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Q. 6. Explain the following: (1) Adversus extraneos vitiosa possessio prodesse solet. (2) Incertam partem possidere nemo potest. (3) Plures eandem rem in solidum possidere non possunt.
Q. 7. Sketch the history of the dos. What were the rights and duties of a husband in respect of the dos in the time of Justinian?
Q. 8. Describe the varying policy of the Roman law in regard to restraints on the manumission of slaves.
Q. 9. What were the difficulties in the way of giving effect to the intentions of a testator by means of a testamentum? and explain historically how those difficulties
Q. 10. Explain and illustrate the degree of certainty required to make a valid legacy.
DIGEST AND HISTORY OF ROMAN LAW.
Q. 1. Examine the validity of the following pacta: (1) Post divortium convenit, ne tempore statuto dilationis dos reddatur, sed statim. (2) Si in tutelæ actione convenit, ut majores, quam statutæ sunt, usuræ præstentur. (3) Ut ex causa depositi omne periculum præstet. (4) Ne operis novi nunciationem exsequar.
Q. 2. Specify the ways in which contracts could be dissolved, and state with precision the effect of an exceptio pacti conventi.
Q. 3. Pacta conventa, quæ neque dolo malo, neque adversus leges, plebicita, senatusconsulta, edicta principum, neque quo fraus cui eorum fiat, facta erunt, servabo. Translate. Show in what way and with what results the prætor affected the law of contract.
Q. 4. State and illustrate the distinction between pacta in rem and pacta in personam?
Q. 5. Translate and answer the following: (1) Si pacto subjecta sit pœnæ stipulatio, queritur, utrum pacti exceptio locum habeat an ex stipulatu actio? (2) Si unus ex argentariis sociis cum debitore pactus sit, an etiam alteri noceat exceptio? (3) Qui pecuniam a servo stipulatus sit, quam sibi Titius debebat, si a Titio petat, an exceptione pacti conventi summoveri et possit et debeat, quia pactus videatur ne a Titio petat quæsitum est?
Q. 6. Imperatores Antoninus et Verus ita rescripserunt: Privatis pactionibus non dubium est, non lædi jus cæterorum. Quare transactione, quæ inter heredem et matrem defuncti facta est, neque testamentum rescissum videri posse, neque manumissis vel legatariis actiones suæ ademptæ. Quare quidquid ex testamento petunt, scriptum heredem convenire debent: qui in transactione hereditatis, aut cavit sibi pro oneribus hereditatis, aut si non cavit, non debet negligentiam suam ad alienam injuriam referre. Translate and comment.
Q. 7. Vult igitur oratio apud prætorem de istis quæri: in primis de causa transactionis; dein de modo; tertio, de persona transigentium. Translate and explain. Compare the use of causa and modus with its employment in other connections.
Q. 8. five an account of the Gregorian and Hermogenian codes.
Q. 9. Give an account of the legal literature produced during the half century after Justinian.
Q. 10. Summarize the chief points of Roman law in Bracton.
Q. 1. Lex est commune præceptum, virorum prudentium consultum, delictorum que sponte vel ignorantia contrahuntur coercitio, communis rei publicæ sponsio. (Dig. I, 3, 1.) Explain and criticise this definition, and compare it with any modern view of "law."
Q. 2. What objections have been taken by Mill to Austin's classification of law? Consider such objections.
Q. 3. Nihil commune habet proprietas cum possessione. Discuss this statement
and mention some of the views that are held as to the relation of possessio to title to property.
Q. 4. What are the constituents of English common law? Illustrate your answer by reference to the writings of Hale.
Q. 5. Compare the meanings of the terms res and obligatio as used by Austin and the Roman jurists, respectively.
Q. 6. Point out by reference to the writings of Maine the different causes that led to feudalism. Consider to what extent traçes of feudalism are to be found in modern English law.
Q. 7. "The mental functions of the brain may be described as threefold--intellectual, emotional, and volitional. No one can be said to be of sound mind unless all these functions are healthily performed." Explain and discuss this statement with reference to the criminal responsibility of the insane. What is the nature or degree of the insanity that in English law will exempt from punishment for an offense? Q. 8. Compare the English judicial system as it existed in the time of Henry II
with that now in force.
