« PreviousContinue »
court. It will be noticed that among the this year
there has been but one course schools which do not maintain a practice on pleading--a combined course, maincourt are several which have the repu- ly common-law and code pleading. The tation of being very carefully organized. student had to take this, or no plead
In total amount of time given to pro- ing at all. Obviously all who expected cedure (pleading and practice), Dickin- to practice law desired some knowledge son, with its enormous amount of prac- of pleading. In the future, from prestice court work, easily leads. Pennsyl- ent appearances, students expecting to vania, with her separate practice courses, practice in code states will take code is second. Vanderbilt, Michigan, Yale, pleading; students expecting to locate and others follow. Possibly Harvard in common-law states will take commonwould prefer to consider that the lead is law pleading. How many will also take determined by offering the smallest num- equity pleading is uncertain. ber of hours. At all events, she has that A third inquiry asked how far a choice distinction. Maine and Boston follow of pleading courses depended on the closely. Apparently New England is locality the student expected to settle in. averse to training young men to quibble From schools where all pleading courses over niceties of practice. Des Moines are required there could be no answer to and Texas are curiously in the same this question. As appears above, there class.
is a tendency in the direction of choosThe inquiries which I made in my ing along this line at Pennsylvania, as printed questions were not confined all the code state students there take wholly to the number of hours devoted code pleading. There is no such tento each kind of procedure work. A sum- dency at Columbia. At Chicago, probamary of the replies to the other inquiries bly, there will be such a division among follows:
the students. We are beginning this To the question, “Is all the pleading year with three separate, purely elective work required ?" twenty-two out of courses. twenty-nine replies were, "Yes.” Four From the answers to another question others, from the context, apparently it appears that in only four schools is meant "Yes," without expressly saying there an attempt to combine two or more so. Two schools, Pennsylvania and Col- systems of pleading in one course. Two umbia, require only common-law plead- of these, Trinity (North Carolina) and ing. Chicago, seemingly alone, requires Western Reserve (Ohio), are probably
simply giving a course on code pleading, In the twenty-two schools requiring but with elaborate reference to the deall the pleading courses for graduation, velopment of code pleading out of comand in the four schools which apparent- mon-law and equity pleading. Harvard ly require all, all the pleading work is teaches common-law and code pleading taken by every student. In Columbia, together. Columbia this year undertakes over one-half the class takes the unre- the same combination. Nebraska and
uired pleading courses. In Pennsyl- Chicago, having tried the combination vania, all code state students take code
code method for some time, are turning back pleading, and about one-third of all the to the separate course plan. The opinstudents take equity pleading. At Chi- ions of the various teachers were asked cago, fully ninety-five per cent of all as to the relative merits of a combinathe students take pleading; but until tion course and of three separate cours
es. Twenty approved of the separate Questions were asked concerning the courses. Three thought the combina- actual drafting of pleadings by the stution course better. Of these three it is dents from statements of fact given to probable that two were really approv- them. At Illinois Wesleyan, 114 hours ing merely of a course on code pleading is given to this work. Kansas follows, with constant indication of how the rule giving 54 hours. But these are excepunder discussion has grown out of the tional figures. Seven schools give no, common-law or equity pleading as the time to it. Seven schools give "some" case may be. Many of those who favor time to it. In these schools it was evia separate treatment of the three systems dently a small amount of time, rather insist that there should be constant ref- hard to estimate. The remaining schools erence in each course to the solutions of give a few hours to it, varying from the like situation in the other systems of three to thirty-six. Twenty instructors pleading. Dean Ames of Harvard is believed the work of value. Some the most prominent advocate of a com- thought it of very great value. Two bination system. His view is that there thought it worthless. One of these said should be two courses—the first on com- that having students prepare unreal mon-law pleading, and including code pleadings was about as valuable as havpleading, so far as the code pleading ing a student of pedagogy teach wooden rules have developed from the common- dummies for practice in teaching. law system; the second on equity plead- The discussion of forms or precedents ing, and including code pleading, so far of pleadings seems to be employed very as the code rules have come from equi- rarely. Nine schools use this method ty pleading
"some.” Others did not answer the It appears that, out of thirty who re- question, or else said that they did not plied, sixteen are using text-books in discuss forms at all. Eleven thought teaching common-law pleading, nine are such work valuable. One thought it useusing cases, two teach by lectures, and less. The others expressed no opinion. three combine two methods. I have To the question whether forms of pleadcounted those who use a text, which they ings should be included in a case work. illustrate by cases which the students eighteen said "Yes," and four said "No." are supposed to read, as simply using a One of these four made the interesting text work. In teaching equity pleading, suggestion that students should only twelve use a text, seven use cases, four study "horrible examples" of pleadings. use lectures, and one combines lectures which they should be told to criticise ; and cases.
