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QUIZ QUESTIONS

(The numbers refer to the numbered sections in

the text)

CHAPTER I

PRELIMINARY TOPICS

1. Of what benefit is the knowledge of legal rights and obligations? Is such knowledge of particular value to the business man, and if so, why?

2. Define “Law” as used in the technical sense. State what this definition does not include.

3. Give the classes into which law may be divided. What second classification may be made?

4. What is the name given to the body of law applicable to a particular state or nation? Who enforces this law?

5. Explain what is meant by international law, and state why, technically speaking, it is not law at all.

6–8. Define public law, private law. Name six sources of law in the United States.

9. In what respect is the Federal Constitution unlike other constitutions?

10. What are the federal statutes? By what power are they made, and by whom enforced?

11. What is a treaty? Is an agreement between a nation and a private individual, a treaty? Who may make treaties for the nation? Discuss the process of negotiating a treaty.

12. What is a state constitution? What limitations are placed on them?

13. Explain what is meant by a state statute. With what other form of law must it be in harmony?

14. What is meant by “common law”? Of what does it consist?

15. What is the source of the law merchant, and how did it come to be part of our law? Discuss its development.

16. What is the American common law? In what state is it not recognized?

17. Where may one find the law? Make a brief summary of some of the repositories of the law.

18–19. Define “Court” and “Judge,” and explain the distinction between the two terms. What are the inherent powers of a court?

20. What is a term of court? Who prescribes the periods for such term? Are suitors supposed to know the exact dates for such terms?

21. What is meant by the jurisdiction of the court? How may it acquire jurisdiction over the person? Over the subject-matter? Explain concurrent jurisdiction.

22. How may the various courts be classified? Name some of the courts.

23. Explain what is meant by a court of record, and by a court not of record. What authority has the former?

24. What is a court of special jurisdiction? Of general jurisdiction? Is a court of special jurisdiction one of inferiority?

25. Describe the functions of a court of equity. How did such courts originate? What may a court of equity not do. What is a court of law unable to do?

26. Explain the peculiar functions of the civil court and of the criminal court.

27. What are trial courts? What particular courts are included in this term? Are appellate courts courts or original jurisdiction? By what other names are appellate courts sometimes known? What is the highest court in the state of New York?

28. What are the functions of the following: Probate courts, admiralty courts, justice-of-the-peace courts?

29. Explain provisional courts. Are they courts of record? What authority have they? What are courtsmartial? When and how are they established? Are they part of the federal judicial system?

30. Name eight of the United States courts. How are they organized and by what authority? What two other special courts are there?

31. Describe the organization of the United States Supreme Court. When was it established?

32. What are the functions of the Circuit Courts of Appeal? How many circuits are there? What appeals do they hear?

33. Describe the functions of the Interstate Commerce Commission. State in detail the activities over which it has jurisdiction.

34. What are the district courts? Have they original jurisdiction?

35. Describe the organization and purpose of the Commerce Court. When was it discontinued?

36. What were the three reasons for the organization of the Court of Claims? How many judges sit in this court? How are its judgments enforced?

37–40. Explain the peculiarities and the functions of the following: Court of Customs Appeal, Court of

Private Land Claims, United States Senate, the Commissioners Courts.

41. How does one commence a suit? What are the first papers to be served? State the succeeding steps in the trial of the case. What may the defeated party do? How is a judgment enforced? 42. Define legal obligations,

obligations, moral obligations. May the latter be enforced at law? What are the three classes of legal obligations? State and explain each.

43. What is the signification of property right? What are the two classes of property? What subdivisions may be made of these classes?

CHAPTER II

NATURE AND CLASSIFICATION, OF CONTRACTS

44. Define contract. What must a true contract include? When may it be an agreement merely?

45. What must take place before an agreement is reached? What part does intention play?

46. What are the purposes of true contracts? Explain assignment and release and novation.

47. How may contracts be classified?

48. What is the distinction between the executed and the executory contract? Does a real contract exist in the former? Define bilateral and unilateral contracts.

49–50. Explain formal and informal contracts. What is the distinction? What else are they sometimes called? What is a valid contract? What is a voidable contract? What is a void contract and what is its legal effect?

51. What is an express contract. Must it be in writing? What is a contract implied in fact? Implied in law?

52. What is a simple or parol contract? Is the form of a simple contract of importance? What is a contract under seal? Upon what does it depend for its validity? Explain what is meant by an escrow. What is a contract of record? What are the subdivisions of these contracts? Explain.

53. How is a contract merged into another. Is a contract under seal of a higher order than a parol contract?

CHAPTER III

FORMATION OF CONTRACTS

54. Name six requisites for a true contract.

55. What classes of persons are incompetent to contract?

56. In the eyes of the law, who is an infant? At common law when did a boy or a girl reach majority? What changes were made by statute? For what is an infant liable? Are the contracts of an infant void or voidable?

57. State some things that would be considered necessaries. What is not included? If an infant is reasonably supplied by a guardian, can he recover for further necessaries? Is an infant husband liable for necessaries for his wife? For his children? Is he liable for repairs to his house?

58. What contracts made by an infant may be enforced? Is the husband liable for the ante-nuptial debts of his wife at common law? Under statute?

59. How may an infant disaffirm his contract?

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