Chapter I

Page 11.

1. Define equity.

Page 12.

1 In what classes of cases do common law courts and equity courts have concurrent jurisdiction?

Page 13.

1. What is the position of equity jurisprudence under the codes?

Chapter II

Page 15.

1. What are the equitable maxims?

2. Discuss the application of the equitable maxim,

"Equity follows the Law."

Page 16.

1. Discuss the application of the equitable maxim, "Equity will not suffer a wrong to be without a remedy."

Page 17.

1. What is the application of the equitable maxim,

"Equity looks at the intent rather than the form?"

2. What is the application of the equitable maxim,

"Equality is equity!"

Pages 18-20.

1. What is the application of the equitable maxim, "Equity aids the vigilant and not those who slumber on their rights?"

Page 21.

1. What is the application of the equitable maxim, "Equity acts specifically and not by way of compensation?"

Pages 22-26.

1. What is the application of the equitable maxim, "Equity acts In Personam and not In Rem?"

Page 27.

1. What is the application of the equitable maxim,

"Between equal equities, the law will prevail?"

2. What is the application of the equitable maxim,

"He who comes into equity, must come with clean hands?"

3. What is the application of the equitable maxim,

"Between equal equities priority of time will prevail?"

Page 28.

1. What is the application of the equitable maxim, "He who seeks equity must do equity?"

Page 29.

1. What is the application of the equitable maxim,

"Equity considers that as done which ought to be done?"

Page 30.

1. What is the application of the equitable maxim,

"Equity imputes an intention to fulfill an obligation?"

2. Name some of the less important equitable maxims ?

Chapter III

Page 31.

1. What are the four great divisions of equity?

2. What are equitable titles?

Page 32.

1. What are equitable rights?

2. When does equity take jurisdiction on account of the character or number of the parties?

3. What are equitable remedies?

Chapter IV

Page 33.

1. Define uses or trusts.

2. What are equitable liens?

Page 34.

1. What are the principal classes of equitable liens?

Chapter V

Page 35. 1. Define a mortgage.

Page 36.

1. Distinguish between the mortuum vadium, the vivum vadium, and the Welsh mortgage.

Page 37.

1. What was the original common law theory of mortgages?

2. What was the original equitable theory of mortgages?

Page 38.

1. What is the modern theory?

2. What is meant by the foreclosure of a mortgage?

Page 39.

1. What are the eight methods of foreclosing a mortgage in use in different states of this country?

Page 40.

1. What is the redemption of a mortgage?

2. Describe a mortgage trust deed?

Page 41.

1. What are chattel mortgages?

2. How does the law relative to them, differ from the law governing real estate mortgages?

Chapter VI

Page 43.

1. Define mistake.

2. What are the different kinds of mistake?

Pages 44-56. 1. When will equity relieve against mistakes of fact?

Page 57.

1. Will equity relieve against the mistake of a third person in reducing a contract to writing?

2. Will equity ever relieve against a mistake of law?

Page 58.

1. What apparent exceptions are there to this rule?

Page 59.

1. What forms of relief can be granted by equity in cases of mistake?

Chapter VII

Page 61.

1. Define accident?

2. Distinguish between accident and mistake?

Page 62.

1. Compare the relief in equity and at common law in cases of lost instruments.

Page 63.

1. When will equity relieve against a defective execution of powers?

Page 64. 1. When will equity relieve against judgments at law?

Chapter VIII

Page 65.

1. Define a penalty.

2. How are penalties viewed by a court of equity?

Pages 66-68.

1. Distinguish between penalties and liquidated damages?

Page 69. 1. What is a forfeiture?

Pages 70-3.

1. What is the position of equity relative to forfeiture?

Chapter IX

Page 75.

1. Define fraud.

2. Give Lord Hardwicke's classification of fraud.

3. Define actual fraud.

Page 76.

1. What is the extent of the jurisdiction of equity in the case of actual frauds?

Page 77.

