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IMPORTANT NOTICE

There being only one publication stating all decided law of the United States, Great Britain and Canada, and citing all reported cases, it is the AUTHORITY to which the bench and the bar turn ex necessitate.

The title of this monumental work, to be found in most of the leading law offices, in all Supreme Court Libraries, College Law Libraries, and many public and private libraries, is Corpus Juris-Cyc.

Embracing in its 75,000 pages all the propositions decided in all the reported cases (1,500,000), it gives more complete and authoritative treatment of questions of decided law than is possible in separate textbooks, treatises, and legal commentaries, and is the one complete statement of all decided law and all reported cases. Over 400,000 legal propositions are stated therein, and the cases cited, distinguished, and compared, making it, in fact, a complete and sufficient law library of first and last resource.

That its vast stores of legal erudition and legal authority may be always at the service of all student owners of these small books and readily accessible for either study or practice, the publishers have keyed OUTLINES for REVIEW, THE UNITED STATES CONSTITUTION ANNOTATED, THE COLLEGIATE LAW DICTIONARY, etc., to this great parent work.

Thereby the reader of OUTLINES for REVIEW, if he wishes to have all the decided law on any statement therein, can turn at will to the precise pages in Corpus Juris-Cyc where complete and authoritative treatment is given and the cases cited.

Likewise anyone using THE COLLEGIATE LAW DICTIONARY can locate by the references to Corpus Juris-Cyc all the legal definitions of words or terms which have been variously used and variously interpreted by the Courts, sometimes involving whole pages in the Corpus Juris-Cyc treatment.

As a Constitutional question may be, and in practically every instance has been, raised with reference to all the specific titles of the law, the references to Corpus Juris-Cyc in THE UNITED STATES CONSTITUTION ANNOTATED, are of the utmost importance to students and to the legal profession generally.

QUIZZER AND BAR EXAMI

NATION ON PROPERTY

Questions and Problems Taken from Clark's "Outlines for Review of the Fundamental Principles

of the Law"

We reprint herewith from 624. What is an annuity? William

Lawrence Clark's 625. What is the right called a rent? "Outlines for Review of the 626. What three incorporeal Fundamental Principles of the hereditaments exist in the Law," at pages lxx to lxxiv, United States? certain questions and problems 627. What is an easement? of the law of Property which can be answered by reference to Mr. Clark's text or to Corpus Juris-Cyc.

As we have stated before, the correct way to use these questions is to endeavor to answer them in writing without reference to Mr. Clark's text, then to turn to the text and verify the accuracy of your answers, and, finally, to investigate the Corpus Juris-Cyc citations in the footnotes to Mr. Clark's text, first, to learn the application of the legal principles to specific states of fact, second, to discover the exact position of your state jurisdiction on the principles and applications thereof involved in the questions.

Mention three particular
kinds of easements.
628. What is the right called

profit à prendre?
629. In what respect does profit

à prendre differ from an
easement?
630. What are the rights of a

631.

landowner in the water of
a stream running through
his land?

What is a landowner's
right to lateral support?
632. What is a party-wall and
what are

633.

635.

655. What is the estate by the
curtesy, and what are its
four requisites?
656. What is dower, and what

are its three requisites?
657. If a tenant pur autre vie
dies before the cestui que
vie, who has the right of
possession?

Problems

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are vested and which are con-
tingent:

(a) Devise to A for life, and
at his death remainder in fee
to the children of B then liv-
ing? Wills 40 Cyc 1673.

viso that, if his first son should die without issue male, in the lifetime of his second son, the terms should be held in trust for the third son. The first son did die without issue male in the lifetime of the second son. Was the limitation over to the third son good and what was the nature of the interests? Estates 21 C. J. sec

A owned two acres of land in fee and conveyed one acre to B for life and the other to C for two hundred and fifty

(b) Devise to A for life, remainder in fee to such of the present children of B as shall be living at the death of the 201. A died in England pos- testator? Wills 40 Cyc 1675. sessed of a large country estate (c) Devise to the testator's tion 42. 211. the adjoining and considerable personal prop- wife until she shall die or reowner's rights therein? erty. A possessed, among other marry, and, on the happening Define "estate" in real things, some horses born and of either event, remainder in property and "tenant." bred on the estate, some bonds, fee to the testator's then sura lease on B's property, a right viving sons? Wills 40 Cyc years, the reversion in each of way across C's property, the 1673. case remaining in A and his right to select the rector or 207. A granted an estate to heirs. Who has the greatest priest of the parish, B for life with remainder to C and who the least estate in the promissory notes, a right of if he should marry a certain lands, A, B, or C? Estates 21 turbary in certain lands, and a lady. What kind of a remain- C. J. sections 181, 59; Landconsiderable quantity of gold der did C have before his mar- lord & T. 24 Cyc 958. and silver plate which had been riage to this lady? Wills 40 in the family and descended Cyc 1680, 1646. with the property for two hundred years. A wills all his hereditaments to his son and all his other property to his wife. What did each take? Property 32 Cyc 659.

