Specimen Bar Examination Questions on Pages 8 and 9 THE LAW STUDENT Attorney-General Harlan F. | morale of law enforcement Stone, addressing the convention of the American Bar Association July 8th, declared that "notwithstanding the improvement, actual and potential, in our static law," the actual administration of justice in the United States was not im proving, and that there were multiplying evidences that it was in a period of decline, which began before the World War and was greatly accelerated by the war. agencies. Standards Lowered by Incompetence "For full a generation we have progressively lowered the tone and standards of the bar through the increasing numbers of those entering the legal profession who are without the adequate technical training and experience and without the background of liberal education, experience, and associations which make for moral responsibility. "The most important step "That decline," he said, "is for the improvement of the not due either to the form or law on its administrative side substance of our legal struc- is by improvement in the ture, which has been steadily training, character, and morale improving for a generation, of those to whom its adminbut is to be attributed rather istration is primarily committo our failure to develop that facility in translating legal rules into actual control of action which is essential to an adequate legal system. ted, by convincing ourselves LEGAL EDUCATION School and Office Study in Relation to Bar OCTOBER 1, 1924 NEWS OF THE Yale Law School Yale's commencement week activities began in earnest June 16th with the holding of the centennial exercises of the Yale Law School, at which Attorney-General Stone and former Attorney-General Wickersham were the principal speakers. Dean Swan of the Law School announced that gifts totaling $500,000 in securities and property had been presented to the school by Harold Depew of Elizabeth, N. J., of the class of 1907. It is proposed, the dean said, to establish chairs of law in honor of Ex-Gov. Simeon E. Baldwin and Chief Justice Taft of the United States Supreme Court. Clifton S. Thompson of New York delivered the class oration at the college classday exercises, and Walter S. S. Thompson, Jr., read the class poem. A memorial tablet to fourteen members of the class of 1918 who died in the World War was unveiled by Charles P. Taft 2d and Provost Henry "Fundamentally, there is no By Chief Justice Marshall of the Ohio Supreme Court S. Graves. [Editor's note: The following remarks are taken from an address by Chief Justice Marshall of the Ohio Supreme Court printed in "The Ohio Law Bulletin and Reporter" for April 14th, 1924. Not only are the bar examination statistics interesting as supplementing those of "The Law student," but the statements of the Chief Justice regarding legal education are of the highest importance.] Lincoln College of Law Lawyers constitute the chief defenders and preservers of the free institutions which the country now enjoys, Justice Frank K. Dunn, of the Illinois Supreme Court, said in his of the Lincoln. College of Law, of Springfield, Ill. The exercises were held at the Centennial Building. Penalizing Failure with reason why the office of the Vengeance public prosecutor should be a "The traditional mode of political office, and yet infinite 'dealing with failure in law ad- harm is done to the cause of ministration, on the part of law enforcement and good the law public, is by hue and government in this country in cry for a victim; some failure consequence of the fact that of justice, some scandal in its that office is either frankly atively modern origin, but they Association Law schools are of compar- library of the New York Bar alone contains administration, apparently for- and avowedly political or in have already largely supplant- more than 130,000 volumes and tuitous but more often inevit- any event is peculiarly subjected the method of learning law is increasing at the rate of address to the graduating class able, since these are but the to untoward political influ- in the office of a preceptor. more than 3,000 volumes per external manifestations of an ences. This fact is probably It is well known that for annum. The courts throughinternal disorder, stir the pub- more responsible for the lax lic conscience to demand ac- administration of law than all many years past a preceptor out the United States are and has been such only in name, have been for many years pubtion and reform. other causes combined." and that any practitioner who lishing an average of more This has been so, Justice has the ability to tutor a stud- than 25,000 opinions per an- Dunn said, since the time of ent has neither the time nor num containing an average of the Great Charter in England the inclination conscientiously 275,000 pages of printed mat- down to the present time. Page to attempt to guide him ter, a volume which no lawyer Three fourths of our presi1 through the mazes of the could understandingly read dents, one half of the cabinet changes and uncertainties of within three years, and the legal knowledge. A hundred bulk of the unwritten law has years ago Kent's Commentar- grown so great and its in In This Issue "The action demanded is the wreaking of vengeance. The reform insisted upon is that incompetent and corrupt officials must be removed and News of the Schools...... punished and new ones appointed in their stead. Once Legal Education appointed, they are left to Legal Research struggle on with all the forces Putting Art Into Study which rendered their prede-Legal Questions by Lawyers Intercollegiate Contest........ cessors incompetent or cor rupt. "The American bar should U. S. Constitution Anno- underlying forces which affect Student Prize Winners, 1924 which tend to break down the Reason Contest Winner 1 3 3 ies had not yet been written, crease so voluminous as to be 4 4 of human life, trade, and in- digest, or grasp, or even un- beginner was quite sufficient The law office acquisition of 5 if he possessed a thorough knowledge is rather by the 6 officers, two thirds of the senators, and a half of the representatives have been lawyers, Justice Dunn stated. Columbia University Law 5 knowledge of Blackstone's process of absorption than by senior class of Columbia Law Commentaries and of the the processes of study and School last May resulted in standard text-books on plead-analysis. It encourages the thirty eight out of a class of ing and evidence. The average student to lean upon his pre- one hundred and forty fail10 library consisted of only a few ceptor and discourages inde- ing to pass. The high percent 8 12 11 volumes. and any complete pendence of research. Many age of failures occasioned conlibrary of all law books then generations ago, the student in siderable discussion and comin existence would have con- a law office was a clerk, who ment at the time in school 14 tained only a few hundred copied documents and became circles. 14 volumes, while today the (Continued page 11, col. 1) (Continued page 7, col. 1) THE LAW STUDENT "To give the news of the law student world; to furnish material useful in preparation for the bar examination; to develop skill in legal research." A Journal published at intervals during the law school year by The American Law Book Company in the interest of Law Students and the Cause of Legal Education After one year of successful publication, "The Law Student" feels with all due modesty that it has come to fill a distinct place in the field of legal education. Not one adverse comment has been received, whether from law students, from law professors, from boards of bar examiners, or from members of the bar at large; indeed, so many kindly commendatory letters have been received speaking highly of the paper and its departments that all concerned in the venture are well assured that their efforts have been crowned with a due measure of success. This success, we are pleased to believe, is symptomatic of our having been of real use to the law students of the country in their endeavors to prepare themselves for their professional careers. Far from aiming to be dull and formal, it is the hope of this paper always to be bright and interesting; nevertheless, by far the greater proportion of our pages is devoted to matter of direct utility to the student. As an instance of such utility, we may cite the "State Bar Examination Questions with References for Full and Accurate Answers"-a department which, to judge from the comments, I has been of the greatest use to our readers. This department The Legal Year Begins SUGGESTIONS AND COMMENT will be continued during the current year. Students who Editor of The Law Student. desire more extended practice along the lines of analyzing Dear Sir: Editor of The Law Student. Dear Sir: review subjects which I have had by applying myself to the I note that "The Law questions outlined in your actual bar examination questions may secure it by purchas- Last night, Mr. G. Sellet, Leela C. Ketchens. gives training in legal research and affords opportunity for I would be very much ation Questions being espec- paper. I know I express the sentiments of the members of my class, and I can assure you we all look anxiously forward to the receipt of your paper. You are lending a great assistance to the law student. May the good work continue. Kenneth J. Creagh, Detroit College of Law, Detroit, Mich. Editor of The Law Student. I think perhaps an acknowledgment was sent to you for the numbers of "The Law Student" which you sent to this library at my request. Editor of The Law Student. Dear Sir: students, but you may send The writer, a Senior in Deyour journal C. O. D.). troit College of Law, is an I have noticed the frequent ardent reader of "The Law I wish to write to you permention of "Outlines for Re- Student," and desires, if possi-sonally that we are very grateview" in your columns. I have ble, to get a complete set. ful to you for your kindness never read it yet. Will you I would like to be the proud in sending us the numbers of also send me a sample copy possessor of a complete file the periodical. I am quite sure when you are sending your of this exceptionally interest- that they will be most useful "The Law Student?" Also a ing publication. to our students. price list? George A. Osborn, Librarian Rutgers College Library, To law students now beginning their course of study we extend our congratulations upon