84
7 7ic Green Bag.
and accommodating as a Japanese student can desire. The educational community is in reality a market, the desires of the students being the demand which the school authorities seek to supply. How nearly this term applies to it, in virtue of the mobility of student patron age and the conditions of fluctuation in at tendance, and how sensitive a market it is, may be inferred from some figures showing the attendance at one of the large insti tutions: —
1884 1885 1886 iS87 ige« 1889 1890 New students during the year .... 223 271 435 514 571 653 675 Total number at begin ning of year . . . 807 891 970 1058 1059 1108 ибо Net gain over previous year 84 79 88 l 49 52
It appears from this table that in 1889, for instance, some 650 students entered, but during the same time more than 600 left. These figures show the students as they are, drifting about from school to school, ab solved from the control of the parents at home in the country, studying where they find the greatest attraction, and masters of the educational situation. Space does not suffice to take up here the relation between legal study and the future professional career of the student. But as a specimen of the test to which the student must look forward on entering the bar or taking a subordinate place on the judicial staff, I append the questions given at the last examinations. On this occasion, as in the past few years, the candidates numbered over IODO. Some 200 passed. I am told that it is a great distinction to pass at the first trial, and that most candidates try two or three times before succeeding. Something of this is probably due to the peculiarities of the examiners; and it was considered a good joke upon them that Mr. Hatoyama (lately Dean of the Imperial University Law School), on his return from America, failed to pass at the first trial.
A. EXAMINATION FOR ADVOCATES. i. Criminal LtUi.1 (a) What is the difference between continuing crimes (keizoku-haii) and instantaneous crimes (sokuji-Jtan), and the importance of this dis tinction in the application of the law? (b) What is the difference between embezzlement (jukizaisan /nsfiozai) and property-falsification (boninzai, escroquerie)?
2. Crimina! Procedure. (a) Explain the nature of public and private suits, and the points in which they resemble and differ from each other. (¿>) May a Court of Second Instance annul a decision of a Court of First Instance for not allowing a mitigation of sentence as prescribed by law í
3. dril Procedure. (a) A sues B, and С moves to be made a party in the case. The Court, after examining C, dis misses the motion. С appeals; but the Court of Second Instance dismisses the appeal on the ground that the statutory period for appeal had elapsed. May С appeal to the Court of Last Instance, and show that the period had not expired before he entered the appeal? (¿) The defendant in a suit requests the Court, on decision in bis favor with costs, to issue an at tachment against the plaintiff pending appeal. May the Court do so? (c) If a defendant fails to appear at the trial of a case, must the Court give judgment by default. or may it take some other course?
4. Commercial Law. (a) How do you distinguish between a contract of insurance and a contract of wager or gambling (hakuchi)? (¿) Discuss the question whether an ordinary part nership should be regarded as a legal person or not, and the significance of the distinction. (c) What is the difference between a bill of exchange and a promissory note?
5. Cirif Law. (a) Explain the difference, if any, between the effect of mistake, compulsion, and illegality of object upon the element of consent in contracts. i h) Distinguish between the cases when a principal is responsible and when he is not for acts of an agent in excess of his powers, and give the reasons. (<•) When, if ever, is a person not bound by a judg ment where the period for appeal has lapsed?
