Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, 3권

앞표지
Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1914
 

다른 사람들의 의견 - 서평 쓰기

서평을 찾을 수 없습니다.

목차

Intent distinguished from motive
26
CHAPTER IV
28
Ignorance or mistake of fact
29
Infancy
30
Insanity
31
Same subjectDelusions
32
Same subjectIrresistible impulse
33
Same subjectBurden of proof 28 Intoxication
34
Same subjectAs affecting specific intent 30 Incorporation
37
CHAPTER V
39
Prevention of crime
40
Domestic authority
41
Defense of property 36 Selfdefense
42
Same subjectDuty to retreat Same subjectKilling by aggressor
45
Same subjectReality of danger
46
Defense of others
47
CHAPTER VI
48
Same subject
49
Responsibility of accomplices
51
Accessory before the fact
53
Accessory after the fact
54
What makes one an accessory after the fact
55
Principal and agent
56
Same subjectUnder statutes
58
CHAPTER VII
59
Physical inability to commit crime intended
61
Same subjectMeans not adapted to
62
Same subjectLegal inability 56 Solicitation
63
Conspiracy
64
Compounding a crime and bribery
65
PART III
66
Maintenance and champerty
67
Profane swearing and enchantment 60 Simony and Sabbathbreaking
68
Same subjectLawful assembly
69
Indecency and immorality
70
CHAPTER X
72
OFFENSES AGAINST PUBLIC HEALTH POLICE AND ECONOMY 71 Acts affecting public health
81
Bigamy
82
Same subjectValidity of marriageDivorce
83
Same subjectMarriage after a period of absence
84
Same subjectIntent necessary in bigamy
85
Incest 77 Sodomy and buggery
87
Fornication
88
CHAPTER XI
89
Same subject Present ability
90
Same subjectIntent
91
Aggravated assault
93
CHAPTER XII
94
Same subjectIntent
95
Force in excess of consent
97
Fraud in obtaining consent
98
CHAPTER XIII
99
Same subjectForce must be unlawful
101
CHAPTER XIV
102
Same subjectConsent
103
Same subjectAnother view
105
Same subjectIncapacity to consent
106
Doctrine of resistance
107
CHAPTER XV
109
Suicide
110
The act causing death
111
Concurring acts or omissions
112
Distinction between cause and condition
113
Same subjectWound and disease
114
Same subjectWounds independently inflicted
115
The person killed
117
CHAPTER XVI
118
Intent to kill
119
SECTION PAGE 109 Killing in commission of a felony
120
Killing an officer
121
Degrees of murder
122
CHAPTER XVII
124
Words in connection with conduct as a provocation
126
Assault or battery as a provocation
127
Adultery as a provocation
128
Trespass as a provocation
129
Other circumstances rebutting malice
131
Passion or hot blood
132
Kinds and degree of passion
133
Cooling time
134
CHAPTER XVIII
136
Killing in games
137
Nature of the unlawfulness of the act
139
Killing in the prosecution of a lawful act
140
Killing through neglect of moral duty
141
Killing through neglect of legal duty
142
CHAPTER XIX
143
The carrying away of the goods
144
SECTION PAGE 134 Use of an innocent agent
145
The trespass
147
When owner had no possession
148
Larceny by a servant
149
Custody distinguished from possession
150
Continuing trespass
151
Larceny by bailee
152
Breaking bulk
154
When owner parts with title
155
Larceny of lost property
156
Same subjectIdentifying marks
157
Larceny of mislaid property
158
Larceny of goods delivered by mistake
159
CHAPTER XX
161
Same subjectWhen severed 150 Animals as subject of larceny
162
Same subjectReducing to possession
163
Valueless goods as subject of larceny
164
Ownership of the property
165
Same subjectJoint ownership
166
CHAPTER XXI
167
Same subjectTo convert
168
Same subjectTo compel reward
170
Same subjectLucri causa
171
Larceny from the person
172
Larceny in a building
174
CHAPTER XXII
176
Possession of the property
177
Receipt of the property
178
Persons embraced in the statutes
180
The property embezzled
181
The intent 169 Statutory larceny by bailee
182
CheatingElements of the crime
184
Same subjectUse of false tokens
185
CHAPTER XXIII
187
The interest acquired
190
A promise as a pretense
192
Representation as to the future
193
Statement of intention opinion and belief
195
Puffing statements
197
Statements as to quality
199
Statements as to ability
200
Tendency of the statement to deceive
201
Effectiveness of the pretense
202
Remoteness of the pretense
204
The intent to defraud
205
The intent to obtain the property
206
CHAPTER XXIV
208
Obtaining possession
210
SECTION PAGE 191 From whom received
211
Knowledge
212
Intent
213
CHAPTER XXV
214
Same subjectTaking out of sight of owner 197 Taking by violence
216
Same subjectResistance by owner
217
Putting in fear
218
Same subjectFear of prosecution
220
CHAPTER XXVI
222
The breaking by fraud 204 The entryBy the person
224
The entryBy an instrument
225
Time and place of entry
226
The place entered
227
Same subjectNecessity for occupancy
228
Same subjectOccupancy abandoned 210 Same subjectIntention to return
229
Same subjectOwnership 212 Same subjectDouble character of occupancy
231
Same subjectOutbuildings
232
The intent
233
The time
234
CHAPTER XXVII
236
The act necessary
246
Same subjectAlteration of instrument
247
Same subjectFalse signing
248
Same subjectSigning as agent
249
The intent
250
Uttering a forged instrument
251
CHAPTER XXIX
252
Publication
254
Privileged communications
256
Bibliography
258
LAW OF CRIMINAL PROCEDURE INTRODUCTION SECTION PAGE 1 Criminal procedureMeaning of
