The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-26
LittIeton Female College.


maintained?
20. When will an Information lie?
81. What is evidence?
%. What arc three kinds of instruments
of evidence?
%. What is the distinction between the
competency and the credibllity of wit
nesses?
"a. Upon what grounds will the evil
dence OF witness be rejected, unheard?
25. When is the credibility of witness
in issue?
26. Upon whom is the burden of proof
imposed, and how does it become shifted?
q. What is a presumption of law and
in what respect does 1t differ from pre-
sumptions of fact and mixed presump-
tons?
%. Why are the opinions. of witnesses
not in general received in evidence?
49, What is tort, and when does one
person become liable for the torts Of
another?
30. Will an action lie for damage done
by one in the exercise of ordinary rights
for lawful purpose and in a lawful
purpose and in a lawful manner?
81. Can a civil action be maintained for
bodily harm inflicted by consent?
80. Can a wife recover damages against
the wrongdoer for the beating and maim-
ing of her husband, and why"
49, What is Contributory Negligence?
81. Is Negligence a question of law or
of fact?
IS. Is Negligence ever presumed, if So
when?
Sc. Under what circumstances, If any,
can the plaintiff recover when both Neg
ligence and Contributory Negligence are
established?
81. If damage be done by the falling Of
an object from building into public
highway, is the owner of the abutung
property from which the object fell liable
in damages for such injury, if not why,
or if so, why?
3S. What are the general and orderly
parts of a suit?
80 In what does a retraXit differ from
a non suit?
49, What action can an executor main
tain against the wrongdoer for personal
injury arising ex delicto done to his tes
tator?
Al. What are the chief objects of plead
ing?
u. What are the six classes of princi-
pal or primary rules under which the
rules of pleading are treated in Ewell's
Essentials of the Law?
43. What are the essential elements of
a contract and into what three classes
are contracts divided?
A. What contracts are required by the
Statute of Frauds to be reduced to writ
ing?
40 Upon what maxim is the principle
of agency based?
46. Why was equitable relief not adj
ministered and enforced in Common-Law
Courts?
A. What a person acquires trust prop
erty without notice of the trust and with
out having paid any value for it, what
is the nature of his title to the property?
IS. What is the difference between a
mortgage and a trustee?
40 What particular form of words is
necessary in order to make a valid as
signment of a chose in action?
so. When does equity obtain jurisdic
ton to grant relief where bonds or other
instruments are lost. and why?
81. Where tcstator has imperatively
directed his land to be sold and turned
into money, what rule will control as to
the subsequent devolution of the prop
erty, and why?
so. Ii a trustee speculate with trust
money and make a profit, to whom does
the profit belong and upon what princi-
pie?
So. If a valid trust has been created
and the trustee named be incompetent to
act what becomes of the trust?
"a. What are the common law estoppels,
and which the equitable?
So Which are the three kinds Of privies
bound equally with the parties by an es-
topped?
Sc. If an estoppel be relied upon as a
defence is it essential that it should
be pleaded?
81. What is reconversiOn?
IS. What equities are discussed by
Bispham's Principles of Equity under the
title of "Adjustments"
SO. What is the difference between a
prohibitory injunction and writ of pro-
hibition?
so. If a person solicit subscriptions for
a corporation without authority, and is
guilty of fraud, and the corporation rat
ify the act in receiving the subscription,
can the subscriber hold the corporation
bound by the contract, or is it absolute
ly void?
81. When do directors and other Off
GERS of a corporation become liable to it
for losses sustained?
g. When is a corporation liable for
the torts of it's officers and agents?
IS. Are the officers of a corporation the
agents of the stockholders?
81. What is the difference between a
summons and subpoena?
IS. What remedy is provided for the
discovery of judgment debtors prop
erty?
Sc. What is the difference between a
civil action and a special proceeding?