ภาพหน้าหนังสือ
PDF
ePub

3. In what different forms has the theory of the Original Covenant been advanced? What reasons does Austin give for rejecting the theory?

4. Consider the relations of Might, Power, and Right, illustrating your answer by examples.

5. What is Title? What difficulties arise in connection with the extended use of the term, and what suggestions were made by Bentham with a view to their avoidance?

6. Distinguish between Custom and Customary Law. Do you consider that Austin's division of all law into Judiciary and Statute Law an exhaustive or correct division?

7. In what senses are the terms Dominium and Obligatio used? Distinguish clearly between Ownership and Servitude.

8. What is Status? In what respects does Austin's analysis of the term appear defective?

Consider whether the term is appropriately applied to a member of Parliament, an infant, a trustee, and an undischarged bankrupt.

9. Distinguish Sin, Civil Injury, and Crime. Should the distinction between Civil Injury and Crime be treated as one belonging to Substantive or to Adjective Law?

10. Account for the position of Constitutional Law and of Absolute Duties in Austin's Classification.

ROMAN LAW.

The Board of Examiners.

Candidates must not answer more than EIGHT questions.

1. What was the constitution of the Senate, the Comitia Centuriata, and the Comitia Tributa? In what departments of legislation were the Comitia Centuriata and Comitia Tributa respectively active?

2. Give a short account of the development of the Prætor's edict. In what senses was the expression "Edictum Perpetuum" used?

3. What were the main features of the patria potestas? How were the proprietary rights of the filius familias extended?

4. In what ways could a slave be manumitted? How might the position of the manumitted be affected by the mode of manumission?

5. What were the modes of acquiring ownership jure civili? What were the conditions necessary to the acquisition of ownership per usucapionem?

6. Define universitas juris, and illustrate its nature by examples.

7. What was the hereditas jacens? In what cases was usucapio pro herede possible?

8. What was the order of intestate succession as fixed by the 12 Tables and the Prætor respectively?

Gaius dies temp. Augustus, without sui heredes. Titius, his brother, pre-deceased him, having at the time of his death a son, Maevius, and a daughter, Titia, in his potestas. Neither Gaius nor Titius has suffered a capitis minutio. Who will be called to the inheritance by the Prætor, and under what designation?

9. Enumerate the legis actiones, mentioning the cases to which each appears to be applicable. What is the common view as to the effect of the leges Æbutia et duæ Juliæ ?

10. Describe the modes of commencing an action at the various periods of the Roman Law.

CONSTITUTIONAL AND LEGAL HISTORY. The Board of Examiners.

Candidates should not attempt more than SEVEN questions.

1. Describe any two of the principal administrative or legal changes introduced into England during the reign of William I.

2. Give an account of the development of the law of treason.

3. Explain the terms Concilium Ordinarium, Commune Concilium, and Concilium Magnatum. How far does any of them correspond with Parliament to-day?

4. How has the duration of Parliament and the Privy Council been affected by the demise of the Crown? What effect, if any, has such demise now? Does the demise of the Crown affect the Victorian Parliament or Executive Council?

5. In what cases is a Ministry entitled to demand a dissolution of Parliament? Is it ever constitutional for the Crown to dismiss a Ministry which has a majority in the House of Commons?

6. What were the tenures of land developed in England under the feudal system? Describe shortly the nature of each.

7. What is meant by an "Estate of the Realm"? What are the "Estates of the Realm" in England?

8. What provisions exist in England and Victoria for the trial of disputed election returns?

9. What are the qualifications for membership of the Legislative Council and Legislative Assembly in Victoria?

10. What is the position of a Governor in regard to (a) civil, (b) criminal, liability in the colony to which he is sent?

INTERNATIONAL LAW.

The Board of Examiners.

Candidates must not attempt more than SEVEN
questions.

1. What is a Semi-Sovereign State? position in International Law?

What is its

In 1854 Great Britain exercised a protectorate over the Ionian Isles. War was declared between Great Britain and Russia, and certain ships belonging to natives of the Isles, engaged in trade with Russia, were captured by British cruisers. Were they liable to condemnation?

2. When one State is formed from another by secession, what are the rules which, in the absence of treaty, determine the position of the two States in respect of property and contractual rights and liabilities?

3. Consider the different classes of treaties with reference to the effect of a subsequent outbreak of war between the contracting parties. Illustrate your answer by a reference to the circumstances of the British American Fisheries dispute.

4. What are the rights and duties of a military occupant of territory?

During a military occupation of enemy's territory the general in command, with the sanction

« ก่อนหน้าดำเนินการต่อ
 »