STUDENT PRIZE WINNERS OF 1925

The following is a list of the students who won prizes of Corpus Juris-Cyc at various schools throughout the country in connection with Dr. Kiser's Course of Legal Research Training conducted by the various schools in the year ending June 1925. These prizes aggregate approximately four thousand volumes, total value of which exceeds $30,000.00. The list is by no means complete, and additional reports reaching from the faculties concerning prize awards will be published in the next issue. The course has again been offered to the faculties of all law schools of America so that this prize offer is again available to students in all schools that adopt the course. Birmingham School of Law-Mr. E. Y. Barnhart, Ensley, Ala. Arkansas Law School-Mr. E. L. Wright. University of California-Mr. Herman F. Selvin, Berkeley. Southwestern University-Mr. Albert J. Ryan, Pasadena, Cal.; Mr. S. D. Seavey, Los Angeles, Cal. University of Colorado-Mr. Roy C. Hecox, Jr., Denver, Colo. Georgetown University-Mr. L. W. Creason, Farmington, Ky.; Mr. J. M. Keith, Lowell, Mass.; Mr. J. E. Sebree, Washington, D. C. George Washington University-Mr. E. R. Helferich; Mr. C. L. Lattin; Lt. B. M. Byington, Jr. Howard University-Mr. Alexander P. Tureaud, Washington. John M. Langston School of Law-Mr. Augustine Parker. National University-Mr. J. A, Campbell, Washington, D. C. Knights of Columbus Law School-Mr. David Rose, Brooklyn, N. Y.; Mr. John A. Overholt, Washington, D. C. Washington College of Law--Mr. Harry Friedman.

From Connecticut an aminer wrote:

"In my opinion the reason
that so many men who take
bar examinations fail is lack
of proper preparation. I am
a firm believer in the require-
ments recommended by The

American Bar Association of
two years college work be-
fore beginning the study of

law."

One of the Vermont examiners said:

Bar Examinations
(Continued from page 4)

A professor in a New York school writes:

