1 Law Student 1 (1923-1924)

handle is hein.journals/lwstud1 and id is 1 raw text is: Specimen Bar Examination Questions on Pages 4 and 5




VOL. I, NO. 1               BROOKLYN, NEW YORK CITY               OCTOBER, 1923


The purpose of this little
sheet is to aid, instruct, and
amuse the boys of the classes
of '24 and '25, and of other
classes to follow.
Its columns will carry mat-
ter and information of special
interest to law students who
expect to complete the course
of legal study prescribed by
their school, graduate, pass
their state bar examination,
and engage in the practice of
the law.
Among other features, a
column will be devoted to
printing and answering ques-
tions relating to the require-
ments for admission to the
bar in the various states, when
the regular examinations are
held, and the subjects upon
which the applicant will be
required to stand an exam-
inition, whether it is neces-
sary to serve a clerkship, af-
ter passing the bar, as is re-
quired in some states, et cet-
era. Many students knowing
the requirements in their own
state may not have this in-
formation regarding a state in
which they may expect to
practice. Any questions re-
garding these matters will be
printed and answered in suc-
ceeding issues.
Requirements for admission
to the bar in the different
states are constantly chang-
ing. It will be one of the
missions of fhis paper to
bring these changes to. the
attention of the law student
body, and to give law school
news items of general inter-
The great central purpose,
however, of The Law Student,
will be not only to stress the
importance and necessity of
doing the best possible work
in law school, but also to
supplement courses in legal
research, and, more than any-
thing else, to help prepare the
student to pass his bar ex-
Many    excellent  students
who pass their final examin-
ations in law' school, and are
graduated, fail dismally when
they take their bar, much
to their own chagrin and dis-
appointment and to the re-
gret and disappointment of
their family, their friends,
and the school that graduated
The percentage of those
who fail is so great that the
bar examination has become
the nightmare and nemesis of
a law student a life.
In the last examination for
admission to the bar held in

a large Eastern city, 62% of
the applicants failed to pass,
thereby entailing no end of
inconvenience, hardship, hu-
miliation, and regret to those
who failed.*
It is a common thing for
25 to 50%   of the men pre-
senting themselves for a bar
examination to fail to pass.
Here is a pertinent ques-
tion, the correct answer to
which may be both illuminat-
ing and invaluable to the law
Why do so many good stu-
dents, who complete a course
of legal study in a first-class
law school, passing all exam-
inations and finally graduat-
ing, fail to pass the bar ex-
If a student passes his fi-
nal examinations in law school,
and is Qraduated, it is be-
cause  the   faculty  of  his
school consider him suffici-
ently learned in the law
to  assume   the  grave  re-
sponsibility of representing
and safe-guarding the inter-
ests of clients in the courts.
He then presents -himself
for his bar examination and
fails. Why?
Is not this the reason?
From his work on each
subject in law school, he is
apprised of the general char-
acter of the questions that
(Continued page 9, first col.)
The editor of The Law
Student will be pleased . to
receive news items of interest
to the faculties and to law
students generally, and to
publish those received by him
in time for the next issues.
(Continued page 7, first col.)

Master of human destinies am 1,
and passing by,
Hovel and mart and palace,-soon or late,
.1 knock unbidden once at every gate
These familiar lines from. the poem Opportunity,
by John J. Ingalls, lawyer, publicist, farmer, sometime
Senator of the United States, are a reminder that op-
portunity is the birthright of every American.
To be an American is to be eligible for the highest
places in the land. That the study of law is also a prep-
aration for their attainment, is evident from the fact
that our leaders, in almost every walk of life that calls
for trained minds, are oftenest drawn from the ranks
of the legal profession.
In the flower of your youth, you must direct your-
self to your own destiny. The road lies open before you.
The lives and achievements of other lawyers point the
We are told that Woodrow Wilson early in life de-
termined to direct himself for the Presidency.
How he succeeded is history.
Chiefly home educated until he entered an academy
at Atlanta, he worked his way up to the chief chair of
jurisprudence and politics at Princeton University'; in
1902 he-.became its president; then he was called to be
governor of the State of New Jersey; and finally to
be President of the United States.
We are reminded of another great man in the public
eye at this time, a captain of industry, sometime a
lawyer-Judge Elbert H. Gary, head of the United States
Steel Corporation. His title is a survival of his 25 years
of law practice in Chicago and two terms as Judge in
Du Page County, Illinois.
It is indeed significant that a lawyer, a trained judge,
should be selected to administer the affairs of the great-
est industrial organization of our country.
Another lawyer whose legal training was a stepping
stone to greatness, is Judge Robert Scott Lovett, born
in Houston, Texas, in 1860, and admitted to the Bar in
1882. He is now chairman and president of the Union
Pacific and Southern Pacific Railroads, and a director
of many others.
The list could be extended almost ad infinitum.
The prizes to which a great lawyer may aspire in
this land of promise and opportunity are the high places
-the seats of the mighty.
Direct yourself for them!

There Are Two Kinds of Legal Knowledge, Knowledge of Legal
Principles and Law Finding Knowledge
The major portion of the student's time in law school must necessarily be de-
voted to a mastery of the general or fundamental principles of the law and if this is
well done and the law student gains finding skill in addition thereto'which comes
from practice in looking up the law, he will be well prepared to commence his
legal career.
The general or fundamental principles constitute only about five percent of the
whole body of the law. The applications of the general principles connstitute probably
more than ninety-five percent of the law and access thereto and knowledge thereof
must be gained as needed through reference to compilations of law and to cases.
Finding skill is an applied art. It is obvious that the ability to walk up to
bookshelves and immediately select the book and title giving the desired answer to
his question will be a priceless asset to the student when he starts the practice of law.

Some day, let us hope very
shortly after you hang out
your shingle, your first cli-
ent will walk into your office.
He may say any one of a
great many things-specify
any one of a great number of
varying states of fact. But
suppose he actually does say
that he was driving a young
and nervous horse along a
country road; that the horse
shied at a pile of rocks which
had been allowed to remain
in the highways upon one
side of the traveled way; and
that a wheel of the vehicle
was thereby caused.to fall in-
to a hole, throwing your cli-
ent out and injuring   him.
Suppose you   discover that
the pile of rocks and the
hole in the highway had been
in existence for at least six
months prior to the accident;
that until a week previous to
the accident the municipality
had had funds with which to
remove the rocks and repair
the highway, but that at the
time of the accident it was
without funds. Suppose also
that the accident would not
have happened had the horse
remained under control.,
How would you advise this
man, your first client? You
are not receiving clients yet,
but you shortly will be, and a
little practice in analyzing
states of fact, to extract there-
from all of the questions of
law involved, will be of use
to you.
This time we are going to
do part of the work for you
and show you some of the
many questions of law w1vhich
may be involved in a very
simple state of facts.
Question 1
May the hole in the high-
way be regarded as the prox-
imate cause of the plaintiff's
(29 C. J. Highways, §456)
Question 2
Was plaintiff negligent per
se in driving the young and
nervous horse?
(29 C. J., Highways, §467)
Question 3
What allegation as to the
character of the defect in the(
highway should be made by
plaintiff in his complaint?
(29 C. J., Highways, 4Z6)
Question 4
Is the municipality ex-
cused from liability by reason
(Continued page 7, fifth col.)

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