1. What transactions are included under the head of "frauds apparent from the intrinsic nature and subject matter of the bargain ?"

Page 78.

1. What transactions are included under the head of "frauds presumed from the circumstances and conditions of the parties?"

Page 79.

1. What transactions will be set aside as constituting a fraud on third persons?

Chapter X

Page 79.

1. What is the doctrine of contribution in equity?

Page 80.

1. What is the doctrine of exoneration in equity?

Pages 81-83. 1. What is the doctrine of subrogation in equity?

Page 84. 1. What is the doctrine of marshaling of assets?

Pages 85-87.

1. In what cases of accounting does equity have jurisdiction?

Chapter XI

Page 89.

1. What is the equitable doctrine of satisfaction?

2. In what cases is it applied?

Pages 90-91.

1. What is the equitable doctrine of performance?

Chapter XII

Pages 93-97. 1. What is the doctrine of equitable estoppel?

Page 98.

1. What is notice?

2. What are the two kinds of notice?

3. Define actual notice.

4. Define constructive notice.

Page 99.

1. Classify constructive notice.

Pages 100-104.

1. Discuss what will constitute constructive notice.

Page 105.

1. Who is a bona fide holder for value?

Page 106.

1. What is the equitable doctrine of election?

Page 107.

1. What is equitable conversion?

Pages 108-112. 1. When will it take place?

Page 113. 1. What is re-conversion?

Chapter XIII

Page 115.

1. In what cases will equity take jurisdiction on account of the character or number of the parties?

Page 116.

1. When will equity take jurisdiction to prevent a multiplicity of suits?

Chapter XIV

Page 117.

1. Define specific performance.

2. Name certain classes of contracts of which equity will never decree specific performance.

Page 118.

1. When will equity decree specific performance of contracts for the sale of real property?

Pages 119-120.

1. When will equity decree specific performance of contracts for the sale of personal property?

Page 121.

1. Will equity ever decree the specific performance of a contract with a variance?

2. What are the principal defenses against specific performance?

Pages 122-125.

1. What effect will want of mutuality have upon the specific performance of a contract?

Page 126.

1. What effect will want or inadequacy of consideration have upon the specific performance of a contract?

Pages 127-128.

1. What effect will the default of plaintiff have upon the specific performance of a contract?

Page 129.

1. What effect will fraud or concealment have upon the specific performance of a contract?

Page 130.

1. What effect will laches have upon the specific performance of a contract?

Pages 131-133.

1. What effect will hardship have upon the specific performance of a contract?

Page 134.

1. What effect will mistake have upon the performance of a contract?

Chapter XV

Page 135. 1. What are the principal forms of equitable relief applicable in the case of written instruments?

Pages 136-137.

1. When will equity decree the cancellation of written instruments?

2. When will equity decree the reformation of written instruments?

Chapter XVI

Page 139.

1. What is partition?

Pages 140-143. 1. When will a bill he to remove a cloud from title?

Chapter XVII

Page 145.

1. Define an injunction.

2. Classify an injunction.

Page 146.

1. What is a preliminary or interlocutory injunction?

2. What is a perpetual or final injunction?

3. What is a mandatory injunction?

4. What is a prohibitory injunction?

Page 147.

1. When will an injunction be issued against waste?

Page 148.

1. When will an injunction be issued against trespass?

2. When will an injunction be issued against nuisance ?

3. When will an injunction be issued against personal torts?

Page 149.

1. When will an injunction be issued against the commission of criminal acts?

2. When will an injunction be issued against a breach of contract?

Page 150.

1. When will an injunction be issued for the protection of a patent?

2. When will an injunction be issued for the protection of a copyright?

3. When will an injunction be issued for the protection of a trademark?

Page 151.

1. When will an injunction be issued against a public official?

Chapter XVIII

Page 153. 1. What is discovery?

2. What is the writ of ne exeat?

3. What is a bill of interpleader?

Page 154.

1. Who are receivers?

2. When will they be appointed?