taking the first step toward entrance into an honorable profession and upon a successful and distinguished career; with students of an William Timothy Kao, older standing we renew with pleasure the acquaintance that The Comparative Law School, was interrupted by the summer vacation. Shanghai, China. I have had real pleasure in reading this paper and have gained much valuable information and have been able to New Brunswick, N. J. We are off again! More than 43,000 students in 156 law I wish that I might adecolleges are doing their daily dozen of mental gynmastics quately express the gratificain preparation for the task of handling the future litigation tion that was mine upon being of America. Theirs is a big job, both while in preparation advised that I had won a set and afterwards. It is an impossible task for those who are laboring under the misapprehension that they are going to learn all the law. No man can know all the law. There are 450 separate titles of law; 468,000 propositions enunciated; 1,600,000 cases. of Corpus Juris-Cyc in the Legal Bibliography work at George Washington University this year. Upon completion of the course I felt that I had The function of the law Of the 156 law schools in received a great deal through school is not to teach all the America, more than 120 now the study of it--but I had not law, but rather to impart a give such a course; and about at that time included a set knowledge of the basic or 90 of these schools make the of Corpus Juris in the invenfundamental principles of law; taking of this course a pre- tory. I can best express my appreto develop ability to think requisite to graduation. logically and coherently-we But until within a few years ciation and indicate the value might think past, much confusion and un-I place on the prize offered say to LEGALLY; to implant abil- certainty have existed as to by calling your attention to the best means of imparting the fact that I had already ity to find the law. this all important information ordered a set of Corpus Juris, of "how to find the law." considering it essential to. the Since the inception of schools of legal training, instructors have struggled with the problem of imparting a working knowledge of the principles of law and of developing the legal mind. But until a very recent date, comparatively little directed effort has been put forth to teach the student how to find the law. The assumption has been that a mastery of the basic principles backed by a logical mind would enable the student to accomplish research work almost unaided. courses PUTTING ART INTO STUDY "Study is the bane of boyhood, the aliment of youth, the indulgence of manhood and the restorative of age."-Landor. The greatest accomplishment that can be brought to maturity is to have learned how to study, and how to put art into your work. "Work without art is brutality." And it is the art one puts into his study that raises it above brute labor and makes of it an accomplishment. The application of one's mental faculties to learning what he wishes to know and to the storing of it in the mind for future use is purely intellectual, by itself and for itself. Some make of it a profitable pastime; to others it remains always laborious drudgery. It can be made an art or a time-server, a recreation or a punishment. The portals of the mind open readily to the art that makes the study hours entertaining and fleeting; but grudgingly to the drudgery that makes them perfunctory, toilsome, and seemingly interminable. Train yourself to put art into your study now while the attention is elastic and the mind receptive and impressionable. Later in life the mental faculties will not synchronize so spontaneously to attention's call; and if you have not meantime learned the art of study, you will stand still mentally in middle life, or learn only laboriously, by tremendous expenditures of nervous energy. It does not necessarily follow that, because one man can study easier than another, he will develop taste and talent for study to the same extent as the slower man. Such talent will be born and developed in the learning of how to divert oneself by study, and thereby put art into the work. While success in life is not dependent entirely upon study-measuring by material compensations, at least a certain amount of erudition is essential in any undertaking. It is the foundation of the professions, particularly of the profession of law; and a student of law must continue always to be a student, whether in college, at the bar, or on the bench. But merely to study and memorize is like picking fruit off the vine and leaving it to spoil in the basket -wasted effort unless supplemented by the reflection which creates thinking ability. Thinking ability wins the high marks in examinations as well as in the greater arena of actualities. Only by developing ability to think out and understand the practical operation of things practicable can one turn his study to good account. Otherwise "learning" becomes merely an idle fellow. Every entity and every action is susceptible of analysis. Their constituents have relation to each other, whether they be coalescent, cohesive, or simply manipulative. In law, the facts and