p-books.com
The Government Class Book
by Andrew W. Young
Previous Part     1  2  3  4  5  6  7  8
Home - Random Browse

Chapter XLIV.

Sec.1. What is the object of the provision concerning state records?

Sec.2. In giving effect to this provision, what has congress enacted? In case of a judicial proceeding, what is required? What in case of an act of a state legislature?

Sec.3. What is meant by the clause concerning the privileges of citizens in the several states? Without such provision, what might a state do?

Sec.4. How is a fugitive from justice arrested and returned for trial?

Sec.5. Who are meant by "persons held to service or labor, escaping into another state?" What provision of the common law induced the adoption of this clause?

Sec.6. How are fugitives from slavery apprehended and returned? Is the law requiring the capture and return of fugitive slaves, in your opinion, morally binding?

Sec.7. What induced the provision for admitting new states? What states have been formed from the north-western territory?

Sec.8. What unsettled tract was south of the Ohio? Whose consent to the division of a state does the constitution require?

Sec.9. In the right to acquire territory, what other right is implied? Had the old congress this power? What has congress done under the power here granted?

Sec.10. How is a republican form of government secured to the states? How are they to be protected against invasion and domestic violence? What is meant by domestic violence?



Chapter XLV.

Sec.1. How are constitutional amendments proposed? How ratified?

Sec.2. What good is supposed to have resulted from so difficult a mode of amendment?

Sec.3. For what reasons was the new government made to assume the debts of the old?

Sec.4. Why is the constitution of the United States, and the laws and treaties made under it, made binding above all state authority?

Sec.5. Why are public officers bound by oath to support the constitution, and to discharge their duties faithfully?

Sec.6. What is a religious test? What was it in England? Why was it forbidden by the constitution?

Sec.7. What does the last article declare? Why was not the ratification of all the states required? Why was the ratification of so many as nine required?

Sec.8. When did this state ratify? When did North Carolina and Rhode Island come into the union?

Sec.9. When were electors of president chosen? When was the president elected, and when inaugurated? When did proceedings under the constitution commence?



Chapter XLVI.

Sec.1. How many articles of amendment are there? What is the nature of most of them? Why then were they added? When were the first ten proposed and ratified?

Sec.2. What is forbidden by the first amendment?

Sec.3. What right is guarantied by the second amendment? Why is this right necessary?

Sec.4. What does the third amendment declare? What probably suggested it?

Sec.5. What right is guarantied by the fourth article? What evil is it intended to prevent?

Sec.6. What rights does the fifth article guaranty? Can you give any reason why a person fairly tried and acquitted should not be tried again? What does the sixth article require?

Sec.7. What is secured by the seventh amendment? What is meant by suits at common law? What are courts of admiralty? How is the latter part of this article explained?

Sec.8. What does the eighth article forbid? What evils was it designed to prevent?

Sec.9. What is the ninth article? What evil was it designed to prevent?

Sec.10. What does the tenth amendment declare? Explain it.

Sec.11. When was the eleventh article proposed and ratified? What is it? What was it intended to prevent?

Sec.12. What does the twelfth amendment effect? When was it proposed and ratified?



Chapter XLVII.

Sec.1. How are the municipal or civil laws distinguished from the fundamental or political law?

Sec.2. What are statute laws?

Sec.3. What is the common law? Is it law in this country?

Sec.4. What are the rights of person? Personal security? Personal liberty? How are they guarantied?

Sec.5. How may a man protect himself when in danger of personal injury? What remedy for violence committed?

Sec.6. How far may a man go in defending himself or his property? What is such killing called?

Sec.7. How are we protected in our good names? What is slander?

Sec.8. What is libel? Which is considered the greater injury? For which is a person liable in both a civil and criminal suit?

Sec.9. What is the rule of the common law in the case of a criminal action for libel? What is the reason for this principle?

Sec.10. What distinction do some make between cases of public and private prosecution for libel?

Sec.11. Does the common law still prevail in this country? How has it been modified?

Sec.12. How is personal liberty secured? What is the nature of the writ of habeas corpus?

Sec.13. What is liberty of conscience? How is it secured?

