Cardinal Rules of Legal InterpretationStevens, 1908 - 674 pages |
From inside the book
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Page 6
... thing ; since it sometimes may happen that the judge may mistake the law . Upon the whole , however , we may take it as a general rule , that the decisions of courts of justice are the evidence of what is common law ' : in the same ...
... thing ; since it sometimes may happen that the judge may mistake the law . Upon the whole , however , we may take it as a general rule , that the decisions of courts of justice are the evidence of what is common law ' : in the same ...
Page 13
... thing which we are to extract from cases , and to apply it in the decision of other cases . " - Lord Walpole v . Earl of Cholmondeley ( 1797 ) , 7 T. R. 138 , at p . 148 , Lord Kenyon , C. J. 66 " It is the principle of the decision by ...
... thing which we are to extract from cases , and to apply it in the decision of other cases . " - Lord Walpole v . Earl of Cholmondeley ( 1797 ) , 7 T. R. 138 , at p . 148 , Lord Kenyon , C. J. 66 " It is the principle of the decision by ...
Page 17
... thing which we are to extract from cases , and to apply it in the decision of other cases . ' Lord Walpole v . Earl of Cholmondeley ( 1797 ) , 7 T. R. 138 , at p . 148 , Lord Kenyon , C. J. " With respect to the cases which have been ...
... thing which we are to extract from cases , and to apply it in the decision of other cases . ' Lord Walpole v . Earl of Cholmondeley ( 1797 ) , 7 T. R. 138 , at p . 148 , Lord Kenyon , C. J. " With respect to the cases which have been ...
Page 18
... thing in a judge's decision binding as an authority upon a subsequent judge is the principle upon which the case was decided ; but it is not sufficient that the case should have been decided on a principle if that principle is not ...
... thing in a judge's decision binding as an authority upon a subsequent judge is the principle upon which the case was decided ; but it is not sufficient that the case should have been decided on a principle if that principle is not ...
Page 27
... thing to upset any canon of construction or principle of law which has been settled for so long that people may be supposed to have acted according to it for a considerable time . But all these things must be governed , I think , by a ...
... thing to upset any canon of construction or principle of law which has been settled for so long that people may be supposed to have acted according to it for a considerable time . But all these things must be governed , I think , by a ...
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Common terms and phrases
Act of Parliament agreement alteration ambiguous appears applied ascertain Att.-Gen authority Beav binding Bing bound Brett canon of construction circumstances cited clause clear Coke common law considered construed according contrary Court of Appeal covenant decision deed delivering the judgment document domicil doubt Dublin mean duty Earl of Halsbury enactment English express foreign grammatical H. L. Cas implied inconsistent intention interpretation Jessel judges Judicial jurisdiction jury justice L. J. Ch L. J. Ex laid language legislation legislature lex fori Lindley Lord Alverstone Lord Blackburn Lord Esher Lord Halsbury Lord Tenterden matter maxim meaning ment operation ordinary parol particular parties passed persons preamble primâ facie principle provisions purpose question Rail reason recital reference regard remedy repeal repugnant rule of construction rule of law sense statute subject-matter taken technical thing tion true unless usage Vict words written instruments
Popular passages
Page 486 - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
Page 628 - An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Page 506 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 179 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 635 - ... affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed...
Page 603 - ... unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description...
Page 59 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 604 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 420 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 609 - And by sect 21. it is enacted, " that " no obliteration, interlineation, or other " alteration made in any will after the " execution thereof shall be valid or " have any effect, except so far as the " words or effect of the will before such " alteration shall not be apparent...