The Government Class Book by Andrew W. Young

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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?

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