Questions. Common Law Pleading
Description
This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Questions. Common Law Pleading
Chapter I
Page 11.
1. Define common law pleading.
Page 12.
1. To what extent is this system in force in America at the present time?
Chapter 11
Page 13.
1. Who may be a plaintiff in a common law action?
2. Who may be a defendant in a common law action?
Page 14.
1. When should two or more persons be joined as plaintiffs?
2. When should two or more persons be joined as defendants?
Chapter III
Page 15.
1. Classify common law actions.
Chapter. IV
Page 17.
1. Define a real action.
2. Define a mixed action.
3. Discuss the writ of right.
Pages 18=21.
1. Name the principal writs in the nature of writs of right.
2. What were the four lesser assizes?
3. What was the nature of these actions?
Page 22.
1. What was the character of the writ of entry?
2. What were the principal forms of this writ?
Page 23.
1. Enumerate the other principal real writs.
2. What are the existing forms of real actions?
Page 24.
1. Describe the nature and scope of the action of ejectment.
2. Describe the nature and scope of the action of forcible entry and detainer.
Chapter V
Pages 25-26.
1. Describe the nature and scope of the action of debt.
Page 27.
1. Describe the nature and scope of the action of detinue.
Page 28.
1. Describe the nature and scope of the action of covenant.
Page 29.
1. Describe the nature and scope of the action of annuity.
2. Describe the nature and scope of the action of assumpsit.
Page 31.
1. What are the two kinds of assumpsit?
Page 32. 1. What are the common courts?
Page 33.
1. Describe the nature and scope of the action of accounts.
2. Describe the nature and scope of the action of scire facias.
Chapter VI
Page 35.
1. Describe the nature and scope of the action of trespass.
2. Describe the nature and scope of the action of trespass on the case.
3. Describe the nature and scope of the action of trover.
Page 36.
I. Describe the nature and scope of the action of replevin.
Chapter VII
Page 37.
1. Define pleadings.
2. What are the regular pleadings, in their proper order, in a common law action?
Page 38.
1. What is an issue?
2. What are the parts of a declaration?
Page 39.
1. What is the purpose of the plea?
2. Classify pleas.
Page 40.
1. What is a traverse?
2. What is meant by the "general issue?"
Page 41.
1. What is the general issue in an action of debt on a simple contract?
2. What is the general issue in an action of debt on record?
3. What is the general issue in an action of debt on specialty?
4. What is the general issue in an action of covenant?
5. What is the general issue in an action of detinue?
6. What is the general issue in an action of assumpsit?
7. What is the general issue in an action of trespass?
8. What is the general issue in an action of trespass on the case?
9. What is the general issue in an action of trover?
Page 42.
1. What is a special traverse?
Pages 43-44.
1. Discuss the replication de injuria?
Page 45.
1. What is the nature of a pleading by way of confession and avoidance?
Pages 46-53.
1. What is a demurrer?
2. What kind of an issue is raised by a demurrer?
Chapter VIII
Page 55.
1. Give the principal rules tending solely to the production of an issue.
2. Give the principal rules tending to produce a material issue.
3. Give the principal rules tending to produce a single issue.
Page 56.
1. Give the principal rules tending to produce a certain issue.
Page 57. 1. Give the principal rules tending to prevent obscurity and confusion.
Page 58.
1. Give the principal rules tending to prevent prolixity and delay.
2. Give the miscellaneous rules.
Chapter IX
Page 59.
1. What are the principal steps in the procedure in a common law action?
2. What is process?
3. What are the different forms of process?
Page 60.
1. When may an attachment be issued?
Page 61.
1. Define appearances.
2. Classify appearances.
Page 62.
1. What is the effect of the default of the defendant?
2. How are issues determined?
Page 63.
1. What is a jury?
Pages 64-65. 1. How is a jury selected?
Page 66.
1. What are the principal grounds for challenge to a juror?
Page 67.
1. What are exceptions?
2. What is a verdict?
Chapter X
Page 69.
1. What is a motion for a new trial?
2. What is a motion in arrest of judgment?
3. What is a motion for judgment non obstante verdicto?
4. What is a motion for a repleader?
Pages 70-74.
1. What are writs of error?
Page 75.
1. What is a bill of exceptions?
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