Chapter XXXI.
§2. What difference is here noticed between the general and state governments in respect to their powers?
§3. What is the first in the list of powers given to congress?
§4. For what purpose was this power necessary? What is direct and what indirect taxation?
§5. Define duties, customs, imposts, and excises.
§6. Define specific and ad valorem duties.
§7. Why are duties required to be uniform throughout the United States?
§8. By what means was the old national debt paid? How large was it at different periods?
§9. Why is the power to borrow money necessary?
Chapter XXXII.
§1. From what arose the necessity of the power to regulate foreign commerce? What was the British policy?
§2. In what consisted the inequality of trade between the two countries?
§3. Show, by example, how Great Britain secured a home market for her agricultural products.
§4. What other benefits did she derive from her policy?
§5. Why were we obliged to submit to the payment of these duties? Why not manufacture for ourselves?
§6. Why did not our government retaliate by imposing like duties upon British goods and vessels?
§7. What are duties designed to encourage home manufactures called?
§8. Show, by example, the operation and effect of a protective duty.
§9. By what other power may this object be partially effected? Show how.
§10. Why, then, was not one of these powers sufficient?
§11. Show, by example, why the free importation of foreign goods and direct taxation are not deemed the better policy.
§13. How early, and how, was domestic industry encouraged? What rendered high duties for a time unnecessary?
§14. What afterwards made it necessary for congress to exercise more extensively its powers to regulate trade? When did the system of protection properly commence? Where has since been the principal market for agricultural products?
§15. Where, and by whom, are the duties or customs collected?
Chapter XXXIII.
§1. What is navigation?
§2. What is tunnage? Tunnage duties? For what purpose were these duties laid? Why were they called discriminating duties?
§3. What has been their effect? What has caused their discontinuance?
§4. How are vessels registered?
§5. What is a manifest? A clearance?
§6. At whose request are passports furnished to vessels? What is a passport? By whom given?
§7. How is the safety of passengers and crew provided for?
§8. Define quarantine. What has congress enacted in relation to quarantines?
§9. Why was power given to congress to regulate internal commerce, or commerce among the states?
§10. Why the power to regulate commerce with the Indian tribes?
Chapter XXXIV.
§1. What were the disqualifications of aliens by the common law? Why are these disqualifications deemed proper?
§2. When ought they to be removed? Why should the rule of naturalization be uniform?
§3. Describe the manner in which an alien is naturalized.
§4. How do alien minors become citizens?
§5. What is a bankrupt? A bankrupt law? What is the object of such laws?
§6. Why is the power to pass them given to congress? Why should they be uniform?
§7. Why is the power to coin money and regulate its value given to congress? What change in the system of reckoning has been effected?
§8. At what places is money coined? What is bullion?
§9. Why is the power to fix the standard of weights and measures vested in congress?
§10. Why has congress the power to provide for punishing the counterfeiting of the securities and coin of the United States?
Chapter XXXV.
§1. Why is the power to establish post-offices given to congress?
§2. How are useful arts and sciences promoted?
§3. How does an author of a work proceed in procuring a copy-right? By whom, and where, is the title recorded?
§4. What else must the author do? For how many years is the right obtained? For what term, and how, may the right be continued?
§5. Where are patents for inventions obtained? How does the inventor proceed?
§6. How much must he pay before his petition is considered? For what term are patents granted? For what term may they be renewed?
Chapter XXXVI.
§1. Define piracy and felony. Why is the power to define and punish these crimes given to congress?
§2. Why also the power to define and punish offenses against the law of nations?
§3. Why the power to declare war? Who exercises this power in monarchies?
§4. What are letters of marque and reprisal? Why should not an individual redress his private wrongs?
§5. Why should not the states authorize reprisals?
§6. Why has congress the power to make rules concerning captures? How is captured property distributed?
§7. Why is the general power to provide for the national defense intrusted to congress?
§8. Why was given to congress entire control over the district containing the seat of government?
§9. What district is here referred to? Over what other places has congress exclusive authority?
§10. What is the last power granted in the list here enumerated? Why is this general grant of power to make laws deemed necessary?
§11. What opinion is held by some in regard to this power? On what reasons is this opinion founded?
Chapter XXXVII.
§1. What is the first prohibition on congress?
§2. To what has this reference? For what reasons was this prohibition assented to?
§3. Have men a natural right to buy and sell each other? When was the foreign slave trade prohibited? How is it now punishable?
§4. Define habeas corpus. What is the privilege of this writ?
§5. What is a bill of attainder? When is it a bill of pains and penalties?
