Legal Maxims, with Observations and Cases ... Second Edition PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Legal Maxims, with Observations and Cases ... Second Edition PDF full book. Access full book title Legal Maxims, with Observations and Cases ... Second Edition by George Frederick WHARTON. Download full books in PDF and EPUB format.
Author: George Frederick WHARTON
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: George Frederick WHARTON
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: George Frederick Wharton
Publisher: Createspace Independent Publishing Platform
ISBN: 9781495267642
Category : Law
Languages : en
Pages : 352
Get Book Here
Book Description
From the introductory -- THE VIRTUE OF MAXIMS: THERE is a certain charm about a legal maxim. It seems to put so much wisdom in so few words and with so conclusive effect. Having heard a maxim which applies to a given case, the case appears to be closed. It covers the ground, and silences controversy. The difficulty about settling a question by this means is that we cannot always stop with one maxim. Generally several maxims are applicable, and the second demands usually a very different answer to the question from that given by he first. "When legal maxims are invoked to determine a mooted point, the mind is in the condition of the oft-cited justice who, after hearing one side, objected to hearing the other, because it unsettled his opinion. Maxims have therefore always been peculiarly appropriate authorities under the systems derived from the Roman law, where a tribunal determines a case free from the embarrassments involved in settling or unsettling precedents, and needs chiefly to invoke a sound principle as a justification for an isolated decision. When the attempt is made, under our System of jurisprudence, to solve a question by maxims, it usually results in resolving the question into another double question quite as debatable as the first, viz.: Which of two maxims is properly applicable? For instance, "Equality is equity," but on the other hand, "He who is prior in time is stronger in light," and "The law aids the vigilant, not the negligent." Upon almost every subject the maxims of jurisprudence balance themselves against each other in this way; and the function of justice is to hold the scales so that the preponderating principle shall determine the cause. The best use of maxims under our system is not as authorities, like a statute or precedent, but as aids to counsel in the investigation of the controversy, and in determining in preparation for trial what is the central principle involved, and where the weight of justice lies. He who will take up the merits of a case with a view to ascertain what settled maxima of the law are susceptible of application to it, and how they may be applied, and why one should be represented in the result and not another, will find clearness and simplicity in his view of the case, and a vigor and strength in his argument, which he would not be likely to attain from a mere review of precedents. He may not after all rely on a maxim, or even quote it as influencing the result, but he will be likely to find that the test to which he has brought his case has promoted much his mastery of the vital principles on which it will turn.
Author: George Frederick Wharton
Publisher: Theclassics.Us
ISBN: 9781230231747
Category :
Languages : en
Pages : 68
Get Book Here
Book Description
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. 1865 edition. Excerpt: ... MAXIM XCVII. Verba relata hoc maxime operantur per referentiam ut in eis in esse videntur: (Co. Litt. 359.)--Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the instrument referring to them; or, as the same maxim is otherwise more succinctly expressed, Verba illata in esse videntur: Words referred to are considered as incorporated. T DEGREESHIS rule applies as well to cases where a particular clause in an instrument refers to another clause in the same instrument; as. to parcels, schedules, plans. &c.. as it does to cases where reference is made in the instrument to some deed, plan, schedule, index, will, &c., altogether disconnected from the instrument in which the reference thereto is made. The following examples will suffice to show the meaning of the maxim. A deed referring to furniture, fixtures, machinery. &c.. in a schedule, being a totally distinct document, or to trusts declared in another deed; a deed whereof one clause, for brevity, refers to another clause with a mutatis mutandis; and affidavits referring to a deed, or other document, are all within the rule. Where a plea was verified by affidavit which referred to the plea, the plea being intituled in the cause, the affidavit was held sufficient, though not specially intituled in the cause. And in that case it was observed that the court generally requires the affidavit to be intituled in the cause, that it may be sufficiently certain in what cause it is. so as in case of need to admit an indictment for perjury: but that the affidavit in question referring to the pica as annexed, which plea was so intituled, it amounted to the same taxes whatsoever, and may render the under-lessee liable to rates for extraordi
Author: George Frederick Wharton
Publisher: Forgotten Books
ISBN: 9780364365755
Category : Law
Languages : en
Pages : 356
Get Book Here
Book Description
Excerpt from Legal Maxims, Vol. 1: With Observations and Cases There is a certain charm about a legal maxim. It seems to put so much wisdom in so few words and with so conclusive efl'ect. Having heard a maxim which applies to a given case, the case appears to be closed. It covers the ground, and silences controversy. The difiiculty about settling a question by this means is that we cannot always stop with one maxim. Generally several maxims are applicable. And the second demands usually a very different answer to the question from that given by the first. When legal maxims are invoked to determine a mooted point, the mind is in the condition of the oft-cited justice who, after hearing one Side, objected to hearing the other, because it unsettled his Opinion. Maxims have therefore always been peculiarly appropriate authorities nu der the systems derived from the Roman law, where a tribunal determines a case free from the embarrassments involved in settling or unsettling pre cedents, and needs chiefly to invoke a sound principle as a justification for an isolated decision. When the attempt is made, under our system of juris prudence, to solve a question by maxims, it usually results in resolving the question into another double question quite as debatable as the first, viz. Which of two maxims is properly applicable? For instance, Equality is equity, but on the other hand, He who is prior in time is stronger in right, and The law aids the vigilant, not the negligent. Upon almost every subject the maxims of jurisprudence balance themselves against each other in this way; and the function of justice is to hold the scales so that the preponderating principle shall determine the cause. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Clarke, firm, booksellers, Cincinnati
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 524
Get Book Here
Book Description
Author: George Frederick Wharton
Publisher:
ISBN:
Category : Legal maxims
Languages : en
Pages : 296
Get Book Here
Book Description
Author: Gentleman of the Middle Temple
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 438
Get Book Here
Book Description
Author: Banks & Bros., New York
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 248
Get Book Here
Book Description
Author: Law Society of Upper Canada. Library
Publisher: Society by C.B. Robinson
ISBN:
Category : Law
Languages : en
Pages : 404
Get Book Here
Book Description
Author: Great Britain
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
