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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 plainti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals Of New York
The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. The Court of Appeals consists of seven judges: the Chief Judge of the New York Court of Appeals, Chief Judge and six Associate Judges who are appointed by the Governor of New York, Governor and confirmed by the New York State Senate, 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. Its 1842 Neoclassical architecture, Neoclassical New York Court of Appeals Building, courthouse is located in New York's capital, Albany, New York, Albany. Nomenclature In the Federal judiciary of the United States, Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial court, trial and intermediate appellate cour ... [...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 text of analytical legal philosophy", as well as "the most successful work of analytical jurisprudence ever to appear in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1889 In New York (state)
Events January–March * 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 5 – Preston North End F.C. is declared the winner of the inaugural Football League in England. * 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 – Rudolf, Crown Prince of Austria and his mist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1889 In United States Case Law
Events January–March * 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 5 – Preston North End F.C. is declared the winner of the inaugural Football League in England. * 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 – Rudolf, Crown Prince of Austria and his mist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state) State Case Law
New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * ''New York'' (1916 film), a lost American silent comedy drama by George Fitzmaurice * ''New York'' (1927 film), an American silent drama by Luther Reed * ''New York'' (2009 film), a Bollywood film by Kabir Khan * '' New York: A Documentary Film'', a film by Ric Burns * "New York" (''Glee''), an episode of ''Glee'' Literature * ''New York'' (Burgess book), a 1976 work of travel and observation by Anthony Burgess * ''New York'' (Morand book), a 1930 travel book by Paul Morand * ''New York'' (novel), a 2009 historical novel by Edward Rutherfurd * ''New York'' (magazine), a bi-weekly magazine founded in 1968 Music * ''New York EP'', a 2012 EP by Angel Haze ** "New York" (Angel Haze song) * ''New York'' (album), a 1989 album by Lou Reed ... [...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. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the 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. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, 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, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...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. 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 principle that a slayer should not profit from his crime (No Profit theory). No Profit theory In ''Mutual Life v. Armstrong'' (1886), the first American case to co ... [...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. See also * Ronald Dworkin, ''Law's Empire ''Law's Empire ... [...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 among ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's popul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American 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, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
