« ΠροηγούμενηΣυνέχεια »
4. What is the test of Positive Law ? Mention
some of the classes of rules related by analogy
or resemblance to Positive Law. 5. Compare the servitudes of the Roman Law with
the easements of English Law. 6. What is a Person in the law ? How does a
juristic person act ? 7. “A sovereign body has no rights and is subject to
no duties.” Explain this statement. 8. What are " titles” ? What suggestions were
made by Bentham for avoiding the ambiguity of the term ?
9. How does Austin distinguish General from Par
ticular Jurisprudence ? 10. What schemes have been adopted for giving
security for debt?
Candidates must not answer more than EIGHT
1. Describe the incidents of patria potestas. To what
extent had filius familias rights of property under
the later law ? 2. Classify servitudes, showing the marks of the
classes where the classification has legal signifi
3. What is mancipatio fiduciæ causa? What part
was played by fiducia in the early stages of the development of the law ?
4. What are the innominate contracts re? What is
the liability of Gaius in the following cases ?(a) Titius repairs the house of Gaius on condition
that Gaius shall repair the house of Titius. (6) Titius agrees to repair the house of Gaius on
condition that Gaius shall repair the house of Titius.
5. Enumerate the classes of persons eligible for
succession on the death of a free-born citizen intestate (a) by the jus civile; (b) by the edictum prætoris; (c) by the legislation of Justinian.
6. What is meant by saying that bona fides is a
necessary condition for usucapio ? What is usucapio pro herede ?
7. What are rescripta, decreta, epistolæ, edicta ?
Consider the force of each during the Empire as a source of law.
8. Describe the steps by which the rights of citizen
ship were extended to the subjects of the Empire.
9. Describe the different forms of will which are to
be referred to the jus civile and the edictum prætoris respectively. What was the testamentum tripertitum ?
10. What was infamia, and what were its principal
CONSTITUTIONAL AND LEGAL HISTORY.
The Board of Examiners.
Candidates must not answer more than SEVEN
1. What are Flexible and Rigid Constitutions ? Con
sider the use of the terms constitutional and unconstitutional in reference to English and Victorian Government.
2. What is the meaning of the maxim “ The King
can do no wrong”? What is the nature of the remedy against the Crown, and in what cases does it exist ?
3. What is the lex et consuetudo Parliamenti ? What
is the common law doctrine concerning its application to Colonial Legislatures? How has the common law doctrine been affected by Statute in regard to Victoria ?
4. Enumerate the principal prerogatives of the Crown.
Can a Colonial Statute affect the prerogative of the Crown?
5. State briefly the rules concerning the application of
Imperial Statutes in the Colonies.
6. What is the position of the judiciary in England
and in Victoria in regard to tenure of office ? What was the nature of the struggle between the Crown and the Courts in the reign of James I.?
7. What was the Act for the Indemnity of the Lords
and Commons ? Mention any important cases in which the House of Commons has proceeded by resolution.
8. What is meant by the statement that occupation of
unsettled lands gives no title against the Crown? 9. Write a short note on each of the following sub
(a) The right of personal freedom.
The Board of Escaminers.
Candidates must not answer more than EIGHT
1. In the case of an unsuccessful revolt, what is the
position of the restored government in respect of the property and the contractual rights and obligations of the rebel government ?
2. What is meant by the three-mile limit? How
is it reckoned, and what is the attitude of jurists in regard to it?
3. What immunities are enjoyed by public armed 4. Consider the following cases (a) The X is carrying a full cargo of contraband,
and is captured. What will the condemnation of the Prize Court carry ? What will be the position of the owners in respect of the contract of affreightment and the insurance of their
vessel ? (6) There is a war between Great Britain and
Spain, and Holland and Spain. A Dutch vessel is found by an English vessel of war to be engaged in commerce with Spain. Consider the predicament of the Dutchman according as England and Holland are or are not formally allies
in the war. 5. What are the modes of enforcing foreign judg
ments in Victoria ? 6. What are the principal cases in which the law
refers to the domicile of a person ? On what does jurisdiction for divorce depend in Victoria ?
7. A dies domiciled in Victoria, with property and
liabilities in Victoria, South Australia, and New South Wales. How should his estate be administered, and where ?
8. X, a debtor domiciled in New South Wales, be
comes bankrupt there, and obtains his discharge. Then Y brings an action against X in the Victorian Courts on a contract entered into before the date of the insolvency. X pleads his discharge. What is your opinion as to the sufficiency of the plea and the soundness of the defence? Would it be a material fact that Y proved in the N.S.W. insolvency?