to hurry it to an immediate rather than any defect in the culmination. dents fail to pass the test." All such stu- system of instruction or examination. It is, of course, "It seems to me very clear ex- frequently necessary for stu- that the large number of faildents to do their studying ures is due in a great measwhile engaged in law offices, ure to the very general reand without any direction, as cent efforts through the counto the character of study. It try to "raise the standards" tion will disclose that such While this effort is no doubt is my belief that investiga- for admission to the Bar. who commendable, I believe that students are the ones fail." the standards have been From a far western state an placed so high in some localities that many successful examiner writes: "The reason for the high lawyers of long practice percentage of failures in our could not pass the examinastate is probably different tions, and it is not strange, from that of any other state. therefore, that many law stu"As a matter of fact, the Our legislatures have pro- dents of average ability and percentage who fail, in Ver- ceeded upon the theory that a close application to their mont, is comparatively very man who has qualified him- studies fail, and succeed only small. In my judgment, this self to practice law by his after repeated efforts, in is due to the fact that the own unaided efforts ought some subjects." law school applicants usually not to be deprived of the A professor in a Colorado go to the better grade of privilege of practicing merely school writes: full time law schools, such as because he has not had the "I think I can give you Harvard and Boston Univer- opportunity to obtain a gen- certain reasons for the failsity, so that when they come eral and legal education ures in question; First: The Y. M. C. A. Law School-Mr. E. C. Duckworth, Clarendon, Va. up for examination they are through the recognized chan- questions asked too often J. B. Stetson University-Mr. Joseph G. Spicola, Tampa, Fla. prepared. As for the other nels. Consequently, there deal with the peculiarities and University of Florida-Mr. I. C. Campbell, Gainesville, Fla. class of applicants, most of are no educational require- technicalities of local statuUniversity of Georgia—Mr. D. G. Bryant, Shellman, Ga. them study in an office. ments as a prerequisite to the tory law; Second: Bar examAtlanta Law School-Mr. Vincent J. Hargadon, Atlanta, Ga. Those who, for one reason or taking of the examination. iners are appointed by the Emory University-Mr. R. B. Stephen, Pacolet, S. C. another, are not likely to suc- The result is that a compar- courts from the Bar in genIllinois-Wesleyan College of Law-Mr. Arthur F. Melvin, Her-ceed, are quite apt to become atively low percentage of the eral without any particular rin, Ill.; Mr. Orville Wollard, Herrin, Ill. convinced of this fact them- applicants for each examina- reference to the capacities of Chicago Kent College of Law-Mr. Helmer Hansen, Chicago, selves before they complete tion are graduates of recog- the examiners. The average Ill.; Mr. Robert Hill, Chicago, Ill.; Mr. Lawford E. the full three years' study in nized law schools-the higher lawyer has no idea what Carey, Zion City, Ill.; Mr. Leland E. Terry, Chicago, Ill. a law office required as a percentage who have failed questions to ask or how to Chicago Law School-Miss Mary V. Draper; Mr. A. Hilmer preliminary to an examina- are young men who have grade an answer. Suc Nelson, Chicago, Ill.; Mr. Hans A. Johnson, Chicago, Ill. tion, so that in this way quite pursued a desultory study in things are matters of expeDePaul University—Mr. Manning L. Ware, Chicago, Ill. a large percentage of other- law offices, and a consider- rience and training. I would The John Marshall School of Law-Mr. M. E. Abrams. wise possible applicants are able number of men, past ascribe the fault as largely to eliminated before they get forty years Benjamin Harrison University-Mr. Hiram E. Stonecipher. of age, who, this cause as to any other. University of Notre Dame Mr. E. R. O'Toole, Amboy, Ill.; around to take the examina- having endeavored to make Third: There are numerous Mr. Andrew H. Wolski, Chicago, Ill.; Mr. Allen R. tions. In cases of failure be- a success in other walks of fly-by-night law schools, Travis, South Bend, Ind. fore the examiners, it is usu- life and failed, have con- largely patronized in these Drake University-Mr. Fey Harold Moody, Des Moines, Iowa. ally, due to lack of hard ceived the idea that they days, which cannot and do University of Kansas-Mr. Daniel S. Millman, Kansas City, Mo. study or the unfitness of the were born to practice law. It not give their pupils any Washburn College of Law-Mr. Rubert G. Martin, Topeka. applicant to grasp legal sub- is true that in a new state philosophic understanding of University of Kentucky-Mr. H. C. Johnson, Hazard, Ky. jects. Failure of the attor- such as ours there is occa- the fundamental principles the ney, in whose office he may sionally a candidate who is underlying various Jefferson School of Law-Mr. F. M. Burke, Pikeville, Ky. have studied, to supervise the able to demonstrate his abil- branches of the law. The University of Louisville-Mr. Herman G. Handmaker. University of Maryland Mr. Thomas A. DeLauder, Baltimore, applicant's law studies, is ity to practice law, although knowledge of their graduates Md.; Mr. W. E. Wolfel, Baltimore, Md. also, in some instances, a con- his general and legal educa- is largely superficial, and is Boston University-Miss Madeline Piper, Cambridge, Mass.; tributing cause in my judg- tion has been obtained by his concerned merely with legal I own efforts, without the aid mechanics. The first quesMr. Samuel Levy, Lynn, Mass. An examiner in Michigan of a regular course of any tion that fails to run in the kind. wrote: It is also true that regular rut presents insuperI think it "Waiving the deficiencies there is occasionally a man able difficulties. in the examinations and the past forty years of age who will be found that the gradexaminers (and it is well for demonstrates that it is pos- uates of the better schools the members of our Boards sible for him to take up the furnish a very small percenof Examiners at least not to study of a new subject, such tage of the failures." as that of law, and master ignore this element) I am A professor in a university school of Tennessee confident that the principal the same, but it is very law doubtful if these occasional writes: reason for the unnecessary exceptions justify the sifting "We consider that, primarfailures by applicants in receiving the approval of the process that has to be gone ily, this is due to the fact Michigan Board of Law Ex- through to eliminate those that students are not suffiaminers (and doubtless sim- who are not qualified and ciently posted with respect to ilar conditions exist else have not had sufficient train- statutory modifications and where) is due to the inade- ing to appreciate the fact matters of practice and proquate preparation of the ap- that they are not qualified. cedure of the states holding plicant. I have not in mind We have had very few fail- such examinations." lack of preparation by the ures of regular law school student in particular subjects graduates who have applied of the law, nor for that matter in all subjects of the law. What I have in mind antedates and underlies the course in legal education." From Louisiana an examiner wrote:

Portia Law School-Miss M. B. Lindall, Dorchester, Mass.
Northeastern University, Springfield, Mass.-Miss Loretta F.