§6. What is an ex post facto law? Give examples of ex post facto laws.
§7. What is a capitation tax? To what provision of the constitution does this prohibition refer? What does it mean?
§8. Why are duties on exports forbidden? How might the interests of the different states be injuriously affected by taxing exports?
§9. What further reasons are given for this prohibition? How is freedom and equality in trade secured to the states?
§10. By what provision is the proper disposal of the public moneys secured?
§11. Why is the granting of titles of nobility forbidden? How are public officers guarded against corruption from foreign influence?
Chapter XXXVIII.
§1. What is a treaty? An alliance? A confederation? Why are states forbidden to enter into them?
§2. Why should not states issue letters of marque and reprisal?
§3. Why should they not coin money?
§4. Why were they forbidden to emit bills of credit? Does the prohibition extend to bank bills?
§5. What is meant by tender, usually termed lawful or legal tender? Why should coin only be made tender in payment of debts?
§6. Why is the passing of bills of attainder and ex post facto laws by states forbidden? Why are laws impairing the force of contracts prohibited?
§7. Do insolvent or bankrupt laws impair the obligation of contracts? States have passed such laws; were they constitutional? How has the question been decided?
§8. Why is the granting of titles forbidden to the states?
§9. What objections to the general power of the states to tax exports or imports? What exception is made to the prohibition?
§10. What is the object of this exception?
§11. What other restrictions are there upon the power of the states?
Chapter XXXIX.
§1. In whom is the executive power of the nation vested?
§2. For what reasons was this power given to one person only?
§3. Why were four years agreed on as the official term?
§4. By whom is the president elected? Has the mode of election ever been altered?
§5. By what authority is the manner of choosing the electors prescribed? By whom are they chosen at present?
§6. In what manner are they chosen? Describe particularly the election by general ticket. When are electors chosen?
§7. Where and when do the electors vote for president? How, when, and to whom, are certificates of their votes sent?
§8. When, where, and by whom are the votes counted? How is the election determined? If no person has a majority of all the votes, by whom is the election made? How do the members vote?
§9. Describe the election of president by the house in 1825.
§10. How is the vice-president elected if there is no choice by the electors?
§11. What are the qualifications of the president and vice-president?
§12. How is a vacancy in the office of president supplied? What further provision is made for supplying vacancies?
§13. Why may not the salary of a president be increased or diminished?
§14. When does the presidential term commence and expire?
Chapter XL.
§1. What high military office has the president? Why is the command of the public forces intrusted to him?
§2. For what reasons the power to grant reprieves and pardons?
§3. What other powers has the president? For what purposes are treaties made? Who exercises this power in monarchies? Why is not the house associated with the president and senate?
§4. For what reasons is the senate preferred? Who appoint embassadors?
§5. By whom and how are treaties negotiated? By whom ratified?
§6. What is here mentioned as the practice of civilized nations? What are the duties of the secretary of state in our intercourse with foreign nations?
§7. What titles have representatives at foreign courts? Who are embassadors in ordinary and extraordinary? Envoys? Envoys plenipotentiary?
§8. What are our representatives abroad called? What are chargès des affaires?
§9. What is the business of consuls?
§10. Why is the appointment of judges of the supreme court given to the president and senate?
§11. For what reason should the president have the right to select the heads of the departments?
§12. What power has the president alone in filling vacancies? Why is such a power necessary?
§13. What other powers and duties of the president are mentioned in the constitution?
§14. What officers are removable by impeachment? and for what offenses?
Chapter XLI.
§1. Among what departments is the executive business of the nation distributed? By what names are the head officers called? How appointed?
§2. What departments did the first congress establish? What officers constituted the first cabinet? When were the heads of the navy, post-office, and interior departments respectively added?
§3. What are the duties of the secretary of state relating to foreign affairs? Define diplomacy and diplomatist.
§4. What are the duties of the secretary in relation to home affairs?
§5. What are the duties of the secretary of the treasury?
§6. What are his principal assistants?
§7. What are the duties of the secretary of the interior? What is a pension? To what classes of persons are pensions allowed? To whom are bounties of lands allowed?
§8. To what do the duties of the secretary of war relate?
§9. What is the business of the secretary of the navy? and of the navy commissioners?
§10. What are the principal duties of the postmaster general? Who are his principal assistants?
§11. What is the business of postmasters in relation to keeping accounts of letters, advertising letters, and making returns to the general post-office? What are dead letters?
§12. How are postmasters paid for their services? State the rates of commission. To what amount of compensation are postmasters limited? What postmasters are appointed by the president and senate?
