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Riggs V. Palmer
''Riggs v. Palmer'', 115 N.Y. 506 (1889), is an important New York state civil court case, in which the Court of Appeals of New York issued an 1889 opinion. ''Riggs'' was an example of the judiciary using the " social purpose" rule of statutory construction, the process of interpreting and applying legislation. Facts In ''Riggs'', a probate suit, the plaintiffs, Mrs. Riggs and Mrs. Preston, sought to invalidate the will of their father Francis B. Palmer; testated on August 13, 1880. The defendant in the case was Elmer E. Palmer, grandson to the testator. The will gave small legacies to two of the daughters, Mrs. Preston and Mrs. Riggs, and the bulk of the estate to Elmer Palmer to be cared for by his mother, Susan Palmer, the widow of a dead son of the testator, until he became of legal age. Knowing that he was to be the recipient of his grandfather's large estate, Elmer, fearing that his grandfather might change the will, murdered his grandfather by poisoning him. The plaintif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals Of New York
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. It consists of seven judges: the chief judge and six associate judges, who are appointed by the governor and confirmed by the state senate to 14-year terms. The chief judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the chief judge of the State of New York. The Court of Appeals was founded in 1847 and is located in the New York Court of Appeals Building in Albany, New York. Nomenclature New York uses an unusual nomenclature for its state courts. In the federal court system and in all other U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its lower courts the "Supreme Court". In New York, the "Supreme Court" consists of the trial court and the intermediate appellate court, which is called the "Appellate Division" of the Supreme Court. The highest New York state court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Concept Of Law
''The Concept of Law'' is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. ''The Concept of Law'' presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy. Hart sought to provide a theory of descriptive sociology and analytical jurisprudence. The book addresses a number of traditional jurisprudential topics such as the nature of law, whether laws are rules, and the relation between law and morality. Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers". Hart's book has remained "one of the most influential texts of analytical legal philosophy", as well as "the most successful work of analytical jurisprudence ever to appear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1889 In New York (state)
Events January * January 1 ** The total solar eclipse of January 1, 1889 is seen over parts of California and Nevada. ** Paiute spiritual leader Wovoka experiences a Vision (spirituality), vision, leading to the start of the Ghost Dance movement in the Dakotas. * January 4 – An Act to Regulate Appointments in the Marine Hospital Service of the United States is signed by President Grover Cleveland. It establishes a Commissioned Corps of officers, as a predecessor to the modern-day U.S. Public Health Service Commissioned Corps. * January 8 – Herman Hollerith receives a patent for his electric tabulating machine in the United States. * January 15 – The Coca-Cola Company is originally Incorporation (business), incorporated as the Pemberton Medicine Company in Atlanta, Georgia (U.S. state), Georgia. * January 22 – Columbia Phonograph is formed in Washington, D.C. * January 30 – Mayerling incident: Rudolf, Crown Prince of Austria, and his mistress Baroness Mary Vetsera co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1889 In United States Case Law
Events January * January 1 ** The total solar eclipse of January 1, 1889 is seen over parts of California and Nevada. ** Paiute spiritual leader Wovoka experiences a vision, leading to the start of the Ghost Dance movement in the Dakotas. * January 4 – An Act to Regulate Appointments in the Marine Hospital Service of the United States is signed by President Grover Cleveland. It establishes a Commissioned Corps of officers, as a predecessor to the modern-day U.S. Public Health Service Commissioned Corps. * January 8 – Herman Hollerith receives a patent for his electric tabulating machine in the United States. * January 15 – The Coca-Cola Company is originally incorporated as the Pemberton Medicine Company in Atlanta, Georgia. * January 22 – Columbia Phonograph is formed in Washington, D.C. * January 30 – Mayerling incident: Rudolf, Crown Prince of Austria, and his mistress Baroness Mary Vetsera commit a double suicide (or a murder-suicide) at the Mayerling hunting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York State Case Law
