Contest With The Common Law Courts
The growth of the extraordinary or equitable jurisdiction of the Chancery Courts was always viewed with jealousy by the common law judges, and at times openly resisted. No other claim made by the equi...
-Section 78. Uses
Ownership in general involves two elements, the holding of the legal title and the right to the beneficial use. When these are separated, the legal title being granted to one party and the beneficial ...
-Section 79. The Statute Of Uses
The Statute of Uses presents the anomalous picture of a statute which absolutely failed to accomplish the purpose for which it was adopted, but which, nevertheless, became one of the landmarks in Engl...
-Chapter IX. Outline Of The Constitutional, Political And Legal History Of The Thirteen Colonies, And Of The United States Prior To The Assembling Of The Federal Constitutional Convention. Section 80. English Colonization In America
The history of the English colonies in America was, to a great degree, moulded by the character of the century in which these colonies were principally settled. The failure of Raleigh's attempts at co...
-Outline Of The Constitutional, Political And Legal History Of The Thirteen Colonies, And Of The United States Prior To The Assembling Of The Federal Constitutional Convention. Section 80. English Colonization In America. Continued
The States of Holland also made acquisition in America, and sustained their right on the common principle adopted by all Europe. They allege, as we are told by Smith, in his History of New York, that...
-Section 81. The Thirteen Colonies
Twelve of the colonies had come into political existence before the close of the seventeenth century; the thirteenth colony was added near the beginning of the ensuing century. It was the political li...
-Section 82. The Colonial Government Of Virginia
The colony of Virginia was the first permanent English settlement in North America. It was settled under the grant made by James I, in 1606, to the London Company, a company of noblemen, gentlemen, a...
-Section 83. Massachusetts
The second of the thirteen colonies in order of settlement was Massachusetts. Virginia and Massachusetts were always the two leading English colonies in America. Although the two are found together in...
-Section 84. Connecticut
Connecticut, which ranked next to Massachusetts among the New England and Puritan colonies, was the product of the union of two smaller colonies, the New Haven colony and the original Connecticut colo...
-Section 85. Rhode Island
Rhode Island was originally settled by political and religious exiles from the neighboring colonies. The earliest government was one created by the settlers themselves, each settler being required to ...
-Section 86. New Hampshire
New Hampshire was the last settled and the weakest of the original New England colonies. For a long time New Hampshire was merely a county (Norfolk) of Massachusetts. In 1680 a separation took place a...
-Section 87. New York
New York differed greatly from the other original colonies, in that her original colonies and settlers were not English but Dutch. Although Holland was at the time a certain kind of Republic, the colo...
-Section 88. New Jersey
The possession of New Jersey was originally contested for by the English, Dutch and Swedes. For a while New Jersey was annexed to New Amsterdam, and later passed with this colony to England, in 1664. ...
-Section 89. Pennsylvania And Delaware
The colonial histories of Pennsylvania and Delaware were throughout so closely connected as to necessitate their treatment in connection with each other. Delaware was the first of these two colonies t...
-Section 90. Maryland
Maryland was settled under a grant to Cecil, Lord Baltimore. The colony was primarily intended as a place of refuge for Roman Catholics, but religious freedom was secured to every Christian denominati...
-Section 91. North And South Carolina
Although there had been a number of small and ineffectual attempts at colonization prior to the time, nothing of importance was done towards the settlement of the Carolinas until 1663, when Charles II...
-Section 92. Georgia
Georgia, the last of the thirteen original colonies, was settled in 1732, under a grant made to James Oglethorpe. The purpose of the colony was to furnish a refuge to debtors, prisoners, and paupers. ...
-Section 93. The Revolutionary War
The course of events leading to the Revolutionary War began almost at the outset of the reign of George III, the character and aims of which ruler were briefly referred to at the close of Chapter VI (...
-Section 94. The Articles Of Confederation
The Articles of Confederation contained within themselves the germs of many of those evils which were to agitate the country for the next decade. The nature of this system of government can be shown b...
-Section 95. Judicial Powers Of The United States Government Under The Articles Of Confederation
The Articles of Confederation made no provision for the creation of any executive department, and the judicial powers which it conferred upon the new Federal government were of the most restricted cha...
