Multiple choice Flashcards
Which of the following is the basis of the Australian Legal system?
(A) English common law
(B) English treaty law
(C) International law
(D) European law
(A) English common law
Which of the following are characteristics of Aboriginal and Torres Strait Islander
Peoples’ customary laws? ·
(A) Spiritual basis and prisons
(B) Mediation and property ownership
(C) Significance of land and oral traditions
(D) Ritual traditions and insignificance of land
(C) Significance of land and oral traditions
The Commonwealth parliament legislates with regard to quarantine. It is able to do this
because of which of the following?
(A) Electoral powers
(B) The Division of Powers
(C) External affairs powers
(D) The Separation of Powers
(B) The Division of Powers
The International Criminal Court (ICC) has jurisdiction over which of the following
crimes?
(A) Piracy
(B) Sedition
(C) People trafficking
(D) Crimes against humanity
(D) Crimes against humanity
John, an employee with the Department of immigration, participates in an anti-government
demonstration and is dismissed by his employer. Which legal process has the employer
failed to follow? ·
(A) Prosecution guidelines
(B) Administrative appeal
(C) Procedural fairness
(D) Rule of law
(C) Procedural fairness
State sovereignty can best be described as:
(A) A nation-state with a monarch as head of state.
(B) The power of the United Nations to compel a nation state to sign a treaty
(C) The right of the states and territories of Australia to have their own parliament
(D) The right of a nation-state to decide how to govern itself, free from outside interference
(D) The right of a nation-state to decide how to govern itself, free from outside interference
Which court is the final court of appeal for a civil case that begins in the Local Court?
(A) The High Court
(B) The Supreme Court
(C) Court of Criminal Appeal
(D) Federal Magistrates’ Court
(A) The High Court
In the case of Condie v Laurence [2013] NSWSC 56, who is Condie?
(A) The defendant
(B) The plaintiff
(C) The respondent
(D) The prosecution
(B) The plaintiff
What court was Condie v Laurence [2013] NSWSC 56 heard in?
(A) The High Court
(B) The Supreme Court
(C) The Court of Criminal Appeal
(D) The Federal Magistrates ‘ Court
(B) The Supreme Court
The upper house of the Australian parliament is sometimes referred to as the:
(A) Superior House
(B) People’s House
(C) House of Review
(D) Elector’s House
(C) House of Review
Jane and Michael hire a builder to build their house. The builder leaves after two weeks and never returns. What type of law can Jane and Michael use to force the builder to
complete their house?
(A) Administrative
(B) Criminal
(C) Contract
(D) Tort
(C) Contract
Which of the following best describes a criminal trial in the adversarial system?
(A) A panel of judges decides the verdict after a prosecutor puts the case forward against the accused
(B) A judge decides the verdict after a prosecutor puts the case forward against the accused
(C) A jury decides a sentence after a prosecutor and a defence lawyer argue the case
(D) A jury decides the verdict after a prosecutor and a defence lawyer argue the case.
(D) A jury decides the verdict after a prosecutor and a defence lawyer argue the case.
Which of the following organs of the United Nations is responsible for enforcing international law?
(A) The General Assembly
(B) The International Court of Justice
(C) The Security Council
(D) The UN Secretariat
(C) The Security Council
Failure to exercise a duty of care would be considered to be part of which tort?
(A) Nuisance
(B) Trespass
(C) Negligence
(D) Defamation
(C) Negligence
The current political situation in Somalia could best be described as:
(A) Anarchy
(B) Democracy
(C) Dictatorship
(D) Theocracy
(A) Anarchy
Morgan is a member of “Ban Live Animal exports” and speaks regularly to the media, politicians,
university students and other groups about the cruel practices used in slaughter yards.
This lobby group is engaged in which of the following?
(A) Raising community support in an effort to encourage
law reform
(B) Actively encouraging people to vote against the
government
(C) Attempting to destroy the farming industry
(D) Encouraging the spread of vegetarianism
(A) Raising community support in an effort to encourage
law reform
Which of the following is not an agency of law reform?
(A) The media
(B) Parliament
(C) The NSW Law Reform Commission
(D) A Royal Commission
(B) Parliament
What is the name given to the system of trial in which a judge takes an active role in determining the facts of the case?
(A) Procedural
(B) Adversarial
(C) Inquisitorial
(D) Westminster
(C) Inquisitorial
In the case of Lumley v Wagner (1852), Lumley was granted an injunction. What is an injunction?
