3. The Act of Union between England and Ireland contained a provision that the Irish Church was to last for ever. How was it, that notwithstanding this, the Irish Church was disestablished? 4. Explain and illustrate the distinction between the states of mind known as intention, negligence, heedlessness, and rashness. 5. What is Savigny's analysis of a contract? State which, if any, of the following cases would be contracts within that analysis, giving the reasons for your answers. (a) An invitation to dinner given and accepted. (b) An offer to sell a stack of hay at a certain price made and accepted. (c) An offer to give a voter £10 to vote for a particular candidate made and accepted. 6. What did the Roman lawyers mean by jus gentium, and how did that term come to be regarded as equivalent to jus naturale? 7. Explain the division of law into jus personarum and jus rerum. 8. Explain what are meant by absolute duties, giving illustrations. What, according to Austin, are the principal classes of absolute duties? 9. Criticise the following passage: "Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of actions. And it is that rule of action which is prescribed by some superior, and which the inferior is bound to obey." 10. How is a sovereign defined by Austin? ROMAN LAW. The Board of Examiners. 1. What were the principal sources of Roman private law? 2. Give some account of the patria potestas. did it arise, and how was it terminated? How 3. Trace the influence of the gens on the Constitution of Rome. 4. What were the modes of acquiring things in nostro patrimonio, both by the jus naturale and the jus civile? 5. Translate "Modo videamus de rebus, quæ vel in nostro patrimonio vel extra nostrum patrimonium habentur. Quædam enim naturali jure communia sunt omnium, quædam publica, quædam universitatis, quædam nullius, pleraque singulorum, quæ variis ex causis cuique adquiruntur." Explain the words printed in italics. 6. Give a sketch of the law as to the making of wills from the time of the Twelve Tables to Justinian. 7. Sketch, historically, the law restricting the testator's power of disposal of his property. 8. Explain the terms and describe the procedure in vindicatio and condictio. 9. What is meant by usucapio? What was its effect when a buyer purchased a res mancipi by means other than mancipatio or in jure cessio? 10. Describe real contracts, and the procedure for enforcing them. 11. Under what circumstances would the Prætor give possession (1) secundum tabulas testamenti and (2) contra tabulas? CONSTITUTIONAL AND LEGAL HISTORY. The Board of Examiners. 1. What was the date of, and in what way does the Council of Salisbury mark, the commencement of English Feudalism? 2. When was the omission of the article in the Great Charter of King John, "No escuage or aid shall be imposed in our Kingdom unless by the general council of our Kingdom, except &c." restored or rather a full equivalent provision enacted? 3. What are the principal legislative measures affecting constitutional rights indicated by the following references ? (a) 9 Hen. III. (b) 25 Ed. I. (c) 25 Ed. III. (d) 9 Hen. IV. (g) 1 Wm. & M. St. 2 c. 2. (h) 12 & 13 Will. III. c. 2. 4. When and in what case was it determined that a Peerage is inalienable; and when and in what case was the descendible nature of a Peerage created by writ finally established? 5. In what manner, and to what extent, is the exclusively hereditary character of a seat in the House of Lords affected by the Acts of Union with Scotland and Ireland? 6. What was the last instance of any members of the Privy Council not summoned attending a council meeting, and exercising thereat their rights as Privy Councillors? 7. What was the last case of Impeachment? When did it take place, and with what result? 8. In what essential respect do the English Reform Acts of 1884-5 (The Representation of the People Act 1884, and The Redistribution of Seats Act 1885) depart from the earlier principles of representation and from the principles of the Reform Act 1832? 9. What are the present received principles upon which the Crown should be guided in granting or refusing a dissolution of Parliament to the Ministry? 10. What was the main principle established by the Act 36 Geo. 3 c. 60" Fox's Libel Act"]. 11. What statutory changes in the law of property in land ("Real Property") are indicated by the following references? (a) 13 Ed. I. c. 1. (b) 18 Ed. I. c. 1. (e) 12 Ch. II. c. 24. 12. When and by what Act has the principle of the Administration of Legal and Equitable Rights in one and the same action been established in the Supreme Court of Victoria? INTERNATIONAL LAW. The Board of Examiners. Wherever possible, give reasons for your answer. 1. State any qualifications of the rule that all indications of national opinion with reference to International Law are, except in so far as their |