Feighery, Springfield, Mass.

Detroit College of Law-Mr. Maurice D. Sharai, Detroit.
University of Minnesota-Mr. Stanley A. McKay, Minneapolis.
St. Paul College of Law-Mr. William P. Berghuis.
University of Missouri-Mr. L. C. Overstreet, St. Louis, Mo.
St. Louis University-Mr. Leo Lyng, St. Louis, Mo.; Mr. James
P. Shannon, St. Louis, Mo.

Creighton University-Mr. Milton Abrahams, Omaha, Nebr.;
Mr. Hervin Ellenberger, Omaha, Nebr.; Mr. Anthony
Zaleski, Omaha, Nebr.

University of Omaha-Mr. J. W. Holonbeck, Omaha, Nebr.
University of Buffalo-Mr. Carl T. Yeager, Buffalo, N. Y.
New York Law School-Mr. Joseph O'Grady, Brooklyn, N. Y.;
Mr. Joseph W. Grinker, New York, N. Y.
Syracuse University-Mr. J. Vincent Dempsey, Syracuse, N. Y.
Akron Law School-Mr. P. J. Patten, Akron, Ohio.
St. Xavier's College of Law-Mr. Robert J. Gabel.
Western Reserve University- Mr. Howard E. Hendershott,
Youngstown Law School-Mr. D. E. Strait, Youngstown, Ohio.
Dickinson School of Law-Mr. Paul Rupp, Harrisburg, Pa.
University of Pittsburgh-Mr. John H. Bozic, Meadville, Pa.
University of South Dakota-Mr. Emil H. Mayer.
Chattanooga College of Law-Mr. Noble Simmons.
University of Memphis—Mr. Wm. G. Morrison, Memphis, Tenn.
Vanderbilt University-Mr. C. H. Peay, Nashville, Tenn.
Baylor University-Mr. Edward W. Thomerson, Waco, Texas.
West Virginia University-Robert M. Muir, Welch, W. Va.
Marquette University-Mr. John A. Meleski, Lena, Wis.
University of Porto Rico-Mr. Rafael Arroyo, Humacao, P. R.;
Mr. Diego O. Marrero.

ment."

"As to the reason why the percentage of failures is so large, it is my judgment that lack of preparation by the applicant is the sole cause,

themselves to their studies
while pursuing their courses."

Law School Professors From law school professors there was received a very large volume of replies to the inquiry why so many students fail to pass the Bar. These replies are interesting as developing the viewpoint of the teaching branch of the profession.

An instructor in a Missouri

law school states:

causes.

"The large number of failures in bar examinations is traceable in my opinion to two First, the student often pursues his law course superficially, failing to correlate the principles enunciated in the various courses There is a tendency in law schools to lay stress on exceptions to general rules and to extend the curriculum to (Continued page 13, col. 1)

Editor's Note

With our first selection of state bar examination questions for the current school year we desire to state, as emphatically as possible, as we have done many times before, that the questions are published simply and solely to give law students opportunity for practice in analyzing and dealing with actual bar examination questions, not in an attempt to instruct in the law by any method of quizzing. The questions are not intended to serve in any shape, form, or manner as a "quizzer," and so to use them is to invite failure, not only in law school, but later before the board of bar examiners. Legitimately used to acquire facility in analyzing states of fact, and in applying thereto the fundamental principles of the law, these questions will be of great utility to the student. Illegitimately used, either to the neglect of law school work or as a means of endeavoring to learn law, they can only result in disappointment and failure.