-Section 96. Causes Leading Up To The Constitutional Convention
It is not intended to treat of the general history and condition of the country while under the Articles of Confederation.7 The government proved itself entirely inadequate for the existing circumstan...
-Chapter X. American Constitutional History. Section 97. The Constitutional Convention
The second Monday of May, 1787, fell upon the 14th. On that day only a few delegates had assembled, and seven states were not represented until May 25th, when the first meeting of the Federal Constitu...
-Section 98. The Virginia And New Jersey Plans
The period from May 25th to May 29th was taken up with the organization of the convention; and it is the introduction of the Virginia plan, on the latter date, that marks the commencement of the real ...
-Section 99. The Three Great Compromises In The Constitutional Convention
The history of the adoption of the various parts of the Constitution in their existing form will be treated in connection with the discussion of the subject of Constitutional Law. A brief statement, h...
-The Three Great Compromises In The Constitutional Convention. Continued
Pennsylvania, Virginia, South Carolina and Georgia. Massachusetts was divided, and all the delegates from New York were absent; New Hampshire and Rhode Island were not represented in the convention. D...
-Section 100. Adoption Of The Constitution
The Constitution, as reported to Congress and the states, did not exactly suit anyone. It was the result of compromises, in which all had yielded something. It is from this standpoint that we must jud...
-Section 101. The Early Amendments
The first Congress took steps to supply the absence of a Bill of Rights in the Constitution, by submitting twelve proposed amendments to the states in 1789. Ten of those were ratified by a sufficient ...
-Section 102. Political Divisions On The Interpretation Of The Constitution
This question as to the relative powers of the government of the United States and of the State governments, was the principal dividing line between the American political parties, in the early days o...
-Section 103. Recent Constitutional History
The important results of the Civil War, from a constitutional law standpoint were the overthrow of the doctrine of secession and the adoption of the last three amendments. These amendments, together w...
-Questions. Introduction To The Study Of Law
Page 11. 1. What is law in the broad sense of the term? 2. Define law in its more restricted sense. 3. How has the Supreme Court of the United States defined the laws of a State ? Page 12. 1. Wha...
-Legal History
Chapter I Page 29. 1. From what races were the Babylonians descended? 2. What causes brought the Babylonians into constant contact with other peoples? Page 30. 1. What was the most important and ...
-Legal History. Part 2
Page 86. 1. What was the character of this union? 2. What foreign invasion took place in the ninth century? Page 87. 1. What were the provisions of the treaty of Wedmore? 2. What was the principa...
-Legal History. Part 3
1. What was the result of the war? 2. What was the position of Cromwell and his army after the close of the war? Page 134. 1. With what difficulties was Cromwell confronted? Page 135. 1. What was...
-Appendix A. The Code Of Hammurabi
(The Code of Hammurabi, the earliest known Code, consists of 282 sections, certain selections from which follow.) 1. If a man weaves a spell about another man (i. e. accuses him) and throws a curse o...
-Appendix A. The Code Of Hammurabi. Part 2
45. If a man has rented his field to a cultivator for the produce and he has received his produce, and then a storm has come, and destroyed the harvest, the loss is the cultivator's. 46. If he has no...
-Appendix A. The Code Of Hammurabi. Part 3
164. If his father-in-law has not returned him the dowry, from her marriage portion he shall deduct all her dowry; and her marriage portion he shall return to the house of her father. 165. If any man...
-Appendix A. The Code Of Hammurabi. Part 4
179. If a votary of a vowed woman to whom her father has given a marriage portion, and has written her a tablet, and on the tablet which he wrote her has written, property where (to whom) it seems go...
-Appendix A. The Code Of Hammurabi. Part 5
219. If a doctor has treated the slave of a freedman for a severe wound with a bronze lancet and has caused him to die, he shall give back slave for slave. 220. If he has opened his tumour with a ...
-Appendix B. The Twelve Tables. Table I. The Summons Before The Magistrate
1. If the plaintiff summon a man to appear before the magistrate and he refuse to go, the plaintiff shall first call witnesses and arrest him. 2. If the defendant attempt evasion or flight, the plain...