Sec.14. Is this right secured to the same extent in England?

Sec.15. What is meant by the right of property? By what is it protected?



Chapter XLVIII.

Sec.1. What is meant by the age of consent? At what periods of life is it fixed? At what in this state?

Sec.2. What three requisites to a lawful marriage are next mentioned?

Sec.3. May a person remarry who has a wife or husband living? What is the crime called? What cases are excepted?

Sec.4. Are the marriages in these excepted cases binding? What is the common law on the subject?

Sec.5. How, and by whom are marriages solemnized? What regulations exist in some states? Is a license or a notice required in this state?

Sec.6. By common law, what right to the personal property does the husband acquire by marriage?

Sec.7. Does he acquire an absolute right also to her real estate? How is his right limited?

Sec.8. How has this common law rule been changed? Can you tell what the law is in this state?

Sec.9. By common law, what liability does a husband incur by marriage? What is coverture? Is this now the law in all the states? Is it in this state?

Sec.10. How far is a husband bound for the maintenance of his wife?

Sec.11. May they be witnesses for each other?



Chapter XLIX.

Sec.1. What are the obligations of parents? What is the age of majority? In law, who are infants, or minors?

Sec.2. How far, or in what cases, is a father liable for the contracts of a child?

Sec.3. Can a minor bind himself by contract? In what cases is he bound?

Sec.4. How in cases of rent? How in cases of contracts which he avoids when he comes of age?

Sec.5. Are minors answerable for crimes? How in cases of fraud?

Sec.6. What right have they to bind themselves as apprentices and servants? By whose consent?

Sec.7. Who may bind pauper children? What provision is made for their education?

Sec.8. What are the rights of the master and apprentice respectively?

Sec.9. When may apprenticeships be dissolved?

Sec.10. How may a hired servant forfeit his wages? For what may he be dismissed? For what cause released from his service?

Sec.11. What are the mutual liabilities of master and servant?



Chapter L.

Sec.1. By whom, and in what ways, may real estate be taken, held, and conveyed? Have aliens this right?

Sec.2. What is it to devise property? What is a or testamen? Define testator, and intestate.

Sec.3. Who may bequeath property? What special rights to bequeath property are given in some states? What is a nuncupative will?

Sec.4. How has the right of married women to bequeath property been extended?

Sec.5. How is a will executed?

Sec.6. In what different ways may a will be revoked?

Sec.7. What is the effect of the subsequent birth of a child? What else have some states provided?

Sec.8. What is a codicil? Its effect?

Sec.9. How is a will proved? What are letters testamentary, and letters of administration?

Sec.10. What is meant by the descent of property? Is the rule of descent uniform in the states? To whom, generally, does it descend first?

Sec.11. If any children of the intestate are dead, how does it descend? Give an example.

Sec.12. If all the children are dead, how do the grand-children share? Is this state an exception to the rule?

Sec.13. Do real and personal estate generally come under the same rule?



Chapter LI.

Sec.1. What is the benefit of a deed of real estate? What is expressed in a deed? How is it executed?

Sec.2. What is necessary to secure possession to the purchaser? Where are conveyances recorded in this state?

Sec.3. How long, in come states, are first purchasers secure before recording? What is the law in this state? What claim does a purchaser thus dispossessed still retain? Can you tell why conveyances are required to be recorded at all?

Sec.4. How are deeds proved? Before whom are thoy acknowledged? How are they recorded?

Sec.5. What is meant by fee-simple? What does the grantor in a warranty deed bind himself to do? In what does such deed differ from a quit-claim deed?

Sec.6. What is a mortgage? How is the balance of the purchase money usually secured? How is the money raised?

Sec.7. Why does a wife join with her husband in a conveyance? What is the interest thus retained by a widow called? In what else must a wife join? Does a wife acknowledge apart from her husband in this state?



Chapter LII.

Sec.1. Define corporeal and incorporeal hereditaments. What are aquatic rights?

Sec.2. What is a right of way? How is this right obtained? What is an easement?

Sec.3. In what case does a right of way pass with the land? Give an example.

