Page images
PDF
EPUB
[blocks in formation]

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:

[blocks in formation]

*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, December 7-8, 1909

Bailments

1. Where bonds are deposited by the owner with a banker, to be kept by him without reward and returned to the owner upon demand, what degree of care must the banker exercise for the safe keeping of the bonds?

2. A railway company made a special contract with a shipper of live stock, whereby the shipper in consideration of a special freight rate relieved the carrier from all liability for all injuries which the stock might sustain as a result of their viciousness or inherent propensities. Is the contract valid? Why?

3. Where a railway company receives goods for shipment in the usual course of business, and while in its warehouse awaiting shipment the goods are destroyed by an accidental fire, is the railway company liable to the owner for the value of the goods?

4. What is meant by the right of stoppage in transitu? Explain fully.

5. Where the railway company agrees to carry freight at the lowest tariff rate, upon the express condition that it assumes liability only to the extent of an agreed valuation, whether loss occur through negligence of carrier or other wise, and the shipper knowingly accepts such terms, and such valuation is much lower than the value of the property, and a loss occurs through the negligence of the carrier, what can the shipper recover? Give reasons.

6. In the absence of an express agreement to that effect, can a pledgee become

the purchaser of the pledged property at his own sale? Why?

Personal Property

7. What are fixtures?

8. A. bought goods from B. at a time. when he was insolvent and had no ex

pectation of being able to pay for them. He made no false representations. He immediately sold the goods to C. in payment of a pre-existing debt. C. had no knowledge of the foregoing facts. As attorney for B., what action would you advise, and why?

9. Give briefly the essentials for a valid gift inter vivos and causa mortis.

10. A. falsely represented to B. that he was the agent of C. and authorized to buy hogs for C. As such agent he pretended to buy B.'s hogs, made a partial payment, received the hogs, drove them to C.'s place of business, sold them as his own, and received their full value from C., who had no knowledge of the fraud. Can B. recover from C.? Why? 11. Where goods have been sold and delivered on an agreement that the buyer is to give his note for the price, payable in one year with interest, and the buyer refuses to give the note, what remedy has the seller?

12. Where goods are ordered to be forwarded by express C. O. D., and are delivered to the express company, and the goods are lost by the express company, who may maintain an action against the express company, the buyer or seller? Why?

[blocks in formation]

22. How can a will be revoked? If a testator, after executing his will, desiring to cancel one bequest, draws ink lines through the clause expressing such bequest, what is the effect of this?

23. Can you suggest circumstances which would preclude a party, during his lifetime, from revoking a previously executed will?

24. What is the effect upon a will of the birth of a child to the testator after execution of the will? What of the birth of a posthumous child after probate of the will?

Legal Ethics

25. An attorney, after consulting a witness whom his client wanted called on his behalf, found that the witness. possessed knowledge concerning the facts which would be brought out in the examination of the witness, and would be fatal to client's cause, but work substantial justice. What is the duty of the attorney under the circumstances?

26. If, after a case has been submitted to the court upon the evidence, you learn of facts material to a proper determination of the cause, would it be right for you to communicate these facts privately to the court, to aid him in arriving at a correct decision of the controversy?

27. Is it right for a lawyer to undertake the defense of a person accused of a crime, notwithstanding he has good reason to believe the accused guilty?

Evidence

28. (a) Who are competent witnesses in Ohio?

(b) In criminal causes, may a wife be a witness for or against her husband?

29. A witness, in reply to a question asked him, said he could not remember the facts, but that he made a memorandum of the transaction at the time, which

he had in a memorandum book in his pocket.

State to what extent, if any, this memorandum may be used in evidence.

30. To what extent may a witness for the plaintiff be cross-examined by the

defendant?

31. A. brought an action against B. to recover rent under the terms of an existing written lease, and while upon the stand started to testify verbally concerning the amount of rent and terms of payment designated in the lease. The

defendant objected to the testimony.

Should the evidence be received? Why?

32. (a) In what respect, if at all, does the amount of proof differ in civil and criminal proceedings?

(b) What amount of evidence is required of a defendant to establish selfdefense as an excuse for a crime?