New or NEW may refer to: Music * New, singer of K-pop group The Boyz * ''New'' (album), by Paul McCartney, 2013 ** "New" (Paul McCartney song), 2013 * ''New'' (EP), by Regurgitator, 1995 * "New" (Daya song), 2017 * "New" (No Doubt song), 1999 * "new", a song by Loona from the 2017 single album '' Yves'' * "The New", a song by Interpol from the 2002 album ''Turn On the Bright Lights'' Transportation * Lakefront Airport, New Orleans, U.S., IATA airport code NEW * Newcraighall railway station, Scotland, station code NEW Other uses * ''New'' (film), a 2004 Tamil movie * New (surname), an English family name * NEW (TV station), in Australia * new and delete (C++), in the computer programming language * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, an American organization * Newar language, ISO 639-2/3 language code new * Next Entertainment World, a South Korean media co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, and share a subsequent history with countries across the Commonwealth of Nations, Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as Equity (law), equity. Historically, trusts have mostly been used where people have left money in a Will (law), will, or created family settlements, Charities in English law, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slayer Rule
The slayer rule, in the U.S. law of inheritance, stops a person inheriting property from a person they murdered (so that, for example, a murderer cannot inherit from parents or a spouse they killed). While a criminal conviction requires proof beyond a reasonable doubt, the slayer rule applies to civil law, not criminal law, so the petitioner must only prove the murder by a preponderance of the evidence, as in a wrongful death claim meaning on the civil standard of proof of the balance of probability. Hence, even a slayer who is acquitted of the crime of murder can lose the inheritance by the civil court running the estate. So far, 47 states have codified the slayer statute, either by adopting the Uniform Probate Code (UPC) or a version of the code that includes the slayer statute. Statutory response to slayers At common law, American courts used two different theories when dealing with early slayer cases. Some courts would disinherit the slayer because of the public policy pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taking Rights Seriously
''Taking Rights Seriously'' is a 1977 book about the philosophy of law by the philosopher Ronald Dworkin. In the book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in ''The Concept of Law'' (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps" against the interests or wishes of the majority. Most of the book's chapters are revised versions of previously published papers. In addition to his critique of legal positivism and utilitarian ethics, Dworkin includes important discussions of constitutional interpretation, judicial discretion, civil disobedience, reverse discrimination, John Rawls' theory of justice, and the Hart– Devlin debate on legislating morality. A revised edition of book, which includes a lengthy reply by Dworkin to his critics, was published in 1978. Further reading * Ronald Dworkin, ''Law's Empire ''Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law's Empire
''Law's Empire'' is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H. L. A. Hart during the middle to late 20th century. The book introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules. Background Much of the twentieth century in legal philosophy has been characterized by the confrontation of legal positivism with natural law theory as being a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with theories such as natural law, which hold that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity. Thomas Hobbes defined law as the command of the sovereign. This idea was elaborated in the 18th and 19th centuries by legal philosophers such as Jeremy Bentham and John Austin (legal philosopher), John Austin, who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign, is generally obeyed by the people, and is backed up by sanctions. Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Earl (judge)
Robert Earl (September 20, 1824 – December 2, 1902 Herkimer) was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals in 1870 and 1892. Early life He was born on September 20, 1824, in the Town of Herkimer, in Herkimer County, New York. He was educated at the Herkimer Academy, and graduated from Union College in Schenectady in 1845. After graduation, he became Principal of Herkimer Academy, and at the same time studied law with Charles Gray in Herkimer. He was admitted to the bar in 1848, and practiced in partnership with his brother Samuel in their law firm in the Village of Herkimer, S. & R. Earl. As a young lawyer, Earl was active in local politics and civic affairs. In 1849, he acquired a weekly newspaper, the ''"Herkimer Democrat"'', and served as its editor and publisher. In the same year, he was elected a supervisor of Herkimer, then trustee of the village, and again supervisor in 1860. He was also elected First Judge a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H. L. A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact". According to a survey in '' The Journal of Legal Studies'', Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 ye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
