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The attendance in the ten largest law schools in the United States nine years ago was reported in No. 1, volume 1, American Law School Review as follows:

Students University of Michigan Law School...

851 New York Law School....

811 Harvard Law School...

632 New York University Law School.....

611 Columbian University Law School (now George Washington University Law School).

515 University of Minnesota Law School.

501 Columbia University Law School.....

139 University of Pennsylvania Law School..

:375 Boston University Law School.....

331 Georgetown University Law School...


* Schools marked with an asterisk show a decrease in attendance this season, owing to raising the standard for admission, lengthening of the course, or other temporary causes.

State Bar Examination Questions

Questions Given to Applicants for Admission to the Bar of Ohio by the State Board of Law Examiners,

Derember 7-8, 1909


the purchaser of the pledged property at 1. Where bonds are deposited by the

his own sale? Why? owner with a banker, to be kept by him

Personal Property without reward and returned to the own

7. What are fixtures ? er upon demand, what degree of care must the banker exercise for the safe 8. A. bought goods from B. at a time keeping of the bonds?

when he was insolvent and had no ex2. A railway company made a special pectation of being able to pay for them. contract with a shipper of live stock,

He made no false representations. He whereby the shipper in consideration of immediately sold the goods to C. in paya special freight rate relieved the carrier ment of a pre-existing debt. C. had no from all liability for all injuries which knowledge of the foregoing facts. As the stock might sustain as a result of attorney for B., what action would you their viciousness or inherent propensi- advise, and why? ties. Is the contract valid? Why? 9. Give briefly the essentials for a val3. Where a railway company receives

id gift inter vivos and causa mortis. goods for shipment in the usual course 10. A. falsely represented to B. that of business, and while in its warehouse

he was the agent of C. and authorized awaiting shipment the goods are destroy- to buy hogs for C. As such agent he ed by an accidental fire, is the railway pretended to buy B.'s hogs, made a parcompany liable to the owner for the val

tial payment, received the hogs, drove ue of the goods?

them to C.'s place of business, sold them 4. What is meant by the right of stop

as his own, and received their full value page in transitu? Explain fully.

from C., who had no knowledge of the 5. Where the railway company agrees

fraud. Can B. recover from C.? Why? to carry freight at the lowest tariff rate, 11. Where goods have been sold and upon the express condition that it as- delivered on an agreement that the buyer sumes liability only to the extent of an is to give his note for the price, payable agreed valuation, whether loss occur in one year with interest, and the buyer through negligence of carrier or other- refuses to give the note, what remedy wise, and the shipper knowingly accepts has the seller? such terms, and such valuation is much

12. Where goods are ordered to be lower than the value of the property, forwarded by express C. O. D., and are and a loss occurs through the negligence delivered to the express company, and of the carrier, what can the shipper re- the goods are lost by the express comcover? Give reasons.

pany, who may maintain an action 6. In the absence of an express agree- against the express company, the buyer ment to that effect, can a pledgee become or seller? Why?


22. How can a will be revoked? If 13. What rights or remedies may a

a testator, after executing his will, desurety have recourse to for his protec- siring to cancel one bequest, draws ink tion while the debt is unpaid ?

lines through the clause expressing such

bequest, what is the effect of this? 14. What is the right of subrogation ?

23. Can you suggest circumstances State fully the facts or circumstances

which would preclude a party, during which give rise to it.

his lifetime, from revoking a previously 15. Is it important, and, if so, why, executed will? that the contract of suretyship be in

24. What is the effect upon a will of writing?

the birth of a child to the testator after 16, State some of the different ways execution of the will ? What of the in which a surety may be released, or birth of a posthumous child after probate the creditor lose his claim against the of the will ? surety.

Legal Ethics 17. A., as principal, and B., as surety,

23. An attorney, after consulting a executed their note to C., bearing inter

witness whom his client wanted called est at 6 per cent. from maturity. C.,

on his behalf, found that the witness without the knowledge of the surety, B., stipulated with A. for interest at 8 per facts which would be brought out in the

possessed knowledge concerning the cent., and A., when he delivered the

examination of the witness, and would note, gave his separate written promise be fatal to client's cause, but work subto pay such interest at 8 per cent. Does

stantial justice. What is the duty of the this transaction, when discovered by B.,

attorney under the circumstances ? affect his obligation as surety?

Give reason for answer.

26. If, after a case has been submitted

to the court upon the evidence, you learn 18. If the principal debtor gives a

of facts material to a proper determinamortgage to his surety to secure him

tion of the cause, would it be right for against having to pay the debt, what

you to coinmunicate these facts privaterights, if any, does the creditor have in

ly to the court, to aid him in arriving such mortgage?

at a correct decision of the controversy? Wills

27. Is it right for a lawyer to under

take the defense of a person accused 19. State what is essential to the valid execution of a will-requirements per

of a crime, notwithstanding he has good

reason to believe the accused guilty ? sonal to the testator and formalities of execution.

Evidence 20. What is requisite to give effect to 28. (a) Who are competent witnesses a properly executed will? As of what in Ohio? date is the will operative?

