COMMERCIAL LAW (continued 2)

356. Publication of a Will. Some states provide by statute that to constitute a written instrument a valid will, the testator must acknowledge it to be a will at the time it is signed and witnessed. This act is known as publication. Some states do not have such a statutory provision. In the absence of statutory provisions, publication is not necessary. It is not necessary that the testator read or cause the will to be read to the witnesses to comply with the statutory requirements of publication. The witnesses must know that they are witnessing a will. Any word, expression or act on the part of the testator which notifies the witnesses that they are witnessing a will is a sufficient publication.

A requested B and C to visit his house in the evening and witness his will. They went to A's house, where A presented a document to them, which he signed in their presence, and which they signed as witnesses. A did not acknowledge that the instrument was a will. The court held this to be a sufficient publication. B and C had been informed that the instrument was A's will.

357. Contract to Make a Will. A person may enter into a contract to make a will which will bind his estate. The party with whom such a contract is made cannot force the other party to make a will, or prevent him from revoking a will if made, but he can bring an action for damages against such party's estate if the latter dies without leaving a will according to his agreement. A will can be revoked at the desire of the testator. Revocability is one of the essential features of a will. A party may bind himself by contract to make a will in favor of a certain person. This contract does not prevent such person from revoking the will if made, but it renders the person's estate liable for breach of contract. A, a boy of twenty-one years of age, was told by his father, B, that if he would continue to work for him until he was thirty-five years of age, he would will him a certain farm, A agreed to this proposition, and worked for his father until he was thirty-five years of age. B subsequently died, leaving a will by which the farm was given to another son. A was permitted to recover the value of the farm by suit.

These contracts require clear and convincing evidence to support recovery. A agreed to board, clothe, care for, and bury B, his father, in consideration of B's agreement to give A all his property. A fulfilled the terms of his contract. B died leaving a will by which his property was given to C. A was permitted to recover the value of the property by suit.

358. Holographic Wills. A holographic will is one written entirely in the handwriting of the testator. Such wills are sometimes called olographic wills. A minority of the states of this country recognize the validity of holographic wills. These wills need not be witnessed to be valid. An ordinary will may be printed, typewritten, or written by a person other than the testator. The testator must sign and publish the will, that is, he must acknowledge the instrument to be a will, in the presence of the attesting witnesses. In case of a holographic will, there need be no witnesses, acknowledgment, or publication, but the will must be entirely in the handwriting of the testator, and must be signed and dated by the testator himself.

In some jurisdictions, it is necessary that a holographic will be found among the testator's valuable papers, to constitute a valid will. A died and the following document was found among his valuable papers:

$100,000.00

Four years after my death, I hereby authorize my executors to pay Francis Penn one hundred thousand dollars.

Signed A.

This was held to be a valid holographic will. A holographic will is frequently in the form of a letter addressed to the beneficiary.

359. Nuncupative Wills. Many of the states of this country recognize the validity of oral wills made under certain circumstances for the purpose of disposing of personal property. Such wills are called nuncupative wills. Soldiers and sailors while in actual service may dispose of their personal property by this form of will.

Persons other than soldiers and sailors may make nuncupative wills when in their last sickness or in danger of impending death. The will is made by calling upon disinterested persons to bear witness to the will which the testator describes orally. These words, in substance at least, must be reduced to writing, usually within ten days from the death of the testator, by one of the witnesses, and signed by the witnesses. Nuncupative wills are not favored in law. They are not sufficient to dispose of real property. Some states do not recognize the validity of these wills unless they are made at the testator's dwelling. An exception to this rule is where the testator, surprised by sickness when upon a journey, dies while away from home. Nuncupative wills must be proven within six months after they are reduced to writing. A was suddenly taken seriously ill at his home. He called upon B and C, disinterested witnesses, to bear witness to his will, and directed that his personal property be given to his wife D. A died, B reduced the words of A to writing within ten days after A's death, and C and B signed as witnesses. The will was proven within six months. It was held to be a valid nuncupative will.

