TWO BOOKS every Student and Lawyer Should Own A book to remember by and a book to check up by See Special Offer Below Make yourself a Christmas present of these two books: OUTLINES FOR REVIEW, by William Lawrence Clark, one of the ablest and the best known law writers of the past quarter of a century, and the FIRST BOOK OF BAR QUESTIONS, containing 500 actual State Bar Examination Questions, with references for full and accurate answers. These two books and a free subscription to The Law Student for this school year will make a splendid Christmas present, either for yourself or for some young lawyer or law student of your acquaintance. "Outlines for Review" is a complete analytical summary of American Law that will renew your mem ory of all you have learned since the beginning of By using OUTLINES FOR REVIEW in con- SPECIAL OFFER The Handicap of Riches So wise and profound a student of affairs as the late Sir William Osler, in reviewing the career of Dr. William Pepper, professor of medicine at the University of Pennsylvania (Philadelphia Medical Journal, 1899), wrote the following concerning a career begun under the handicap of great wealth and an inherited great name. We will send you postpaid, on receipt of $3.75, these two books,-OUTLINES FOR REVIEW and BOOK OF BAR QUESTIONS, with Picture of our Lawyer Presidents for framing, and The Law Student for one year; or we will send C. O. D.; or charge to your account if a Corpus Juris subscriber. The American Law Book Company, 272 Flatbush Extension, Brooklyn, N. Y. FOR OTHER SPECIAL OFFERS, SEE PAGE 13 "William Pepper began life under conditions which are very often unfavorable to success. His father, a distinguished physician, the professor of medicine in the school in which his son was educated, belonged to a family of position and influence. For the young man there were none of those tempering 'blows of circumstance,' no evil star with which to grapple and grow strong. Quite as much 'grit' and a much harder climb are needed to reach distinction from the top as from the bottom of the social scale, and to rise superior to the res abundans domi has taxed to the uttermost many young men in this country. We have heard nothing of the selfmade men who are always on top; it is time now to encourage in America the young fellow who is unhappily born 'with a silver spoon in his mouth.' Like the young man in the Gospels he is too apt to turn away sorrowfully from the battle of life, and to fritter away his energies in Europe, or to go to the devil in a very ungentlemanly manner, or to become the victim of neurasthenia. To such the career I am about to sketch should prove a stimulus and an encouragement." News of the Schools high, being L shaped, fronting third floor of the east wing changes in Marquette Univer(Continued from page 14) 100 feet upon Grand Avenue is devoted to a reading room sity this year; but the followand extending 61 feet south known as the Grimmelsman ing new courses are offered: Avenue and Eleventh Street on Eleventh Street. It is fire- Memorial Hall. It is approxi- Principles of Legal Liability since September, 1910. The proof throughout. mately 60 feet long and 30 taught to first semester freshschool's rapid growth has renfeet wide. The roof is high men, Legal Argumentation and On the first and second pitched, and there are large Debating for freshmen, and dered the present building in-floors are recitation rooms, ornamental windows at either Legal Research Training adequate and a new building which will be ready for ocoffices, and a moot court ap- end. Directly opposite the en-course required for seniors, immense stone second semester. Despite the cupancy with the opening of propriately furnished and hav- trance is an the school in September, 1924 ing ample room for specta-fireplace. The general design raise of entrance requirements is nearing completion. tors. The third floor and the of the room is similar to the the day and evening sessions Old Hall of the Middle Tem- of the Marquette University The architectural style of mezzanine floor of the west ple, Inns of Court, and other College of Law for the school the new building is Collegiate wing are used for the library collegiate buildings in Eng-year 1924-25 show the largest Gothic of the Tudor period, and stack room with a capaci- land. registration in the history of three and one-half stories ty of 50,000 volumes. The There have been no faculty the school. The boy who starts at the bottom of the social and economic ladder at least has this advantage; he need not fear a fall. With everything to gain and nothing to lose he can go ahead confident that in this country of equal opportunity for all he will get what he earns and become what he makes himself. STUDENT To distribute "The Flatbush Ext., Brooklyn, N. Y. Wife which can be answered 456. by reference to Mr. Clark's text or to Corpus Juris-Cyc. 457. 