Sec.4. In what cases does this right arise from necessity?

Sec.5. When the use of a thing is granted, what is generally granted with it?

Sec.6. How is a temporary right of way acquired? Does the obstruction of a private way give the same right?

Sec.7. What is a right by prescription? How many years' peaceable use gives a person such right? What change in this term has been made in some states? What is it in this state?

Sec.8. What right have the public to the soil of a highway? Who own the soil? What right and power concerning it do they retain?

Sec.9. What are the rights of the owners of lands adjoining a stream? How is the use of the water restricted?

Sec.10. How may the right to the use of the water be affected by prescription?

Sec.11. What is the general and established doctrine on this subject? Must the use be enjoyed by one person during the whole period to give a prescriptive right?



Chapter LIII.

Sec.1. What is an estate of inheritance? A fee? A fee-simple?

Sec.2. What is the writing which conveys an interest in lands for a limited period called? What means to lease? Define lessor and lessee. What lenses must be sealed?

Sec.3. How are these limited interests in land divided? What is an estate for life? How, otherwise than by lease, are life estates acquired?

Sec.4. What is an estate for years?

Sec.5. May a lessee for years underlet without the lessor's leave? For how long a time?

Sec.6. Who is entitled to the growing crop if the lease expires before harvest? In what case the tenant?

Sec.7. Does the destruction of rented premises release the tenant from payment of rent? In what case would he not be liable?

Sec.8. Can a tenant charge his landlord for repairs? What may he do when the premises have become unsafe or useless?

Sec.9. Where and when must payment of rent be made or tendered?

Sec.10. What is an estate at will? Are such estates common? In what case are they held to be tenancies from year to year? What if a tenant for years hold over after his lease?

Sec.11. What turns leases from uncertain terms into leases from year to year? Who is strictly a tenant at will? Can he be dispossessed without previous notice to quit?

Sec.12. What is an estate at sufferance? What are the rights of a landlord and a tenant by sufferance, respectively?



Chapter LIV.

Sec.1. Define contract. What is an executory contract? An express contract? An implied contract?

Sec.2. What is a specialty? A simple or parol contract? Define parol. What effect has parol evidence upon written contracts?

Sec.3. Who are deemed incapable of contracting? How are contracts made by such persons voided? How enforced? What is the general rule?

Sec.4. What is the rule in regard to drunkards?

Sec.5. What is mentioned as the second requisition to a valid contract? How must assent be given?

Sec.6. What is next mentioned as necessary to a valid contract? What is a consideration?

Sec.7. What is the effect of mutual promises? How must they be made? How when the parties are distant?

Sec.8. Why are gratuitous promises void? In what case are subscriptions binding?

Sec.9. Why can not payment be lawfully claimed for gratuitous services? In what cases is a person bound to pay for unasked labor?

Sec.10. What else is mentioned as necessary to a valuable consideration? What kind of impossibility will not void a contract?

Sec.11. What is said of illegal and immoral considerations?

Sec.12. To what kind of contracts does the rule that a consideration is necessary apply? Why not to those under seal?

Sec.13. What is declared by the English statute of frauds? What do some states further require?



Chapter LV.

Sec.1. What is a sale? What general principles apply to contracts of sale?

Sec.2. What if a man contracts to sell what has no existence? Give an example.

Sec.3. Can he sell what may have a future existence? Give examples.

Sec.4. What is said about price, as essential to a sale?

Sec.5. What about the mutual consent of parties?

Sec.6. What is to be done if the goods are not immediately delivered? Below what price is this unnecessary? What is the sum fixed in this state?

Sec.7. What is said about delivery to complete a contract?

Sec.8. When does the buyer acquire the right of property? When the right of possession?

Sec.9. In case the goods are sold on credit, when has the buyer a right to them? In what case has he not?

Sec.10. What is said about the warranty of title?

Sec.11. In regard to quality, what?

Sec.12. To what cases does not this rule apply? Is a seller bound to disclose hidden defects?

Sec.13. What is the general rule?



Chapter LVI.

Sec.1. For what purposes are fraudulent sales made?