360. Revocation and Alteration of Wills. A will may be revoked at any time before the testator's death. The testator may himself revoke his will, or he may cause someone to perform some act under his direction and in his presence, which will revoke the will. The statutes of most states provide that a person may revoke a will by tearing, cancelling, obliterating, or destroying the will with the intention of revoking it. Any of these acts performed by a stranger, not in the presence nor under the direction of the testator, are void acts, and do not destroy the validity of the will. If the testator himself, tears, cancels, destroys, or obliterates the will with the intention of revoking the will, the instrument no longer has any validity or force as a will. A will is cancelled by drawing lines with a pen or pencil across the written portion of the will. A will may be revoked by a later will which expressly revokes the former, or which disposes of all the property of the testator. A later will which does not expressly revoke a former will, and which does not dispose of all the testator's property does not revoke the former will, but both are construed together. A codicil is an instrument altering, revoking, changing, or adding to certain portions of a will. It must, itself, be signed, witnessed and acknowledged the same as a will, and is construed as part of the will.

361. Lost Wills. A will which is lost or destroyed with no intention to revoke may be proven as a will after the testator's death. If a will is partially or totally destroyed by accident, or by someone who is to profit by the total or partial destruction, the will is said to be spoliated, and its contents, as it existed before spoliation, may be proven after the testator's death. It must be remembered that a will may be revoked by a testator at any time. If a testator makes a will, and has it in his possession, and after his death the will cannot be found, the presumption is that he revoked the will. This presumption may be rebutted, however. If the testator tells of having a will shortly before his death, or if the will is seen, or any evidence is produced that the will was not revoked by the testator, it may be proven as a lost will. If a will is made and left for safe-keeping with a third person, inability to find it after the testator's death raises no presumption that is was revoked by the testator. To prove a lost will as a will, witnesses must be produced who know in substance the contents of the will, that it was made and that it was not revoked by the testator. If a will is partially destroyed by someone who is to benefit thereby, or by accident, the contents of the portion so destroyed may be proven as a lost will.

362. Abatement, Advancement, and Ademption. If a person does not have sufficient property at his death to pay the bequests and devises made in his will after payment of his debts, his devises and bequests are paid pro rata out of the estate remaining after the payment of debts and expenses, unless the testator expressed a wish or intention that certain bequests or devises were to be satisfied in preference to others. In this event, the wishes of the testator must be observed. The rule requiring all devisees and legatees to receive but a portion of the property mentioned in the will, in case there is not sufficient property to satisfy all, is called abatement.

If a person makes a will bequeathing a certain article of personal property, or a certain amount of money to another, and if, before the will becomes operative by the death of the devisor, the latter delivers the article or pays the money to the legatee, or sells or disposes of the particular article mentioned in the bequest, the will is said to be adeemed, and the act by which it is adeemed is called ademption. In case of ademption of a particular article, the bequest is satisfied. In case a certain sum of money is bequeathed to a person by will, and the amount of money is given the legatee by the devisor, whether it satisfies the bequest, or whether it is a gift in addition to the bequest mentioned in the will, is a matter of intention on the part of the devisor. If the devisor expressly says it is a gift in addition to the bequest mentioned in the will, it will not satisfy the bequest mentioned in the will. If nothing is said which expressly shows the wish or intent of the devisor, the presumption is, that it is to apply on the bequest, or if sufficient in amount, that it satisfies the bequest. The intent of the testator may be determined by the circumstances connected with the payment. If a sum of money is paid by a testator during his lifetime to a legatee mentioned in his will, to apply on the bequest, the payment is sometimes called an advancement.

363. Form of Will.

I, John Brown, of the City of Chicago, County of Cook, and State of Illinois, being about 61 years of age, and of sound and disposing mind and memory, do make and publish this my last will and testament.

First, I desire that all my debts and the expenses connected with my funeral be paid.

Second, I give, devise and bequeath to my wife, Jane Brown, the sum of $10,000.00, all the household furniture and chattel property of every kind and nature used in and in connection with our residence, and a life estate in my two farms.

Third, I give and devise to my two sons, John Brown, Jr., and Clark Brown, jointly, my farm known as the "Home Place." This devise is subject to the life estate of my wife mentioned in division two of my will.

Fourth, I give and devise to my daughter, Anna Brown, my farm known as the "North Place," during her life, and at her death to her lawful issue. This devise is subject to the life estate of my wife, provided for in division two of this will.