-Table III. Execution Following Confession Or Judgment
1. A debtor, either by confession or judgment, shall have thirty days grace. 2. At the expiration of this period the plaintiff shall serve a formal summons upon the defendant, and bring him before th...
-Table V. Inheritance And Tutelage
3. What has been appointed in regard to the property or tutelage shall be binding in law. 4. If a man die intestate, having no natural heirs, his property shall pass to the nearest agnate. 5. If the...
-Table VI. Ownership And Possession
1. Whenever a party shall negotiate a nexum or transfer by man-cipatio, according to the formal statement so let the law be. 5. Whoever in presence of the magistrates shall join issue by manuum conse...
-Table VII. Law Concerning Real Property
5. If parties get into dispute about boundaries. . . . 7. They shall pave the way. If they do not pave the way with stones a man may drive where he pleases. 8. If water from rain gutters cause damag...
-Table VIII. On Torts
1. Whoever shall chant a magic spell. . . . 2. If a man maim another, and does not compromise with him, there shall be retaliation in kind. 3. If with the fist or club a man break a bone of a freema...
-Table X. Sacred Law
1. They shall not inter or burn a dead man within the city. 2. . . . more than this a man shall not do . . . ; a man shall not smooth the wood for the funeral pyre with an axe. 4. Women shall not la...
-Appendix C. Magna Charta
John, by the grace of God king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to his archbishops, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, g...
-Appendix C. Magna Charta. Part 2
11. And if anyone shall die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if the deceased left children under age, they shall have necessaries provided for them...
-Appendix C. Magna Charta. Part 3
33. All weirs for the time to come shall be done away with in the rivers of the Thames and throughout all England, except upon the sea coast. 34. The writ which is called praecipe, for the future, sh...
-Appendix C. Magna Charta. Part 4
53. The same respite we shall have (and in the same manner about administering justice, disafforesting the forests, or letting them continue) for disafforesting the forest, which Henry our father, and...
-Appendix D. Petition Of Right. (1628 A. D.)
The Petition Exhibited To His Majesty By The Lords Spiritual And Temporal And Commons. In This Present Parliament Assembled, CONCERNING DIVERS RIGHTS AND LIBERTIES OF THE SUBJECTS, WITH THE KING'S MAJ...
-Appendix E. The Bill Of Rights. - (1689 A. D.)
An Act For Declaring The Rights And Liberties Of The Subject, And Settling The Succession Of The Crown. Whereas the Lords Spiritual and Temporal, and Commons, assembled at Westminster, lawfully, full...
-Appendix E. The Bill Of Rights. - (1689 A. D.). Continued
And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties, and that no declaration, judgments, doings or proceedings, to the prejudice of the pe...
-Appendix F. Declaration Of Independence
In Congress, July 4, 1776. The unanimous declaration of the thirteen United States of America. When in the course of human events, it becomes necessary for one people to dissolve the political bands ...
-Appendix G. Articles Of Confederation, 1781-1788
Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware...
-Appendix G. Articles Of Confederation, 1781-1788. Part 2
Art. VII. When land forces are raised by any State for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of each State respectively by whom such fo...
-Appendix G. Articles Of Confederation, 1781-1788. Part 3
The United States, in Congress assembled, shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated A Committee of the States, and to consist of one delegate f...
-Appendix H. The Virginia Plan
1. Resolved, that the articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, common defense, security of liberty, and gener...
-Appendix I. The New Jersey Plan
1. Resolved, that the Articles of Confederation ought to so be revised, corrected and enlarged, as to render the Federal Constitution adequate to the exigencies of government, and the preservation of ...
-Appendix J. Abbreviations To American And English Reports
Abb. Adm...........Abbott's Admiralty U. S. District Court. Abb. App. Dec.......Abbott's New York Court of Appeals. Abb. Dec............Abbott's Decisions, N. Y. Abb. N. C...........Abbott's New Ca...
-Abbreviations To American And English Reports. Part 2
Bl..................Blount. B. & L..............Browning and Lushington's Admiralty Rep. Black...............Black, U. S. Supreme Court. Black., W...........Sir William Blackstone's Reports, K. B. ...
