44. State the two rules relative to the infant's right to disaffirm his contract of purchase for cash and demand back the cash, where he no longer has the purchase. 45-46. What is meant by the rule that the right to disaffirm is personal to the infant? 47-48. May an infant who has received as part payment for services various items of luxury which he consumed, thereafter disaffirm his contract and demand the value of the services in money regardless of what he had consumed? State reasons. 49. What is the rule relative to infants' contracts of partnership? 50. May an infant employ counsel? If so, is he bound to the same extent by an attorney's acts, as an adult would be? Explain fully. 51. An infant's agent arranged for the sale of a horse to the infant. At majority the erstwhile infant tendered the purchase money to the adult, and the adult refused to deliver the horse. What is the infant's remedy? 53-54. What is the rule as to an infant's liability for torts? State fully. 55. State and explain the three rules relative to an infant's responsibility for crimes, and give illustrations of each. 56. Can an infant make a will? 57. Can an infant be a witness in a law suit? 58. May an infant occupy an official position? State fully. 59-60. In what respects does marriage differ from any ordinary contract? 61. Define, explain and discuss the executory agreement to marry. What is the usual consideration in this contract? How may it be proven? 62. What is meant by a suit for breach of promise? When is the incapacity of the defendant to fulfill the promise a defense to the suit? 63. Name some of the things which will excuse the breach of promise to marry. 64. Define and distinguish between void and voidable marriages. What is the effect of a voidable marriage when set aside? 65-66. What is meant by consanguinity? By affinity? Explain fully the prohibited degrees under the statute of 32 Hen. VIII. Within what degree of relationship are persons prohibited from marrying in your state? 67. What may be said as to civil or social position as a disqualification to marriage? What races are forbidden to intermarry in some states? 68. Upon what ground is mental capacity required in parties to the marriage contract? What, in general, is the test of capacity? What may be said of drunkenness as incapacitating? What is the effect of mental incapacity upon the marriage? 69. What is meant by physical capacity to contract marriage? 70. What is the marriageable age at common law? By statute in your state? What effect has infancy, or non-age, upon the marriage contract? How may the marriage of an infant be ratified or disaffirmed? 71. What effect has a prior marriage undissolved upon a subsequent marriage? 72. A man marries a woman he had wronged in consideration of her agreement not to prosecute him. May he subsequently set aside this marriage on the ground of force? Suppose he was mistaken in his belief that he was the cause of the woman's condition. Would the answer be different? 73. Is a ceremonial marriage required by the common law? What are the two ways of expressing consent to the marriage at common law? Does the common law marriage ceremony still prevail? Discuss fully. 74. What may be said of statutory formalities in the marriage celebration? What are the requirements in your state? Will the marriage be invalid if these are not observed? When will a statute requiring formalities invalidate the marriage if these formalities are not observed? 75. May minors marry? What conditions do statutes commonly impose as to their marrying? 76. Discuss foreign marriages? When are they valid? When invalid? What is the general rule? 77. What may be said of the family? regarded as the head of the family? Which spouse was Discuss the status of the wife at the common law. Does the theory of the common law in regard to the wife still prevail? 78-81. What are the respective duties of the husband and wife? 82. May a husband ever testify as to conversations had with his wife? May he ever testify in a suit in which the wife is plaintiff or defendant? May a wife ever testify in either of the above situations? 83-87. What were the husband's rights in the wife's property at common law? What were his rights in her personal property and choses in action? What were his rights in equity, prior to statutory changes? What changes were made by statutes? 88. (a) Did the husband have any right at common law to sue for a personal injury to his wife? What was the nature of it? (b) What right did he have to the earnings of the wife? 89. Under statutes entitling the wife to all her earnings, what right has a husband to sue on account of a personal injury sustained by the wife? 90. What right has the wife to recover on account of interference with her relations with her husband? 91. When is there emancipation of the wife? 92. (a) What right had the wife at common law to sue for injuries to her person, on her own account? (b) What change, if any, was effected by statute? 96. Had the wife a right at common law to pledge the husband's credit? 97. What right had she to sue him for money paid for living expenses? 98. How have statutes affected the situation in the two preceding questions? 99. What is family expense? 100-102. Could a married woman make a contract at common law? Could she make a contract in equity, and if so, to what extent? Can she make contracts under the statutes affecting married women? 103-106. Did a married woman have power to convey real estate at common law? To what extent could she convey in equity? To what extent could she convey under statutes? 107-109. Give a brief history of married women's power to make 110-111. (a) What is the rule of estoppel as applied to married women both at common law and under the statutes? (b) Suppose a married woman deeds property and the grantee accepts the deed and pays for the property relying on the woman's statement that she is a widow. Is the deed good? 112. What is the law relative to a married woman's liability for torts and crimes that she commits? 113-114. Can a wife sue the husband on a promissory note given by the husband to the wife? 115-117. What can be said of contracts and conveyances of land between husband and wife, at common law, in equity and under statute? 119-120. Can a husband or a wife be guilty of stealing, one from the other, or of committing a trespass, one against the property of the other? 121-122. Explain estates by entireties and show wherein they differ from joint tenancies. 123-129. State the four most common grounds for divorce and explain how each may be shown so as to entitle to a divorce. 130-134. State the four defenses to a suit for divorce and show when and how each defense should be made. 135-137. What is the practical difference between temporary and permanent alimony? 138. What disposition should be made as to custody of a child 2 years of age where the father obtains a divorce from the mother on the ground of adultery? 139. In the above question, what right would the husband have in the wife's real estate and vice versa ? 140. Is there any remedy where a husband wishes to procure a divorce from his wife on the ground of insanity and the statute does not include insanity as one of the grounds for divorce? 141. What is the law covering separation agreements? 142. Does a divorce entitle one to remarry at once, or at all? Explain. |