2. In an action for deceit, what facts must the plaintiff prove to establish a prima facie case? 3. Distinguish between public and private nuisances. Under what circumstances may a private individual sue for damages for a public nuisance? What is the ordinary remedy in the latter class of nuisance? 4. What is the meaning of the expression, "privileged occasion in actions for defamation"? Distinguish between and illustrate "absolute" and "qualified" privilege. 5. What are the respective functions of the judge and of the jury in actions (1) for libel, and (2) for malicious prosecution? 6. Define an "assault," and in what respects does it differ from a "battery"? Mention the principal cases in which an assault is justifiable. 7. How far is a master liable for (1) the fraud, and (2) the negligence of his servant? 8. Explain the policy of the law in connection with the law of libel in respect of (1) its civil, and (2) its criminal jurisdiction. Discuss the question of "truth" as a defence in each jurisdiction. 9. State shortly the objects and effect of the Employers' Liability Act. 10. What is the crime "embezzlement," and how does it differ from "larceny " at common law? 11. When a man kills another, the presumption is that he has murdered him. What must be proved on behalf of the accused person to reduce the crime to manslaughter, or to obtain a verdict of insanity? 12. Define the crimes of Arson, Burglary, and Obtaining Valuables under False Pretences. THE DOCTRINES OF EQUITY AND THE PRINCIPLES OF THE LAW OF PROCEDURE. The Board of Examiners. 1. Explain the maxim-" De fide et officio judicis non recipitur quæstio, sed de scientia sive sit error juris sive facti. 2. What is the effect of the Judicature Act upon the distinction between Legal and Equitable Rights? (a) As the Act affects the Rights themselves? (b) As the Act affects the mode of administering the two classes of rights? 3. Statement of claims.-In what cases is the delivery of a statement of claim (a) Prohibited? (b) Mandatory, i.e. required to be delivered or filed? (c) Optional? 4. Defence. What is the effect of the Judicature Act upon the former system under which pleas of "not guilty," "non-assumpsit," "nunquam indebitatus" non est factum" were allowed? 99 66 5. What is the distinction between "a defence" and "a counter claim?" 6. What matters may be the subject of a counter claim against the Plaintiff alone; and what matters against the Plaintiff and a third party not being a party in the action? 7. Trial by jury.-In what classes of actions have the parties, at the will of either, a right to have the cause tried with a jury? and What are the rules as to trials with or without a jury in other classes of cases-distinguishing the different classes of cases? 8. Evidence.-In what respect and to what extent has the law which provided that no person accused of any indictable offence, or any offence punishable upon summary conviction, or the husband or the wife of the accused should be competent or compellable to give evidence, been altered by Part VI. of the Crimes Act 1891? 9. What is the present statutory provision [Part II. of the Oaths and Evidence Act 1890] which regulates the admission or rejection by the Judge of questions which may be put to a witness in cross-examination ? 10. What is the distinction between "secondary" and "second-hand," or "hearsay evidence ?" 11. What are the exceptions to the general rule that "second-hand or hearsay evidence" is not admissible? 12. What is the distinction between "exemplary" or "punitive" and "penal" damages? SURVEYING, LEVELLING, MENSURATION, AND DRAWING. FIRST PAPer. The Board of Examiners. 1. Describe fully the adjustments of the transit theodolite. Should the horizontal axis not be at right angles to the vertical axis, what precautions are necessary in measuring angles in azimuth? What error results from eccentricity of the vertical axis, and how can it be eliminated when measuring angles? 2. Describe fully the adjustments of the ordinary type of dumpy level. |