JURISPRUDENCE.

The Board of Examiners.

PASS AND FIRST HONOURS PAPER.

Candidates should answer not more than EIGHT questions, and if questions 9 and 10 are included not more than SEVEN.

1. Consider the different meanings of Person and Thing in the Law.

2. Discuss the value of Possession as a legal institution.

3. What is the place of intention in tortious and contractual liability?

4. State the principal heads of the Law in a classification based on Duties.

5. Consider carefully the nature of Judiciary Law. The enactment of the Legislative Council of New South Wales used to be submitted to the Supreme Court for an opinion as to their validity. What was the character of the interpretation given?

6. What reasons are there for and against the inclusion of English Criminal Law and Procedure in Public Law?

7. What is the meaning and value of the remark that " an established sovereign government in respect of the positive law of its own independent community is neither lawful nor unlawful"?

8. What has been the influence of the progress of civilisation upon the importance of different

branches of the law?

9. State and account for the difference between the English and German schools of Jurisprudence.

10. Write a short note on the services of Bentham, Austin, and Maine to the study of the law.

ROMAN LAW.

The Board of Examiners.

Candidates must not answer more than EIGHT
questions.

1. Distinguish between Dominium ex jure Quiritium and Possessio in bonis.

2. What are the characteristics of Obligatio?

3. Explain the following passage :

Idem juris est si quis quasi credendi causa pecuniam stipulatus fuerit neque numeravit. eam pecuniam a te petere posse eum certum est; dare enim te oportet, cum ex stipulatu tenearis : sed quia iniquum est eo nomine te condemnari, placet exceptione pecuniae non numeratae te defendi debere, cujus tempora nos, secundum quod jam superioribus libris scriptum est, con

stitutione nostra coartavimus.

4. In what cases could a woman claim to share in the inheritance of her husband?

5. Give an account of the introduction and final prevalence of the Cognitio Extraordinaria.

6. To what extent do dolus and culpa enter into delict?

7. Give an account of the development of criminal law and procedure at Rome.

8. What were the organs of direct legislation, and how did they affect the development of the law?

9. What were the objects of adoption? How was the law altered by Justinian?

10. What were the various kinds of peculium, and what rights were enjoyed therein?

CONSTITUTIONAL AND LEGAL HISTORY.
The Board of Examiners.

Candidates must not answer more than EIGHT
questions.

1. Explain Prerogative and Privilege. Consider the attitude of the Courts of Law towards each.

2. "The House of Commons is the House not of the commonalty but of the communities." Explain this statement, and consider how far it truly describes the House as constituted at present.

3. In what sense may we speak of the fundamental rights of Englishmen?

4. What is meant by a political executive? Is such an executive necessarily a parliamentary executive?

5. In what respect does the Victorian Parliament differ in the character of its powers from (a) the Imperial Parliament, (b) a corporation?

6. Write a short history of judicial tenure in England. Consider how far the position of the English judges in relation to Parliament warrants the adoption of the English rules of tenure in the Colonies.

7. What were the questions decided in Stevenson v. Reg. (2 W.W. and a'B.), Alcock v. Fergie (4 W.W. and a'B.), Taylor v. Barton (App. Čas.)?

8. Explain the expressions "Suspension of the Habeas Corpus Act," "Reading the Riot Act."

9. What is "Local Government"? Give a brief account of the existing system of local government in Victoria.

10. Write a short note on the publication of Parliamentary proceedings.

INTERNATIONAL LAW.

The Board of Examiners.

Candidates must not answer more than SEVEN questions.

1. (a) A, a British subject residing in Athens, suffers damage by reason of riots there. What is his position and the position of the British Government in regard to any claim for compensation? (b) B, a British officer acting in Canada, in the course of military operations arising out of a disturbance, violates the territory of the United States; the troops under his command come into conflict with the local authorities, and an American citizen is slain. Some time afterwards B is in the State of New York, and is put upon his trial for murder. The British Government have assumed complete responsibility for B's act, and therefore claim his discharge. The Government of the United States answer that under their laws the State has power to try the defendant, and the Federal Government cannot interfere with the course of the law. Consider what objections may be made to the British claim and the American answer.

2. Consider the grounds of the intervention of the European Powers in Crete.

3. Give a brief account of the Naturalization laws in Victoria. What is the effect of naturalization in the colonies?