IRREGULARITIES, in judicial proceedings, not inquirable into on habeas corpus, 430, 431. waiver of, 511. may be cured by retrospective legislation, 462-479. IRREPEALABLE LAWS, legislature cannot pass, 152-154, 347. Parliament cannot bind its successors, 153. laws which constitute contracts are inviolable, 154. whether essential powers of government can be bartered away, municipal corporations cannot adopt, 251-253. 341-346, J. JEOPARDY, party not to be twice put in, for same cause, 403–406. when jury may be discharged without verdict, 405. second trial after verdict set aside, 405, 406. acquittal on some counts is a bar pro tanto to new trial, 406. duplicate punishments under State and municipal laws, 242. is a public record, 164. is evidence whether a law is properly adopted, 165. JUDGE, disqualification of interest, 514-516. not to urge opinion upon the jury, 397. JUDGE-MADE LAW, objectionable nature of, 69, n. JUDGMENTS, conclusiveness of those of other States, 22. general rules as to force and effect, 57-66. must apply the law in force when rendered, 477. are void if jurisdiction is wanting, 479, 499, 508, 516. (See JUDICIAL PROCEEDINGS; JURISDICTION.) JUDICIAL DECISIONS, of federal courts conclusive on questions of federal jurisdiction, 15. general rules as to force and effect of, 57-66. JUDICIAL POWER, of the United States, 26. (See COURTS OF THE UNITED STATES.) not to be exercised by State legislatures, 104, 157, 492, 758. declaratory statutes not an exercise of, 112-115. is apportioned by legislature, 109, n. legislature may exercise, in deciding contested seats, 161. confirmation of invalid, by legislature, 130, 131, 461. consent will not confer, 499. if wanting, objection may be taken at any time, 499. transitory and local actions, 501. jurisdiction in divorce cases, 501, 502. necessity for service of process, or substitute therefor, 504-506. bringing in parties by publication, 505. no personal judgment in such case, 506, 508. courts of general and special jurisdiction, 508, 509. irregularities do not defeat, 430, 431, 511. waiver of, 511. judicial power cannot be delegated, 512. right to jury trial in civil cases, 513, n. statements in course of, how far privileged, 551-556. publication of accounts of trials privileged, 559, 560. but must be fair and full, 560. and not ex parte, 560–562. and not contain indecent or blasphemous matter, 560. JUDICIARY, construction of constitution by, 54-57. equality of, with legislative department, 56, n. independence of, 57, n. when its decisions to be final, 54–67. (See COURTS; JUDICIAL POWER; JUDICIAL PROCEEDINGS.) JURISDICTION, of courts, disproving, 24, 508, 509. want of, cannot be cured by legislation, 130. of subject-matter, what it consists in, 499. not to be conferred by consent, 499, 511. if wanting, objection may be taken at any time, 499. in divorce cases, what gives, 501, 502. necessity for service of process, 504–507. JURISDICTION,― continued. JURY, irregularities do not affect, 430, 431, 511. interest in judge, effect of, 514–517. general and special, distinguished, 508, 509. where it exists, proceedings not to be attacked collaterally, 511. of federal courts, 11-18, 26, 360, 361, 535. in cases of habeas corpus, 430–432. independence of, 396, 398 and n., 403, n. how far required by United States Constitution, 25. must be speedy, 382. and public, 383. and not inquisitorial, 384. prisoner to be confronted with witnesses, 392. statement by prisoner, 388-391. (See CONFESSIONS.) to be present during trial, 393. jury to consist of twelve, 391, 704, n. challenges of, 395. must be from vicinage, 32, 395, 396. must be left free to act, 396. how far to judge of the law, 398–402, 518, n. in libel cases, 572-577. acquittal by, is final, 398, 399. judge to instruct jury on the law, 399. but not to express opinion on facts, 399. accused not to be twice put in jeopardy, 403–406. what is legal jeopardy, 404. when jury may be discharged without verdict, 404, 405. when nolle prosequi equivalent to verdict, 404. second trial after verdict set aside, 404, 405. right to counsel, 408-417. constitutional right to jury trial in civil cases, 25, 513, n. in cases of contempt, 394, n. in case of municipal corporations, 288, n. JUST COMPENSATION, what constitutes, when property taken by the public, 699–712. JUSTIFICATION, in libel cases by showing truth of charge, 530, 577. showing of good motives and justifiable occasion, 577, 578. KANSAS, K. power to grant divorces vested in the courts, 133, n. exercise of the pardoning power restrained, 140, n. requirement of general laws when they can be made applicable, 156, n. title of acts to embrace the subject, 172, n. no act to be amended by mere reference to its title, 183, 184, n. liberty of speech and of the press in, 520, 521, n. privilege of legislators in debate, 556, n. religious tests for office forbidden in, 583, n. religious belief not to be test of incompetency of witness, 596, n. special statutes licensing sale of lands forbidden, 119, n. revenue bills must originate in lower house, 160, n. title of acts to embrace the subject, 172, n. restriction upon power to contract debts, 271. right of jury to determine the law in cases of libel, 399, n. protection to person and property by the law of the land, 436, n. compact with Virginia, 335, n. liberty of speech and of the press in, 520, n. privilege of legislators in debate, 556, n. exclusion of religious teachers from office, 583, n. religious liberty in, 583, n. private property not to be taken without compensation, 703, n. L. LAW, common, how far in force, 31, n. (See COMMON LAW.) and fact, respective province of court and jury as to, 395-402, 572–577. LAW-MAKING POWER, (See LEGISLATURES OF THE STATES.) LAW OF THE LAND, protection of, insured by magna charta, 435. American constitutional provisions, 12, 13, 19, 436, n. vested rights protected by, 443. meaning of vested rights, 443, 461, 471. subjection of, to general laws, 443, 444. interests in expectancy are not, 445-448. rights acquired through the marriage relation, 447. legal remedies not the subject of vested rights, and may be changed, - LAW OF THE LAND, continued. forfeitures must be judicially declared, 450-452. nor revive debts barred by statute of limitations, 460. may cure informalities, 461-478. may perfect imperfect contracts, 358, 462-474. may waive a statutory forfeiture, 467, n., 468, n. may validate imperfect deeds, 469-473. but not as against bona fide purchasers, 472. cannot validate proceedings the legislature could not have authorized, cannot cure defects of jurisdiction in courts, 478. sumptuary laws inadmissible, 483. betterment laws, 484-487. unequal and partial laws, 487-498. invalid judicial proceedings, 499. what necessary to give courts jurisdiction, 499-501. in divorce cases, 501, 502, 505. process must be served or substitute had, 504, 505. no personal judgment in such case, 506, 508. process cannot be served in another State, 505. jurisdiction over guardianship of children in divorce cases, 507. irregular proceedings do not defeat jurisdiction, 511. waiver of irregularities, 511. judicial power cannot be delegated, 512. judge cannot sit in his own cause, 514–515. objection to his interest cannot be waived, 516. right to jury trial in civil cases, 26, n., 513, n. (See TAXATION; EMINENT DOMAIN; POLICE POWER.) LAWS, ENACTMENT OF, (See STATUTES.) LAWS IMPAIRING OBLIGATION OF CONTRACTS, LAWS, EX POST FACTO, (See Ex Post Facto LAWS; RETROSPECTIVE LAWS.) publication of accounts of, how far privileged, 559–562. (See JUDICIAL PROCEEDINGS.) |
