Law Commons^™

Servitudes: Legal And Equitable, James O'Keefe Jr.

Student Theses

The purpose of this treatise is to trace the development, generally, of the law of "servitudes" from its early consideration through the different legal systems, up to the present period of legal history.

Injunctions In California, William Consiglia

Student Theses

No maxim is more firmly rooted in English and American
jurisprudence than the one which, given a free translation,
decries that, "no wrong shall exist without a remedy."
In conformity with the spirit of this ancient maxim, when
the English Lord Chancellors of former times found the
common-law writs inadequate to redress particular
grievance, they invented an extraordinary remedy
to which they afterwards frequently resorted, but
cautiously, to meet the exigencies of such cases as
they arose, to prevent hardship and injustice. They
viewed such extraordinary forms of relief very much
as the medical profession does poisonous antidotes,
to be …

Origin Of Equity Jurisdiction And Jurisprudence, Edward Murphy

Student Theses

Introductory Statement

It is not our purpose in this thesis to attempt a complete and detailed history of equity as it exists in England and in the United states. To do this would involve little more than a compilation of what has already been quite elaborately treated by some of the great legal minds of England and America.

We propose to treat rather of the nature of Equity as it existed in the Roman Law,its influence in the English law, the primitive condition of the law at the time of the origin of Equity, and of the causes which made …

Elements, Tests And Proofs Of A General Partnership, Paul Dias

Student Theses

This thesis, dealing with the above
mentioned elements, tests and proofs
of a general partnership, the author
will endeavor to show the relation of
these component elements in the
formation of such partnerships.

Applications Of Character Evidence In Civil And Criminal Cases, Gerald Chargin

Student Theses

The various rules of evidence which permit or exclude the
introduction of one's character or reputation, as possessing
probative value are all based upon a policy of the law, the
aim of which is to safeguard the courts against the risks of
erroneous verdicts. This policy assumes that truth in the long
run will best be attained by the exclusion of certain kinds
of evidence or if allowable, upon certain conditions imposed,
in order to guide the deliberations of the judge or juries to
just verdicts.

Ethical View Of Testamentary Rights Vs. The California Law, John Burnett

Student Theses

The right to make a will is essentially a property right. The entity with which a will is concerned is the testator's property and there is a very close relation between the right to acquire property when alive and the right to say who will get one 's property when one is gone.
Seeing, therefore, that wills and property are so closely allied, in order to better understand the ethical view of testaments and testamentary rights , it would be well to give a brief resume of the ethical view of property and property rights.

Modern Phases Of The Rule Against Perpetuities And Restraints Upon Alienation Applied To Entrusted Properties In The State Of California, Adolph Canelo

Student Theses

There is perhaps no legal subject more interesting nor important in the sphere of trust activity than the so-called "Rule against Perpetuities". This rule is colorful in its historical antecedents, and in its present form, as part and parcel of the common law, is the creature of necessity evolved to prevent property owners from placing their property perpetually beyond the reach of their descendants, or other beneficiaries. The doctrine compromises the conflict between those on the one hand who have amassed property, and who ftesire that the succeeding generations might enjoy the use and benefit thereof without possibility of the …