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to his inclination. The faculty publishes a guide advising to take up this or that branch of study during the first, others the second year, and so on, but there is no compulsion. He may study civil law or Roman law in one university during one year, and criminal law or another branch in another university, perhaps being induced to the change by the reputation of a famous professor.
In France a minute syllabus is arranged (see previous chapter, II. France), which must be followed; likewise in Russia, and a few other countries. Though the mode of procedure in Germany permits great irregularities in the students' attendance, it must be remembered that the necessity for strict guidance of the students is obviated by most rigidly adhering to the requirement of admission, which is, that the student be a graduate of a gymnasium, a classical secondary school, where the boys get a thorough academic preparation, acquire good habits, and "learn how to learn," that is, how to find, acquire, retain, and apply knowledge. The average age of students entering German universities is 20 years; in France, 18 years.
In America and England much text-book work, that is, much memorizing “verbatiin, literatim et punctuatim," is done, and as a consequence the work in the law schools consists to some extent in recita. tions (Webster: “Rehearsal, or a repetition of something committed to memory”). Though much of that is found in France and Russia also, in German, Austrian, Italian, and other universities this method is looked upon with disfavor, it being claimed that it destroys spontaneity of effort and individuality.
The German law professor treats his students as men of judgment who need not be told what to learn from the printed page. He lectures on his subject, the student taking copious notes; then a colloqiy follows in which a discussion of the matter just heard is held in parliamentary order, the professor presiding. Text-books are used as guides in study and as books of reference. Seminary exercises are held regularly every week and there is scarcely a professor in Germany who neglects to conduct them in connection with his lectures. (Compare the courses in previous chapter.) The seminary exercises consist in reviews, exegetical or explanatory conversation and criticism, discussion and trial cases. Much stress is laid by the German and French law schools upon “Encyclopedia of Law,” which means a course of introductory lectures to the entire law course, giving definition of terms and a sketch of the field to be gone over so that the student may see his way and choose understandingly. Or, as an authority defines it: “The exhibition of jurisprudence as a science as an organic whole, showing the relationship of its facts and their proper function and aim,” Also the subject of “Sources of Law” in history and ancient documents is carefully treated. This is done for the purpose of strengthening the knowledge acquired and the position taken in any question, It engenders the scholarly habit of thorough rescarch.
It may be said without apprehension of contradiction, that in European universities law is considered a science. It is argued that the teaching of law in a university is justified only upon the plea that it is a science, and regarding it as such the law faculties bestow much attention upon the historical development of law, the conditions that gave rise to its enactment, and thoroughly teach the encyclopedia and bibliography of law, besides treating cases with their students, both hypothetical and real cases.
Moot courts1 and practical exercises (object lessons, as it were, in law practice) in civil and criminal procedure are not an essential part of the seminary work in German, Austrian, and Swiss universities where the students, after having graduated, are required to pass a period of probation or practical work, lasting three years, so that the law course really lasts between six and seven years. The work in the university is chiefly theoretical, which fact is well illustrated by the theses or dissertations offered for the degree of doctor juris. The specimens of this kind of literature distributed every year are remarkable for their profound research and theoretical erudition.
In France, Italy, and Belgium the students are younger than in Germany, Austria, and the northern countries, hence greater attention is paid to following the minutiæ of the prescribed course. This explains why it was possible to report an extensive syllabus from France, while from German universities only outlines of law courses are offered. But even in the universities of these Latin nations exclusive text-book work and recitations are abhorred.
In Holland, Denmark, Norway, Sweden, Finland, and the Russian Baltic provinces the example of German universities is followed.
In Russia proper (we quote from "Die Reform der Russischen Uni. versitäten,” Leipzig, 1886) the course is prescribed minutely (see Syllabus in previous chapter) and must be followed. At Kiew the course for the first year is as follows:
IIours per week. Encyclopedia of law History of Roman law History of Russian law Political economy. Exercises in same. Statistics Canonical law Theology
4 4 2 1 1 2 2
1" In some American law schools a complete judiciary system is attempted of courts of original and appelate jurisdiction, with clerk, sheriff, and other customary officers except thejudgeships, where they sometimes sit as associates. In these courts students prepare papers and conduct suits in all forms at law or equity, including the preparation, service, filing, etc., of pleadings, decrees, orders, They perform the duties of clerks and sheriffs, making the proper indorsements Iceep a docket, prepare records for appeals, appeal bonds, etc." (Report of co on legal education, 1892, see page 12.)
For the second year the course is as follows:
31 For the fourth year the course is as follow:
Hours per week. ('riminal law
1 Practical exerrises in same
+ Criminal procedure Police law..... Practical exercises in same Review subjects Practical exercises in same Total.....
26 The course is here quoted on account of the statement of time devoted to the various branches. Lectures are given frequently on these subjects, during which much is dictated and written verbatim. The students take notes and write out in full what they remember. The papers are handed in and corrected by the professors, a work which in the nature of the case is done very hastily and imperfectly. Some synopsis or outlines of the lectures are procured frequently in lithographic form and used in place of notes taken in the class room. Textbook work predominates and recitations are held in which little room is left for individual work. The discipline is very faulty; frequently revolts of students occur, and the institution is closed for months to the serious interruption of the course.