33. Give two modes by which a witness may be impeached.

34. The state, while trying A. for counterfeiting, offered evidence to show that the defendant, at other times before the alleged offense for which he was being tried, had counterfeit money in his possession similar to that set out in the indictment. The defendant objected, which the court overruled.

Did the court err? Why?

Agency

37. P. employs A. to sell goods for him and gives him a written description of the goods. The description, by a mistake of P.'s stenographer, is incorrect in a very important particular, and the goods to be sold are not in accordance with the written description. A., knowing this, but intending to annoy P., describes the goods to T. as they are described in the written statement. buys the goods on the faith of A.'s statements. Against whom does T. have a right of action? If a statute permits the

T.

arrest of a defendant "where the defendant has been guilty of a fraud," can the defendant in the action brought by T. be arrested?

38. The by-laws of a building association provided that all property upon which mortgages were held should be kept insured and the policy deposited with the association, and in the event of the failure of a borrowing member to procure insurance or secure a renewal this was to be done by the association at his expense. Upon obtaining a loan from the association G. procured insurance and deposited the policy as required by its by-law. He had no notice of the expiration of the policy, and the association failed to secure a renewal, and, the property having thereafter been partially destroyed by fire, he sued the association for the loss thus sustained. What should be the judgment, and why? 39. S. was employed as a brakeman

35. Define agency. How is the rela- by the M. Railroad Company. By rea

tion created?

36. Richard Brown wants to authorize John Black to take full charge of his farm and rent it for any period of years not exceeding five, with authority to sell and convey said farm at a minimum price named. Prepare the necessary writing, locating the farm where you choose.

son of the engineer's failure to properly oil the engine before starting, the company having supplied the proper quantity and quality of oil for that purpose, an accident happened, in which S. was injured. Before S. had sufficiently recovered from his injury to do full work, the company, having knowledge of this fact, ordered him to go out with a train

as brakeman. S. was not strong enough to properly set the brakes, and T., another brakeman, who was ignorant of S.'s condition, was injured. The conductor then sent S. to the caboose and acted as brakeman himself, but so negligently that R., another brakeman, was injured. Is the company liable to S.? To T.? To R.?

40. W. arranged with the station. agent of the Big Four R. R. Co. at Shelby, Ohio, for sleeping apartments in a Pullman car for himself and wife, and was assured by said agent that reservation would be made accordingly. Upon boarding the train with his wife, late in the evening, he was informed that no reservation had been made for them. The conductor of the train refused to return his tickets, and W. and his wife were compelled to suffer great inconvenience, hardship, and mental anguish. He brought suit against the Pullman. Company for damages. Its answer was that it made no contract with him; that

the Shelby ticket agent was not in its employ. The evidence showed that the ticket agent often secured Pullman accommodations for passengers, and that W. had before secured such accommodations in the same way, and that up to this time no trouble had been experienced. Can W. recover from the Pullman Company? Explain your answer.

Constitutional Law

41. (a) In our federal and state Constitutions, under what three general heads are the powers of government grouped?

(b) The Ohio Legislature enacts a statute establishing the office of surveyor, defining his duties, and declaring that he shall receive an annual salary, the amount to be fixed by the common pleas

court. Is the statute constitutional? Give reasons for your answer.

42. (a) What is meant by the expression "ex post facto law"?

(b) What other term is used to express the same kind of laws?

(c) What mention, if any, is made of this kind of laws in the Constitutions of United States and state of Ohio?

43. (a) Describe the writ of habeas

corpus.

(b) When, if at any time, can it be suspended by the federal government? (c) Name six rights secured by the Constitution of Ohio to every person charged with crime in any trial, in any

court.

44. (a) What is meant by the veto power?

(b) What powers of this kind has the President of the United States?

(c) What powers has the Governor of Ohio?

(d) If the Governor of Ohio veto a bill, can it be made a law by the Legislature; and, if so, how?

45. The United States makes a treaty with Japan, which provides certain rights. of education for Japanese children. The Legislature of California passes laws which deny to Japanese children the right secured to them by this treaty. Where do you find the law which determines whether the federal treaty is nullified by the state law, or the state law is nullified by the federal treaty? What is this law?

Real Estate

46. A man inherits a farm from his father, and then, with his own earnings, purchases another farm. He dies, seised of these two farms, leaving no will, leaving a widow, having no children or de

« PreviousContinue »