Legal Research

The utility of these questions is not limited to testing the student's ability to answer them. If, after writing his tentative answers, he will search the Corpus Juris-Cyc System for verified answers independently and without depending upon the citations, a very valuable periodical training in legal research will result.

Reasoning from Fundamentals

At the present time nearly all bar examination papers expressly state that the examiners require that all answers from applicants be supported by legal reasoning. It is important that the student should train himself in the process of analyzing these questions to reach the fundamental principles of law involved, in order to enable him to state such principles in any given case as the reasons controlling his

answer.

Editor's note: References for answers are made to Corpus Juris-Cyc because bar questions are so wide in scope that all of them can be answered precisely only by a work that states all the law as established and developed by all the cases.

STATE BAR EXAM

(1) A owned a field of 40 acres of corn. B owned 100 head of cattle which were running at large in the neighborhood of A's corn. These cattle got into this corn one night without the knowledge of either A or B and damaged the corn to the extent of $275.00. Draw a complaint for the recovery of this damage. (See "Animals," 3 C. J. section 460.)

(2) The boundary between land of A and B was described as "running in a straight line from a large stone to an oak tree." A and B being in dispute as to the boundary met upon the land and orally agreed upon a certain stone and tree and built a division fence along that line. Shortly after, it was discovered that the true line ran further on A's land between another stone and another tree. B thereupon moved the fence and A sues in trespass. Judgment. Reasons. (See "Boundaries," 9 C. J. sections 175, 176, 177, 178, 182, 183.)

(3) A tenant of a factory building placed therein a boiler, steam engine, pump and heater without any special agreement with the landlord. A creditor of the tenant attached these articles, with others, as the property of the tenant. The tenant thereafter failed to pay rent and the landlord obtained judgment in summary process and was put in possession of the leased premises. After the landlord obtained possession, the creditor caused the attached property, still remaining in place upon the premises, to be sold and the purchaser claimed the boiler and other property from the landlord, but the landlord refused to permit the boiler, engine, pump and heater to be removed, claiming them as part of the realty. What were the rights of the landlord to this property before and also after the termination of the tenancy? Explain. (See "Fixtures," 26 C. J. sections 81 ff, 97, 107.)

WITH REFERENCES FOR F

pass qu. cl. fr. against B. B defends on the gro that A has neither title nor right of possession. W of this defense? (See "Trespass," 38 Cyc pp. 10 1020.)

(6) A executes and delivers a deed of a trac land to B, and on the same day executes and delive deed of the same land to C. B's deed is recorde the forenoon of the following day and C's dee recorded in the afternoon of the day in which B's is recorded. B and C each claim priority. It is sh as a fact that the deeds were delivered simultaneou What were the relative rights of B and C and w bearing had the time of recording? (See "Vendor Purchaser," 39 Cyc p. 1727.)

(7) The X Company engaged in manufactu had accumulated a surplus largely in cash and larger than was needed for its business which was had been for many years exceedingly profitable. Directors proposed to use the surplus to enlarge Company's plant although it appeared that this wo not increase the corporation's profits but that it wo enable the corporation to sell its product cheaper would also enable the corporation to hire more ployees at high wages. A minority stockholder sou equitable relief to prevent the carrying out of project and to compel the Directors to declare a dividend of such part of the surplus as was not ne in the business. Judgment for whom? Give reas (See "Corporations," 14 C. J. sections 1229 ff, 12

(8) The laws of the State of Indiana permit organization of a corporation for mercantile or m facturing purposes. Certain persons presuming to under these laws purported to organize a corpora called The First Mortgage Company for the pur of guaranteeing and selling real estate mortg Thereafter the First Mortgage Company entered i contract with A to sell him certain mortgages gua teed by the Company. A refused to carry out the tract and thereupon the Company sued him for b of contract. Has A any defense? Give reasons. "Corporations," 14A C. J. sections 2075 ff. 216

(9) A police officer, appointed and paid by City of Boston, assaulted A while attempting to a him for violation of a city ordinance, more ford ing used than was justifiable. A sued the city.