Sec.2. What is here stated to be a common law rule? Upon what question do the courts differ?

Sec.3. What distinction has been made between conditional and unconditional bills of sale and assignments?

Sec.4. In different states, what different rules prevail?

Sec.5. How does the strict rule sometimes operate to the injury of honest debtors?

Sec.6. How has this question been settled in some states? What are these instruments of conveyance called? Must they be recorded in this state?

Sec.7. In what case, when there is a judgment against the seller, would a sale of personal property be fraudulent?

Sec.8. How are assignments made for the benefit of creditors? May such assignor prefer any of his creditors?

Sec.9. If he agrees to pay all a certain share, and then privately prefers some, what is the effect?

Sec.10. In what cases are gifts valid against creditors?



Chapter LVII.

Sec.1. Define bailment.

Sec.2. For what is a bailee without reward responsible? What is a depositary?

Sec.3. A mandatary? For what is he responsible?

Sec.4. For what is a borrower liable? How is he restricted in the use of the article?

Sec.5. In the case of property pledged as security for debt, what are the liabilities?

Sec.6. What in case of a hired article?

Sec.7. What if work or care is to be bestowed upon a thing delivered?

Sec.8. The liability of innkeepers?

Sec.9. Of persons carrying goods for hire in a particular case?

Sec.10. What is a common carrier? To what extent is he liable?

Sec.11. What are his rights and obligations as to receiving and carrying goods?

Sec.12. What are the liabilities of proprietors of stage coaches as to passengers? What as to the carrying of goods and the baggage of passengers?



Chapter LVIII.

Sec.1. Define agent, principal, factor. What is a factor sometimes called?

Sec.2. How is a factor secured for money advanced on property?

Sec.3. What is this right to hold property called? How is he restricted?

Sec.4. How far is a principal bound by the acts of a general agent? What is a general agent?

Sec.5. How far is an agent bound to his principal? In what case may he depart from his instructions?

Sec.6. By what rule is he to be governed?

Sec.7. What degree of diligence and skill must he exercise? What is ordinary diligence? Reasonable skill?

Sec.8. In what cases is an agent responsible to the person with whom he deals? In what case is a principal liable for goods bought by an agent in his own name?

Sec.9. What is a broker? His ordinary business? In what does he differ from a factor?

Sec.10. What is a lien? For whose benefit is the right intended? How their right restricted?



Chapter LIX.

Sec.1. Define partnership?

Sec.2. In what cases does the act of one partner bind all, and in what does it not?

Sec.3. What cases of association are here mentioned that are not partnerships?

Sec.4. How are they to sue and be sued?

Sec.5. What cannot a partner do without the consent of all? What may dissolve a partnership at any time? Sec.

Sec.6. Why should notice of dissolution be published when any partner withdraws? How else may he become liable?

Sec.7. How are limited partnerships formed?

Sec.8. For what amount are the special partners liable? Whose names are used For what are the general partners liable? If the partnership is to be dissolved by the act of the parties, what is to be done?



Chapter LX.

Sec.1. What is a promissory note? Give a form.

Sec.2. What is the effect of inserting "or bearer," or, "or order"? If payable to order, how is it made negotiable? Why is a note called negotiable? If not negotiable, how is it to be sued?

Sec.3. What is a blank indorsement? A full indorsement? What is sometimes done in case of a blank indorsement?

Sec.4. Show, by example, the benefit of making a note payable to order instead of to bearer.

Sec.5. Why are the words "value received" inserted? Is a note without these words collectable?

Sec.6. In what different ways may notes signed by two or more persons be written, to be joint, or joint or several?

Sec.7. By Whom may a negotiable note be sued? In what case can a holder of a note recover upon it, though he received it of a person who had stolen it?

Sec.8. To what rule is this an exception? Why is this exception?

Sec.9. On the other hand, what is required to protect the owner? What should the owner do?

Sec.10. What is the risk in buying a note after it has become due? How is it when no day of payment is expressed? What regulation exists in New Jersey and Pennsylvania?

Sec.11. What is the law respecting notes payable in some commodity?