458. 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 JurisCyc citations in the footnotes to Mr. Clark's text, first, to learn the application of the legal principles to specific 459. states of fact, second, to discover the exact position of your state jurisdiction on the 460. principles and applications thereof involved in the questions. 461. The problems printed herewith are more in the nature of questions from a bar examination than they are in the nature of a quizzer, and just as our specimen state bar examination questions (see 462. pages 8 and 9) can be used as training in analyzing fairly complex states of fact, so can these problems from Mr. Clark's book. Corpus JurisCyc references for correct 463. answers are given after each problem. Questions 444. Define "marriage." What is the general object of "Married Women's Acts?" What rights of cohabitation and intercourse was given by a valid marriage? What right has a hus- 469. band to chastise his wife or to restrain her of her liberty? Has a husband a right to fix or change the family domicile contrary to the 470. 471. wishes of his wife? If a husband changes his domicile and his wife, without sufficient excuse, refuses to follow him, what is the effect of such 472. a refusal? What is common-law right, if any, to his wife's services? Is a husband liable at 473. common law for an assault and battery com a husband's mitted by his wife before marriage? Is he liable for an assault and battery com mitted by her after marriage? 161. A and B, being of lawful age, entered into a contract of marriage which, in addition to being sufficient with their subsequent cohabiWhat right of action, if tation to constitute a valid brought an action for divorce any, has a husband common-law marriage, also claiming desertion. Can he against one who alienates contained, as a part of the succeed in his action on this his wife's affections, or same contract, mutual agreeground? Divorce 19 C. J. entices her away, or har-ments by A and B waiving all section 114. personal rights and obligations 168. While A was still an Can a wife sue another which the marriage relation for alienating her hus- would otherwise carry with it. unmarried infant she mitted an assault and battery What was the effect, if band's affections or ticing him away from of this contract? Marriage 26 upon B. Later, after A had married C, but without C's Cyc 825. 162. On January 1st A and knowledge, and in his absence, A again assaulted B. Upon B entered into a valid contract complaining to C of his wife's to marry. On February 1st, action B was attacked by both having meanwhile tired of BA and C at the same time What is the general rule as to a married woman's responsibility for crimes? 474. Is a husband or wife criminally liable for an assault and battery committed on the other? 475. Is he liable after the wife's death, or after a 476. divorce, for an assault and battery or trespass committed by her before or after marriage? Is a wife liable at common law, jointly with her 477. husband, for an assault and battery committed by her in her husband's 478. presence and by his command; and why? any, A entered into a contract of marriage with C who had no knowledge of A's previous relations with B. Was A's com and severely beaten. B then brought separate actions against A for the first two Can a wife be guilty of marriage to C valid at com- B jointly for the third. At the assaults, and against A and larceny in taking her mon law? Marriage 26 Cyc trial of the action against A husband's money? 839, 848. and B jointly it did not apUnder what circumstan- 163. A married B, and while ces is a man guilty of she was living and his lawful pear whether the wife acted larceny in assisting a wife he married C. Then B by the direction of her husband wife to take and carry died and afterward A married or not. In which of these actions can B recover from the away her husband's prop-D during the lifetime of C wife; and why? How could erty? and for this last marriage he wife was indicted for bigamy. Was these actions be brought after con- he guilty or not; and why? 31 C. J. section 203; Husb. & Marriage 26 Cyc 848, 865; Big-W. 30 C. J. sections 411, 721, amy 7 C. J. sections 3, 9. 418, 414, 413. 