Scope of Questions Considerations of space prohibit our printing more than twenty or thirty questions in above, the object of this de- point is to give enough ques- test, and may acquire capacity comprising five hundred sta an issue. Of course, within partment is not to afford a tions to be representative of to analyze and deal with such bar questions, with reference such limits it is impossible to quizzer, and the fact that only the various state bar examina- questions. Those interested in to the Corpus Juris-Cyc Sy cover any considerable part of a small proportion of legal tions, that the earnest student a more inclusive selection of tem for accurate answers an the fundamental principles of principles can be touched upon may be familiarized with the questions are referred to our all the cases from each Amer the law. However, as stated is not important. The main character of his approaching "First Book of Bar Questions," can jurisdiction.

TION QUESTIONS

ND ACCURATE ANSWERS

Our "First Book of Bar Questions," comprising in all five hundred state bar examination questions, is now ready for shipment, price $2.00. All questions are keyed to answers in Corpus Juris-Cyc and to the cases in point from your own state jurisdiction through Corpus Juris-Cyc.

to him? (See "Municipal Corporations," 28 Cyc immediately after the accident, as to how it happened, 1299-1301.)

12, M borrowed $2,000 from A, which A lent on verbal agreement of H made at M's request and s presence to see the loan repaid if M failed to M did not pay, but H did upon A's demand. hereupon sued M for the amount involved. M set defense that H's agreement was unenforceable ause within the Statute of Frauds. Judgment for m? Why? (See "Frauds, Statute of," 27 C. J. tion 28; "Principal and Surety," 32 Cyc. pp. 257,

13) A, a Hartford merchant, had an agent, B, in maraiso. B, in Valparaiso, made a contract with C

behalf of A. A was at the time dead, but neither or C knew it. Under the laws of Chile an agent's thority is not revoked by the death of the principal thout notice; in Connecticut it is. C sued A's execuon the contract in Connecticut. Can he recover, f so, why? (See "Conflict of Laws," 12 C. J. as 29, 30; "Agency," 2 C. J. section 316.)

14) The administrator upon the estate of A, desed, brought suit against a savings bank to recover amount claimed to be on deposit in the bank in the e of A. Upon the trial the plaintiff offered in evite declarations made by A as to the money he had The bank; also declarations of his wife made in his Sence upon the same subject. What ruling and (See "Evidence," 22 C. J. sections 193, 206.)

15) In an action against a street railway comfor personal injuries, the plaintiff offered to prove arations of the motorman on defendant's car, made

and his admission that he was at fault. What ruling
and why? (See "Evidence," 22 C. J. section 440 ff,
particularly section 466, note 93 [d].)

(16) A woman deposited $500 in a savings bank in her own name as trustee for W, then a boy of 13. From all the facts it appeared that she then intended a gift to W to take effect at that time or at some future time. A year after she drew out part of the money and two years later drew the rest, appropriating it all to her own use. A year later she died, leaving a will in which W was not mentioned. W knew nothing about the matter until after her death. Assuming a legal capacity in W to sue, what should be the result of an action against her executor to recover from the estate the amount deposited, and explain the situation? (See "Trusts," 39 Cyc p. 67 ff; "Gifts," 28 C. J. section 63.)

(17) Upon the trial of A for the murder of B the defense offered several witnesses to prove that C had confessed to them that he killed B, and also offered to prove that C was, at the time of the trial, out of the country. What ruling and why? (See "Criminal Law," 16 C. J. section 1233, particularly text and note 17; "Homicide," 30 C. J. section 389.)

(18) A common carrier transports coal on barges consigned to the plaintiff at the plaintiff's dock. The plaintiff neglects to unload the coal for three weeks after the arrival of the barges. The carrier then refuses to permit the plaintiff to unload the coal unless the plaintiff will pay demurrage charges. Plaintiff brings an action of replevin against the carrier. Judgment for whom? Why? (See "Carriers," 10 C. J. section 733 ff, particularly section 744; "Shipping," 36 Cyc p. 371.)

(19) What is the purpose of a writ of certiorari? (See "Certiorari," 11 C. J. sections 1, 2.)

(20) What are the rights and obligations of a finder of lost property? (See "Finding Lost Goods," 25 C. J. sections 2-14.)

legal conclusions. The question which merely states facts obviously is better adapted to this end, inasmuch as it requires analysis to reach through the controlling facts to the controlling legal principle.

