election

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election

both in England and Scotland the law does not allow a party to approbate and reprobate. A party cannot generally accept a deed and reject it at the same time. To be operative as a choice or election, there must be free choice, the party must have capacity to elect and the deed, usually a will, must be valid.

ELECTION. This term, in its most usual acceptation, signifies the choice which several persons collectively make of a person to fill an office or place. In another sense, it means the choice which is made by a person having the right, of selecting one of two alternative contracts or rights. Elections, then, are of men or things.
     2.-1. Of men. These are either public elections, or elections by companies or corporations.
     3.-1. Public elections. These should be free and uninfluenced either by hope or fear. They are, therefore, generally made by ballot, except those by persons in their representative capacities, which are viva voce. And to render this freedom as perfect as possible, electors are generally exempted from arrest in all cases, except treason, felony, or breach of the peace, during their attendance on election, and in going to and returning from them. And provisions are made by law, in several states, to prevent the interference or appearance of the military on the election ground.
     4. One of the cardinal principles on the subject of elections is, that the person who receives a majority or plurality of votes is the person elected. Generally a plurality of the votes of the electors present is sufficient; but in some states a majority of all the votes is required. Each elector has one vote.
     5.-2. Elections by corporations or companies are made by the members, in such a way its their respective constitutions or charters direct. It is usual in these cases to vote a greater or lesser number of votes in proportion as the voter has a greater or less amount of the stock of the company or corporation, if such corporation or company be a pecuniary institution. And the members are frequently permitted to vote by proxy. See 7 John. 287; 9 John. 147; 5 Cowen, 426; 7 Cowen, 153; 8 Cowen, 387; 6 Wend. 509; 1 Wend. 98.
     6.-2. The election of things. 1. In contracts, when a; debtor is obliged, in an alternative obligation, to do one of two things, as to pay one hundred dollars or deliver one hundred bushels of wheat, he has the choice to do the one or the other, until the time of payment; he has not the choice, however, to pay a part in each. Poth. Obl. part 2, c. 3, art. 6, No. 247; 11 John. 59. Or, if a man sell or agree to deliver one of two articles, as a horse or an ox, he has the election till the time of delivery; it being a rule that "in case an election be given of two several things, always be, which is the first agent, and which ought to do the first act, shall have the election." Co. Litt. 145, a; 7 John. 465; 2 Bibb, R. 171. On the failure of the person who has the right to make his election in proper time, the right passes to the opposite party. Co. Litt. 145, a; Viner, Abr. Election, B, C; Poth. Obl. No. 247; Bac. Ab. h.t. B; 1 Desaus. 460; Hopk. R. 337. It is a maxim of law, that an election once made and pleaded, the party is concluded, electio semel facta, et placitum testatum, non patitur regressum. Co. Litt. 146; 11 John. 241.
     7.-2. Courts of equity have adopted the principle, that a person shall not be permitted to claim under any instrument, whether it be a deed or will, without giving full effect to it, in every respect, so far as such person is concerned. This doctrine is called into exercise when a testator gives what does not belong to him, but to some other person, and gives, to that person some estate of his own; by virtue of which gift a condition is implied, either that he shall part with his own estate or shall not take the bounty. 9 Ves. 515; 10 Ves. 609; 13 Ves. 220. In such a case, equity will not allow the first legatee to, insist upon that by which he would deprive another legatee under the same will of the benefit to which he would be entitled, if the first legatee permitted the whole will to operate, and therefore compels him to make his election between his right independent of the will, and the benefit under it. This principle of equity does not give the disappointed legatee the right to detain the thing itself, but gives a right to compensation out of something else. 2 Rop. Leg. 378, c. 23, s. 1. In order to impose upon a party, claiming under a will, the obligation of making an election, the intention of the testator must be expressed, or clearly implied in the will itself, in two respects; first, to dispose of that which is not his own; and, secondly, that the person taking the benefit under the will should, take under the condition of giving effect thereto. 6 Dow. P. C. 179; 13 Ves. 174; 15 Ves. 390; 1 Bro. C. C. 492; 3 Bro. C. C. 255; 3 P. Wms. 315; 1 Ves. jr. 172, 335; S. C. 2 Ves. jr. 367, 371; 3 Ves. jr. 65; Amb. 433; 3 Bro. P. C. by Toml. 277; 1 B. & Beat. 1; 1 McClel. R. 424, 489, 541. See, generally, on this doctrine, Roper's Legacies, c. 23; and the learned notes of Mr. Swanston to the case Dillon v. Parker, 1 Swanst. R. 394, 408; Com. Dig. Appendix, tit. Election; 3 Desaus. R. 504; 8 Leigh, R. 389; Jacob, R. 505; 1 Clark & Fin. 303; 1 Sim. R. 105; 13 Price, R. 607; 1 McClel. R. 439; 1 Y. & C. 66; 2 Story, Eq. Jur. Sec. 1075 to 1135; Domat, Lois Civ. liv. 4, tit. 2, Sec. 3, art. 3, 4, 5; Poth. Pand. lib. 30, t. 1, n. 125; Inst. 2, 20, 4; Dig. 30, 1, 89, 7.
     8. There are many other cases where a party may be compelled to make an election, which it does not fall within the plan of this work to consider. The reader will easily inform himself by examining the works above referred to.
     9.-3. The law frequently gives several forms of action to the injured party, to enable him to recover his rights. To make a proper election of the proper remedy is of great importance. To enable the practitioner to make the best election, Mr. Chitty, in his valuable Treatise on Pleadings, p. 207, et seq., has very ably examined the subject, and given rules for forming a correct judgment; as his work is in the hands of every member of the profession, a reference to it here is all that is deemed necessary to say on this subject. See also, Hammond on Parties to Actions; Brown's Practical Treatise on Actions at Law, in the 45th vol. of the Law Library; U. S. Dig. Actions IV.