445. State the several impedi- 464. Is she liable for an as- 479. What right and title has riage relation, and in pursu- a brutal assault upon his wife, sault and battery com- If a married woman is in- ance thereof live together as permanently injuring her and husband and wife, without causing and great mental ing through any formal cere- physical suffering, and she mony, are they legally married paid her hospital expenses and if there is no statute prescrib-doctor's bills. Could she maining particular formalities? tain an action at common law Marriage 26 Cyc 837. for damages; and why? Could 165. If a man and woman the husband be prosecuted who may lawfully intermarry criminally for the assault? go through a complete cere- Husb. & W. 30 C. J. sections mony, before a justice of the 317, 318, 320. Who is entitled at com- peace who has the proper aumon law to a wife's per- thority, merely as a joke, are sonal property in pos- they married; and why? Marsession where her hus-riage 26 Cyc 832. his debts? band dies before her? 166. A, who had given B, pital as a result of such inWhat is meant by a his wife, sufficient grounds of juries for thirty days, sufferwife's paraphernalia, and divorce by acts of adultery on ing great mental and physical to whom do they belong his part, had carnal inter-pain, A paying her hospital common law during course with B by the use of and doctor's expenses. the life of the husband force and violence and against what causes of action do the and wife? her will. A was then indicted above facts give rise at comTo whom do they go on for raping B. Could he be mon law, and how may such the husband's death be- convicted of his crime? Rape action or actions be brought fore the wife? 33 Cyc 1419. during coverture; after diWhat are a husband's 167. A, the wife of a trav-vorce of A and his wife; after rights at common law in eling salesman, was in very the wife's death; after A's his wife's choses in ac-delicate health and convales- death; and what could be retion, such as a promis- cent from a severe attack of covered in such action or acsory note or other debt malarial fever. B, the hus- tions? Husb. & W. 30 C. J. due to her? band, changed the domicile at sections 684-688, 692. Specimen Bar Examination Questions on Pages 8 and 9 THE LAW STUDENT BLACKSTONE AND THE COMMON To-day the Common Law of | and God-fearing New Eng- Law of America or rather of sonal accident. In 1873, when onies, where few lawyers could LAWYERS WHO I Judah P. Benjamin (1811-1884) JANUARY 1, 1925 Columbia University Karl Nickerson Llewellyn, associate professor of law at Yale University, is the visiting professor at Columbia for the year 1924-1925, and is giving the course in Sales. Mr. Llewellyn was retained in 1922 by the committee on Commercial Law of the Commissioners on Uniform State Laws as its draftsman to prepare the proposed Uniform Chattel Mortgage Act. Roswell F. Magill, formerly a special attorney for the United States treasury department in connection with. the new Revenue Act and the income tax regulations, has been appointed assistant professor of law, and is giving the course in Pleading and Practice I and Pleading II. William T. Taylor, a graduate of the Columbia Law School in the class of 1923, has been appointed assistant to the dean, and succeeds Professor Y. B. Smith as secretary of the faculty of law. University of Pennsylvania Philadelphia, Pa. Auxiliary Courses: Ten hours of lectures by Raymond M. Remick, Esq., of the Philadelphia bar, on Orphans' Court Practice, will be given beginning February 9th, 1925. the Thirteen Confederated afford to possess a law-library, States achieved their Inde- just as the Halsbury "Laws of pendence, the two dominant England" has spread to Fiji parties, Democrats and Fed- Islands, West Indian Crown erals alike, were possessed Colonies, African Protectorwith an intense hatred of ates, and is often the comEngland. They wanted to get plete law-library of court and "Were one of our popular to point out that even fiction rid of everything English. It practitioner alike in these re-novelists to take as his hero has its limits. But should this was French models which mote seats of English Law. a penniless immigrant lad, and bold novelist dare to slip in Two lectures will be given pealed to them, and France- (Continued page 14, col. 3) have him gain one fortune, a chapter or two making his by Layton B. Register, lecturin all respects except her and when that was lost, an- hero one of the central figures er, on the subject of the ManRoman religion and her abother, and when that was of a great war, and a little agement of the Law Office, solute Monarchy-which they swept away, another; and then later a proscribed rebel, have and twenty-six moot court desired to copy. A Constituwere he to have him achieve him make a leisurely escape arguments for third-year men tion was drawn up which was national fame under one flag, through a country overrun are scheduled for this season. supposed to have got rid of Blackstone and The Law.... 1 international renown under with watchful enemies, and, Professor David Werner ap every shred of English Mon In This Issue archial tradition. It was in- Judah P. Benjamin............ tended to draft a Code of News of the Schools the Common Law based large Page ly on Roman Law. Hamil- Bar Examination Statistics.. ton having finished his Her culean task of drafting the New C. J. Volumes Constitution and the Memo randum on Fiscal Policy-still Legal Questions the most able exposition of Cases of Interest the protectionist case in exist ence-was engaged on the Briefmaking French Law to the conditions Law Student's Digest.......... of America, when his untimely State Bar Questions death in a political duel de prived the world of what Legal Ethics would certainly have been a Book Reviews unique code. Before others Rufus Choate 1 another, splendid distinction after getting him to seeming Amram presents his revision under yet a third, and die at safety, first shipwreck him of the Pennsylvania Practice and have him picked up in Act of 1915 to the Law Assoopen sea, then finally let him ciation of Philadelphia for disreach his destination with the cussion at its December meetvessel in flames and scarcely ing. 3 If in addition to this he made able to make the harbor in Notre Dame Law School that hero a scion of that re- safety, and soon afterwards, Notre Dame, Ind. markable people whose his- as a sort of grand climax, 4 tory, as George Eliot says, have the last remnant of his Beginning the second semis a national tragedy lasting fortune perish in a bank fail- ester of the school year 19245 for fifteen hundred years,' had ure, 'preposterous, impossible, 1925, Judge Galatzin Farahim conquer, in the most aris- absurd,' would, doubtless, be baugh of South Bend will de5tocratic of cities, not merely mild expressions of critical liver a series of lectures on 8 the obstacles of rank and wrath." Extraordinary Legal Remefortune, but that sterner, al- The above quotation is tak- dies, Construction of Statutes, 10 most impassable, barrier of en from the chapter on Judah and Drafting of Legal Instrurace prejudice, and marry the P.. Benjamin in Horace H. ments. Special lectures will beautiful and charming Hagan's book, "Eight Great also be delivered by former .11 14 daughter of one of its first American Lawyers." Born on Attorney-General Hogan of (Continued page 6, col. 1) THE LAW STUDENT A Journal published during the law school year by The American Law Book Company to give the news of the law student world; to build professional ambition; to promote knowledge and observance of legal ethics; to develop skill in legal research; and to give experience in analyzing and dealing with bar questions. "The Law Student" is published at intervals of six weeks from October 1st to May 15th during the law school year. This is the third number of the school year 1924-1925. The next number will be published February 15th. There are many talents which will yield success when properly employed, but the most brilliant abilities are useless unless the possessor is actuated and moved in their employment by ambition. Without the purpose to succeed, to make the most of what one is born with or has acquired, the ablest man drifts aimlessly through life, achieving nothing for himself or others, and frittering away those qualities of leadership and accomplishment which, purposefully directed, would have made him a leader and not a cipher. A glance at the life histories lying back of the names of eminent ones, who have led rather than followed the progress of mankind onward and upward, will show that the seed of success in all fields of endeavor consists less in abstract ability than in ambition and the will to achieve. Thousands of times the man of steadfast purpose has surpassed in the long run of time accomplished rivals of more brilliant talents but of less tenacity and bull-dog grit. The man who will not be' whipped, cannot be whipped, however imposing the initial advantages and inborn talents of his competitors. There is a quality in the human spirit which will rise supreme above all disaster and defeat provided only that this quality, a compound of courage and intellect, of heart and mind, has realized itself through ambition as a clean cut and definite purpose in life. THE INCENTIVE SUGGESTIONS AND COMMENT Without ambition, the will to succeed, there can be no directed. effort, and without directed effort the least obstacle will defeat a life and destroy a career. Man is man solely by virtue of his capacity to plan a work and to work out his plan; no one can fulfill the ideal of a purposeful existence unless motivated by a constant urge to go forward and Editor of The Law Student. achieve. If there is in you the divine spark of dissatisfaction Dear Sir: with things as they are, nourish and fan it into a flame of determination to reach your goal; if you have not this spark of ambition, of