Fifth, the balance of my personal property I give and bequeath to Smith Home for Aged Men, of Chicago.

I appoint my son, John Brown, Jr., executor of this will, and revoke all former wills. In witness whereof, I have subscribed my name this 10th day of September, 1909.

John Brown.

The foregoing instrument was signed by the said John Brown in our presence, and by him published, and declared to be his last will and testament, and at his request, and in our presence and in the presence of each other, we subscribed our names as attesting witnesses at Chicago, Illinois, this 10th day of September, 1909.

Thomas Jones, Residing at 21 State St., James Johnson, Residing at 4704 Drexel Ave.,

Chicago, Ill.

COURTS AND LEGAL REMEDIES

364. Courts. Courts may be defined to be the institutions established by the government to settle disputes and to administer justice. They may consist of a judge sitting alone, of several judges sitting together, or of a judge and a jury. Courts are assisted in their work by bailiffs and clerks. Attorneys who conduct the trials for the opposing parties are officers of the court. They can be fined and imprisoned for refusing to obey the lawful order of the court. In general, courts may be divided into state courts and federal or United States courts.

365. Federal Courts. The Constitution of the United States provides that:

"The judicial powers of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges both of the supreme and inferior courts shall hold their offices during good behavior, and shall at stated times receive for their services a compensation, which shall not be diminished during their term of office."

The United States Constitution further provides that:

"The judicial power shall extend to all cases in law and equity arising under the constitution, the laws of the United States, the treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming land under grants of different states, and between a state and the citizens thereof, and foreign states, citizens or subjects."

Congress has provided for District Courts, Circuit Courts, and Circuit Courts of Appeal, which, in addition to the Supreme Court, constitute the Federal or United States Courts.

366. United States District Courts. The United States as a whole is divided into districts. Each district is presided over by one United States judge, called a district judge. Each state constitutes at least one district and some states are divided into several districts. For example, Ohio has two districts, called the Northern and Southern Districts of Ohio. New York has four districts, called the Northern, Southern, Eastern, and Western Districts. The judges are appointed for life, or during good behavior. The appointments are made by the President of the United States, by, and with the advice and consent of the senate. Each district judge is required to reside in the district for which he is appointed.

367. United States Circuit Courts. The entire territory of the United States is divided into nine sections, and each section comprises the jurisdiction of a separate United States Court. That is, there are nine Circuit Courts in the United States. Each circuit is composed of several districts. For example, the sixth circuit is composed of the states of Ohio, Kentucky, Michigan, and Tennessee. Each circuit has at least two circuit judges, and is presided over by one of the judges of the Supreme Court of the United States. The Circuit Court holds court in each district of the circuit, and the Circuit Court of each district is composed of the United States Supreme Court judge presiding over the circuit, the two circuit judges, and the district judge of the district. The Circuit Court holds court at different times in each district of the circuit. Any one judge may hold court alone. Usually, trials in Circuit Courts are presided over by one judge.

The United States Circuit Court and the United States District Courts have original and exclusive jurisdiction of practically all the cases which may be brought in the United States Courts. The United States Supreme Court has original jurisdiction of a few important classes of cases. By original jurisdiction is meant the right to commence cases in the particular court. By appellate jurisdiction is meant the right to take a case from one court to a higher court upon appeal or writ of error, for the purpose of having the case retried or examined for errors of law.

368. United States Circuit Court of Appeals. Each of the circuits in the United States has a Circuit Court of Appeals. This court consists of one member of the United States Supreme Court, who acts as presiding judge, and the two circuit judges of the circuit. At least two judges must be present to hold court. If two of the regular circuit judges are not present, a district judge of any district of the circuit may act. A district judge cannot sit as judge of the Court of Appeals in determining cases in the trial of which he acted as district judge. The Circuit Court of Appeals has no original jurisdiction. It is solely an appellate court. Cases from the District and Circuit Courts may be appealed to it, and brought before it on writs of error. Some cases may be appealed direct to the Supreme Court of the United States from the District and Circuit Courts. The Circuit Court of Appeals has final jurisdiction in many matters appealed to it.