References in periodicals archive ?
This disparity among age groups is revealing of the rift between Clinton and Sanders supporters in the debate over electability. While Clinton's base is generally older, and older Americans are more likely to say they prefer a candidate with greater ability to win, Sanders boasts a stronger rapport with younger adults, who are more likely to prefer a candidate who is most agreeable, issue-wise.
In this brief paper, we show how publicly available data can be used to provide an estimate of the electability of a primary candidate in the pending general election.
(If, on the other hand, they're seeking the electability party's nomination, they have to overcome its prejudice in favor of familiar names--like Jeb Bush's.)
Pro-rights Republicans are frequently victims of the "electability" fallacy in the primaries.
In the beginning individuals receive a signal, q=([pi], [epsilon]) [member of] {0,1} x {0,1}, where [pi] is a signal of both political and market skill, and e is a signal of electability. I assume that market skill and political skill are positively correlated.
And according to the latest Washington Post-ABC News poll, a majority of Americans (53%) feel that the Republicans' main problem is not poor leadership or bad messaging but that they are too conservative and unconcerned with "the welfare of the people, particularly those in the lower and middle income levels." So there's considerable reason to doubt that turning the GOP into an uncompromising ideological party has improved its long-term electability.
Romney outspent Santorum, but of course, he has also outraised him, and so actually that just becomes one more part of the electability argument.
Most strikingly, he routed Romney on what had been the former Massachusetts governor's greatest strength -- electability.
Spending in this year's School Committee race has so far ranged from $0 to $6,400, depending on the candidate, and that figure doesn't seem to have much to do with electability. Mr.
electability." And a third time, just in case the audience didn't get the message, Crowley crowed: "So the top two finishers were Ron Paul and Michele Bachmann, both of whom are among the worst performing when you put them in a head-to-head against President Obama."
As such, the conservative media were fractured: some complained that Republicans sacrificed electability in favor of ideology, and were quickly cannibalized by the bloggers and commentators who insisted either that their new extremist could win in a general election, or that it was better to lose with a "real" conservative on the ballot than to win with a "RINO."
Somehow, his aide explained, his attendance is vital to her boss' electability."