Q. 9. "It is with government as with medicine-its only business is the choice of evils." Explain what Bentham meant by this statement, and give his analysis of political good and evil.
Q. 10. By what principles ought a state to be guided in framing its marriage laws, as to (a) what persons shall be allowed to marry, (b) the conditions of the marriage, and (c) permitting divorce?
Q. 1. Compare the state system of Europe as it existed after the peace of Westphalia with the state system as it exists at the present day and point out the chief causes of the changes that have occurred in the interval.
Q. 2. Give an account of the early maritime codes and state the modern practice on some of the international rules found in such codes.
Q. 3. State the chief rules relating to the transfer of ships or their cargoes from the belligerent flag to the neutral flag in anticipation of or during a war.
Q. 4. Discuss the effect of a war upon contracts between subjects of the belligerent states and upon debts due from one belligerent state to the subjects of the other state. Give an account of the controversy regarding the Silesian loan.
Q. 5. What restrictions are belligerents under as regards the manner in which a war is to be carried on? State the rules laid down by the Brussels Conference on this subject.
Q. 6. Explain the nature of the blockade recently established by the great powers against Greece, and discuss its legality. Give some instances of similar blockades.
Q. 7. Consider what amounts to contraband of war from the point of view of (a) treaties; (b) text writers; and (c) decisions of prize courts.
Q. 8. "Domicile was unknown in old English law as the foundation of jurisdiction, and has not even now been made the foundation of English jurisdiction on obligations." Explain this statement, and trace the historical development of domicile in English law. What are the chief criteria of intention as regards domicile?
Q. 9. Give an account of the chief sources of private international law, and point out how some of its rules have been influenced by the doctrine of nationality.
Q. 10. State the circumstances under which an English court will give damages for a tort committed abroad. A British vessel comes into collision with an American vessel, and proceedings are taken in England by the owners of the British vessel against the owners of the American vessel. For the defense it is pleaded (1) that the vessel was in charge of a pilot; (2) that the English vessel violated the English rule of the road, and in addition (3) the British limitation of liability is claimed. Consider the legal effect of these defenses, distinguishing according as the collision occurred (4) within, (b) beyond three miles from the English coast.
LEGAL EDUCATION IN CANADA, AUSTRALIA, SPANISH
AMERICA, JAPAN, AND CHINA.
The information at hand concerning legal education in the autonomous colonies of Great Britain and in the South and Central American republics, as well as in Asiatic countries, is meager, if compared with the exhaustive statements on that subject from the United States and England, France, and other European countries.
The replies received from these countries were few and incomplete, hence resort was had to printed information contained in annual reports and university catalogues. The fact that the colonies of England to a great extent copy the institutions, modes of procedure, and technical terms of the mother country enables the reader to supply much by inference which it is impossible to state authoritatively. A few essential differences are stated in the following pages.
(1) Victoria University.-Law Department, Cobourg, Canada; Wm. Kerr, dean. Eleven examiners, 21 students. Course consists of 4 years of about 7 months each.
First year's studies: Cicero, Catilinam, I-IV, Horace, Demosthenes, Homer, Hallam’s Middle Ages, Blackstone's Commentaries, Vols. I and 11; history of philosophy, moral philosophy, Ferrier's History of Greek philosophy, Corneille, Cinna, Moliére, Les Precienses Ridicules, Roche, Prosateurs Français, XVIII Century.
Second year: Cicero de Officiis, Book 1, Aristotle's Ethics, book 1, political economy, Racine Les Plaideurs, Montesquieu L'Espirit des Lois, Blackstone's Commentaries, Vol. II, logic, psychology, constitutional history of England, Millon Utilitarianism, Green’s Prolegomena to Ethics.
Third year: Mercantile law, common law, real property, equity jurisprudence, Justinian Institutes, statutes relating to the constitution of Canada, constitution of Canada, theory of morals and legislation.