General Principles

It will be useful for the student, after analyzing each question, and attempting to discover for himself just what fundamental principle of the law is involved in the facts, to turn to "Outlines for Review" and see what the fundamental principle is, then to turn to the Corpus Juris-Cyc citation for the specific application of such fundamental principle. If this is done habitually, the process cannot but fortify the student's powers' of legal reasoning.

Conclusion

We strongly urge each one of our readers to make full use of these bar examination questions by reading them as we have suggested in this issue and prior issues, and by always endeavoring to reach the correct specific legal conclusion by a process of reasoning from the fundamental principle of the law-thus developing capacity to satisfy bar examiners on the point which they are most sedulous to test.

These questions stand unchanged as they came to us. We have made no effort either to choose simple ones or ones very complex and involved, but I rather have sought to produce a group truly representative of; if somewhat shorter than, the average bar examination. It is our opinion that we have succeeded in this-no very difficult task and it is most certainly true that any student who can answer the greater part of these questions in respectable fashion, giving sound reasons for his views of the law on the points involved, should experience no trouble in passing any average bar examination. The questions here given of course do not involve all the main principles of the common law, but they are wide enough in becoming less and less in favor scope to justify the inference asks that a legal conclusion be with examiners as they appre- that one capable of answering drawn therefrom. The second ciate and emphasize the impor- them is also capable of answertype of question, more direct, tance of testing each appli- ing others of like character but and calling for a brief discus- cant's capacity to reason from illustrating other legal princision of some point of law, is fundamentals to correct specific ples.

(21) In what cases is a written contract necessary for the sale of personal property? State a case where a written contract is necessary, also when no writing is required. (See "Frauds, Statute of," 27 C. J. sections 234-303.)

Character of Questions treatment. Study of a great tion, which narrates facts and

In the present selection, all many recent bar examination the questions seek a legal papers makes evident that the nclusion from facts stated present tendency on the part of xcept (19), (20), and (21), the examiners is strongly towhich call for the brief essay ward the first type of ques

LEGAL DUTY OF ATTORNEY TO CLIENT

In whatever branch of his profession a lawyer is employed, he is understood as contracting with his client that he possesses such a degree of learning, capability, and skill as is commonly found in an ordinarily good practitioner, and that he will exert himself in the client's business with a proper and reasonable amount of care, activity, and prudence. He does not undertake to make extraordinary and unreasonable exertions; nor does he guarantee that success shall invariably crown his efforts. Neither must he be understood as representing himself to be gifted with that measure of sagacity and learning which is attributable only to the most eminent members of the profession, unless he unreservedly assumes the management of affairs of such vital importance and inherent difficulty as should only be intrusted to eminent counsel. But if he is found lacking in the knowledge and capability which are ordinarily and reasonably expected of any reliable attorney, whereby his client suffers a loss; or if he fails to exercise an ordinary and proper degree of diligence and attention, he makes himself liable for the results. [From "American Law Review," 1887]

Israel regarded Jesus much as The people of the race of we of today do the man who quirements of the Jewish law, preaches and favors an un- an adjournment was made, and affection to the defendant elicIn in the early morning of April the query-"Are you and the was the following short, the Jews were carried 7, which away by their belief that Jesus day, the Sanhedrin reassembled solicitor, then, coming into the was a trouble-maker, one who to go over the proceedings of was breeding dissension and the day before and prepare the creating a disbelief in existing judgment or decree, which, together with Jesus, was brought before Pilate.