In teaching code pleading the instructor, if necessary, pointing out twelve use texts, seven use cases, three the defects which the students had not use lectures, and two use a real combi- found. nation of cases and text.
No question was put to discover the The teaching of pleading and practice general usage and opinion regarding the together is fully adopted in three schools. inclusion of pleading in the first-year Nine schools adopt this idea partially. work. This was an oversight. The The remaining seventeen schools that re- catalogues have been examined on this plied regarding this point keep their point. Forty-seven schools begin their work in pleading and practice as sepa- pleading work in the second year. Thirrate as possible, consistent with using ty-nine schools begin it in the first year. the available books on pleading.
Two postpone it to the third year. Of those that begin pleading work in the pleading; (9) about 24 hours should be second year, several are schools with given to equity pleading; (10) about 48 two-year courses. Also a few of them hours should be given to code pleading; have some sort of court work in the first (11) about 72 hours should be given to year, while putting their real pleading practice courses; (12) about 108 hours courses in the second or second and third should be given to practice court years.
work. Such are the facts about the teaching In the judgment of the writer, most of of pleading in the United States, if these these conclusions are sound. Number inaccurate statistics are accurate enough (2) is certainly open to doubt. Every to show any facts. What do they indi- student will elect at least one course in cate? Majority rule may easily be a pleading. In this he will get the generfailure in settling questions of education- al notions and many detailed applicaal policy. This likelihood of error is tions. If he desires to study his other even greater, when many of those who pleading work by himself, and devote his make up the electorate are not primarily law school time more fully to learning educators but lawyers or judges. But, substantive law, I, for one, would not looking merely to the judgment of the
Number (4) is wrong. majority, we would have to say: (1) Pleading, of all subjects, can only be unThat pleading should be taught in three derstood when its application to conseparate courses, but with some refer- crete facts is constantly before the stuence in each course to the rules in the dent's mind. The case system accomother systems of pleading; (2) that the plishes this most fully. No doubt the entire three courses should be required law of inertia is largely the cause of the work; (3) that pleading and practice failure of many schools to change from should be entirely divorced; (4) that the text to the case system. Pleading text-books should be the basis of in- has been especially handicapped by the struction, with a use of cases merely for lack of good case books. The only obillustration; (5) the drafting of plead- jection to number (5) is the great time ings by the students and the criticism of required to correct the drafts of pleadtheir efforts by the instructor should ings. Certainly the instructor in charge be a part of the work, though several of the course would require an assistant, thought this could be better done in con- if this work is to be well done. Accordnection with the practice court; (6) some
ing to number (10), code pleading discussion of forms or precedents of
should have 48 hours. This is right, pleadings should be a part of the course,
if common-law pleading is a prerequisand such forms should be included in ite. But if a student may elect code the text or case book which is the basis pleading alone, as at Chicago, more time of instruction; (7) the courses on plead- must be allotted to it, or the instructor ing should begin in the second year, or
will be unable to trace the code rules at least not in the first year; (8) about
back into their common-law and equity 48 hours should be given to common-law pleading originals.
O'Soolivan on Law and Lawyers.
By MICHAEL J. DONNELLY.
Copyrighted by Leavitt Corning, in the St. Paul Razoo.
'HE law bizniss ain't what it used to “How do ye manage it?" says Rafbe,” said O'Soolivan.
ferty. "Whin was that?" said Mrs. O'Sooli- "I'm a lier," says the lier.
"Ye luk it,” says Rafferty undher his "I'm talkin' about the law bizniss,” breath. said O'Soolivan. "I was convarsin' wid “And me ideas cost money," continan auld lier the other day and he was ued the lier. that gloomy over the situashun he was “What's the answer," says Rafferty. thritenin' to drop his law books and take "I have a case here in the 49th Oklato farmin'. He said he didn't know homa on all fours," says the lier. which bizniss he could lose the most "Is it a dog or a horse?” says Rafmoney in, but he'd take a long shot at ferty.
