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Contracts; With a Preliminary Chapter on the General Nature and Source of Law, with Questions, Problems and Forms

Contracts; With a Preliminary Chapter on the General Nature and Source of Law, with Questions, Problems and Forms


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: those fiscal powers, though no reference in the constitution is made to the power to incorporate companies. The state constitutions are limitations self-placed by the people upon their reserved power. Therefore we find that the state legislature has the power to pass laws upon all subjects, legislative jurisdiction whereof has neither been granted to the federal government, nor restrained by the state constitution. Accordingly we look to the state constitution, not to discover what power is thereby given, but rather to find what limitations have been therein made. And this state constitution the people of the state may change at pleasure, so long as they do not contravene the federal constitution. Sec. V. JUDICIAL CONSTRUCTION OF THE LAW. The courts construe and apply the law and it is in their opinions we must seek a proper understanding, both of written and unwritten law. The common or unwritten law is often described as that law we find in the Reports of cases. For the common law is set forth and applied and established by the Courts as cases come before them for decision to which the common law is regarded by them as applicable. But it is also just as important to go to the decisions of the Courts to give us an adequate understanding of written law?the constitutions and the statutes. For not only do we find such law there construed, but applied to various sets of facts. Manifestly a written law must be set forth in small compass, and stated in a general and abstract way. To construe such law and apply it to the various situations that arise is the province of the Courts. The decisions ofthe higher Courts are preserved to us in Reports, and to these Reports it is as necessary for us to go to find the law as to codes and statutes. These Reports in early days were known by ...


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Product Details
  • ISBN-13: 9780217197281
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 40
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 0217197280
  • Publisher Date: 09 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 91 gr


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Contracts; With a Preliminary Chapter on the General Nature and Source of Law, with Questions, Problems and Forms
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