54. What remedy has the assignee of the salary of an officer from whom such assignee desires to collect by process of law?

55. In the absence of constitutional provision, has a municipal government power to promise and pay to its officers money not earned, commonly known as pensions or awards? 56. To what authority should we apply to determine the powers of officers when they are not specifically set forth in the articles of municipal incorporation or defined by statute?

57. How is the matter of jurisdiction apportioned? What is meant by jurisdiction of the subject matter? Jurisdiction of the person named?

58. What will disqualify a judge from sitting in a particular case?

59. Which branch of the government ultimately exercises the power of finally passing upon the acts of the several other branches?

60. Where it is provided that whatever action is to be taken shall be taken by a board or committee, may such action be taken by a majority of members thereof individually, when not convened in meeting?

61. What is meant by the expression, "Everyone is presumed to know the law," and what application has it to persons dealing with public officials?

62. Distinguish between judicial and ministerial duties. 63-64. How may one determine whether the duties to be performed by an officer are judicial, ministerial, or discretionary?

65. A has certain property in the County of Cook and State of Illinois; his personal safety and that of his property are threatened by mob violence; he calls upon the sheriff for protection; this the sheriff fails to afford him. What remedy, if any, has A?

66. Distinguish between the liability which may attach to officers ministerial and officers judicial in the performance of their several duties.

67. In case a judge assumes to act where he has not jurisdiction of the subject matter, does he incur personal liability? If so, to whom, and what is the remedy?

68. (a) A court of limited jurisdiction determines a case not within its jurisdiction. Has the injured party any remedy other than that of appeal or review? (b) A court issued an injunction against A; A violated such injunction; and the court instituted proceedings against A for contempt; A then pleads that the court did not have jurisdiction of the subject matter. Is this defense available?

69. In cases where a judicial officer cannot be held liable to the party injured, though guilty of a breach of duty, who may call him to account?

70. Discuss and explain the distinction between impeachment and recall of judicial officers.

71. Define an administrative officer, and state under what circumstances he may become liable in an action at law for wrongful acts committed by him as such officer.

72. What presumption obtains with reference to the acts and doings of a quasi-judicial body?

73. To what extent will discretion, honesty, and fairness exercised by an officer protect him from liability?

74. Under what circumstances may a ministerial officer be guilty of malfeasance, misfeasance, and nonfeasance? Explain fully and state reasons.

75. (a) When will a writ of mandamus lie to compel an inferior officer to perform a specific duty imposed upon him by law? (b) Will a writ of mandamus ever lie to compel a superior officer, e. g., a judge of a court of general jurisdiction, to perform his duties?

76. State under what circumstances a superior officer may become liable for the tortious acts of those under his direction.

77. McGinty, clerk of a court of record, at the instance of Jones, knowingly makes a false entry on his records to the loss and damage of Robinson. What redress has Robinson?

78. To what extent, if at all, is a public officer personally liable upon contracts made by him in his official capacity? 79. Sheriff A, acting under a writ, fair upon its face, levies upon the property of B and disposes of the same at public vendue; the judgment having been obtained by fraud is

afterwards set aside upon motion of B. May B maintain an action against Sheriff A?

80. To what extent are members of legislative bodies personally liable, at law or in equity, to persons claiming to be injured by the enactments of such bodies?

81. (a) A has a claim against the state in which he lives for services rendered to such state; he brings an action against the state at common law. What defense, if any, ought the state to interpose? (b) Explain the doctrine of respondeat superior in so far as it applies to officials in public positions.

82. Jones is one of the fire marshals in the City of Chicago; in responding to a call he negligently runs upon and over Robinson; Robinson brings his action in tort against the city. May he recover?

83. An innkeeper receives a guest and affords him accommodations. The morning following the guest displays the symptoms of a contagious disease, which becomes known to the other guests of the inn, whereupon they seek other quarters. It develops that the guest had been exposed to contagion, had been examined by the health officer of the city in which the inn was located, and had been dismissed as safe. The innkeeper brings an action against the city health officer. May he maintain such an action? 84. Is a municipality liable for damages to an individual resulting solely from a mistake in the exercise of judgment on the part of one of its officers?

85. From your reading and consideration of the text and of the cases cited in support thereof, what do you determine to be the weight of authority with reference to the liability of municipal corporations for the tortious acts of their minor officials?

86. From the weight of authority do you find that any different rule has been applied in the federal courts from that which obtains in the state courts?

87. The legislative body proposes to pass an act which, it is claimed, is unconstitutional. May the person so claiming obtain judicial decision upon the constitutionality of this proposed act before it becomes a law?

88. To what extent will courts entertain proceedings to enjoin

the passing or enforcement of any particular law or ordinance?

89. State a case in which you would advise your client that he could maintain a bill to enjoin a municipality from the collection of taxes claimed by it to have been lawfully levied.

90. Explain the action of certiorari as applicable against public officers.

91. A sheriff having custody of a person refuses to release him upon proper evidence being presented that the person so in custody has given good and sufficient bail which has been accepted by the proper authority. What remedy has such person to obtain his release from custody? 92. (a) Under what circumstances will mandamus lie to compel the performance of acts purely judicial? (b) In general, what is the liability of the successor in office for the unlawful acts of his predecessor?

93. Define the writ of prohibition. State when, under what circumstances, and for what purposes it will be issued? 94. A justice of the peace is elected for a certain term of years and to serve until his successor is duly elected and qualified; at the expiration of his term of office no election is held; he still continues to administer his office. Will quo warranto lie to oust him?

95. A board of health consists of five members; one of them becomes insane, another dies. May the remaining three still exercise the functions of the board?

96. A is elected school trustee for a three-year term; the township, by vote, abolishes this office at the end of his second year. May A maintain an action to recover his salary for the remainder of his term?

97. Suppose an officer wrongfully neglects to perform the duties of his office to such an extent that the public suffers therefrom. What is the remedy?

98. Under what circumstances may an officer, having duly qualified and entered upon the duties of his office, become disqualified?

99. The President of the United States appoints Smith Secretary of the Interior; Congress concurs; Smith qualifies and enters upon the duties of his office; after some lapse

of time he becomes personally distasteful to the President who thereupon orders his removal from office and declares his office vacant. Is Smith bound to obey?

100. The mayor of a city appoints Jones fire marshal; the ordinance provides that a fire marshal shall hold his office for a term of two years; at the expiration of eighteen months the mayor arbitrarily orders Jones to quit his position and appoints another in his stead. Is Jones legally bound to step aside and allow such other to supersede him?

101. To whom or to what body, judicial or otherwise, is entrusted the duty of deciding upon the facts when it is sought to remove an officer for cause?

102. State whether it is within the power of those appointing an officer to suspend him, or whether they must declare his office vacant and appoint a new incumbent.

103. Where ought you to search to find the provisions governing the impeachment of public officers of high degree, as President, governor, etc.?

104. To what extent, if at all, do the provisions for recall of judges in force in several of the states, apply to the recall of other superior officers by referendum?

105. (a) Smith is duly elected secretary of state of the state of Illinois; he qualifies as such and enters upon the duties of his office; prior to the expiration of his term he desires to resign. How ought he to make his desire known and

to whom?

(b) May such resignation be shown by acts,

or must it necessarily be expressed?

106. Who has authority to accept the resignation of a public

officer, so as to determine his liability, upon his official

bond or otherwise, for his acts as such officer, and in what way must acceptance be shown?