their relation each to the other, and to the doctrine, must be reflected upon and thought out before the actual purpose of the law can be understood and applied. Knowing the doctrine by memory is not enough. Editors and publishers of proper completion of my law large cyclopedias and digests work and indispensable in the necessarily have known of planning of a small law lithe value of Legal Research brary. Training, since for as many Your liberality in offering years as such search books Corpus Juris as a prize is only have been published they have equalled by your cancellation developed courses on research of my order and the crediting and taught them, and they of the small amount paid to have had an infallible means the payment of future volof checking the results of umes. their instruction. They have The course taken was the recruited their editorial forces most practical and beneficial from men schooled in the in my law school work. We philosophic side of the law, were fortunate in having a and yet have been forced to very able professor, and in beWith this thought in mind, give extensive of ing materially aided by your magnificent libraries have training before such men, "Principles and Practice of been purchased at enormous even though brilliant scholars, Legal Research," and I feel that cost and placed at the dis- could be assigned to the task I gained more knowledge of posal of student bodies. Moot of finding and associating the law as a correlated subject courts have been held and the principles and cases with through the medium of workcases assigned to be briefed accuracy. The measure of ing with Corpus Juris than and tried. But little attention success of their courses of could have been brought home has previously been given to instruction was easily deter- in any other manner. The use the means by which the mined by the degree of pro- of Corpus Juris by law studsearcher attained his goal. If ficiency of the student when ents best illustrates its neceshe found the cases sustaining assigned to his desk as an sity, and, as Henry Ford says, his contentions, and made a editor. This enforced devel- "It sells itself" through the respectable showing at the opment of the art of research realization of its necessity. trial, he succeeded, regardless outside the law schools has Again, I wish that I might, of the fact that he may have proved of inestimable value in mere words, express my journeyed all around Robin to the professors who are be-appreciation to you for the Hood's barn in his search for ing assigned to teach Legal good fortune that is mine authorities. And one must not Research, and to the students through the wonderful prize forget the fact that it might they must instruct. Law given by your company. Behave been an economic im- schools and publishers of law lieve me, gentlemen, I apprepossibility for him to own the books alike are serving the ciate it. equipment he used to conduct same end. The publishers his search when it came to have given their experience to equipping an office and be- the schools, and assigned their ginning the actual work for most capable men to the task Death of Chief Justice Clark which the law school was de- of co-ordinating the material signed to fit him. on legal research and getting Chief Justice Walter Clark Times are rapidly changing. it in usable form for the of the Supreme Court of Law schools are coming more schools to pass on to the North Carolina died May 18th, and more to regard their students. 1924, at the age of seventy- ise of unusual attainments | Secretary Hughes Heads students as apprentices to a By the nature of their prod-eight, having been taken sud- early in his youth, not only profession rather than stud-uct the publishers of CORPUS denly ill after preparing to displaying intellectual gifts, but a physical courage and ents of an abstract science. JURIS-CYC have been in a attend church. They have awakened to the position to make very great Walter Clark was for twen- stamina that brought him fact that the successful law- strides in the development of ty-two years chief justice of through three generations of yer must not only master the Legal Training. the Supreme Court of North unparalleled events, a civil fundamental principles of the They have for many years Carolina and for fourteen war, a political revolution, and law and their applications, been covering the whole body years prior to 1903 an associ- an area of great constructive achievement. but must also be adept in the of the law with a work that art of applying his theories to bases its statements upon all actual facts and in finding precedents to support his contentions. This realization has brought into the curriculums a new subject; LEGAL RESEARCH TRAINING. Research J. B. Glasner, ate justice of the court. Had he lived until next Au the law as contained in all the gust the chief justice would Study much; but reflect more. The main purpose in acquiring a college education is to learn to think, the erudition being only a very useful by-product. To think, connect, associate, and compare subjects already mastered with those you are studying is practicing the "art" of study. Study, in this way, becomes a pleasure, and the