Quizzer No. 8; Being Questions and Answers on Common Law Pleading for Students Preparing for Examination for Admission to the Bar, or for - edizione con copertina flessibile

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: COMMON LAW PLEADING. PART I. QUESTIONS. 1. Give the two meanings of the term "pleading." 2. What is meant by the term "the pleadings"? 3. Into what five classes may pleadings be divided? Define each. 4. What are the four meanings of the term "plead"? 5. What is the meaning of the term "plea"? 6. What is the object of pleading? 7. Distinguish between pleading and substantive law. 8. What is the general rule in the United States as to who decides (1) questions of law, (2) questions of fact, (3) mixed questions of both law and fact? 9. Do codes of procedure abolish the essential rules of pleading and introduce a new system? 10. What is the object of special pleading? 11. What was the reason for the severe technicality of the old common law pleading? 12. (a) What was the reason and necessity for equitable relief? (b) Upon what power did the original source of equity jurisdiction rest? (c) Upon what power does the source of jurisdiction in an ordinary tribunal or court rest? 13. What are the supposed three distinctive features of code reforms ? 14. What may be said to be the cornerstone of the American judicial system? 15. (a) How only can the judicial power be set in motion in civil matters, and (b) what questions only have they the power to decide? 16. What two things must unite in order to give a right of action against another? 17. What is the rule as to the assignment and transfer of rights of action? 18. Distinguish between choses in action and mere personal torts. 19. What is the rule as to the passing of an existing cause of action for a tort in relation to personal or real property by a conveyance of such property? 20. What is the rule as to the right of persons who are not parties to a contract to sue upon such c...