-Abbreviations To American And English Reports. Part 3
Charlt. R. M.........R. M. Charlton (Ga.). Charlt. T. U. P.......T. U. P. Charlton (Ga.). Chase...............Chase, U. S. Ch. Cas..............Cases in Chancery. Ch. Cas. Ch..........Choice Cases...
-Abbreviations To American And English Reports. Part 4
Dav................Davy's Reports, Ireland. Dana...............Dana, Kentucky. Dan. & Ll...........Dansen and Lloyd Mercantile Cases. Daveis..............Daveis, U. S. District Court of Maine. Day...
-Abbreviations To American And English Reports. Part 5
Fish. Pat. Cas........Fisher's Patent Cases. Fish. Pat. Rep.......Fisher's Patent Reports. Fitz-G..............Fitz-Gibbon's Reports, K. B. Fl..................Fleta. Fla.................Florida. ...
-Abbreviations To American And English Reports. Part 6
Hog................Hogan's Reports, Rolls, Ireland. Holmes.............Holmes, U. S. Circuit Court, First Circuit. Holt................Holt's Reports, K. B. Holt, N. P...........Holt's Nisi Prius R...
-Abbreviations To American And English Reports. Part 7
Law J. K. B.........Law Journal, King's Bench. Law J. M. Cas.......Law Journal, Magistrates Cases. Law J. P............Law Journal Probate. Law J. P. C.........Law Journal Privy Cases. Law J. Q. B...
-Abbreviations To American And English Reports. Part 8
McCrary............McCrary, U. S. McF. R.............McFarlane's Reports, Jury Court, Scotland. McGloin.............McGloin, Louisiana. McLean.............McLean, U. S. Circuit Court, Seventh Circu...
-Abbreviations To American And English Reports. Part 9
Ohio Leg. N.........Ohio Legal News. Ohio St.............Ohio State. o. p................. Out of print. Okl.................Oklahoma. Olc. Adm............Olcott's Admiralty, U. S. Dist. Court, N....
-Abbreviations To American And English Reports. Part 10
Roll................Roll of the Term. Roll. & Roll. Abr.....Rolle, Reports and Abridgment. Root................Root, Connecticut. Russ................Russell's Reports, Chancery. Russ. & M...........
-Abbreviations To American And English Reports. Part 11
Term...............Tennessee Reports. Tenn. Ch............Tennessee Chancery (Cooper). Term (N. C.)........Taylor, North Carolina, Term Reports. Texas...............Texas Law. Texas App..........T...
-Appendix K. Statute Of De Donis
13. Edw. I (Westminster II), Cap. 1 (A. D. 1285). First. Concerning Lands that many Times are given upon Condition, that is, to-wit: Where any giveth his Land to any Man and his Wife, and to the Heir...
-Appendix L. (Quia Emptores Terrarum.)
18. Edw. I. (Westminster III) Cap. I. (A. D. 1290.) The Feoffee shall hold his Land of the chief Lord, and not of the Feoffor. Forasmuch as Purchasers of Lands and Tenements of the Fees of great Men...
-Appendix M. Statute Of Uses And Enrollments
27 Henry VIII. Cap. 10 (A. D. 1535). Where by the common laws of this realm, lands, tenements and hereditaments be not devisable by testament, (2) nor ought to be transferred from one to another, but...
-Appendix M. Statute Of Uses And Enrollments. Continued
III. And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seized to any use, all such former right, title, entry, interest, possession, rents, customs...
-Appendix N. Statute Abolishing Feudal System
12 Car. II. Cap. 24. (A. D. 1660.) An act for taking away the court of wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty i...
-Appendix O. The Statutes Of Frauds
29. Car. II, Cap. 3 (A. D. 1676). For prevention of many fraudulent practices, which are commonly endeavored to be upheld by perjury and subornation of perjury; (2) be it enacted by the King's most e...
-Appendix O. The Statutes Of Frauds. Continued
XI. Provided always, That no heir shall become chargeable by reason of any estate or trust made assets in his hands by this law, shall be reason of any kind of plea or confession of the action, or suf...
-Chart Of The Law
(The Roman Numeral after a subject shows the number of such subject in the Law Library) United States Constitutional Law, III Constitutional and Statutory Law ...







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