§13. Who are entitled to the franking privilege? and to what extent? How is franking done? What government officers frank matter on official business?
§14. What are the duties of the attorney-general?
Chapter XLII.
§1. Was there a national judiciary under the confederation? In what courts is the judicial power of the U.S. vested?
§2. By whom, and for what term, are the judges appointed? Why is the term made so long?
§3. How is the independence of the judges further secured? Why should congress not have power to reduce their salaries?
§4. Cases of what nature are tried in the national courts?
§5. Why is the trial of crimes to be held in the state where committed?
§6. Which are the lowest national courts? How is a district court constituted? What cases does it try?
§7. How many circuits are there? How is a circuit court constituted? What cases does it try?
§8. How is the supreme court constituted? Where, and when, does it hold sessions? What is its principal business?
§9. What important object is so cared by the supreme court? How are state laws and the decisions of state courts affected by the decisions of the supreme court of the United States?
Chapter XLIII.
§1. Why was the definition of treason put into the constitution? What is levying war?
§2. State more particularly what does and what does not constitute levying war and treason?
§3. What proof is required to convict of treason?
§4. How was treason punished by the common law? How has congress made it punishable?
§5. What is attainder? Its meaning here? By the common law, how did the sentence of death for treason affect the traitor? What has congress declared concerning conviction for treason?
Chapter XLIV.
§1. What is the object of the provision concerning state records?
§2. In giving effect to this provision, what has congress enacted? In case of a judicial proceeding, what is required? What in case of an act of a state legislature?
§3. What is meant by the clause concerning the privileges of citizens in the several states? Without such provision, what might a state do?
§4. How is a fugitive from justice arrested and returned for trial?
§5. Who are meant by "persons held to service or labor, escaping into another state?" What provision of the common law induced the adoption of this clause?
§6. How are fugitives from slavery apprehended and returned? Is the law requiring the capture and return of fugitive slaves, in your opinion, morally binding?
§7. What induced the provision for admitting new states? What states have been formed from the north-western territory?
§8. What unsettled tract was south of the Ohio? Whose consent to the division of a state does the constitution require?
§9. In the right to acquire territory, what other right is implied? Had the old congress this power? What has congress done under the power here granted?
§10. How is a republican form of government secured to the states? How are they to be protected against invasion and domestic violence? What is meant by domestic violence?
Chapter XLV.
§1. How are constitutional amendments proposed? How ratified?
§2. What good is supposed to have resulted from so difficult a mode of amendment?
§3. For what reasons was the new government made to assume the debts of the old?
§4. Why is the constitution of the United States, and the laws and treaties made under it, made binding above all state authority?
§5. Why are public officers bound by oath to support the constitution, and to discharge their duties faithfully?
§6. What is a religious test? What was it in England? Why was it forbidden by the constitution?
§7. What does the last article declare? Why was not the ratification of all the states required? Why was the ratification of so many as nine required?
§8. When did this state ratify? When did North Carolina and Rhode Island come into the union?
§9. When were electors of president chosen? When was the president elected, and when inaugurated? When did proceedings under the constitution commence?
Chapter XLVI.
§1. How many articles of amendment are there? What is the nature of most of them? Why then were they added? When were the first ten proposed and ratified?
§2. What is forbidden by the first amendment?
§3. What right is guarantied by the second amendment? Why is this right necessary?
§4. What does the third amendment declare? What probably suggested it?
§5. What right is guarantied by the fourth article? What evil is it intended to prevent?
§6. What rights does the fifth article guaranty? Can you give any reason why a person fairly tried and acquitted should not be tried again? What does the sixth article require?
§7. What is secured by the seventh amendment? What is meant by suits at common law? What are courts of admiralty? How is the latter part of this article explained?
§8. What does the eighth article forbid? What evils was it designed to prevent?
§9. What is the ninth article? What evil was it designed to prevent?
§10. What does the tenth amendment declare? Explain it.
§11. When was the eleventh article proposed and ratified? What is it? What was it intended to prevent?
§12. What does the twelfth amendment effect? When was it proposed and ratified?
Chapter XLVII.
§1. How are the municipal or civil laws distinguished from the fundamental or political law?
§2. What are statute laws?
§3. What is the common law? Is it law in this country?
§4. What are the rights of person? Personal security? Personal liberty? How are they guarantied?
§5. How may a man protect himself when in danger of personal injury? What remedy for violence committed?
§6. How far may a man go in defending himself or his property? What is such killing called?
§7. How are we protected in our good names? What is slander?
§8. What is libel? Which is considered the greater injury? For which is a person liable in both a civil and criminal suit?