Sec.12. When do notes payable on demand, or in which no time of payment is mentioned, become due and suable? Notes payable at sight, or after sight? If the words "with interest" are omitted, when does interest commence? If payable on demand, when?

Sec.13. What are days of grace? How do they affect a note?

Sec.14. To bind an indorser, when must payment be demanded?

Sec.15. If payment is refused, how and when is the indorser to be notified?

Sec.16. In case the maker's residence is unknown, how is payment to be demanded?

Sec.17. State the effect of the different modes of guarantying notes.



Chapter LXI.

Sec.1. What is a bill of exchange? Give a form.

Sec.2. What are foreign bills of exchange? Inland?

Sec.3. Give an example of its operation and effect?

Sec.4. How is a bill accepted? How is the acceptor liable? How is payment demanded?

Sec.5. When must bills payable at sight, or a certain day after sight, or after date, be presented for acceptance? When presented for payment?

Sec.6. What is the nature of a bank check?

Sec.7. What is the business of a notary public? Define protest.

Sec.8. What is said of protesting inland bills of exchange?

Sec.9. What is interest?

Sec.10. Give the rates of interest in the different states. What is it in this state?

Sec.11. What is usury? What is the forfeiture for taking usury in this state?



Chapter LXII.

Sec.1. Are the penalties for crimes the same in all the states? Is the measure of punishment always the same for the same offense, in any state? Who fixes the measure of punishment?

Sec.2. What crimes are punishable by death in this state?

Sec.3. Why are crimes punishable by death called capital crimes? Define capital.

Sec.4. Define treason.

Sec.5. What is murder? Are there different degrees of murder in this state?

Sec.6. Define manslaughter. How many degrees of manslaughter in this state?

Sec.7. What is arson? Define arson in the first degree. How is this degree punishable in this state?

Sec.8. What is homicide? When is it felonious? What is justifiable and excusable homicide?

Sec.9. What is maiming? Kidnapping? What other crimes are here mentioned as felonies?

Sec.10. What is burglary? Why is the crime deemed greater when committed in the night time?

Sec.11. Define forgery and counterfeiting?

Sec.12. Define robbery, and an attempt to rob.

Sec.13. What is embezzlement? How is it punishable?

Sec.14. What is larceny? What is grand, and what is petit larceny?

Sec.15. What is perjury? What is subornation of perjury?

Sec.16. Define bribery.

Sec.17. What is dueling? Is dueling murder in this state?

Sec.18. Is aiding a prisoner to escape a crime?

Sec.19. What is bigamy? What is the difference between bigamy and polygamy?

Sec.20. What is incest?

Sec.21. In what case is opening a grave a crime? How is it punishable in this state?

Sec.22. Who are accessories to crime?

Sec.23. Define assault and battery.

Sec.24. What is a riot? How may riots be suppressed?

Sec.25. What grade of offense is it for an officer to rescue a prisoner or voluntarily to suffer him to escape?

Sec.26. What is false imprisonment?

Sec.27. What grade of offense are the four offenses last named? What other misdemeanors are mentioned in this section? Can you name any other?



Chapter LXIII.

Sec.1. Of what consists the law of nations? What was its early character?

Sec.2. By what means has it been improved?

Sec.3. What particular further improvement is desirable?

Sec.4. What is said of the independence of nations? How, then, is redress for injuries obtained?

Sec.5. What right has a nation in respect to its government? To this rule, what exception do some make?

Sec.6. In what cases may one nation assist another in changing its government?

Sec.7. In what respect are nations mutually dependent?

Sec.8. By what law ought all nations to be governed? What does this law require?

Sec.9. By what names is this law when applied to nations or states called? Why is it so called?

Sec.10. For what reasons do some writers divide it into the natural and positive laws of nations?

Sec.11. Define the positive law of nations. How is it divided? Define the customary law of nations.

Sec.12. What is a conventional law of nations? Define convention.

Sec.13. What is the advantage of conventional law?

Sec.14. By what consideration is the observance of treaties induced?

Sec.15. What is a perfect obligation? An imperfect obligation? Why are the obligations of nations called imperfect?



Chapter LXIV.

