Refesher Questions - From Lecture Slides Flashcards
Why is law so difficult to define?
No universial definition. All values moral, political, religious/ethical viewpoints are different.
When was the Australian Constitution founded & why?
1901; Established the commonwealth of Australia & division of power between the Cth & states; & between the Parliament, Executive & Judiciary
What are the three main types of government powers that are divided between the Commonwealth & States under the constitution? (How are Commonwealth & State Government powers divided under the Commonwealth Constitution?)
Exclusive (e.g. external affairs power/customs), Concurrent, Residual
Australia has what type of legal system?
Common Law System
Much of Western Europe (such as France) has what type of legal system?
Civil system
What are the two main sources of law that make up the Australian (English) legal system?
Legislation & Common law
Who has the burden (onus) of proof in a civil claim (which party has the responsibility of proving their case)?
The plaintiff
Who has the burden (onus) of proof in a criminal claim (which party has the responsibility of proving their case)?
The Crown (person bringing their claim to court, either the 1st time or on appeal)
Under which section of the Acts Interpretation Act 1901 (Cth), does it direct Australian Courts to have regard to the purposes of an Act in interpreting statutes, Act? A Section 15A B Section 14AA(1) C Section 15AA(1) D Section 14A
C Section 15AA(1)
In criminal law cases the standard of proof is… A On the balance of reasonable doubt B Beyond all reasonable doubt C On the balance of probability D Beyond reasonable doubt E Beyond reasonable fact
Beyond reasonable doubt
Which court is said to not have an appellate jurisdiction (from another court)? A Supreme Court B Supreme Court of Appeal C Magistrates Court D District Court
C Magistrates Court
What are the three common law rules of statutory interpretation?
Literal
Golden
Mischief
Which of the following is incorrect?
a. Laissez-faire means freedom to contract
b. Voidable contracts are those that can be voided by either party to the contract
c. Prima-facie means on the face of it, that is, when viewed for the first time
d. If both parties have completed their side of the contract then the contract is considered to have been executed
b. Voidable contracts are those that can be voided by either party to the contract (has to be the INNOCENT party)
Which of the following is incorrect?
a. Acceptance must be absolute and unconditional
b. Acceptance must be made within the time prescribed or, if no time has been prescribed, within a reasonable time
c. Acceptance cannot be implied by conduct
d. In a unilateral contract the offeror has waived its right to communication of acceptance
b. Acceptance must be made within the time prescribed or, if no time has been prescribed, within a reasonable time
Which of the following is incorrect?
a. The Postal Acceptance Rule can be excluded where the intention is that another form of communication is required
b. An offer by letter is effective once posted if the post has been contemplated as a means of acceptance
c. Even if the parties contemplate the post as a means of communication, acceptance is not considered effective at the time of being posted, because it might be affected by delay or loss
d. Where the means of communication is instantaneous, the formation of contract is governed by the rule that the contract is concluded at the time, and the place where, the acceptance is received and communicated
c. Even if the parties contemplate the post as a means of communication, acceptance is not considered effective at the time of being posted, because it might be affected by delay or loss