369. The Supreme Court of the United States. The Supreme Court of the United States holds court at Washington, and consists of nine judges. It has original jurisdiction in some important matters, and cases may be appealed to it, or tried on writs of error from the District Court, Circuit Court, and Circuit Court of Appeals. The Constitution of the United States provides that, "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction."

370. United States Courts with Admiralty Jurisdiction. The Constitution of the United States provides that the United States Courts shall have jurisdiction over admiralty and maritime cases. Admiralty cases comprise those cases arising out of breach of contract, or out of injuries occurring upon the seas or navigable waters within the jurisdiction of the United States. The District Courts of the United States are given original jurisdiction in admiralty cases. In the trial of admiralty cases, the judge acts alone and is not assisted by a jury.

371. State Courts. The United States Constitution provides that, "The powers not delegated to the United States by the Constitution nor prohibited by it to the states, are reserved to the states respectively or to the people." Thus, the provision of the United States Constitution, authorizing the creation of federal courts does not prevent the states from establishing and maintaining courts. Each state has its own courts. In fact the bulk of litigation is tried by state courts. The courts of the different states differ somewhat in name and jurisdiction. Most of the states have a court of inferior jurisdiction where small cases involving $300.00 or less, are tried, and a County Court where cases involving more than $300.00 are tried, and to which cases may be appealed from the inferior courts. The inferior court is usually called a Magistrate Court, or a court of a Justice of the Peace. All states have a court of last resort, usually called a Supreme Court. The primary function of state Supreme Courts is to hear appealed cases and cases brought to it upon writs of error. They have very little original jurisdiction. Supreme Courts consist of judges only. They have no juries.

Some states have an Appellate Court inferior to the Supreme Court, which has jurisdiction to hear cases on appeal and error. The states also have courts for the administration of estates, called Probate, Surrogate, or Orphans' Courts.

372. Courts of Equity. Originally in England, the king was regarded as having original right to administer justice. It became the custom to appeal to the king in cases where the common law rules afforded no remedy. Later, appeals were made to the chancellor, the king's secretary. Cases were also referred by the king to the chancellor. In time, a distinct court, governed by well established precedents and rules, was established. These courts were called the Courts of Chancery or Courts of Equity. Their jurisdiction covered only those cases not covered by Courts of Law. Chancery courts consisted of a judge only, or a number of judges who heard and determined cases without the assistance of a jury. Courts of Equity are recognized in this country, but few states have separate courts of Equity or Chancery. The same judge is authorized to act as a Court of Law and a Court of Equity. Equity has jurisdiction of those cases only, in which there is no adequate remedy at law.

If A makes a contract with B by which he purchases a certain desirable house and lot and B refuses to make the transfer, and if the house and lot are of such a character that A cannot obtain another which suits his purpose and fancy, B may be compelled by a Court of Equity to transfer the lot to A. A Court of Law would give A money damages for breach of contract, but would not compel B specifically to perform the contract. The United States, as well as the states, has Courts of Equity.

373. Legal Actions and Their Enforcement. Legal actions may be said to be of three kinds, those arising out of contract, those arising out of torts, and those arising out of crimes. Crimes are punishable by fine, imprisonment, or death. The state, through its officers, punishes criminals. In theory, a crime is a wrong committed against the community. The community, that is, the state, through its officers, convicts and punishes persons who have committed crimes. The person who is injured personally, or whose property is injured, has an action for damages against the party committing the wrong. This action is independent of the crime. The same act may render a person liable to punishment for committing a crime, and liable to an action for damages to the injured party. If a person wrongfully strikes another and injures him, the state may punish the guilty party for committing a crime, and the injured person may sue him for damages.