634. What is the difference be-
tween "estate" and "prop-
erty?"
What is the difference be-
tween an estate in posses-
sion and an estate in ex-
pectancy?

638.

The problems printed here-
with are more in the nature
of questions from a bar exami-
nation than they are in the na-
ture of à quizzer, and just as
our specimen state bar exami-
nation questions (see pages 8
and 9) can be used as training
in analyzing fairly complex 640.
states of fact, so can these
problems from Mr. Clark's
book. Corpus Juris-Cyc refer-
ences for correct answers are
after each problem.
Questions

611. What is included in the
term "hereditaments?"
612. What are "corporeal her-
editaments?"

613. What is included in the
term "land?"

614. What is an "incorporeal
hereditament?"

615. Name as many particular
kinds of incorporeal here-
ditaments as you can.
616. What is the right of com-
mon?

617. How many and what were
the principal kinds of right
of common at
law?

common

618. What is a way or right of
way?

619. What is the difference be-
tween a public and a pri-
vate way?
620. What is a way by pre-
scription?

621. When does a right of way.
by necessity exist? Give
an illustration.

some

212. B, the owner of several parcels of land, conveyed them as follows: one to A and his heirs forever;" another "to A and the heirs male of his body forever;" another "to A and the heirs of his body by

636. Give two examples of an
estate in expectancy.
637. What is an estate in re-
208. Suppose that C did not
mainder?
marry the lady until after B's
What is the difference be-
death. What estate, if any, did
tween a vested and a con-
he take upon his marriage?
tingent remainder?
Wills 40 Cyc 1682, 1646.
639. When does a contingent
209. A, having an estate in his wife Mary forever;" an-
remainder become vested? 202. A conveyed land to B, fee simple, granted a life estate other "to A for life, reversion
What is the result where reserving the right to pass over to B, without saying anything to B and his heirs forever;"
the particular estate termi- the same, and also reserving of what should become of the another "to A and his heirs for
nates before the remainder the right to take sand and estate upon B's death. Did A one hundred years." Point out
vests?
gravel therefrom. Give the have any estate during B's life, the freehold estates held by A
technical names and classifica- and if so, what was it? Es- after the death of his wife
tion of these rights so re- tates 21 C. J. section 179. Mary, without issue, classifying
served. Easements 19 C. J. 210. The Earl of Arundel, them into freeholds of inherit-
having three sons, conveyed a ance and freeholds not of in-
sections 4, 10.
long term to trustees, in trust heritance. Estates 21 C. J. sec-
for his second son and the heirs tions 6, 8, 45, 18; Landlord &
male of his body; with a pro- T. 24 Cyc 958.

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205. A was the owner in fee of a certain piece of land and conveyed the same to B for life of C, with remainder to D and E, the children of C, in fee. Classify the estates held by each of the above (1) dur-. ing C's life, into estates in expectancy and estates of posses623. What is a dignity? Does 654. Name the two conven- sion; (2) after C's death. Essuch a right exist in the tional, as distinguished tates 21 C. J. sections 25, 24, 26. United States? from legal, life estates. T 206. Which of the following

652. What is a life estate? 622. What is a franchise? Give 653. Name the three legal life an illustration.

1

estates.

We Need

Two More Editors

If you have a thorough academic and legal education and a natural inclination. toward the literary side of the law, and most particularly if you have experience in writing or teaching, we have a proposition which we think may prove attractive to you.

Address The Editorial Department, The American Law Book Company, 272 Flatbush Extension, Brooklyn, N. Y.

THE

LAW STUDENT

Copyright, 1925, by

VOL. II, No. 6 The American Law Book Co.

