Assessment

I. 1. What is meant by the common law of England? In what sense is it said to be lex non scripta? From what sources is it derived, and how is it ascertained?

2. To what extent and in what cases are the laws of England in force in a colony independently of express legislative enactments? Are the Statutes of Mortmain in force in the colony of Victoria?

3. Where is the supreme legislative power vested in England and in Victoria?

4. What are the constituent parts of the Parliament of Victoria? Can it alter the provisions of the Constitution Act by its own authority?

5. State and illustrate by an example what particular points are to be considered in the interpretation of a statute.

6. In what cases is an Act of Parliament repealed by necessary implication? How is the effect of a repealing statute modified by the 15 Vict. No. 1?

7. Which is the Supreme Common Law Court in England, and when is its name derived?

8. State briefly the origin on the three Superior Courts of Common Law in England, and the general nature of their jurisdiction as first established.

9. What provision was made by the Act of Separation from New South Wales for the establishment of a Supreme Court in Victoria? By what Act was the Supreme Court subsequently constituted?

10. Into what heads may the jurisdiction of the Supreme Court be divided? In what respects is its ecclesiastical jurisdication more limited in its nature that that of the ecclesiastical courts in England?

11. What provisions are contained in the Constitution Act of Victoria for securing the independence of judges? When were similar provisions first enacted as regards the judges of the Superior Courts at Westminster?

12. What is the difference between an adjournment and a prorogation? How is Parliament prorogued?

13. How are the members of the Privy Council appointed? In what way is its appellate jurisdiction in colonial matters practically exercised? Has it any original judicial power in matters relating to the colonies?

14. What classes of persons are under the special protection of the Sovereign as parens patriae? By whom is this jurisdiction exercised in England and Victoria, and by what authority?

15. Explain the origin and nature of the writ of ne exeat regno. For what practical purpose is it now used?

16. How is the relation between husband and wife modified by courts of equity?

17. When is a master liable for damage caused by his servant's negligence?

18. Define a corporation, distinguising between a corporation aggregate and sole. Is it essential to a corporation aggregate that it should have a common seal?

(Candidates may select any nine of the above questions.)

II. 1. Give a concise definition of a contract, and state what is necessary to constitute an agreement.

2. State generally what simple contracts can, and what cannot, be made without writing.

3. Can a contract which the law requires to be in writing be totally rescinded without writing? Give your reason for your answer.

4. Can a contract which the law requries to be in writing be varied without writing? Give your reason for your answer.

5. If a contract made and to be performed abroad were put in suit in this colony, by the laws of which country would the Victorian Courts construe it?

6. If a contract made abroad, but to be performed in this colony, were put in suit here, by the laws of which country would the Victorian courts construe it?

7. What is the general nature of a contract of guarantee?

 8. What must appear on the fact of the guarantee to make it effectual?

9. A person promises an execution creditor to pay him the judgment debt in consideration of the discharge from custody of the execution debtor: is that a guarantee? Must it be in writing? Give the reason for your answer.

10. If a person who has given a guarantee is compelled to pay the debt guaranteed, has he any, and if any, what remedy against the original debtor?

11. If three or more persons jointly guarantee the debt of another, and one of such persons pays the whole debt, what is the liability of the other of such persons to be the one who thus pays? Is the liability the same at law and in equity?

12. If a person who accepts a bill of exchange for the accommodation of the drawer is compelled to pay it, what remedy has he against the drawer, and to what amount has he a claim?

13. what is requisite to be done by the indorsee and holder of a bill of exchange to enable him to sue the drawer or any previous endorsers?

14. What is a bill of lading?

15. If by a bill of lading goods were made deliverable to Brown or order, could Brown transfer his interest in the goods?

16. Could Brown in such a case transfer his interest in the contract?

17. Has any alternation been effected by the Legislature of this colony in the law relative to bills of lading?

18. What is a policy of insurance? State what are the usual kinds of insurance.

19. What is the meaning of 'interest' when used in connection with a policy of insurance?

20. If a shipowner insures his vessel and afterwards sells it, and the vessel is lost after the sale, what remedy has the purchaser against the Underwriters? Give your reason for your answer.

21. What is a charter party of affreightment?

22. What are the duties of a shipowner with reference to the ship and voyage arising out of such a contract?

23. What also are the duties of the charterer with respect to the cargo?

24. What is 'deviation', and what consequences flow from it with reference to a policy of insurance, bill of lading, and charter party of affreightment, respectively?

(Candidates may select any twelve of the above questions.)

THE CHANCELLOR'S EXHIBITION

1. In what manner must a will be attested?

2. How can it be revoked?

3. Explain the maxim: 'Falso demonstratio non nocet.'

4. If a testator dies leaving an executor, leasehold property for years vest in such executor. If the executor dies leaving an executor does it vest in the latter or in whom?

5. If such first-named executor dies intestate does it vest in his administrator or in whom?

6. If a landlord let property to a tenant from year to year, when and how can the tenancy be determined?

7. If a tenant holds premises without any fixed rent being agreed upon, what are the several remedies which the landlord has for its recovery?

8. If a testator devises land in fee simple to a married woman, what interest has her husband in it?

9. If a woman seized of an estate in fee simple marries what interest has her husband in it?

10. If a woman possessed of a leasehold estate for years marries what interest does her husband take in it?

11. If a woman having debts owing to her marries, and her husband dies before they are paid, leaving an executor, who is entitled to such debts?

12. State some of the distinctions between the doctrines of the Courts of Law and Equity, in respect of the rights of married women.