American Law and Procedure, Volume 12

Capa
James Parker Hall, James De Witt Andrews
La Salle Extension University, 1911
 

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a Children of diplomatic representatives
70
CHAPTER V
86
Early definition
92
Later definition 110 What is a mitigation of punishment
94
111 Changes in procedure
95
112 Retroactive qualifications for a profession
96
Ex post facto if unreasonable
98
SECTION 2
99
115 Purely personal
100
117 Secures immunity only in the immediate jurisdiction
101
119 Extends to the mails
102
120 Forbids general warrants
103
SECTION 4
104
123 Misdemeanors may be tried without jury
105
125 Grand juries
106
127 Excessive bail and fines
107
Double jeopardy
109
130 General requisites of due process in procedure
111
Exercise of legislative power by boards
118
139 Kind of notice required
124
CHAPTER VIII
131
149 Application of these guarantees to corporations
138
152 Public health
140
153 Public morals
141
154 Public safety
143
Licensing occupations
144
SECTION 3
145
159 Protection against fraud
146
161 Business affected with a public interest
148
162 Regulation of corporations
150
164 Compelling joint action to improve property
151
Special liabilities due to nature of business
152
167 Retroactive laws
153
SECTION 4
155
169 Illustrations
156
170 Prima facie rules of evidence
157
CHAPTER IX
158
173 Real estate and chattels
159
174 Corporate assets
160
Corporate assets in several states
161
Debts
163
177 Documentary evidence of debts or property
164
178 Credits employed in business
165
179 Shares of stock
166
180 Franchises
167
181 Situs of property for inheritance taxes
169
Domestic property of resident decedent
170
Domestic property of nonresident decedent
171
185 Foreign property of nonresident decedent
173
187 Objects not in fact of public benefit
175
189 Supplying needs for which private enterprise is inadequate
177
190 Influence of historical considerations
180
Discharging moral obligations of government
181
193 Pensions
183
SECTION 3
184
197 Municipal taxing district may be created for special purpose
185
198 IllustrationsLimits of doctrine
186
199 Theory of local assessments
188
Exceptions and qualifications
189
201 Different kinds of taxes
191
Limitations
193
Illustrations
195
205 Progressive taxation
196
206 Confiscatory taxation 1974
197
CHAPTER X
199
208 Various interferences with property distinguished from eminent domain
200
209 What is a public use
201
Illustrations
203
Esthetic purposes
205
214 What amounts to a taking of property
207
215 Physical occupation of property
208
227 What acts of impairment are forbidden
220
228 What is a contract
221
Grants
222
Corporation charters
224
231 What is the obligation of a contract
225
232 Impairment of remedies for breach of contract
227
Municipal bond cases
229
No taxing officers
230
Abolition of indebted municipality
231
235 Valid changes in remedies
232
236 Special charter privileges as contracts
233
237 Qualifications of this doctrine
234
238 Strict construction of special privileges
235
Special privileges construed nontransferable
237
240 Certain legislative powers unrestrainable by contract Regulation of public morals
238
Public health and safety 240
240
Important administrative and economic interests
241
243 Private contracts that affect the public
243
244 Reserved power of states to repeal corporate charters
244
245 Protection of property acquired before repeal
245
246 Effect of state bankruptcy laws
246
246a Foreign suit on contract
247
Foreign contracts
248
PART III
249
250 Implied powers
251
252 Exclusive and concurrent powers
253
253 Purposes for which Federal powers may be exercised
255
254 Prohibitions upon the exercise of Federal powers
257
CHAPTER XIII
259
258 Federal sovereignty in territories
260
259 Application in territories of constitutional prohibitions
261
260 Spanish cessions of 1898Power to acquire unin corporated territory
263
261 Territorial classification of Federal jurisdiction
265
262 Prohibitions applicable in states and incorporated ter ritories
266
264 Unincorporated territory
267
265 Foreign territory temporarily occupied
270
266 Foreign consular jurisdiction
271
268 Can new states be admitted with powers less than those of other states
272
CHAPTER XIV
274
Commerce clause
283
232
290
287 Taxes upon sales
291
Services
297
Vol X
299
CHAPTER XV
308
311 Same continued
314
318 Bankruptcy
320
Intergovernmental Relations
335
355 Original and appellate jurisdiction
353
356 Exclusive and concurrent jurisdiction
354
After trial
356
359 Federal questions
357
360 Habeas corpus proceedings
358
361 Suits between states
359
362 Suits between states and the United States
360
No Federal common law
361
Questions of local common law
362
Questions of general or commercial common law
363
States statutes
364
SECTION 2
365
369 Chisholm v Georgia Eleventh Amendment 366 hen 370 Repudiation of state debts
366
371 Suits between states upon bond debts
367
Suits against municipal corporations Setoff against state
368
Suits against state by its own citizens
369
a For illegal official act
370
b To prevent illegal official act
371
c To compel official act
372
377 General prineiple involved 378 Enjoining suit on behalf of state
373
Appendix A Questions
376
Appendix B United States Constitution
392
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Página 399 - Congress shall make. §3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Página 391 - President pro tempore in the absence of the Viee-President, or when he shall exercise the office of President of the United States. § 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States...
Página 395 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. § 3. No bill of attainder or ex post facto law shall be passed. §4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Página 252 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Página 392 - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Página 272 - Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Página 392 - The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time, by law make or alter such regulations, except as to the places of choosing senators.
Página 41 - ... it rests with congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, congress must necessarily decide what government is established in the State before it can determine whether it is republican or not. And when the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized...
Página 60 - In this connection it is proper to state that civil rights, such as are guaranteed by the Constitution against State aggression, cannot be impaired by the wrongful acts of individuals, unsupported by State authority in the shape of laws, customs, or Judicial or executive proceedings.
Página 399 - The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

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