BROOKLYN, NEW YORK

ALTERS JURISDICTION OF NEWS OF

NEW ACT ALTERS

UNITED STATES
STATES SUPREME COURT

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The bill to amend and improve the appellate jurisdiction of the Supreme Court and the Circuit Court of Appeals has now been passed by both Houses of Congress and has become a law. It does not go into effect until the latter part of May. Meantime, we in our Court expect to revise our rules completely with a view to aiding the inauguration of this new bill, so that when we return in the fall the Bar and the Court may be able to launch matters on the basis of the real reform that has been achieved by this bill. I presume that you have the bill. I send you a resume of the bill that I made last year. There have been some amendments but not many. I send you also a detailed analysis of the bill, also made last year, and not including the more recent amendments, but one that is useful because of its exact references to the changes that the bill makes. I hope that you will give as much publicity through your publications as you can to this law in crder that the Bar may be advised of its provisions.

Sincerely yours,

The American Law Book Company,

272 Flatbush Avenue,

Brooklyn, N.Y.

Enclosures.

Review of the Statute by Chief Justice William

Howard Taft

General Purposes of the Bill This is primarily a bill to relieve the Supreme Court of the increasing heavy burden of hearing cases which do not involve questions of sufficient importance to take its time, and which prevent its prompt disposition of serious cases of restrict the docket of that Court so as to enable it to dispose of the present arrears and to keep up with current business without interfering with its highest function of interpreting the Constitution and preserving uniformity of decisions by the intermediate courts of appeals.

great moment. It is a bill to

If this bill becomes law, every case now reviewable in the Supreme Court will still be subject to review there, if the Court finds that it presents any question which should, in the public interest, engage its attention. The change of many cases from the obligatory jurisdiction of the Court to certiorari class will enable the Court by a denial of the writ to give immediate notice to the par

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THE SCHOOLS

University of North Carolina School of Law

Chapel Hill, N. C.

Formal exercises dedicating Manning Hall, the new law building at the University of North Carolina, were held January 23d, 1925, in Memorial Hall with President Chase presiding. Seated on the rostrum as guests of honor along with the legislators were four members of the Supreme Court Bench, several state officials, representatives of the North Carolina Bar Association, university trustees, and other distinguished visitors. The law students who had escorted the visitors across the campus in double file were seated as a body and were easily distinguished by badges bearing the word "Law" in purple.

The principal address was delivered by Dr. W. T. Vance of the Yale University Law School. Dr. Vance with no tinge of pessimism talked about "New Values in Legal Education." This was followed by greetings from the Supreme Court by Chief Justice William A. Hoke, greetings from the North Carolina Bar Association by President G. Vernon Cooper, the response by Dean Merton Leroy Ferson, the presentation of the building by Lieutenant Governor J. Elmer Long and its acceptance by Josephus Daniels.

The exercises ended at 2

o'clock and the honor guests were then invited to the Carolina Inn, where they enjoyed a fine luncheon.

The bill has a further pur-
After luncheon the visitors
pose of revising and restating
in one enactment the complete were conducted on a sight-
appellate jurisdiction of the seeing tour of the campus
Supreme Court (except rare with the new law building as
cases from the Court of Cus- the special objective.
toms Appeals), and the com- law students acted as guides.
plete appellate jurisdiction of

the circuit courts of appeals, so that those seeking to know such jurisdictions will not need ferent amending and suppleto consult, as now, many difmenting statutes difficult to construe.

The bill has a further purpose of adding remedial provisions to existing law governing appellate procedure, so that

(Continued page 3, col. 1)

The

Notre Dame Law School

Notre Dame, Ind. The following courses will school at Notre Dame Law be offered at the summer School: Constitutional Law by Mr. Konop, Equity by Mr. Hadley, History of the Law by Mr. Wooten, and Domestic Relations by Mr. Wooten.

(Continued page 5, col. 1)

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as

a profession advisedly, for it should be maintained as such by the knowledge that truth and honor are not for sale.

On the correct practice of the law, on the maintenance by the bar and bench of high ideals, depends to a large extent that respect for our institutions which is the only safeguard of their perpetuity. A lawyer is not only a private citizen but an officer of the court, an administrator of justice, and a servant of the state. To all of those who are about to swear allegiance to these principles, I take pleasure in extending my greetings.