(A) An order to pay an amount of money
(B) An order to stop the performance of a certain act
(C) An order to change a contract between two parties
(D) An order to have a dispute settled by a trial with a jury
(B) An order to stop the performance of a certain act
The Anti-Terrorism (Amendment) Act 2005 (Cth) is an example of which of the following?
(A) International law
(B) Customary law
(C) Common law
(D) Statute law
Standing up when the national anthem is played is an example of which of the following?
(A) A custom
(B) A legal obligation
(C) The recognition of precedent
(D) An international legal obligation
Which main body of the United Nations has control over the United Nations peacekeeping forces?
(A) The Secretariat
(B) The Security Council
(C) The General Assembly
(D) The Special Military Operations Branch
Following an argument about the song ‘Call me Maybe ‘, Leporello was punched in the face by his neighbour Don Giovanni. As a consequence, he was required to miss a week of work and undergo significant and expensive dental treatment. The total bill for Leporello was $73,000.
Which of the following courts would hear Leporello ‘s case?
(A) The High Court of Australia
(B) The District Court
(C) The Local Court
(D) The Federal Court
Following an argument about the song ‘Call me Maybe ‘, Leporello was punched in the face by his neighbour Don Giovanni. As a consequence, he was required to miss a week of work and undergo significant and expensive dental treatment. The total bill for Leporello was $73,000.
What type of law would be used to decide Leporello’s claim for damages?
(A) Contract law
(B) Family law
(C) Tort law
(D) Civil law
Which of the following is correct of Aboriginal customary law?
(A) It is not enforceable
(B) It is based on ritual and oral traditions
(C) It has no relevance to contemporary Australian law
(D) All indigenous Australian customary laws are the same
The NSW Supreme Court in the case of R v Traviata [2012] NSWSC 23 set a precedent in a criminal case. Which of the following courts must follow the precedent?
(A) The District Court
(B) The NSW Court of Criminal Appeal
(C) The Supreme Court
(D) The High Court
Figaro applies to the Federal Minister for Agriculture and Fisheries, Susanna, for a fi shing licence.
Susanna knocks back Figaro’s application based on a rumour that Figaro is illegally obtaining abalone in Jervis Bay.
The events in the above scenario are an example of:
(A)” Judicial decision making
(B) A breach of natural justice
(C) Allegedly corrupt behaviour
(D) A breach of the rule of law
The Federal Government wishes to change the Constitution. Which of the following would allow this change?
(A) A United Nations Resolution supporting the change
(B) A unanimous High Court decision supporting the
change
(C) A referendum in which a majority of States and a
majority of people support the change
(D) The passing of legislation by Federal, State and Territory
parliaments supporting the change
Common law was developed by which of the following?
(A) The Chancellor’s Court
(B) Common people taking matters to court
(C) The House of Commons in England
(D) Judges recording decisions in cases
The Commonwealth Government has responsibility for immigration under section 51 of the Constitution. This is an example of what?
(A) Commonwealth sovereignty
(B) The separation of powers
(C) State sovereignty
(D) The division of powers
An international treaty states that all children are entitled to free medical care until the age of 18. When would this treaty come into effect in Australia?
(A) When the United Nations votes in favour of it
(B) When Australia enacts it in domestic legislation
(C) When all member states of the United Nations sign it
(D) When a majority of member states of the United Nations
sign it
Brunnhilde, a recent immigrant from Germany, is the victim of domestic violence perpetrated by her husband, Siegfried. While she would like to file for a divorce, she cannot afford the $40,000 it will cost for Family Court proceedings.
Which element of justice is missing from this scenario?
(A) Equality
(B) Precedent
(C) Access
(D) Fairness
Which countries make up the five permanent members of the UN Security Council?
(A) Russia, the United States, India, France and China
(B) The United States, China, France, Russia and India
(C) The United States, the United Kingdom, China, France
and Russia
(D) Russia, Indonesia, China, the United States and India
The government of Syria has not allowed free elections and it has imprisoned opposition leaders. Which term best describes this situation?
(A) Anarchy
(B) Democracy
(C) Monarchy
(D) Tyranny
Papageno feels that traffic laws in Australia are too strict and wants the law to be reformed. He hopes to influence the Prime Minister, Papagena, so that she will change the laws .
Which of the following is not an agency of law reform that will help Pagageno achieve his goal?
(A) The Sydney Morning Herald
(B) The Australian Law Reform Commission
(C) The NSW Law Reform Commission
(D) The Federal court
Which of the following is not a feature of common law?
