EXAM

Question 1

Law in Australia is derived from:

Answer 1

Act of the Parliament of Westminster

Question 2

How did the Federation of Australia come about?

Answer 2

In 1901, the colonies of Tasmania, NSW, Queensland, Victoria, South Australia and Western Australia formed a union called Australia

Question 3

The Australian Constitution specifies the Division of Powers which means:

Answer 3

Powers to pass laws are divided between the three levels of government

Question 4

Items in the constitution can be changed through:

Answer 4

a referendum which requires a majority of people voting for the change

Question 5

What is the purpose of the Federal Courts system?

Answer 5

To adjudicate on Federal Laws

Question 6

Federal Laws only apply to

Answer 6

All states and territories of the Commonwealth of Australia

Question 7

The Federal Circuit Court of Australia is concerned with:

Answer 7

matters similar to a state magistrates court

Question 8

The Federal Court of Australia hears matters such as ;

Answer 8

• civil disputes
• industrial matters
• commercial and immigration matters
• native title claims

Question 9

The Supreme Court of the ACT (Canberra) hears cases concerning:

Answer 9

cases similar to a state county and supreme court jurisdiction

Question 10

Family Court of Australia deals with cases:

Answer 10

to do with a range of family law matters

Question 11

Chief guiding principle of the Family Court is to:

Answer 11

• Being modern, innovative courts leading change
• Using dispute resolution to reduce costs, delay and emotional stress
• Providing parties with information that they can separate smarter
• Placing an emphasis on our response to family violence and risk to children
• Ensuring we have the expertise and resources to deliver initiatives

Question 12

The High Court of Australia is:

Answer 12

only answerable to the Constitution

Question 13

The High Court hears matters from:

Answer 13

federal and states courts

Question 14

Criminal Law’s purpose is to:

Answer 14

promote social cohesion by codifying rules of behaviour for everyone to follow

Question 15

A person breaking a criminal law may experience as a result:

Answer 15

• having a sanction imposed on them
• having a penalty imposed upon them

Question 16

Summary Offences are:

Answer 16

minor matters dealt with in a magistrates court

Question 17

Indictable offences are heard by:

Answer 17

the County or Supreme Court and sometimes the magistrates court

Question 18

A crime against the person might be:

Answer 18

assault

Question 19

Criminal charges are laid by the state because:

Answer 19

social cohesion is enhanced by having the state prosecute criminal wrong doing rather than individuals taking the law into their own hands

Question 20

Presumption of innocence means:

Answer 20

that an accused person is to be considered innocent until proven guilty by a court process.

Question 21

The burden of proof in a criminal matter is:

Answer 21

beyond reasonable doubt

Question 22

The standard of proof in a criminal matter:

Answer 22

rests with the state prosecution to provide the evidence

Question 23

The standard of proof and burden of proof in a civil matter:

Answer 23

rests with the plaintiff to provide the evidence and prove the case

Question 24

Purpose of civil law is:

Answer 24

• protect the rights of the individual
• provide a remedy for the plaintiff

Question 25

A civil law example of nuisance is:

Answer 25

Playing your stereo very loudly late at night

Question 26

Contract law deals with:

Answer 26

Contracts in writing and oral contracts

Question 27

A contract becomes binding when:

Answer 27

• the buyer accepts the price on offer from the seller
• the seller accepts a counter offer from a buyer
• the consumer accepts the quote from a service provider

Question 28

The Fairwork Commission covers all employment matters:

Answer 28

for all Australian workers except those working for a state administrative body

Question 29

Dismissal from the workplace likely occurs when:

Answer 29

• there are several minor breaches of behaviour over the space of a month with a warning issued
• there is a fairly serious breach of behaviour in the workplace

Question 30

A resignation occurs when:

Answer 30

a worker indicates their wish to leave the workplace in writing

Question 31

A redundancy occurs when:

Answer 31

• there is no work available for someone to do
• technological change demands that a particular occupation is no longer needed