Legal actions arising out of injuries to persons and property as distinguished from crimes are called civil actions. Civil actions arise out of breach of contract, or out of torts. If a person fails to pay a promissory note, or to perform any contract, a legal action arises out of contract. If a person slanders another, or wrongfully strikes him, a legal action arises out of tort. Legal actions are enforced by the injured or complaining party filing a complaint in court. The party against whom the complaint is filed is notified of the suit by an officer of the court. This notice is called the summons. The written complaint is usually called the petition. The complaining party is usually called the plaintiff. The party against whom the petition or complaint is filed is called the defendant. The defendant is allowed a certain time in which to file a statement of his defense. This written statement of the defendant in which he sets forth his side of the case is called an answer. These written statements are called the pleadings in the case. The parties then appear in court with their witnesses and the case is heard. The judge determines questions of law, and the jury determines questions of fact. The decision of the jury is called the verdict. The twelve jurymen must agree to enable them to render a verdict. If they disagree, a new trial with another jury is held. The judge may set aside a verdict, and grant a new trial if the verdict is irregular, or contrary to law. When a judgment has been rendered, execution may be levied upon the property of the defeated party for the amount of the judgment and costs. Execution is levied by the sheriff, who seizes and sells the property of the defeated party, sufficient to satisfy the judgment.

QUIZ QUESTIONS

MORTGAGES

1. What was the nature of a mortgage at common law?

2. At common law who had the possession of real property mortgaged?

3. Is a mortgage a contract?

4. What names are applied to the parties to a mortgage?

5. At present who is entitled to possession of mortgaged real estate?

6. Under what circumstances, if any, may a deed be construed to be a mortgage?

7. What is the ordinary consideration to a mortgage contract?

8. May a mortgage be given to secure a future indebtedness?

9. What is meant by the debt secured by a mortgage?

10. Is an oral mortgage of real estate enforceable?

11. Distinguish a mortgage and a deed.

12. If a mortgagor stipulates in the mortgage that he waives his equity of redemption can this stipulation be enforced against him?

13. What is meant by power of sale mortgage?

14. Explain attestation of a mortgage.

15. Explain acknowledgment of a mortgage.

16. When does a mortgage become effective?

17. Define delivery in escrow.

18. What interest in real estate may be mortgaged?

19. Is a mortgage of real estate regarded as a transfer of the real estate?

20. Explain recording mortgages.

21. What is the necessity of recording mortgages?

22. May a mortgagee transfer title to the real estate?

23. What interest in the real estate mortgaged can a mortgagee transfer?

24. If a mortgagee sells the debt what becomes of the mortgage?

25. How may mortgages be satisfied?

26. Define and explain equity of redemption.

27. Define and explain foreclosure of mortgages.

TRUSTS

1. Define trusts of property.

2. Classify trusts.

3. Define grantor of a trust.

4. Define and give an example of settlor of a trust.

5. Define and give an example of a trustee of a trust.

6. Define and distinguish beneficiary of a trust, and cestui que trust.

7. What classes of persons may be parties to a trust?

8. What kinds of property may be the subject of a trust?

9. Define and give an example of an express trust.

10. Define and give an example of an implied trust.

11. Define and give an example of a resulting trust.

12. Define and give an example of a constructive trust.

13. Who has the legal title to trust property?

14. Is a person named in a declaration of trust as trustee, obliged to accept the trust?

15. What are the duties and liabilities of a trustee?

16. May a beneficiary of a trust convey title to the trust property?

17. If a trustee wrongfully disposes of trust property what remedies, if any, has the beneficiary?

LANDLORD AND TENANT

1. Define lessor and lessee.

2. Distinguish lease and sale.

3. Distinguish lease and assignment.

4. Is a lease a contract?

5. Does a lease carry with it an implied warranty that the premises described are in good condition?

6. A rents B's house for one year. C, a stranger, without right attempts by legal action to evict A. Does A have a right of action against B for breach of implied warranty of quiet enjoyment?

7. For what purposes may a tenant use leased premises?

8. In the absence of express agreement what party to a lease is obliged to pay taxes and insurance on the leased premises?

9. A lease provides that the tenant is to pay the taxes. A special assessment for paving is levied. Is the tenant obliged to pay this assessment?

10. Who is obliged to pay water rent in the absence of any special agreement in a lease?

11. Who is obliged to pay for ordinary repairs?

12. At common law was a tenant relieved from paying rent by the destruction by fire of the leased premises?

13. What is the rule at the present time as to release of a tenant's obligation to pay rent in case the buildings leased are destroyed by fire?

14. Is there an implied obligation on the part of the landlord to deliver leased premises in any particular condition?

15. If a tenant is injured by reason of secret defects in the premises is the landlord liable to him for the injury?

16. If snow and ice are permitted to accumulate on the walk of the leased premises, causing injury to third persons, is the landlord or tenant liable for the injury?