(A) Case law
(B) Precedent
(C) The adversarial system
(D) The inquisitorial system
The decision to end capital punishment in Australia was mostly caused by:
(A) A change in social values
(B) A change in technology
(C) A change in concepts of justice
(D) A change in mechanisms of law refo1m
Victoria’s parliament passes the Equality in Marriages Act 2012 (Vic), which is inconsistent with the Federal Government’s Marriage Act 1961 (Cth). What section of the
Constitution allows the Federal law to override the State law?
(A) S 128
(B) S 51
(C) S 96
(D) S 75
The body of Musetta, a 23 year old woman from Perth, was recently found in bushland near Fremantle. The cause and manner of her death is unclear. Who would first determine
how she died and whether foul play might have been a factor?
(A) The Supreme Court of WA.
(B) The District Court of WA.
(C) The Coroner’s Court of WA.
(D) The Criminal Appeal Court of WA.
Following the decision made in a previous case refers to which legal principle?
(A) Equity
(B) Justice
(C) Precedent
(D) Jurisdiction
(C) Precedent
Evidence in customary Aboriginal and Torres Strait Islander Peoples’ law was
(A) oral
(B) written
(C) unclear
(D) spiritual
(A) oral
What term best describes a binding agreement between nations
(A) Declaration
(B) Contract
(C) Protocol
(D) Treaty
(D) Treaty
Which court in Australia hears constitutional matters?
(A) The High Court
(B) The Supreme Court
(C) The House of Lords
(D) The Supreme Court of Appeal
(A) The High Court
What source of law is the Crimes Act 1900 (NSW) an example of?
(A) Common law
(B) Statutory law
(C) Customary law
(D) Constitutional law
(B) Statutory law
The system of law concerned with private relations, between members of a community, refers to which of the following?
(A) Civil law
(B) Public law
(C) Criminal law
(D) Adversarial law
(A) Civil law
Which of the following terms is NOT relevant to a negligence claim?
(A) Fault
(B) Plaintiff
(C) Redress
(D) Prosecution
(D) Prosecution
Which of the following is NOT an intergovernmental organisation?
(A) The United Nations
(B) The European Union
(C) Amnesty International
(D) The Commonwealth of Nations
(C) Amnesty International
In a court case the responsibility of each side to prove their case, on the balance of probabilities, characterises which of the following?
(A) The civil law system and civil court
procedures
(B) The adversarial system and civil court
procedures
(C) The inquisitorial system and civil court
procedures
(D) The adversarial system and criminal court
procedures
(B) The adversarial system and civil court
procedures
laws established through custom and established practice, which regulate conduct between nations, are best described as which of the following?
(A) Common laws
(B) Humanitarian laws
(C) International treaty laws
(D) Customary International law
(D) Customary International law
Which source of law most directly reflects the principle of parliamentary sovereignty?
(A) Common
(B) Customary
(C) Legislation
(D) International
(C) Legislation
What is the main purpose of delegated legislation?
(A) To prevent inequality
(B) To reduce judicial review
(C) To reduce parliamentary scrutiny
(D) To allow for administrative efficiency
(D) To allow for administrative efficiency
Which of the following represents the continued influence of British heritage on New South Wales’ State Parliament?
(A) The division of powers
(B) The role of the Governor
(C) The Speaker of the House
(D) The role of the Governor general
(B) The role of the Governor
What prevents the NSW state government from having a separate state defence force?
(A) Division of powers
(B) Separation of powers
(C) International law
(D) Voter backlash
(A) Division of powers
Which of the following is an example of private law?
(A) Administrative
(B) Industrial
(C) Criminal
(D) Torts
(D) Torts
A major limitation of the effectiveness of the Australian Human Rights Commission is
(A) jurisdiction
(B) enforceability
(C) judicial review
(D) parliamentary scrutiny
(B) enforceability
The state government passed laws requiring judges to impose a minimum eight-year jail term for fatal one-punch assaults, if alcohol or drugs are involved.
What legal principle does this infringe?
(A) Customary law
(B) Division of powers
(C) Separation of powers
(D) parliamentary sovereignty
(C) Separation of powers
Johnno is outraged by a local council decision to impose a fee for parking on local streets.
What is a non-legal method to protest this decision?
(A) Litigation
(B) Court action
(C) Complain to the local MP
(D) Complain to the Ombudsman
What was the major obstacle to the recognition of native title?
(A) The isolation of the economy
(B) The doctrine of terra nullius
(C) The absence of Aboriginal law
(D) The political view of the governor
(B) The doctrine of terra nullius
Which body of the United nations is responsible for maintaining global peace?
(A) The Security Council
(B) The General Assembly
(C) The International Criminal Court
(D) The International Court of Justice
(A) The Security Council