§9. What is the rule of the common law in the case of a criminal action for libel? What is the reason for this principle?
§10. What distinction do some make between cases of public and private prosecution for libel?
§11. Does the common law still prevail in this country? How has it been modified?
§12. How is personal liberty secured? What is the nature of the writ of habeas corpus?
§13. What is liberty of conscience? How is it secured?
§14. Is this right secured to the same extent in England?
§15. What is meant by the right of property? By what is it protected?
Chapter XLVIII.
§1. What is meant by the age of consent? At what periods of life is it fixed? At what in this state?
§2. What three requisites to a lawful marriage are next mentioned?
§3. May a person remarry who has a wife or husband living? What is the crime called? What cases are excepted?
§4. Are the marriages in these excepted cases binding? What is the common law on the subject?
§5. How, and by whom are marriages solemnized? What regulations exist in some states? Is a license or a notice required in this state?
§6. By common law, what right to the personal property does the husband acquire by marriage?
§7. Does he acquire an absolute right also to her real estate? How is his right limited?
§8. How has this common law rule been changed? Can you tell what the law is in this state?
§9. By common law, what liability does a husband incur by marriage? What is coverture? Is this now the law in all the states? Is it in this state?
§10. How far is a husband bound for the maintenance of his wife?
§11. May they be witnesses for each other?
Chapter XLIX.
§1. What are the obligations of parents? What is the age of majority? In law, who are infants, or minors?
§2. How far, or in what cases, is a father liable for the contracts of a child?
§3. Can a minor bind himself by contract? In what cases is he bound?
§4. How in cases of rent? How in cases of contracts which he avoids when he comes of age?
§5. Are minors answerable for crimes? How in cases of fraud?
§6. What right have they to bind themselves as apprentices and servants? By whose consent?
§7. Who may bind pauper children? What provision is made for their education?
§8. What are the rights of the master and apprentice respectively?
§9. When may apprenticeships be dissolved?
§10. How may a hired servant forfeit his wages? For what may he be dismissed? For what cause released from his service?
§11. What are the mutual liabilities of master and servant?
Chapter L.
§1. By whom, and in what ways, may real estate be taken, held, and conveyed? Have aliens this right?
§2. What is it to devise property? What is a or testamen? Define testator, and intestate.
§3. Who may bequeath property? What special rights to bequeath property are given in some states? What is a nuncupative will?
§4. How has the right of married women to bequeath property been extended?
§5. How is a will executed?
§6. In what different ways may a will be revoked?
§7. What is the effect of the subsequent birth of a child? What else have some states provided?
§8. What is a codicil? Its effect?
§9. How is a will proved? What are letters testamentary, and letters of administration?
§10. What is meant by the descent of property? Is the rule of descent uniform in the states? To whom, generally, does it descend first?
§11. If any children of the intestate are dead, how does it descend? Give an example.
§12. If all the children are dead, how do the grand-children share? Is this state an exception to the rule?
§13. Do real and personal estate generally come under the same rule?
Chapter LI.
§1. What is the benefit of a deed of real estate? What is expressed in a deed? How is it executed?
§2. What is necessary to secure possession to the purchaser? Where are conveyances recorded in this state?
§3. How long, in come states, are first purchasers secure before recording? What is the law in this state? What claim does a purchaser thus dispossessed still retain? Can you tell why conveyances are required to be recorded at all?
§4. How are deeds proved? Before whom are thoy acknowledged? How are they recorded?
§5. What is meant by fee-simple? What does the grantor in a warranty deed bind himself to do? In what does such deed differ from a quit-claim deed?
§6. What is a mortgage? How is the balance of the purchase money usually secured? How is the money raised?
§7. Why does a wife join with her husband in a conveyance? What is the interest thus retained by a widow called? In what else must a wife join? Does a wife acknowledge apart from her husband in this state?
Chapter LII.
§1. Define corporeal and incorporeal hereditaments. What are aquatic rights?
§2. What is a right of way? How is this right obtained? What is an easement?
§3. In what case does a right of way pass with the land? Give an example.
§4. In what cases does this right arise from necessity?
§5. When the use of a thing is granted, what is generally granted with it?
§6. How is a temporary right of way acquired? Does the obstruction of a private way give the same right?
§7. What is a right by prescription? How many years' peaceable use gives a person such right? What change in this term has been made in some states? What is it in this state?
§8. What right have the public to the soil of a highway? Who own the soil? What right and power concerning it do they retain?
§9. What are the rights of the owners of lands adjoining a stream? How is the use of the water restricted?