subject studied becomes fixed in the memory. W. A. MAGILL. Chief Justice Clark was the editor of the treatise Appeal and Error in the third volume of Cyclopedia of Law and Procedure. It was his suggestion that the work be cited as The chief justice gave prom- “Cyc.” Bar Association At its July meeting, Secretary of State Charles Evans Hughes, former Justice of the Supreme Court, and candidate for President on the Republican ticket in 1916, was elected president of the American Bar Association to succeed Robert E. Lee Saner. You really don't know people until you know them by the backs of their heads. LEGAL QUESTIONS SUBMITTED ANNOUNCEMENT Answered by The Legal Research Department of The American Law Book Intercollegiate Contest for Law Schools and for Company Law Students in Moot Court Work The reason for this offer is In continuance of its established policy of encouraging: (1) Where an adoption | Your answer to my first | have put me on the track of proceeding has been litigated question gave me a New Jer-finding all the cases on that practice in the finding of authorities upon, and the investigabefore a court of original sey case I had not been able particular problem. tion and argument of, legal questions, which has been manijurisdiction on the ground of to locate. It may interest you (5) The following is from fested by the courses in legal research training and prizes. abandonment by the natural to know that your informa- a Massachusetts lawyer: in connection therewith, which have been offered by The Under parents, having been institut- tion enabled me to obtain a Supreme Judicial American Law Book Company in recent years, that company Court decisions in Massachued by the foster parents, and very satisfactory settlement. results in a decision by the (4) Where A buys an au- setts, declarations of husband now makes the announcement of a further prize to be tomobile from its original and wife are not admissible competed for by the law schools themselves, as well as by appellate courts that there purchaser, the car being in evidence as to the paternity the individual students in attendance at such law schools. was no abandonment, so that equipped with regular num- of a child born of the wife. an order for adoption cannot bered ignition lock, and C Where in Corpus Juris-Cyc that we believe that to the in- and a contestant will be rebe granted. Query: Would we copies the number from the can the citation be found? struction given by the school quired to brief both sides of be precluded in a habeas cor- lock while the car is parked, The answer of our Research perhaps equally as much as the question, in other words, pas proceeding from again lit- goes to a service station and Department referred the sub-to the ability of the individigating the question of the purchases a key to fit that scriber to Bastards, 7 C. J. p. temporary welfare of the particular lock, and then 944 12. child, and going into the facts steals A's car, may A hold the in general, or, is the whole service station liable for the scope of the habeas corpus loss of his car? Replying to the letter proproceeding covered by the The answer to the above viding information requested originally litigated adoption query referred the subscriber from you through your Legal proceeding, which has been to Negligence, 29 Cyc p. 501, Research Department, said finally decided? "Anticipation of Intervening letter bearing date of August The answer to the above Cause or Injury" and Estop-9, 1924, would say that the excellence of the training as reference met the exact pointvidual student may be recogwell as the ability of the indiquery referred the subcriber pel, 21 C. J. p. 1172 note 76. I am today in receipt of and referred to the ruling nized, we have decided to offer to Habeas Corpus, 29 C. J. your favor of August 9th, to- case p. 113 § 108. The subscriber acknowledged gether with extracts from Cyc Reports. plaint has been voiced by eduthe answer as follows: and Corpus Juris. These are I thank you, and shall again pus Juris-Cyc System comcators as to the undue promIn reply to your favor of of the greatest assistance to call upon your Legal Research plete to the date of award, inence given to contests in five to be given, one set to August 13th, I beg to say me in determining the solu- Department, should a situawhich the supremacy of one each one of the five contestthat I have found the refer- tion of the question which I tion arise requiring your exschool over another in matants who submit the best ence, which you made to Cor- had before me. I think you pert assistance. ters of athletic prowess is esbriefs and arguments upon a pus Juris, covers the situation. question to be announced by tablished, and it has been reThe American Law Book gretted by them that more attention has not been given The answer was acknow-ing to do with legal investi- lence of the brief, the judges I thank you very much for ledged as follows: in the Massachusetts to prepare ual contestant is due his suctwo arguments, cess or failure in contests hay-one against the other. In determining the excelgation. In other words, the (who will be the editors-intrained man, other things bechief of Corpus Juris or ing equal, defeats the