Legal Examination Questions




  1. What is an "Estate" in Reality; what does the word imply as to interest or ownership?

  2. What is a Fee-simple, and how many kinds of this estate are noted by Blackstone?

  3. What is the difference between a "base" and a "conditional" fee.

  4. What are estates tail, general, and special? What words are necessary to create the "fee" what to make the "tail"? Describe a tenancy in tail after possibility of issue extinct.

  5. What did Littleton mean by saying that tenant in fee tail is, by virtue of the statute of Westminster, the second?

  6. What was a fine? What a common recovery? What is the process by which a tenant in tail can now bar the entail, under the Act for the abolition of fines and recoveries, 3 & 4 Will. IV., c. 74?

  7. What "incidents to a life estate" does Blackstone note, as affecting the full enjoyment of his estate by a tenant for life?

  8. Who is tenant by the curtesy? What four requisites must combine to create it?

  9. What was the old law of dower? What great alteration has been made in that law by the 3 and 4 Will. IV., c. 105, and what Ordinances or Acts have been passed respecting dower in New Zealand?

  10. What is a reversion? What a remainder? What are the usual incidents to the former? What is the necessity of the "particular estate" to the latter?

In the New Zealand Conveyancing Ordinance the following questions are proposed:—

  1. What is the provision made for the purpose of giving effect to a contingent remainder with reference to the existence and creation of the "particular estate"?

  2. How many tenants in common constitute themselves joint tenants, and what is the character in which the joint estate will thenceforward be vested in them?

  3. What covenants are implied in—
    (1.) Deeds for valuable consideration.
    (2.) In mortgage by mortgagee.
    (3.) By mortgagor.
    (4.) What powers are implied in a mortgage on default by mortgagee?
    (5.) What covenants are implied by a lessee?
    (6.) What powers in the lessor?
    (7.) What covenants and powers are implied in a marriage settlement?

  4. What clauses usually employed in the appointment, change, &c., of trustees, are substantially enacted in the same Conveyancing Ordinance?

  5. What provisions does that Ordinance contain affecting the power of married women to convey or assign either real or personal estate?

  6. A mortgagee with power of sale on default by mortgagor wishes to become the purchaser of the mortgaged premises by auction.—What steps must he take? (Conveyancing Ordinance Amendment Act, 1860.)

  7. What are the enactments for registration of deeds, &c., in New Zealand? What is the mode and what the effect of registration completed under each of them respectively?

  8. Draw a form of attestation to a will.

  9. A grant is made to A and his heirs, to the use of B and his heirs, to the use of C and his heirs.—Apply the statute of uses and define the estates here created?

Remedies.

  1. How many kinds of actions are classed in the division of "actions" by the Rules of Procedure of the Supreme Court in New Zealand?

  2. Illustrate the difference between an action on a breach of contract—
    (1.) For money liquidated.
    (2.) For money as damages.
    (3.) For specific performance.

  3. What is recovered in an action for detaining a chattel? How is the ordinary execution supplemented by "Rule 201."

  4. How is land unjustly held from the owner recovered? Give the form of the writ from the "Rules."

  5. Mention any remedies other than, or supplementary to, that by an action, and explain them.

  6. Under what circumstances will an ex parte injunction be granted?

  7. What is a distress for rent; when, under what circumstances, and how, must it be made?

  8. What is a distress for damage feasant, and how must it be conducted?

Tribunals.

  1. What jurisdiction has the Supreme Court? what is the extent of the jurisdiction of each separate Judge of the Supreme Court? and what provisions have been made by the “Supreme Court Amendment Act, 1869,” to facilitate the exercise of these jurisdictions?

  2. What powers has the Supreme Court over inferior tribunals and Officers of Justice? Sketch the proceedings by which it may either keep them within their jurisdiction or make them do their duty.

  3. What is the nature and jurisdiction of the District Courts?



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 241





✨ LLM interpretation of page content

⚖️ Publication of Chief Justice's questions for Articled Clerks (continued from previous page)

⚖️ Justice & Law Enforcement
20 April 1863
Articled Clerks, Examination Questions, Chief Justice, General Law, Constitutional Law, Civil Law, Contracts, Statute of Frauds, Mercantile Law, Bailment, Charter Party, Bill of Lading, Demurrage, Promissory Note, Bill of Exchange, Nuisance, Executor, Administrator, Real Property, Conveyancing, Estates, Fee-simple, Life Estate, Dower, Reversion, Remainder, Joint Tenancy, Mortgages, Trustees, Married Women, Registration of Deeds, Wills, Remedies, Actions, Injunctions, Distress, Tribunals, Supreme Court, District Courts