§10. How may the right to the use of the water be affected by prescription?
§11. What is the general and established doctrine on this subject? Must the use be enjoyed by one person during the whole period to give a prescriptive right?
Chapter LIII.
§1. What is an estate of inheritance? A fee? A fee-simple?
§2. What is the writing which conveys an interest in lands for a limited period called? What means to lease? Define lessor and lessee. What lenses must be sealed?
§3. How are these limited interests in land divided? What is an estate for life? How, otherwise than by lease, are life estates acquired?
§4. What is an estate for years?
§5. May a lessee for years underlet without the lessor's leave? For how long a time?
§6. Who is entitled to the growing crop if the lease expires before harvest? In what case the tenant?
§7. Does the destruction of rented premises release the tenant from payment of rent? In what case would he not be liable?
§8. Can a tenant charge his landlord for repairs? What may he do when the premises have become unsafe or useless?
§9. Where and when must payment of rent be made or tendered?
§10. What is an estate at will? Are such estates common? In what case are they held to be tenancies from year to year? What if a tenant for years hold over after his lease?
§11. What turns leases from uncertain terms into leases from year to year? Who is strictly a tenant at will? Can he be dispossessed without previous notice to quit?
§12. What is an estate at sufferance? What are the rights of a landlord and a tenant by sufferance, respectively?
Chapter LIV.
§1. Define contract. What is an executory contract? An express contract? An implied contract?
§2. What is a specialty? A simple or parol contract? Define parol. What effect has parol evidence upon written contracts?
§3. Who are deemed incapable of contracting? How are contracts made by such persons voided? How enforced? What is the general rule?
§4. What is the rule in regard to drunkards?
§5. What is mentioned as the second requisition to a valid contract? How must assent be given?
§6. What is next mentioned as necessary to a valid contract? What is a consideration?
§7. What is the effect of mutual promises? How must they be made? How when the parties are distant?
§8. Why are gratuitous promises void? In what case are subscriptions binding?
§9. Why can not payment be lawfully claimed for gratuitous services? In what cases is a person bound to pay for unasked labor?
§10. What else is mentioned as necessary to a valuable consideration? What kind of impossibility will not void a contract?
§11. What is said of illegal and immoral considerations?
§12. To what kind of contracts does the rule that a consideration is necessary apply? Why not to those under seal?
§13. What is declared by the English statute of frauds? What do some states further require?
Chapter LV.
§1. What is a sale? What general principles apply to contracts of sale?
§2. What if a man contracts to sell what has no existence? Give an example.
§3. Can he sell what may have a future existence? Give examples.
§4. What is said about price, as essential to a sale?
§5. What about the mutual consent of parties?
§6. What is to be done if the goods are not immediately delivered? Below what price is this unnecessary? What is the sum fixed in this state?
§7. What is said about delivery to complete a contract?
§8. When does the buyer acquire the right of property? When the right of possession?
§9. In case the goods are sold on credit, when has the buyer a right to them? In what case has he not?
§10. What is said about the warranty of title?
§11. In regard to quality, what?
§12. To what cases does not this rule apply? Is a seller bound to disclose hidden defects?
§13. What is the general rule?
Chapter LVI.
§1. For what purposes are fraudulent sales made?
§2. What is here stated to be a common law rule? Upon what question do the courts differ?
§3. What distinction has been made between conditional and unconditional bills of sale and assignments?
§4. In different states, what different rules prevail?
§5. How does the strict rule sometimes operate to the injury of honest debtors?
§6. How has this question been settled in some states? What are these instruments of conveyance called? Must they be recorded in this state?
§7. In what case, when there is a judgment against the seller, would a sale of personal property be fraudulent?
§8. How are assignments made for the benefit of creditors? May such assignor prefer any of his creditors?
§9. If he agrees to pay all a certain share, and then privately prefers some, what is the effect?
§10. In what cases are gifts valid against creditors?
Chapter LVII.
§1. Define bailment.
§2. For what is a bailee without reward responsible? What is a depositary?
§3. A mandatary? For what is he responsible?
§4. For what is a borrower liable? How is he restricted in the use of the article?
§5. In the case of property pledged as security for debt, what are the liabilities?
§6. What in case of a hired article?
§7. What if work or care is to be bestowed upon a thing delivered?
§8. The liability of innkeepers?
§9. Of persons carrying goods for hire in a particular case?
§10. What is a common carrier? To what extent is he liable?
§11. What are his rights and obligations as to receiving and carrying goods?
§12. What are the liabilities of proprietors of stage coaches as to passengers? What as to the carrying of goods and the baggage of passengers?