(b) In criminal causes, may a wife 21. What is meant by a lapsed legacy, be a witness for or against her husband? and how is this affected by statute in 29. A witness, in reply to a question Ohio? What is a specific legacy, and asked him, said he could not remember what particular importance may attach the facts, but that he made a memoranto the fact of a legacy being specific? dum of the transaction at the time, which he had in a memorandum book in his 37. P. employs A. to sell goods for pocket.

him and gives him a written description State to what extent, if any, this mem- of the goods. The description, by a misorandum may be used in evidence. take of P.'s stenographer, is incorrect 30. To what extent may a witness for

in a very important particular, and the the plaintiff be cross-examined by the goods to be sold are not in accordance defendant?

with the written description. A., know31. A. brought an action against B. ing this, but intending to annoy P., de

scribes the goods to T. as they are deto recover rent under the terms of an

scribed in the written statement. T. existing written lease, and while upon buys the goods on the faith of A.'s statethe stand started to testify verbally con

ments. Against whom does T. have a cerning the amount of rent and terms of payment designated in the lease. The right of action? If a statute permits the

arrest of a defendant "where the dedefendant objected to the testimony.

fendant has been guilty of a fraud,” can Should the evidence be received ?

the defendant in the action brought by Why?

T. be arrested ? 32. (a) In what respect, if at all, does the amount of proof differ in civil and 38. The by-laws of a building associcriminal proceedings?

ation provided that all property upon (b) What amount of evidence is re

which mortgages were held should be quired of a defendant to establish self- kept insured and the policy deposited defense as an excuse for a crime?

with the association, and in the event of

the failure of a borrowing member to 33. Give two modes by which a wit

procure insurance or secure a renewal ness may be impeached.

this was to be done by the association 34. The state, while trying A. for at his expense. Upon obtaining a loan counterfeiting, offered evidence to show from the association G. procured insurthat the defendant, at other times before ance and deposited the policy as requirthe alleged offense for which he was ed by its by-law. He had no notice of being tried, had counterfeit money in his the expiration of the policy, and the possession similar to that set out in the association failed to secure a renewal, indictment. The defendant objected, and, the property having thereafter been which the court overruled.

partially destroyed by fire, he sued the Did the court err? Why?

association for the loss thus sustained.

What should be the judgment, and why? Agency

39. S. was employed as a brakeman 35. Define agency. How is the rela- by the M. Railroad Company. By reation created ?

son of the engineer's failure to properly 36. Richard Brown wants to authorize oil the engine before starting, the comJohn Black to take full charge of his pany having supplied the proper quanfarm and rent it for any period of years tity and quality of oil for that purpose, not exceeding five, with authority to sell an accident happened, in which S. was and convey said farm at a minimum injured. Before S. had sufficiently reprice named. Prepare the necessary covered from his injury to do full work, writing, locating the farm where you the company, having knowledge of this choose.

fact, ordered him to go out with a train

as brakeman. S. was not strong enough court. Is the statute constitutional ? to properly set the brakes, and T., an- Give reasons for your answer. other brakeman, who was ignorant of

42. (a) What is meant by the expresS.'s condition, was injured. The con

sion "ex post facto law"? ductor then sent S. to the caboose and acted as brakeman himself, but so neg

(b) What other term is used to ex

press the same kind of laws ? ligently that R., another brakeman, was

(c) What mention, if any, is made of injured. Is the company liable to S.?

this kind of laws in the Constitutions of To T.? To R.?

United States and state of Ohio? 40. W. arranged with the station

43. (a) Describe the writ of habeas agent of the Big Four R. R. Co. at Shel

corpus. by, Ohio, for sleeping apartments in a

(b) When, if at any time, can it be Pullman car for himself and wife, and

suspended by the federal government? was assured by said agent that reservation would be made accordingly. Upon

(c) Name six rights secured by the

Constitution of Ohio to every person boarding the train with his wife, late in the evening, he was informed that no

charged with crime in any trial, in any

court. reservation had been made for them. The conductor of the train refused to

44. (a) What is meant by the veto return his tickets, and W. and his wife power? were compelled to suffer great incon

(b) What powers of this kind has the venience, hardship, and mental anguish. President of the United States ? He brought suit against the Pullman

(c) What powers has the Governor Company for damages. Its answer was

of Ohio ? that it made no contract with him; that

(d) If the Governor of Ohio veto a the Shelby ticket agent was not in its bill

, can it be made a law by the Legisemploy. The evidence showed that the

lature; and, if so, how ? ticket agent often secured Pullman accommodations for passengers, and that

45. The United States makes a treaty W. had before secured such accommoda

with Japan, which provides certain rights tions in the same way, and that up to

of education for Japanese children. The this time no trouble had been experienc- Legislature of California passes laws ed. Can W. recover from the Pullman which deny to Japanese children the Company? Explain your answer.

right secured to them by this treaty.

Where do you find the law which deterConstitutional Law

mines whether the federal treaty is nulli

fied by the state law, or the state law is 41. (a) In our federal and state Con

nullified by the federal treaty? What is stitutions, under what three general

this law ? heads are the powers of government grouped ?

Real Estate (b) The Ohio Legislature enacts a 46. A man inherits a farm from his fastatute establishing the office of survey- ther, and then, with his own earnings, or, defining his duties, and declaring purchases another farm. He dies, seised that he shall receive an annual salary, the of these two farms, leaving no will, leavamount to be fixed by the common pleasing a widow, having no children or de

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