Legal Rdîication in Modern Japan. (d) Where one or more sureties become insolvent, what effect has this upon the obligations of the other sureties?
(A) What are the facts constituting a cause of ac tion? Why is it necessary to affirm them in the declaration?
B. EXAMINATION FOR JUDICIAL ASSISTANTS.
It is difficult in describing briefly a phase of life, especially of foreign life, that is un familiar to one's readers, to convey exactly the impression one desires. Certain major traits, to which the minor ones must be sac rificed, become too prominent, and the shadings are lost. One can endeavor, of course, merely to rehearse one's own experience, and let it tell its story. But all experience is personal, and the full title, by the law of nature, untransferable. He who takes it from another obtains only an imperfect and precarious interest. The difficulty of evad ing this law is greater where we are dealing with Japan, for the spirit of the life is one which can never be put upon paper. It is not difficult to find fault with the ways of its people, in legal education or in other activities; but the doubt always remains whether it is really a fault that we find. By our standards something may fall short; but there is a constant residuum of doubt whether we have any right to apply those standards. In the formation of our judg ments there is a continual conflict between the artistic sense and the practical sense. The former sees and is satisfied with the unity and the charm of Japanese life as it is in itself; the latter sees and wishes to re adjust its incompleteness and unsuitableness as it stands in comparison with our own ideals. We wonder whether, after all, the life that we find here worked out is not the best for this land, and whether the sum of our criticism is not merely that our ways are different. With most of us, to predicate a difference from our own standards is to pre dicate an inferiority; and this is the error, dangerous because unwitting, for which so constant allowance has to be made in all our thoughts of Japan.
i . Civil Law. (a) Explain the distinction between personal and real rights, and its advantages, (i) What is the effect of fraud upon consent in contracts? (f) Does the contract of sale always transfer the property in a thing? (d) To whose benefit should result the acts of an agent in excess of powers?
2. Commercial Law. (a) Where the directors of a corporation make a con tract in regard to an enterprise not included in the articles of association, and the shareholders afterwards ratify the contract, is the corporation bound to perform? (o) What is the obligation of joint signers of a ne gotiable instrument? (f) May the valuation in a contract of marine insur ance exceed the real value of the thing insured, and is such a contract entirely without effect?
3. Criminal Law. (a) What is the difference between acts done in the reasonable protection of self (setoboyti), and acts done to protect self or relatives in the presence of impending danger resulting from vis major? (a) What is the difference between acts done without a criminal intent and acts clone without know ledge of facts which are essential to the crime? Give examples of each class.
4. Crimina/ Procedure. (a) Why are the rules of Proof in criminal cases different from those in civil cases? (¿) May the Public Prosecutor appeal against a judgment rendered by default? If he may, what is to be done when the defendant, pend ing this appeal, himself enters an appeal against the judgment?
5. Civil Procedure. (a) Explain the nature and effect of the distinction between judgments in Courts of Lower Instance and judgments in Courts of Last Instance.