“It's a case in pint,” says the lier. “It's worse than bad, it's demoraliz- "Most people like a case in quarts," ed,” said the auld lier. “There wuz a says Rafferty. time
ye could come down to yer affice in “Undher the rulin' in that case ye the mornin' and find the hall full av peo- must go home and apoligize to yer wife ple waitin' for ye, Howiver, I can't say for livin'. The fee is $46.80 in advance," there's much change in that respict, for
says the lier. the hall's shtill filled wid waiters, all "Afther that a woman comes in and ay thim armed wid bills.
she says she's been goin' wid a man for “As I wuz sayin', in the auld days ye tin years and that he's been promisin' could come down to yer affice in the to marry her once a week durin' that mornin' and find a crowd av litigants time and rayfuses to keep his promise." waitin' for ye. While the affice boy was “What’ll I do?" says the woman. givin' thim numbers like they do in the “That's a very serious matther," says barber shops, ye sat down and smoked the lier, "and I'll have to consult the auyer pipe and read yer paper. Thin ye thorities. In the mane time did ye bring called number wan and Rafferty came yer wallet wid ye, not for publication in and towld ye a harrd luck shtory but as an ividince av good faith?" about havin' thrubble wid his wife.
“I have tin doollars in bills and some "Misther Murphy,” says Rafferty to silver,” says the woman. the lier, “me wife ud anger a saint." "I'll take the bills, you keep the sil“What for?” says the lier.
ver," says the lier. "She's always naggin' at me and says
"Then the lier raches out and dhrags I don't give her enough money to dhriss down a large book and says: the childher," says Rafferty.
“I have here ‘Dillon on Corporations, "That's nawthin'," says the lier, "my a very imminint authority on the law av wife does the same and I'm gainin' in breach av promise. Dillon was backweight right along."
half for sivril years at Princeton. He knows the signals like a book and anny "Well ye see whin we shtarted in biziinformashun from him ye can rely on.” niss I brought in all the exshperience.”
"Here on page 131," says the lier, “Yis, I undhershtand, and he furnish“Dillon says:
ed all the money," says the lier. “Ivery person who be force, minace "Now I've lost all me exshperience.” or duress shall compel a man to marry "Yis and yer partner's lost all his monhim shall be punished by imprisonmint ey,” says the lier. in the shtate prison for not more than “That's it, now I want to recover for three years nor less than thirty, or be a me lost exshperience.” fine av not more than $1,000 or both." “Yer barred be the shtatute av frauds
“I'm up agin it,” says the woman, me man,” says the lier, “I don't think “Sthrictly,” says the lier.
there's a jury in the land that wouldn't “Thin comes number three, who says give ye at laste tin years.” her husband neglicts her and shtays out "What's the damages," says the late nights."
sthranger. "Ye say yer husband ishtays out late “Twenty-five dollars," says the lier. nights?" says the lier.
"That wuz the way things wint in the “Yis and he won't tell me where he's good auld days. Clients wuz numerous been," says the woman.
and money so privilint that a ler could “I'll tell ye what we'll do,” says the hardly escape bein' hit in the face wid it lier, "we'll bring him into coort on a on the way to his affice unless he tuk writ av ne exeat.”
to the alleys. About ivery other wan "He ought to be brought in on a ye met had a case av wan kind or other. shutter," says the woman.
If it wuzn't shlander, it wuz receivin' “If he don't respond to the ne exeat a shtolen property, and if it wuzn't shmall subpoena duces tecum ought to fetch pox, it was masles. him,” says the lier.
“But now iverything's changed. It's "A policeman, divil take him ud suit all pirsonal injury bizniss and a ginril me,” says the woman.
practishuner has about as much show “This proceedins in the nachur av a
as a rabbit.
The lier that isn't up on quo warranto," says the lier.
the law ay nigligince might as well hang “I like grape fruit betther," says the
up the fiddle. woman.
“The time whin the heartliss corpora"As this is bargain day," says the lier, shuns could run over a man's riputashun “me fee's only $15.83.”
and disthroy his chance for irning $25,"Keep me lynx furs for security-I 000 as a sthreet shweeper is gone by. have no money," says the woman. They must answer to an outraged pub
“This is so sudden,” says the lier. lic sintimint and a pirsonal injury lier.
"Thin number four's announced, and The day whin a large railroad could take in walks a fat man who is religious on a thramp shtalin' a ride on the boonipSunday and a plain, ivery-day scoun- ers be the nape av the neck and ordher dhrel the rest av the week. Says he: him aff in loud and sthridint tones is
"Murphy, I'm havin' thrubble wid me passed. Aven Weary Willie has rights partner.”
that must be respicted. “What's the dif-fi-kulty?" says the lier "The time whin ye could lave yer coal rachin up and dhraggin' down from the hole open on the sidewalk has dayparrtshelf, ‘Daniels on Musical Insthrumints.' ed. In the auld days, if a man came