IX.-CAMBRIDGE UNIVERSITY EXAMINATION PAPERS OF 1890.
Though it is impossible to furnish a detailed course (syllabus) for the study of law pursued in English universities, one can gauge the extent to which law is taught in England by perusing the questions submitted to candidates for degrees. These questions, which are here given, are particularly well adapted for comparison with the bar examinations conducted in this country.
SPECIAL EXAMIXATION IN LAW FOR THE ORDINARY B. A. DEGREE.
LAW OF COxtracr.
THURSDAY, Vay 9, 1990—9-12 a. m. 1. Define contract. Classify and descrite shortly the different forms of contract existing in English law.
2. What simple contracts are required by law to be in writing?
3. What capacity has a married woman at the present day to enter into contracts ? What must a plaintiff prove in an action against a married woman upon a contract entered into by her?
4. l'pon the lease of a house is there any, and, if any, what warranty implied that the house is fit for habitation ?
5. What are the rules respecting contracts made in restraint of trade?
6. In what way does a negotiable instrnment differ from other forms of simple contract? Describo shortly a bill of exchange.
7. Define consideration. What is the consideration given to a creditor who joins in an ordinary composition deed whereby be agrecs to accept in sull satisfaction of his debt a smaller sum than is due to him?
8. “ According to the general law of England, the written record of a contract must not be varied or added to by verbal evidence of what was the intention of the parties." Enumerate and illustrate the exceptions to this rule.
9. Distinguish a penalty from liquidated damages. How does the law deal with penalties?
10. Explain and illustrate the different kinds of estoppel.
11. Explain the expressions: 1 w, del credero agent, quantum meruit, chose in action, merger.
TIIE CONSTITUTION AND FUNCTIONS OF PARLIAMENT.
THURSDAY, May 29, 1890–1-4 p. m. 1. Explain the historical importance of the Parliament summoned i 1295 and state shortly the system of representation adopted therein.
2. Distinguish between "adjournment of the House," "prorogatio Parliament,” and “dissolution of Parliament” as to the authority by whit ey are carried out and their non pending legislation and the constitution e two houses. 3. Describe the chan
into the borough franchise by the te Entation of the people actor 4. State the moints at in
isions in the Berkeley and dale peeru
5. How far and with what differences are the Scotch and Irish peerages represented in the House of Lords?
6. Describe the stages through which an ordinary public bill passes in the process of enactment.
7. What is the present law as to frequency and duration of parliaments! Explain the conditions which render necessary the annual meeting of Parliament.
8. Upon what occasions has the Crown, in order to coerce the House of Lords, actually exercised or threatened to exercise the right of creating peers! Explain the provisions of the peerage bill of 1719.
9. Compare the functions of the lord chancellor with those of the speaker of the House of Commons. How are these officers respectively appointed !
10. State the principles involved in any two of the following cases: (a) Mist's Case, (b) Bradlaugh v. Gossett, (c) The case of impositions (Bate's Case), (d) The case of Shipmoney (Hempden’s case), (e) Godden v. Hales.
11. Explain the following expression: (1) Faggot voter; (2) Three-cornered constituency; (3) fancy franchise; (4) forty-shilling freehold; (5) successive occupancy.
ENGLISH CRIMINAL LAW,
FRIDAY, May 30, 1890–9-12 a. m. 1. State the extent to which infants and married women are exempt from criminal liability.
2. Define the crime of perjury, commenting shortly on the important points in your definition. What is subornation of perjury?
3. Explain privilege in relation to the law of libel. Distivguish between absolute and qualified privilege, giving instances of each.
4. Illustrate by examples the difference between (1) manslaughter and murder, (2) “voluntary” and “involuntary” manslaughter.
5. Explain the conditions which must exist to make the finder of lost goods who converts them to his own use guilty of larceny.
6. Distinguish between embezzlement and larceny by a servant. Give examples. 7. Explain clearly the meaning of the following expressions in relation to the crime of burglary: (a) Breaking; (b) entering; (c) dwelling house; (d) night.
8. Give an instance of forgery which is not obtaining property by false pretenses, and state clearly the nature of the intent to defraud which is essential to the crime of forgery.
9. Explain the following expressions: (1) Oyer et terminer; (2) central criminal . court; (3) count; (4) true bill; (5) grand jury.
10. What is peremptory challenge? In what classes of crime and to what extent has a prisoner the right of peremptory challenge? Has the prosecution this or any similar right?
11. Explain the following rules and mention the exceptions to them: (a) Hearsay evidence is not admitted; (b) leading questions may not be asked in examination in chief.
(Full reasons are to be given for all answers.)
FRIDAY, May 30, 1890–1-4 p. m. 1. A employed B to make the following bets for him, (1) for £20, (2) for £10, and (3) for £5. The first bet was lost and B paid the money. The second bet was won and B received the money. The third bet B carelessly omitted to make; had he made it the bet would have been won. Can B sue A for the amount paid by him on the first bet; and can A sue B for the amounts of either or both of the second and third betsi