CALVIN COOLIDGE

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HETJA TOA

This issue of "The Law Student" will reach the hands of its readers shortly before the close of the school year, a busy time for all law students. With final examinations ahead, and, for graduating students, the test of the bar examination, the problem of a thorough review of past school work becomes more and more important and pressing. Ability to pass an examination is by no means the only criterion of a real lawyer; yet examination is the only test that can be presented by a school as a condition precedent to granting a degree and by the bar examiners as a like condition to admitting to practice. While the greater benefit secured from a law school course is the ability to think legally, to reason soundly, and to apply fundamental and well established principles of law to cover new states of fact, nevertheless this ability presupposes a thorough knowledge of these principles of law in themselves, and such knowledge can be gained only by intensive study and by cultivation of the faculty of memory. Initial and detailed study of a subject in school will lay in a student's mind the foundations of information, and review work thereafter not only will freshen his knowledge of the facts he has previously learned, but also in itself will train his memory to aptness in the association of ideas, in linking fact to fact. There is yet time for each student, before the end of the school year, carefully to review his notes of lectures and cases, and there is even more obviously time for him to study carefully, in order to refresh his recollection of law school work, some standard brief statement of the fundamental principles of the law such as Mr. Clark's "Outlines for Review." Time spent in the systematic study of this book and the use of the quiz questions and problems contained in it will do much to refresh the memory and brighten the chances of any law student at his school examinations and before the bar examiners. As the text is read, recollection of classroom discussion of the principles and cases is revived through association of ideas, and the whole school course brought again to the surface of the mind ready for immediate use. Moreover, the review process will not only serve the direct purpose of reviving previous acquisitions of knowledge, but also will strengthen and fortify the student's power to recall. so essential to make a ready and effective lawyer. When a comparatively brief space of time will do so much to prevent failure at examinations and also do so much to develop and perfect an important faculty, it would be the extreme of folly for any student to

shirk the labor involved. Review work to the conscientious student is a pleasure and to all students a necessity. Do not neglect it, but "get busy" now.

GOOD LUCK

SUGGESTIONS AND COMMENT

Editor of The Law Student:

The undersigned is a student of the College of Law, University of the Philippines, and an ardent reader of "The Law Student," sent here free by your kindness. Sometimes the

copies sent are exhausted before I can secure a copy. I note, however, that your publication is given free to all law students, and I should highly appreciate it if you would include my your mailing list.

name in

Editor of The Law Student:

sent

Editor of The Law Student: I received your annotated The first copy of "The Law work on the Constitution of the Student" that I ever had the United States, and it is most pleasure of perusing was splendid and thorough. It is me recently by La Salle Exthe best work of its kind to in- tension University of Chicago, still in the mind of the stu- with which University I am dent the immensity and broad- enrolled as a law student. ness of the great document I do not know that I ever which our forefathers have saw an issue of any magazine given us as the foundation of of the size containing so much this great country. It is not interesting data, all of which only useful to the teacher of has a special intrinsic value to Constitutional Law, but in other the law student. subjects, say for instance Criminal Law, Property, and I wish also to take this op- the Rights of the Person, much portunity to express my pro- valuable information from the found appreciation of the references can be had concern- Editor of The Law Student: spirit that directs the publica- ing the many rights granted I have been reading "Outmission as "The Law Student." thrown about the person and a wonderful book. In fact it is tion of a paper of such a noble and the many protections lines for Review" and find it I am sure I am speaking for his property, both absolute and the only book I have ever come all students of law in the Philacross that puts so much law ippines, and that they join within the covers of any one me in sending you a vote of volume, and not only that, but gratitude. one is taught to think in terms of law by their proper titles. Irve C. Boldman, San Diego, Cal.

Felix L. Lazo, 208 Leonor Rivera, Manila, P. I.

relative.

I am recommending the work for collateral reading to the

students.

Dean H. E. Rodgers, Wilmington Law School, Wilmington, N. C.

J. W. Shannon, Windsor, Vt.

New Act Alters Jurisdiction of United States Supreme Court (Continued from page 1)

it shall not by its lack of clarity constitute a trap for the practitioner and defeat an effort to review a meritorious

case.

State under the Federal Constitution has been drawn in question and its validity sustained;

(b) Where the validity of a federal statute or treaty has been drawn in question and its validity denied.