259
Sources of our law
261
CHAPTER I
263
Place of the offense
264
Jurisdiction of the person
265
What courts have jurisdictionIn general
266
Same subjectState courts
267
Same subjectFederal courts
268
No jurisdiction by consent
269
Particular offenses
270
Change of venue
271
CHAPTER II
273
Affidavit and warrant
274
Arrest
275
Extradition
277
Same subjectForeign extradition
279
Preliminary examinations
280
Commitment and bail
281
Trials by inferior courts
283
INDICTMENTS AND INFORMATIONS SECTION PAGE 23 Definitions
285
The grand jury
286
General requirements of indictments
287
Same subjectCommencement
288
General rules of pleadingCertainty
289
Same subjectPositiveness
290
Same subjectLanguageAbbreviationsErasures
291
Particular allegationsIn general
292
Time and place
293
Then and there
295
Words of art
297
Negativing provisos or exceptions
298
Describing property
299
Written instruments
300
Joinder of offenses
301
Surplusage
302
Amendments
303
Forms
304
CHAPTER IV
305
Preliminary motions and pleas
307
SECTION PAGE 55 Plea to jurisdiction
308
Demurrer
309
Plea in abatement
310
Same subjectAutrefois acquit
311
Same subjectAutrefois convict
312
Entry of nolle prosequi or dismissal
313
Rights of the accused before the trial
314
Impanelling and challenging
316
Swearing the jury
317
CHAPTER V
318
Confronting witnesses
319
Witness against himself
320
As to separate trial
322
The evidence
323
Burden of proofReasonable doubt
324
Charging the jury
325
Supervision and conduct of the jury
327
The verdict
328
Polling the jury
329
CHAPTER VI
330
Necessity of motion
331
Sentence
332
SECTION PAGE
333
LAW OF PERSONS AND DOMESTIC
341
Same subjectRight to chastise
347
Cases where the parent is not entitled to earnings
353
SPECIAL RELATIONSHIPSTORTS
360
PART II
366
RatificationOnly made after majority
375
Where the Infant Takes the Initiative
385
Same subjectEstoppel
391
Same subject_Capacity of third persons to avail
397
CHAPTER V
403
INFANTS POWERS LIABILITIES AND DISABILITIES 55 Infants responsibility for crimes
407
Power of infant to make will
408
PART III
409
The executory agreement to marry
410
Breach of promise
412
Circumstances excusing a breach of contract
413
Void and voidable marriages
416
Elements essential to a valid marriage
417
Relationship as a disqualification
418
Civil or social position as a disqualification
419
Mental capacity
420
Physical capacity
421
Proper age
422
Force fraud and error may invalidate a marriage
424
Proper celebration of the marriage
427
Same subjectStatutory formalities
429
Same subject_Consent of parents
431
The family
432
Mutual duties
434
SECTION PAGE 79 Domicile
435
Mutual rights of society and companionship
436
Support and service
437
Husband and wife as witnesses
438
CHAPTER VIII
440
Same subjectChoses in action
441
In equityReal estatePersonal estate
442
Under statute
446
Earnings services and societyThe husbands right at common law
447
Same subjectUnder statute
450
Same subjectThe wifes right
452
Same subjectEmancipation
453
Antenuptial torts and contracts and postnuptial torts of wifeAs to tortsAt common law
454
Same subjectStatutory changes
455
CHAPTER IX
457
Wifes right to sue husband for necessaries
459
Changes produced by statute
460
CHAPTER X
462
Under statute
464
CONVEYANCES AND DEVISES BY MARRIED WOMEN
467
DevisesAt common law
475
95
480
Suits between husband and wifeAntenuptial lia
481
ESTATES BY ENTIRETIES
487
Same subjectDesertion
493
Same subjectTemporary
499
Bibliography 507
507
Leading Illustrative Cases Table of Contents
531
LEADING ILLUSTRATIVE CASES
539
PART II
545
TITLE OF CASE PAGE
552
CHAPTER IV
559
State
570
State
577
State
583
State
591
SPECIFIC CRIMES
593
CHAPTER XV
599
Winthrop
607
People
613
CHAPTER XVII
621
OBrien
627
LARCENY
630
CHAPTER XXII
651
CHAPTER XXIV
658
TITLE OF CASE PAGE
720
Wiley
727
Miscellaneous
743
Alabama
749
CHAPTER VIII
760
CHAPTER IX
768
CONVEYANCES AND DEVISES OF MARRIED WOMEN
783
CHAPTER XVI
789
1
791
저작권

기타 출판본 - 모두 보기

자주 나오는 단어 및 구문

인기 인용구

753 페이지 - Territory in the United States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute ordinance, regulation, or custom, to the contrary notwithstanding.
325 페이지 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
32 페이지 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
753 페이지 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
744 페이지 - Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators -or other tribunals, or providing or changing methods for the collection of debts...
745 페이지 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
567 페이지 - For example, if under the influence of his delusion he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defense, he would be exempt from punishment.
619 페이지 - No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition.
776 페이지 - ... other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only means by which they can be satisfied.
612 페이지 - ... is apt to lead one, a principle of malevolence to particulars ; for the law, by the term malice, malitia, in this instance, meaneth that the fact hath been attended with such circumstances as are the ordinary symptoms of a wicked heart regardless of social duty, and fatally bent upon mischief.

도서 문헌정보