17. May a tenant become liable for rent without any express agreement to that effect?

18. May a tenant be liable for rent without being in possession of the leased premises?

19. A rents B's house, nothing being said about the condition of the plumbing. The plumbing leaks. Is A obliged to take the house?

20. If a tenant abandons the rented premises before expiration of the term of the lease and so notifies the landlord, is he liable for the balance of the rent?

21. In case a tenant abandons the rented premises, what three remedies has the landlord?

22. Define distress.

23. At common law could a landlord sell personal property distrained?

24. What is the present-day method of distraining for rent?

25. Define lease.

26. Must a lease be in any particular form to be legal?

27. What leases, if any, must be in writing?

28. What is meant by attestation of a lease?

29. Define acknowledgement.

30. What is the necessity of acknowledgment of a lease?

31. What is the necessity of recording leases?

32. Define, and give an example of an express covenant.

33. Define, and give an example of implied warranty.

34. Is there any limitation upon a landlord's right to transfer his interest in a lease?

35. Is there any limitation upon a tenant's right to transfer his interest in a lease?

36. If A, a landlord, assigns his lease to C without notifying B, the tenant, and later the tenant pays A, who is insolvent, can C collect the rent from B?

37. Define attornment.

38. If a tenant assigns his lease is he relieved from his obligation to pay rent?

39. Define, and give an example of a lease for years.

40. A rents B's house for one year, agreeing to pay rent in monthly installments. Is the lease one for years, or from month to month?

41. Is a lease real or personal property?

42. What is the practical distinction between a lease for years and a lease from month to month?

43. When, if at all, may a tenant sublet?

44. Distinguish assignment and sublease.

45. If a tenant sublets the premises is he relieved of his obligation to pay rent?

46. Define and give an example of an estate at will.

47. Distinguish an estate at will from an estate for years, and an estate from year to year.

48. If a tenant for years is permitted to hold over his term with consent of the landlord, in most jurisdictions is the new tenancy one at will, or one from year to year?

49. Define, and give an example of a tenancy at sufferance.

50. Define and give an example of an estate from year to year.

51. A leases a house for a month with the understanding that it is to continue for similar periods if agreeable to both parties. Is the lease from year to year?

52. A rents B's house for one year. At the expiration of the year A is permitted by B to hold over for a month. B then endeavors to eject A. A claims he has a lease for eleven more months. Is A correct in his assertion?

53. Is a lease from year to year terminated by mere lapse of time?

54. Does breach of a condition or covenant, in the absence of an express stipulation in the lease making it a forfeiture, constitute a ground of forfeiture?

55. Do leases for years require any notice to terminate?

56. Do leases from year to year require any notice to terminate?

57. In general, in what manner must notice to terminate a lease be given?

58. Define and give an example of a surrender.

59. Does abandonment of the premises by a tenant without consent of the landlord, constitute a surrender?

60. If a tenant abandons the rented premises, may the landlord relet for the account of the tenant?

61. Distinguish breach of lease from surrender of lease.

62. If a landlord commits a breach of lease by failing to repair according to agreement, what is the measure of the tenant's damages?

63. If a tenant abandons the rented premises what are the landlord's remedies?

64. If a tenant abandons rented premises, may a landlord permit the premises to remain vacant, and collect rent from the tenant for the balance of the term?

65. If a tenant abandons a lease and the landlord desires to relet for the account of the tenant, must he notify the tenant that he takes possession, and relets for that purpose?

66. How may a landlord recover rent?

67. How may a landlord recover possession of leased premises when the lease has expired, or is broken?

TRADE MARKS AND TRADE NAMES

1. What is the purpose of trade marks?

2. May anything other than words, letters, or figures be used as a trade mark?

3. May a word which describes the article on which it is used be used as a trade mark?

4. May a name of an individual be used as a trade mark?

5. May a name of a place or locality be used as a trade mark?

6. If a person uses a mark without any intention of its becoming a trade mark, does he acquire a valid trade mark therein?