trained man, and his training will give particular attention committee appointed by them) is due to the efforts of his law school. In order that the the contestant to make use of to the ability demonstrated by the practical working tools of un as a prize ten sets of the Cor your prompt attention to this "CONSTITUTION ANNIVERSARY WEEK" Company. request. (2) Does a national bank, which is organized under the laws of the United States, have to comply with the sev passed by nearly all the states? his profession. that from time to time com In conclusion, we would say This contest is to be open to competition in matters having to do with the more into students in every school in the United States, tellectual aspect of institu but no law school will be pertions of learning. The Amerimitted to enter more than one can Law Book Company hopes brief in the contest, and it that this contest may in a must sanction the entry of a measure, for the law schools brief or argument upon its be- at least, give them an opporThe faculty, or a representa- ability of their students in tive thereof, must select the matters which relate to things which will count directly upon brief which shall be repretheir success in their chosen sentative of the school. profession. "On September 17th we celebrated the 137 anniversary eral foreign corporation acts of the signing of the Constitution of the United States. "It is a day which meant much to the Revolutionary Banks and Banking, 7 C. J. fathers in Congress assembled and to each succeeding gen-half by one of its students.tunity to show the relative p. 760 §§ 584, 585 and Cor-eration of Americans, and will as long as this republic of porations, 14A C. J. p. 1255 the people, by the people, for the people,' shall endure. § 3957. "In keeping with a growing national movement, special exercises and discussions having to do with the Constitution were held in schools, churches, business and social organizations during the entire week. ing made to get a new minis- ally participated in the national observance by most carefully ant is enrolled, a set of the leges of law of the three great In reply to your letter of "An interesting feature of the recent program to bring the 20th instant we refer you about a better understanding and more thorough appreciato Fire Insurance, 26 C. J. p. tion of the Constitution was the NATIONAL ORATORICAL 218 note 44 where you will CONTEST conducted throughout the secondary schools, both find a New Jersey case in public and private, of our country. The United States was your favor. We assume that divided into 7 zones, the prize winner from each zone particithe church was cared for dur-pating in the National Contest held in Washington in June, ing the period in question. 1924, with President Coolidge presiding. First place, carrying In answer to your second with it a cash prize of $3500, was awarded to Don Tyler, of query see Fire Insurance, 26 Los Angeles."-From the Official Bulletin of the American C. J. p. 417 note 98. There Educational Association. In addition to the award to the individual student competing, the company will New Law Review award also to the school in A new law review to be which the successful contest-published jointly by the colCorpus Juris-Cyc System Illinois universities-Chicago, complete to the date of award, Northwestern, and Illinoisand will award to the school has been announced. represented by the student whose brief is the most ex "It is most fitting that September 17th be dedicated to is a conflict of authority on The United States Constitution is a bill of rights for in- "THE UNITED STATES CONSTITUTION ANNOTATED" A New and Exhaustive Guide to All Constitutional Cases and Questions fallible key to the immense labyrinth of constitutional decisions and constitutional law in general, indispensable both to the law student and to the practicing lawyer. The editor of "The Law Student" urges the purchase of this work by every law student and lawyer who may The Constitution of the United States-once character-read these lines. The book ized by the English statesman, William Ewart Gladstone, as the most wonderful work ever struck off at a given time by the brain and purpose of man-is the fundamental law of the United States. Construed tens of thousands of times by the federal courts and the courts of the states, through judicial construction this instrument has come to be far more than a sequence of sentences; each clause in fact now has a long series of adjudications construing it and defining its Juris-Cyc System where such applications. These adjudica- cases are cited, and copious tions are really of more im- excerpts from the decisions portance than the language of and illustrative applications cach clause itself, since they are given. It thus becomes authoritatively measure its the most efficient and speedy Scope, purpose, and effect. guide to all constitutional adThis great Constitution and judications and renders most its judicial constructions and simple the task of running commentaries are studied down all cases under a parevery year by more than ticular clause. With this book, 40,000 law students, while and with no other book, it is obviously has been planned to meet a real