Bar Examinations
(Continued from page 9)

a

THE LAW STUDENT'S DIGEST

"Nothing like a little judicious levity."-R. L. Stevenson.

include practical and special as good as those which call From a Pacific coast state subjects to the detriment of for general principles and a Board member wrote: the student's training in fun- their application. The latter "I believe the best form of damentals. Second, the ques- is the kind of question of examination question is Words and Phrases-"Meadow." "As to 'meadow' John tions submitted by examin- which I make the most use statement of a hypothetical its ordinary meaning to be a cultivated and tended grass plot, Milton, that great master of our English tongue, understood ing boards often seem tech- in my work in the law case, not nical and are based fre- school. Questions on gen- nor one containing any contoo complicated, for in L'Allegro he speaks of 'Meadows trim, with daisies quently on cases reversed by eral principles are fair to the cealed ideas or pitfalls, and is Crook, 132 N. C. 1053, 44 S. E. 32, 33. pied,'-and the law writers take the same view." State v. our appellate courts." candidate, because they usu- the best test rather than askA professor in a Michigan ally give him an opportunity ing for those things which to manifest what knowledge call for an exercise of the he has, while the more spe- memory.

'school states:

"I would say that most decidedly the primary cause for the increased failures in bar examinations is the raising of

cific question may be the only question upon the subject that he is unable to answer. the standards of accomplish- fine mind, at a public oral exI once heard a candidate of ment set by the Bar Exam- amination, asked the question iners. This is no doubt man- Can a director of a corporifested both in the difficulty ation act by proxy?' He hesof the questions or problems itated a few seconds, during propounded to the applicants, which I could almost see his and the strictness in the think-tank working, and grading of the answers. The rightly answered 'No.' result of this higher standard No other question was asked inevitably is to weed out him. If in the confusion and many of those who are not embarrassment of the situaso well prepared." tion he had answered 'Yes,' his examination would have been a failure, and very unjustly so."

It will be observed that while in substance these law school faculty opinions point to inadequacy of preparation as the primary cause for bar examination failures, nevertheless they embrace an element of criticism of the character of the examinations

themselves.

The Ideal Bar Examination

The second question addressed to judges, bar examiners, and law school professors was: "What should be

A member of the Board in the character of bar examin- another Mississippi valley ation questions?" The re- state wrote: plies received to this inquiry were most interesting.

Judges
court justice

A supreme wrote:

wrote:

"From my observation and experience as a member of a Board of Law Examiners, it is my judgment that the most satisfactory test on an examination is to be found in questions which state cases to be discussed and decided by the law student."

A member of the Virginia
Board wrote:

Words and Phrases-"Obstruction." "An obstruction, like There are some dirt on a boy's face, is merely matter of place." State v. Malsubjects, such as pleading pass, 127 S. E. 248 (N. C.) and evidence, where a knowledge of rules is essential, and Insane Persons-Widow Anxious to Marry. "When a can be gotten by questions of suitor to another and boasts about her conquests, such conduct the knowledge of a student widow is anxious to marry and shows the love letters of one a different form, but if a state does not evince insanity. If it did lunatic asylums might have of facts is placed before the to be very much enlarged." Cole v. Cole, 5 Sneed (37 Tenn.) student, his ability to dis- 57, 70 Am. Dec. 275. cover the principles of law involved and his application of them, I believe gives the examiner the best test of his qualifications."

From Arizona a member

writes:

trating a mule the admission in evidence of an almanac to Animals-Castration of Mule. "In an action for casprove that at the time of the castration the moon was in a certain sign or constellation of the zodiac commonly known as the sign of the brain, is not reversible error, when it does not appear that the jurors were believers in astrological influences, "It is desirable that there or that it was shown from the almanac that damage would folbe some questions testing the low castration when the moon was in such sign or constellaapplicant's knowledge of gen- tion." Norris v. Banta, 21 Tex. 427. eral principles. The plan of asking questions to be anBarber-Impression on Face. "Frequently the impression swered 'Yes' or 'No,' which made by a barber on a customer's face is similar to that made are generally drawn so as to by a carpenter with his saw,' and a barber is a mechanic, alcontain some error which the though 'to look at him, the barber appears to be a professional applicant is required to per- gentleman." Terry v. McDaniel, 103 Tenn. 415, 53 S. W. 732. ceive in order to answer the same correctly, is unsatisfacIndictments and Informations-Charge of Assault. tory. It gives too large a prominence to the element of indictment charged that an assault was committed upon a chance, and tests only the ap- woman big with child by means of certain unlawful, felonious, plicant's knowledge of what and false representations, knowingly, feloniously and wilfully is correct law. It does not made by the defendant and that he 'by reason whereof, wiltest his ability to point out to fully and of his malice aforethought, did violently squeeze' said someone else what is incor- woman in and upon her belly, 'commonly called the abdomen.' rect, and why it is incorrect, Held, that such indictment was insufficient to support an arguwithout which no one can be ment." State v. McBride, 26 Wis. 409. a successful advocate."

