Legal Methods: A Guide for Paralegals and Law Students

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Llumina Press, 2005 - 276 Seiten
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No one can know all the law, but one can learn to use it. Distilling many years of law school and practice, this guide for legal professionals teaches how lawyers lawyer - that is, analyze, interpret and apply laws.
 

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Inhalt

PREFACE v
1
INTRINSIC GUIDES TO INTERPRETATION
26
INTRINSIC GUIDES TO INTERPRETATION
50
EXTRINSIC GUIDES TO INTERPRETATION
83
CASE LAW
121
METHODS OF ANALYSIS AND ARGUMENT
157
CONTRACTS
188
APPENDIX ACASES FOR ANALYSIS
227
APPENDIX BHENNINGSEN v BLOOMFIELD MOTORS
242
APPENDIX CTHE PAROL EVIDENCE RULE
256
Urheberrecht

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Seite 4 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Seite 7 - What constitutes the law? You will find some text writers telling you that it is something different from what is decided by the courts of Massachusetts or England, that it is a system of reason, that it is a deduction from principles of ethics or admitted axioms or what not, which may or may not coincide with the decisions. But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts...
Seite 15 - This original and supreme will organizes the government and assigns to different departments their respective powers. It may either stop here or establish certain limits not to be transcended by those departments.
Seite 16 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.

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