Commentaries on American law, Svazek 1

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W. Kent, 1854
 

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Obsah

Of the appointment tenure and support of the judges 811
319
Jurisdiction of the Supreme Court 823
329
Jurisdiction of the District Courts
332
Jurisdiction of the auxiliary State Courts
335
Of attorneys and counsel
336
Of clerks
338
Its original jurisdiction
343
Its appellate jurisdiction in cases pending in State Court
345
Its powers in cases of mandamut 850
354
Its appellate jurisdiction to matter appearing on record 855
356
Of the jurisdiction of the Federal Courts in respect to the Common Law and in respect to Parties
360
Common law jurisdiction in criminal cases Id
366
Common law jurisdiction in civil cases
370
Jurisdiction when an alien is a party
374
Jurisdiction between citizens of different states
375
Jurisdiction when a state is interested
381
Of the District and Territorial Courts of the United States 884
384
Of the District Court as a Prize Court
387
Its admiralty criminal jurisdiction
390
Limits of its admiralty jurisdiction
398
Jurisdiction as an Instance Court of Admiralty
410
Civil jurisdiction of the District Courts
418
Territorial Courts of the Uuited States
421
Of the Concurrent Jurisdiction of the State Governments
426
Of concurrent powers of legislation Id
434
Of Constitutional Restrictions on the Powers of the States
447
Of bills of credit
448
Ex post facto laws
450
The states cannot control the exercise of federal power
451
Nor impair the obligation of contracts
466
Nor pass naturalization laws
467
Nor tax national banks or stocks
468
Nor exercise power over ceded places
472
Power to regulate commerce
475
Progress of the national jurisprudence
486

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Strana 509 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Strana ii - States entitled an act for the encouragement of learning hy securing the copies of maps, charts and books to the author., and proprietors of such copies during the times therein mentioned, and also to an act entitled an act supplementary to an act, entitled an act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned and extending the benefits thereof to the arts of designing, engraving and...
Strana 297 - The person having the greatest number of votes as Vice-President shall be the Vice-President. if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of...
Strana 330 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.
Strana 500 - So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Strana 652 - States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7.
Strana 326 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Strana 499 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the Legislature, repugnant to the Constitution, is void.
Strana 43 - ... provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Strana 627 - In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

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