determination to alter the conditions of your life to accord with your proper and legitimate hopes, bring it to life within you at once, for without its motive power you cannot be more than an aimless drifter. Ambition and work are the mainsprings of success; without ambition, work is aimless; without work, ambition is fruitless. With both there is no obstacle,, however great, that cannot be overcome, no triumph of material success so splendid that it cannot be achieved. "Something is the matter with the mainspring of life of a man or woman, old or young, if there is no ambition in the mind or heart. "They are like plants that will not grow in the cold, and if they are put under glass with other vegetables, still there is no sign of growth. "A great name and an honorable ancestry will not supply the lacking mainspring."-John Wanamaker. I have just received the Editor of The Law Student. Dear Sir: I think "The Law Student" October number of your ex- is one of the best and most cellent paper, "The Law Stu- inspiring little papers I ever dent," and I wish to thank read. you for your kindness in sending it to me, It is certainly a great help to students, and I find it profitable to read every Editor of The Law Student. word of it as soon as possi- Dear Sir: ble. Cornelius Otts, Spartanburg, S. C. offered by no ordinary text because it leads the student directly into Corpus Juris and thence into the original sources of information for further instruction upon any chapter taken up. It has chapters on Torts and Crimes and sources not found in the ordinary text on business law, also the cross references to other subject Without intending to be im- topic articles found in the I am also hastening to re- pertinent, I would like to say corresponding subject article quest a copy of your free of Corpus Juris are an aid. book, "Principles and Prac- Clark's "Outlines" to that you ought to rechristen read Corpus Juris offers also a tice of Legal Research," which "Clark's Outlines of the Fun- means of bringing the text you offer to law students. I damental Principles of the Law statement down through the know it will be up to the for Introduction and Review." supplements to the encyclostandards of your paper and You constantly emphasize its pædia. It has many advanutility as a bar whip or re- tages not offered by a mere view work, but I find it partext due to its relation to the ticularly good as an outline for encyclopædia. use in elementary or business law, affording advantages your other books, one of which-Clark's "Outlines for Review"-I am now reading. Q. R. Dungan, Bartlesville, Okla. Carl Sargent, Syracuse, N. Y. FROM "INSURRECTION AND SEDITION" Lawyers Who Would TO "LIABILITY INSURANCE" Four New Corpus Juris Volumes "Insurrection and Sedition," "Internal Revenue," issue of this paper; the scope res Not Give Up (Continued from page 1) the West Indies, August 6th, 1811, Benjamin immigrated to the United States and settled in the south. In 1825 he enFour volumes of Corpus Juris, volumes 33, 34, 35, and tered Yale, but was forced to withdraw in his sophomore 36, have been published beyear by lack of means. He then went to New Orleans, between March and December Volume 34 came "Judgments." a clerk in a notarial of 1924, completing the title Corpus Juris is completely oc- office, was admitted to the bar "Insurance," and carrying the cupied by the continuation of of Louisiana in 1832, compiled work through to the first sub- the title "Judgments" from a digest of the state reports, divisions of "Libel and Sland-volume 33. Particularly note- and in ten years was one of the er," including the intervening worthy in its contents is the leaders of the Louisiana bar. of discussion judicata He shortly entered politics, betitles: which continues from page came a member of the state 742 to 1080, nearly 350 pages, legislature, a member of its and considers the questions Constitutional Convention in arising as to the effect of a 1852, and was elected to the judgment as a merger or bar United States senate. Shortly of causes of actions and de- thereafter he was crippled fifenses, and as conclusive of nancially through having ena friend's note for particular matters, and as to dorsed particular parties. $60,000. Turning again to the Other chapters of equally practice of law he speedily regreat importance take up the couped his fortunes. On the right of the to equitable relief secession southern against a judgment and the states, including Louisiana, manner in which it may be Benjamin became secretary of obtained, and collateral at- the department of justice of the tack of a judgment. The ren- Confederacy, and later bedition, nature, record, and came its secretary of war. docketing of the judgment, After the fall of Richmond, the