Sec.1. What rights have nations on the seas? By what laws are persons at sea governed?

Sec.2. Over what waters flowing through its territory has a nation jurisdiction? To what distance on the sea?

Sec.3. What right have other nations to a passage over its lands and waters? Why is this an imperfect right?

Sec.4. What are the mutual rights and duties of a state and foreign immigrants?

Sec.5. What is its duty in respect to foreign criminals?

Sec.6. What is said of the responsibility of embassadors? For bad conduct, how are they punishable? Why are they not amenable to the laws of the foreign state?

Sec.7. What rights have they in countries through which they pass? What is a passport?

Sec.8. How are embassadors dealt with for disrespectful conduct at a foreign court?

Sec.9. What do ministers do when they are ill-treated?

Sec.10. If a government, for good cause, refuses to receive a minister, what is its duty?

Sec.11. What power has a minister in making treaties?

Sec.12. To what laws are consuls subject? What is their business?



Chapter LXV.

Sec.1. Define offensive and defensive war. What are the contending parties called? Who are neutrals?

Sec.2. What are the proper characteristics of a war?

Sec.3. What are objects of a lawful war?

Sec.4. When is a personal injury to the citizens of one state by those of another deemed just cause of war?

Sec.5. What ought a government to do before resorting to war to redress injuries?

Sec.6. How is satisfaction sometimes sought without making war? How are reprisals made? Define confiscate.

Sec.7. To justify reprisals, what is necessary?

Sec.8. How far is a nation bound by a treaty of alliance to assist another in war?

Sec.9. In what cases is it not bound to render the aid?

Sec.10. What if the alliance is defensive? Is the government that first applies force always the aggressor?



Chapter LXVI.

Sec.1. How is war usually announced? By what authority?

Sec.2. Is a declaration communicated to the enemy? What is deemed sufficient?

Sec.3. When war is declared, who are involved in it?

Sec.4. How does war in a state affect the persons and property of the enemy's subjects found within such state?

Sec.5. How is trade between the two countries affected by the war?

Sec.6. What is necessary to make offensive hostilities lawful? In what case would such permission be beneficial?

Sec.7. How far does a just war give the right to take the life of the enemy?

Sec.8. How are prisoners of war to be treated? What is said about the exchange and ransom of prisoners?

Sec.9. What kinds of property may not, and what may, be destroyed?

Sec.10. What is said of stratagems?

Sec.11. Of spies?

Sec.12. In what kind of war is the destruction of private property lawful? On what ground?

Sec.13. What are privateers? What are their owners authorized to do? How is privateering encouraged?

Sec.14. How is the abuse of this right prevented?

Sec.15. State the proceedings of the captors and the court, in cases of capture?

Sec.16. Who has the primary right to all prizes? How do the citizens get any interest in them?



Chapter LXVII.

Sec.1. To what is a neutral nation bound? What kind of aid to an enemy is unlawful?

Sec.2. How is the trade of a neutral affected by war? With what may she still supply a belligerent?

Sec.3. What is said of the right of a neutral to carry the goods in such cases?

Sec.4. What are prohibited articles called? What goods are contraband?

Sec.5. What is done with contraband goods? In what cases is the vessel also confiscated?

Sec.6. What is a blockade? Its object? How does it affect neutrals?

Sec.7. What is necessary to a lawful blockade? In case a place is blockaded by sea only, how may trade be carried on with it?

Sec.8. What is the right of search? What vessels are subject to search?

Sec.9. In what case is the property of an enemy in a neutral vessel liable to seizure? What is done with the property of neutrals found in an enemy's vessel?

Sec.10. What may not a neutral permit in her ports? What may not her citizens do?

Sec.11. For what purposes are hostilities sometimes suspended? When is the suspension called a suspension of arms? In what cases a truce? What is the difference between a partial and a general truce?

Sec.12. How are the contracting parties and their citizens affected by a truce?

Sec.13. How is peace generally secured?

Sec.14. When do treaties of peace take effect between the parties?

Sec.15. How is the service of mediation performed?

THE END

Previous Part     1  2  3  4  5  6  7  8
Home - Random Browse