The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-09-29
THE LAW EXAMINATION.
Questions Asked the Would-Be Young
Lawyers Last Monday.

L
| State. Half the class failed, and for
these two reasons much interest has been
manifested in the examination. Many
| old lawyers in the State have requested
the News and Observer, for this reason,
to publish the questions.
| They will also be useful to tutors and
to students of the law, giving them some
idea of what future examinations of this
character will be. 1t is understood, how
ever, that in order to raise the standard,
| the examination will for the next few
weeks become gradually more severe.
The questions asked the class that
stood the examination last Monday wera
as follows:
1. What is meant by the Sovereign or
Supreme power in a State?
=. What are the rules with regard to
the construction of Statutes?
;. For what words may an action OF
| SANDER be maintained?
f. What is the distinction between the
quantity and the quality of an estate?
). What are the several steps or stages
| requisite to form complete title to lands
and tenements?
&. What is the largest. and what is the
smallest estate of freehold of which one
can be seized?
{. II A conveys tract of land to b
and his assigns forever" what estate
would Il take at common law, and what
estate would he take under the statute
law Of North Carolina?
s. State the two different modes by
which Il life estate may be created, and
classify the estates created under eacht
8. What is an estate by the curtesy
and what four things are necessary to
create such IN estate?
10. What is an estate in dover; of
what property was woman endowed
at common law; and of what. under
our present statue law; and what three
things are requisite to create dowerI
IL. Upon the death of a tenant for life
who will take the emblements?
II. What is the distinction between il
condition in Il deed and a limitation?
Is. State the rule in Shelley's case?
" 14.What is an eXecutory devise, and
in what material respects does it differ
from Il remainder?
10. Does the statute law of North
Carolina make distinction between the
manner of the execution and probate of
a deed by married woman and that
of an unmarried woman; and if so, what
is the distinction?
16. From what time are mortgages and
deeds of trust against creditors?
II. In North Carolina does the hus-
band become liable for his wife's debts
or contracts made before marriage!
Is. How may married woman be-
come a free trader in North Carolina?
10. What is the distinction between
patent ambiguity and latent ambiguity,
and can they be explained by parol evil
dence?
20. What is the statute % Charles Ii
oh. usually known as, and what is the
substance of its fourth section?
q. What does the Common law recog
nize as consideration capable of sup
portingsa simple contract?
%. When is a contract illegal at com,
mon law?
%. Are necessaries for an infants
wife and children necessaries for him
self?
"a Can a married woman under our
statutes make any contract to affect her
real of personal estate without the writ
ten consent of her husband; and if so.
for what purposes can she make such
contract?
.. Would an unknown principal when
discovered be liable on n contract which
his agent had made for him.
% Can IL new member be introduced
into a partnership without the consent of
all the partners?
II. What is meant by the word stock"
in reference to a corporation, and what
rights have stockholders III and to the
corporate property!
2S. What is the main distinction be-
tween public corporations and private
ones?
80 If the main place of meeting Of thu
corporation has been changed would an
election of an officer 1T the cd place
be valid?
30. Suppose at meeting which con-
sists Of a majority of stockholders an Of
ficer be elected by vote less than
majority of those present, would the
election be valid?
81. How may deeds OF corporations
conveying their lands be executed III
North Carolina?
30. Under the common law what be-
came of the real estate of a corporation
upon its dissolution?
80. What relation does the cashier Of
bank bear to the corporations
81. Could he alter the nature Of
debt due to the bank?
80. Is Il subscription for shares i'll Il
joint stock company contract upon
which an action may be maintained!
36. How was u suit in equity com
menced; and what We're the three general
classes of the subjects of Chancery juriS
diction?
81. What is the nature of an cstoppel
in Equity?
80. What is the doctrine Of election: !.
80. What is meant by the right of
subrogation?
40. What fundamental principe mus
exist before specific performance will be
decreed?
Al What is the distinction between
Resulting Trust and Constructive
Trust?
II. Would Equity afford relief TO the
obligee in IA bond who had himself des-
troyed the instrument?
43 What is the rule as to Estoppcl. BIZ
conduct, as to married women anu in
fants?
A. What does the doctrine Of Mar
Shalling grow ont of?