amendment, correction, Benjamin escaped to Great and vacation of judgments, the Britian, where, having already and "Liability Insurance." lien of the judgment, the pay-made two fortunes and lost A word as to the meaning, ment, satisfaction, and dis- the second through confiscacharge of judgments, foreign tion of his property by the materially and mechanically, judgments, judgments in rem, United States, he began, in of the publication of four vol-actions on judgments, arrest 1866, his fifty-fifth year, to umes of Corpus Juris, may not of judgment, and certain par- read at Lincoln's Inn, London, be here amiss. The four vol- ticular kinds of judgments, for admission to the English such as judgments by con- bar. In the same year he umes comprise nearly 5,000 fession, judgments on con- was given a license to pracpages, 4,947 pages to be exact, sent, judgments on offer, judg- tice. His professional success exclusive of all preliminary ments on admission in plead- is shown by the following matter. Owing to the extreme-ing, judgments by default, and table of his earnings at the ly large page and condensed judgments on motion or sum- bar from 1867 to 1882: "Judgments," "Justices of the Peace," "Levees and Flood Control," proceedings mary other chapters. all of 1871. 4 Year 1867....... S. d. 495 12 1868. 703 0 1869. 1,074 7 2,100 17 5,623 7 1873........ 8,934 3 11 9,861 1 4 15,742 6 6 1879. 14,632 5 2 15,972 4 10 1881. 14,632 3 1882. 12,789 5 typography of Corpus Juris, these are discussed in full in this is equivalent to more than It should be remembered 15,000 pages of the type and size usually employed in legal that "Judgments" is a general title and that many things textbooks or the equivalent which relate peculiarly to the of more than 15 volumes of matters discussed in various such books. Four volumes of particular titles are treated in Corpus Juris contain upward such particular titles. For exof 300,000 citations of authori- ample, while matters which "The Law Student,'-| "Every page is full of practies. It is fair to assume that are common both to judgthe average number of books ments at law and decrees in (Brooklyn, New York City) is tical hints and of interest not in common use even in the equity are discussed in the a bright, sparkling, stimulat- only to the candidate reading for the law examination, but largest of law libraries does general title “Judgments," mating, useful journal which it is to the legal practitioner. It not exceed 25,000. This means ters which are peculiar to dea pleasure and a privilege to contains messages from emithat to prepare the four vol- crees in equity are discussed read. The object of the jour-nent lawyers, with their porumes of Corpus Juris, work in the title "Equity." So, likeequivalent to an examination wise, judgments for or against nal is 'to give the news of the traits, cases of interest, exJudah P. Benjamin would law student world; to furnish amination questions, articles, of every volume in a law particular classes of persons reviews, cartoons, and a collibrary of that size not once, are discussed in the titles giv-not give up. A poor emigrant material useful in preparation umn of wit and humor. In the but twelve distinct times, and en over specifically to such boy, he won for himself an the making and placing of a persons, and the same rule education and admission to the for the bar examination; to May issue of The Law Stucitation after each examina- applies as to judgments in practice of law. He made one develop skill in legal research.' dent,' Calvin Coolidge, 22nd of the tion of each individual vol- particular actions and pro- fortune, and lost it through It is published at intervals dur- Lawyer President ume, was required. This is ceedings. Specific references endorsing a friend's note; he ing the law school year by United States, has extended Book his personal greetings to law somewhat appalling, and it to these particular titles will made a second fortune, and The American Law an inspiring may be truthfully said that be found given upon page lost it through his part in the Company in the interest of graduates in in no science other than the 1046 of volume 33 Corpus great rebellion; he went to law students and the cause of message which every lawyer law is it necessary to deal Juris. England, and lost through a legal education. bank failure what he had reswith such an enormous mass cued from his American propof material, nor has such a mass of material in any other work been so systematically dealt with. Volume 33 covering "Insurance" to "Judgments" has been reviewed in a previous should read. The number also contains portraits of all the twenty-two lawyer Presidents, stories of historic trials, besides other matter of interest. "Judicial Sales." Volume 35 |