7. A has acquired a trade mark on flour; has he also acquired the same trade mark on stoves manufactured by him?

8. If A has acquired a trade mark on flour, can A prevent B from using the same trade mark on stoves?

9. What length of time is required to obtain a valid trade mark?

10. A used a trade mark on flour for two years, and ceased using it for two years. In the meantime B used the trade mark. To whom does the trade mark belong?

11. What trade marks, if any, may be sold?

12. Define trade name.

13. What is the distinction between trade marks and trade names?

14. May a person acquire a trade name in a name describing the article manufactured?

15. How is a trade name acquired and how long must it be used to be acquired?

16. May a person acquire a trade name in a geographical name?

17. What is meant by unfair trade?

18. Is it unlawful for a person to adopt as a trade name or trade mark, a name or mark descriptive of the article manufactured, or a geographical or a proper name?

19. A used the name "Chicago Varnish Co.," for ten years, and advertised the name extensively, spending large amounts of money in this connection. B adopts the name, "Chicago Varnish Co.," and the public purchases his product thinking they are buying A's product. Can A prevent B from using the name "Chicago Varnish Co."?

20. Is everyone entitled to use his own name in the manufacture or sale of any article he pleases?

21. Who may register trade marks, and when may they be registered?

22. Does registration of a mark constitute it a trade mark?

23. What is the advantage of registering a trade mark?

24. How may registered trade marks be transferred?

WILLS

1. Define will.

2. When does a will take effect?

3. Can both real and personal property be disposed of by wills?

4. Distinguish the terms will and testament.

5. Define and distinguish the terms testator and devisor.

6. Define the term devise.

7. Define the term bequeath.

8. Define and distinguish the terms devisee and legatee.

9. What are the most common statutory requirements of a will?

10. Is a will a contract?

11. By the laws of what state is a will disposing of real property governed?

12. By the laws of what state is a will disposing of personal property governed?

13. May a will be in the form of a letter addressed to a beneficiary named in the will?

14. In a will does any present interest in the property pass to the beneficiaries at the time the will is made?

15. When, if at all, may a will be revoked?

16. May a person under legal age make a will?

17. Can a married woman make a will?

18. What test is applied in determining whether a person is mentally capable of making a will?

19. What kinds of property may be disposed of by will?

20. Must a will be in writing?

21. May a will be printed?

22. Define and describe signing, attesting, and acknowledging a will.

23. Define and describe publication of a will.

24. Give an example of a contract to make a will.

25. May a contract to make a will be revoked?

26. Define and give an example of holographic will.

27. What is the distinguishing feature between a holographic will and an ordinary will?

28. Define and describe nuncupative wills.

29. May real property be disposed of by a nuncupative will?

30. When, and by whom must a nuncupative will be reduced to writing?

31. Must a nuncupative will be attested?

32. What is meant by revocation of a will, and by whom, when, and how may a will be revoked?

33. Define and describe alteration of a will.

34. Define codicil.

35. When, and how, may a lost will be proven?

36. Define and give an example of abatement.

37. What is meant by ademption of a legacy?

COURTS AND LEGAL PROCEDURE

1. Define courts.

2. In general how may courts be classified?

3. By what authority are Federal Courts established?

4. What is the term of office of Federal judges?

5. Classify Federal Courts.

6. How many United States District Courts are there?

7. How many United States Circuit Courts are there?

8. How many Circuit Court judges are there in each circuit?

9. Do the Supreme Court judges and District judges have anything to do with the Circuit Courts? If so, what?

10. What is meant by original jurisdiction, as applied to a court?

11. Does the United States Circuit Court of Appeals have any original jurisdiction?

12. How many United States Supreme Court judges are there?

13. What, in general, is the jurisdiction of the United States Supreme Court?

14. Where are admiralty cases tried?

15. What cases are included in term admiralty cases?

16. Are juries used in the trial of admiralty cases?

17. By what authority are State Courts established?

18. Classify, in general, State Courts.

19. What are Courts of Equity, and over what classes of cases do they have jurisdiction?

20. Classify legal actions.

21. Give an example of an act which is both a tort and a crime.

22. Define plaintiff and defendant.

23. Define pleadings.

24. What is the function of a jury in the trial of a case?

25. Define verdict, and distinguish it from judgment?

26. How are judgments enforced?