[References are to sections.] CONSTITUTIONAL LIMITATIONS (continued)- privileges and immunities of citizens of the states, 238-256. duties on imports and exports, 352–362. tonnage duties, 363-374. effect of the late amendments, 100, 178–208. did not change scheme of government, 189. CONTRACT- defined, 332-335. charters of private corporations, 333. construction of legislative grants, 334. marriage, 335. obligations of defined, 335. obligations of, not to be impaired, 329-348, 677–686. changing remedy, 337, 338. changing statute of limitation, 339. judgment for tort, 340. withdrawing power of taxation, 341. increasing exemptions, 342. laws altering terms of contracts, 343-347. inhibition prospective only, 348. Virginia tax and coupon cases, 677-681. CORPORATIONS- charters of contracts, when, 333, 334. when regarded as citizens, 296, 300, 712-714, 725. when not regarded as citizens, 252, 268. foreign, citizen of country creating it, 725. service of process on, 934, 1008, 1009. COVENANT- action of, 906. CRIMINAL LAW- grand jury, 133. felony, 136. indictment, 132–137. necessity of, 4, 132–136. exception, 137. cannot be amended, 134. sufficiency of, 142. infamous crime defined, 135. right to trial by jury, 138, 139. speedy and public trial, 140. confronted with the prosecuting witnesses, 143, 144. [References are to sections.] CRIMINAL LAW (continued)- compulsory process for witnesses, 145. cruel and unusual punishment, 146, 147. trial on defective indictment, 149, 150. self-accusation, 122-131. unreasonable search and seizure, 121. defined, 157. D. DAMAGES- exemplary, 691, 730, 731. DEBT- element in case arising under constitution, 691. action of, 616, 618, 739, 907. DECLARATION, COMPLAINT OR PETITION- must conform to state pleading, 982. must state a common-law cause of action, 985 986. DEFENSES OF DEFENDANT- must conform to state pleading, 1034. exception, 1034. requisites of, 1025-1041, 1044. DEMURRER- office of. 1028. to evidence, 1090. DEPOSITION- admissible, when, 937, 1071, 1072. how taken, 1073. motion to suppress, 1074. DISTINCTION BETWEEN LAW AND EQUITY- in the federal courts, 163, 164, 506, 831-833, 887, 897, 930-932, 978- DISTINCTION BETWEEN LEGAL AND EQUITABLE REMEDIES- DISTRICT COURTS- admiralty jurisdiction of, 506–604. common law and equity jurisdiction of, 605-652. [References are to sections.] DOCUMENTARY EVIDENCE- how produced, 938, 1078-1085. subpoena duces tecum, 1084, 1085. papers from general land office, 1085. DUAL SYSTEM OF GOVERNMENT- created by the constitution, 16–63. attributes of sovereignty divided, 17, 18-22, 179-181. DUE PROCESS OF LAW- of the United States, 111-120. of the states, 289-298. judicial procedure, 269-280.` E. EJECTMENT- action of, 858-883, 916, 917. legal title necessary to maintain, 859-862, 868-875. equitable title no defense, 876-880. EMINENT DOMAIN- constitutional guaranties, 172-176, 281-286. what is a public use, 173. whether taking is for public use presents a federal question, 282- 286. compensation, 176, 284, 285. mode of procedure, 175. EQUAL PROTECTION OF THE LAWS- secured by the fourteenth amendment, 299-324. corporations protected by the inhibition, 300, 319. civil rights, 319-324. EVIDENCE- production of, 937, 938, 1070-1085. competency of witnesses, 1069. depositions, 1071-1074. documentary evidence, 938, 1078-1085- subpoena, 1070. duces tecum, 1084, 1085. surgical examination, 1075, 1076. cross-examination, 1077. [References are to sections.] EVIDENCE (continued) — introduction of evidence, 1086. order of proof, 1086. objections to evidence, 1087-1089. EXCEPTIONS- to rulings of the court, 1138-1154. EXECUTION- state laws control, 942, 943, 1127, 1128. run into all districts in the state, 1128. EX POST FACTO LAWS- inhibited, 155–162. defined, 157. reason for inhibition, 156. change in the law of procedure, 158-162. F. FEDERAL ADMINISTRATION OF STATE LAWS- two systems of law administered in federal courts, 64-69. rules of property, 80. statutes of frauds, 82, 83. statutes of limitations, 81. recording acts, 84. creation of corporations, 85. when United States supreme court follows state decisions, 75-93. construing state tax laws, 78. will not when federal question involved, 76, 93. principles of general law, 86-90. commercial law, 87. insurance, 88. negligence, 86. common law, 89. [References are to sections.] FEDERAL ADMINISTRATION OF STATE LAWS (continued) — when will not, 93. FEDERAL GOVERNMENT- created by the federal constitution, 17, 18, 381, 1002. deduced from a group of specified powers, 26. meaning of implication, 24. national in character, 21, 22. supremacy of, 17. does not possess all the attributes of sovereignty, 20. FEDERAL JUDICIARY- judicial power requisite to existence of government, 375-380. created by the constitution, 381. limits of defined in constitution, 382, 383. distribution of judicial power to supreme court, 384. independence of, 387. courts constituting the system, 391, 392. organized, 388-390. jurisdiction co-extensive with legislative power, 376, 393, 656,.657. a new political principle, 657. distinction between judicial power and jurisdiction, 658. necessary to maintain supremacy of the constitution, 394-397. relation of to domestic tranquility, 399. relation of, to state judiciary, 402-405. one system for some purposes, 405. power to declare state law void, 69. FEDERAL PROCEDURE IN SUITS AT COMMON LAW- rules derived from common law, 921, 922. rules derived from federal constitution, 921, 922. rules derived from federal statutes, 921, 922, 934. rules derived from state procedure, 921-946, 967-972, 980, constitutional limitations upon, 94-177. due process of law, 111-120. eminent domain, 172-175 jury trial, 163–171. |