need, and it will prove its value in use. Like American Law Book Comother books published by The pany in connection with "The Law Student," this book is being sold practically at cost. (See page 16.) Never Too Late to Learn They brought the condemned man to the gallows. "Henry," said the sheriff, "have you anything to say?" "Yes sah. I'se got a few words to say. I merely wish to state dat dis suttinly is goin' to be a lesson to me!" WHEN COUNSEL FOR AN INDIGENT PRISONER "A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf." THE DEFENSE OR PROSECUTION OF THOSE ACCUSED OF CRIME "It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise innocent persons, victims only of suspicious circumstances, might be denied proper defense. Having undertaken such defense, the lawyer is bound by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty, but by due process of law. "The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible.' [From the Code of Ethics adopted by the American Bar Association in 1908.] every day the same body of possible for the lawyer to ex- DIAGRAM SHOWING ENGLISH COURT our constitutional law is be- haust all adjudications analing scrutinized and elaborated ogous to the question he has upon by the 125,000 lawyers in hand. of America. Yet, strangely The outstanding utility of enough, until the present the work, both to the student there has never been a work and to the lawyer, can be planned to index and correlate stated very briefly-it is an the tens of thousands of con- index to all cases involving stitutional decisions by the constitutional questions, and simple method of relating an index the more necessary them to the text of the Con- because the subject matters stitution itself, rather than to involved in cases construing the titles of law to which they particular clauses of the Conare carried under cyclopedic stitution are so various that and digest systems of classi- the most efficient way to fication. There are over 400 classify such cases for pursuch titles, and under practi- poses of comparison is to recally all of them fall cases in- late them to the text of the volving applications of consti- Constitution itself. This task tutional law. "The U. S. Con- has been performed by the stitution Annotated," by taking compilers of "The U. S. Conthese decisions and keying stitution Annotated." them to the text of the Con- the book, it will be possible for stitution itself, greatly sim- law student or lawyer to explifies the task of making haust at minimum expendian exhaustive search for all ture of time the precedents decisions construing or in- construing any particular volving any clause of the clause of the Constitution, Constitution. however different or variant their facts. With To the student this book will prove most useful in con- Not only will the book be nection with his course on most useful in answering and Constitutional Law by giving briefing constitutional queshim in the text the plain tions through its character as letter of the Constitution it- an index to all constitutional self and in the notes refer- decisions, it will also be useences to the Corpus Juris-Cyc ful merely as an accessible titles where will be found text of the Constitution itself, cited the many cases constru- available for instant refering each clause. Moreover, ence. nearly every line of the foot- It may be well to summarize note references to Corpus the discussion. "The U. S. Juris-Cyc indicates the specific Constitution Annotated" is subject matter of the cases the fundamental law of the treated at the place indicated. land, systematically taken up To the lawyer in practice the clause by clause and annotated book will prove simply inval- to Corpus Juris-Cyc, thereby uable. As stated above, con- to all decisions construing stitutional questions have been each particular clause. It is raised in cases necessarily an invaluable book with which classified in legal cyclopedias to begin research on constiand digests not under the tutional questions, since its title, "Constitutional Law," use narrows one's search from but under many variant titles. the beginning. It is a book "The U. S. Constitution An- highly suggestive when notated" refers in its notes to amining a statute for constiall the titles of the Corpus tutional defects, and is an in ex In the King's Bench and Probate, Divorce and Admiralty Divisions certain matters, such as appeals from inferior courts, are heard by two or three judges who sit as a "Divisional Court." All other matters are heard by a single judge. Appeals from the Supreme Courts of Scotland and Ireland go to the House of Lords; appeals from the Supreme Courts of the British Dominions overseas go to the Judicial Committee of the Privy Council (not shown on diagram). [Editor's note: The diagram herewith is reproduced by permission from the April, 1924, issue of the "Journal of the American Judicature Society." This diagram accompanies an interesting report in such issue on "English Courts and Procedure" by William E. Higgins, who, while Professor of Pleading and Practice in the School of Law of the University of Kansas, was employed by the American Judicature Society to devote a year to the study of the subject.] |