Fourth year: Evidence, contracts, Story's Conflict of Laws, Blackstone's Commentaries, Vol. iv, Canadian statutes relating to the administration of justice and criminal law, elements of jurisprudence.
(2) Law School of the Law Society of Upper Canada, Osgoode IIall, Toronto; W. A. Reeve, principal. Four instructors. School year extends from October to May, with holiday vacation, about 28 weeks.
The course is divided into three years, as follows:
Second year: Criminal law, real property, personal property, contracts and torts, equity, evidence, practice and procedure, statute law.
Third year: Contracts, real property, criminal law, equity, torts, evidence, commercial law, private international law, practice and procedure, statute law. See note to Chapter XIII, page 376.
In order to be admitted the student is required to pass the matriculate examination of some university in the Province of Ontario. Sixteen is the required age. Method of instruction is by lectures, oral and written examinations, and moot courts.
(3) University of Toronto, Canada, Law Department; Sir Daniel Wilson, president. Twelve instructors. The scholastic year is divided into two terms, from October 1 to December 23 and from January 2 to May 31, respectively. The course extends over 4 years, as follows:
First year: Elementary economies, English constitutional history.
Second year: History and criticism of economic theory, history of English law, jurisprudence, English and colonial constitutional law, criminal jurisprudence.
Third year: Economic history, political philosophy, Roman law, federal constitutional law, international law.
Fourth year: Conflict of laws, jurisprudence, commercial and maritime law, general jurisprudence, municipal institutions. Lectures. Oral and written examinations are in vogue.
(4) Queen's College and University, Law Department, Kingston, Canada; Sanford Fleming, principal and vice-chancellor; Very Rev. George Monro Grant, vice-principal Six instructors, 3 students. School year extends from October to April, about 28 weeks.
The course of study is not given in catalogue, but it refers to the conditions for acquiring the degree of LL. B., as follows: 1. Undergraduates who are taking the honor course of the university in history and political science may, after completing that course, proceed to the degree of LL. B. by passing on the following works: Dicey's Law of the Constitution, Harris's Principals of Criminal Law, Hardcastle on Statutes, Westlake's Private International Law, Wheaton's International Law, Justinian's Institutes (Sandars). 2. Graduates will be allowed any subjects in the above course which they may have already passed in arts. 3. Barristers at law or persons who may have been admitted as students at law by the Law Society of Upper Canada, and have passed their second intermediate examination, will be admitted to the degree by passing on the honor course of the university in history and political science, together with the works specified in section 1. 4. Graduates of this or any recognized university, being barristers at law, will be admitted to the degree by passing on the following works, in addition to those specified in section 1: Bourinot's Manual of Constitutional History of Canada; Bryce's American Commonwealth, Vol. 1, Bagehot's English Constitution, Gneist's History of the English Constitution, Holland's Elements of Jurisprudence, Maine's Ancient Law.
(5) University of Laval, law department, Ulric-Joseph Tessier, Quebec, Canada, Louis A. Jette, Montreal, Canada, deans. Twenty instructors, 42 students. Three scholastic years constitute the course, 9 months in a year.
Studies for the course are: Roman law, 210 lessons, 1 year; civil law, 630 lessons, 3 years; civil procedure, 144 lessons, 2 years; commercial law and admiralty law, 109 lessons, 1 year; criminal law, 108 lessons, 1 year; administrative law, 150 lessons, 3 years; international law, 30 lessons, 3 years. In order to enter the course an examination in the following studies is required: French, English, Latin, Greek, history, geography, literature (rhetoric), mathematics (arithmetic, algebra, geometry, trigonometry), astronomy, physics, chemistry, mineralogy, geology, botany, mental and moral philosophy.
No limit as to age exists, but the law fixes the age for admission to the bar at 21. The following degrees are conferred: Bachelor, licentiate, and doctor. Women are not admitted to the practice of law. After one year of practical work in some office after graduating, the candidate is admitted to the provincial bar examination.
(6) McGill University, law department, Montreal, Canada, N. W. Trenholme, dean. Eleven instructors, 18 students. Three years constitute the course; the year is he second
led into two terms; the first term extends from October to Jan ary to the latter part of April.