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?