"An

Law School Professors principle of law involved cific facts. Facts can be There is complete unanim- when a case comes to his at- found by any one who has a ity on the part of law school tention, and, having done so, working knowledge of how professors in the opinion that he is then able to find the to use the library, whereas a "I think the proper kind of bar examination questions specific law applying to that student who has knowledge a question to be put to applishould be based on general particular case. A student is of facts, but lacks the power cants for admission to the A Board member in a principles of law rather than certainly no more capable of of legal reasoning, will most bar is a supposed case, be- northwestern state wrote: the more specific rules. The rendering an offhand opinion certainly have difficulty in cause it is a case with which "In my own view, the ex- following is a representative as to a case involving spe- arriving at a logical conclulawyers always have to deal amination should be largely group of opinions: cific facts than is an expe- sion." -that is to say, certain con- upon the general principles, "It is my opinion that rienced attorney. If this is "In my opinion a knowlcrete facts. I think the ap- of the law." questions asked on bar ex- true it should not be de- edge of the general prinplicants should be judged by aminations should deal with manded of him on a bar ex- ciples and theory of law is the knowledge they show of general principles rather than amination." more essential to a law stugeneral principles, and their "My personal view as to with specific facts. It is my "My experience of twenty- dent than a knowledge of ability to apply them to a the character of questions to view that a law school can- eight years as an instructor specific and perhaps unrelatgiven case." be asked is that as far as not do more than give the in a college of law has re-ed facts pertaining to the Another such justice possible they should be of a student knowledge of the sulted in a strong preference law, obtained in many inpractical nature. That is, in- fundamental principles of for testing the knowledge of stances immediately before "Abstract questions based stead of asking for defini- law. If an attempt is made the law student by hypotheti- an examination by intensive on exceptions to the general tions or abstract principles of to cover all of the exceptions cal questions embodying a study. The knowledge of rules of law or some unique law, that a state of facts be to the general rule, the mind state of facts to which prin- these specific facts is of no experience the examiner has given, simple enough not to of the student becomes mud- ciples of law are to be ap- great value to the student, had are unfair to the appli- confuse the applicant, an an- dled and as a result he is not plied. The application of because, when the stress of cant and I don't think have swer to which involves the well grounded in anything, legal principles to specific the examination is over, these any place in the examination. knowledge of a general prin- Even the most experienced facts is the daily work of the specific facts are soon forgotI think all questions should ciple of law. This method attorney must refer to the lawyer, and such a test surely ten, while a thorough knowlbe stated in a manner to give cannot be pursued in all in- books to determine the law goes directly to his prepara- edge of general principles and the applicant a broad range stances, but where it is ap- where a case deviates from tion and fitness for the pro- theory of law is a sound mosaic upon which a student in the test of his knowledge plicable I think that it is the the fundamental principle, or fession." The where the facts may call into "In my opinion, questions can build. For that reason I should be in harmony with objection to questions involv- play some exceptions taking in bar examinations are most am of the opinion that examing a definition is that each the case out of the general proper direct his scheme of preparation." a iners should their paper is not read by all the rule. In my opinion if a law knowledge of the general questions more to bring out Still another wrote: members of the Board, hence school can make a student principles of law, rather than the student's knowledge of "Answering your letter there will probably be differ- well grounded in the general a knowledge of specific facts general principles and theory more specifically, I think ences in grading, depending principles of the law, it has of the law. Students of the rather than his knowledge of that the questions which de- upon how the definition accomplished its purpose. law should be trained to specific facts. Questions on mand a knowledge of 'spe- given impresses the examiner The student is then qualified think and reason along legal specific facts are oftentimes cific facts of law' are seldom reading the paper." 10 determine the general lines, rather than taught spe- (Continued page 16, col. 1)

of

the fundamentals, and

best form of question.

which

demand