2nd. In four special classes of cases from the district court, which are:

Kinds of Review The ordinary methods of review by the Supreme Court, excluding such extraordinary writs as mandamus, quo warranto, and prohibition, used merely in aid of its general (a) Appeals from decrees appellate jurisdiction, are either in equity in suits brought by by writ of error or appeal, on the United States to enforce the one hand, or by certiorari, the Anti-Trust or Interstate or on certificate by the lower Commerce Acts. court of questions for answer, (b) Writs of error in crimon the other. Writs of error inal cases brought by the and appeal are allowed as of United States to judgments of right where upon examination the district courts in which the the case appears to be of the United States has been defeated class designated in the statute, by a ruling of the district and may be brought by the vol- court, and where the defenduntary action of a litigant. ant has not been exposed to Writs of certiorari are issued jeopardy or acquitted by a verby the Court in its discretion, dict of the jury. upon due application, and after an examination of the briefs and record to determine whether the case is of sufficient importance to justify its review. Review by certificate depends upon the discretion of the inferior court, the judges of which are permitted to certify questions necessary to decide the case before them, and the Supreme Court is authorized to answer the questions which shall be binding on the Court certifying them. Whenever the method of review provided is certiorari, a corresponding power to certify questions in such cases is given in the bill to the inferior court. In such cases usually the Supreme Court, after examining the questions, is given power to bring up the whole case for its disposition, if it deems it

wise.

Proposed Changes in Supreme Court's Method of Review

The great object of this bill is to reduce the number of

cases in which there is an ap peal or writ of error as of right, and increase those in

(c) Appeals from interlocutory injunctions against enforcement of state statutes by any officer of the States, or against the exercise of an authority of a board acting under a state statute.

(d) Appeals from interlocutory and final decrees of injunction and suspension of orders of Interstate Commerce Commission in district courts.

constitutional

those

In all other cases, to wit, (a) final judgments, in the state supreme courts, which in volve federal questions, other than above mentioned; (b) all cases in the circuit courts of appeals; (c) all cases in the court of appeals of the District of Columbia; (d) all cases in the Court of Claims, and (e) certain classes of cases from the Supreme Court of the Philip pines, the only method of review is either by certiorari from the Supreme Court, or (except from the Philippines) by certificate by the inferior certiorari to court of questions. Writs of

state supreme courts, to the Court of Claims, and to the Supreme Court of which only a certiorari or a the Philippines, can only issue certificate can bring the case after final judgments in those before the Supreme Court.

The courts over which the Supreme Court in this bill exercise a direct review are,

1st, The State Supreme Courts; 2nd, The District Courts of

the United States; 3rd, The Circuit Courts of Appeal;

4th, Court of Appeals of the

District of Columbia;

5th, Court of Claims; 6th, Supreme Court of the Philippines.

The only cases in the proposed bill in which the Supreme Court exercises obligatory jurisdiction, that is by writ of error or appeal, are:

1st. Over the final judgments or decrees of state courts of last resort;

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courts. Such writs may issue to circuit courts of appeals and to the court of appeals of the District of Columbia, before or after judgment, but if before judgment, the application must be made before the hearing and submission in those courts.

It is impossible to estimate how many cases these changes

will transfer from the obligatory jurisdiction of the Supreme Court, as it is under existing law, to the discretionary jurisdiction of the Supreme Court, but it will be such a substantial number as greatly to help the Court to catch up. with its docket and to keep up with it thereafter. Jurisdiction of the

Circuit

Courts of Appeals

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tion of the circuit courts of appeal, from which we can get some idea of the change in the appellate jurisdiction of the Supreme Court of cases from the circuit court of appeals. Under the present law, the circuit court of appeals has appellate jurisdiction in respect to all cases from the district court, except the four instances of

direct appeal to the Supreme Court already mentioned, as still retained in the proposed bill, and also except in cases in which appeal can now be taken from the district court directly to the Supreme Court, on the sole question of jurisdiction of the district court as a federal court, on a question (Continued page 12, col. 1)

ILLINOIS BAR EXAMINATION

A Correction

Editor of The Law Student:

My attention has been called to a notice which ap

peared in a recent issue of your publication, "The Law Student," concerning the presumed change of date, in holding the Illinois bar ex

amination.

There has been no change of date for holding the bar examination in Illinois and the next meeting of the Board

will occur July 21 and 22, as stated in the published rule.

Yours very truly, Charles L. Bartlett, Illinois Board of Bar Examiners. [Editor's note: The news item cured by us through a clipping

(a) In cases in which the We come now to the pres- referred to by Mr. Bartlett was se

validity of the statute of a ent and the proposed jurisdic- bureau from an Illinois newspaper.]

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