Fundamental Legal Conceptions as Applied in Judicial Reasoning; And Other Legal Essays
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Fundamental Legal Conceptions as Applied in Judicial Reasoning; And Other Legal Essays

Fundamental Legal Conceptions as Applied in Judicial Reasoning; And Other Legal Essays


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...or obligation, it is believed, from an extensive survey of judicial-precedents, that the connotation already adopted as most appropriate to the word in question is fully justified. A few cases tending to indicate this will now be noticed. In M cNeer v. McNeer, ' Mr. Justice Magruder balanced the conceptions of power and liability as follows: So long as she lived, however, his interest in her land lacked those elements of property, such as power of disp0sition and liability to sale on execution which had formerly given it the character of a vested estate. In Booth v. Commonwealth,85 the court had to construe a Virginia statute providing that all free white male persons who are twentyone years of age and not over sixty, shall be liable to serve as jurors, except as hereinafter provided. It is plain that this enactment imposed only a liability and not a duty. It is a liability to have a duty created. The latter would arise only when, in exercise of their powers, the parties litigant and the court officers had done what was necessary to impose a specific duty to perform the functions of a juror. The language of the court, by Moncure, J., is particularly apposite as indicating that liability is the opposite, or negative, of immunity (or exemption): The word both expressed and implied is liable, which has a very difierent meaning from qualified ... Its meaning is bound or obliged. ... A person exempt from serving on juries is not liable to serve, and a person not liable to serve is exempt from serving. The terms seem to be convertible. A further good example of judicial usage is to be found in Emery v. Clough. Referring to...


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Product Details
  • ISBN-13: 9781234090265
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 54
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1234090260
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 113 gr


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Fundamental Legal Conceptions as Applied in Judicial Reasoning; And Other Legal Essays
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