Multiple choice question of law

The Executive Council is comprised of elected representatives who are also members of the legislature.. According to the doctrine of responsible government: The members of the legislatur

A ‘court of record’ is:

A court hearing that is open to members of the public

A court, the decisions of which are recorded and published in the form of law reports.

An intermediate court with jurisdiction to hear appeals from lower courts in criminal matters

A court hearing where the judge requires the parties to the proceedings to deliver written submissions

A Bill that has been successfully passed by both Houses of Parliament is not law until:

It is approved by referendum

It receives the Royal Assent of the Crown representative.The Prime Minister approves it

It has been returned to the Lower House for final endorsement

A court is exercising ‘appellate jurisdiction’ when:

It is the court of ‘first instance’

It hears and decides a dispute for the first time

It exercises powers conferred by the Australian Constitution

It hears and determines an appeal from a court lower within the hierachy.

A legal system that complies with the rule of law will ensure that:

1 All citizens have legal rights enforceable in the courts

2 The law will be applied equally to all

3 All citizens are entitled to legal representation

4 People will only be punished for conduct that is expressly made illegal

1,2,3

1,3,4

1,2,4

2,3,4

A local government is:

A separate level of government in its own right

Comprised of a legislature, executive and judiciary

Responsible for controlling power supply and health services.

Established by a state government to be responsible for local services.

A particular law might be changed because of:

i A change in government

ii Changing social and moral values

iii Old legislation automatically expiring

iv The invention of new technologies

i, ii, iii

i, ii, iv

i, iii, iv

ii, iii, iv

A Private Member’s Bill is:

A Bill proposed by the executive

A Bill that only affects an individual citizen or group

A Bill proposed by an individual member of the legislature.

A Bill the details of which are not disclosed to members of the public

Aboriginal land rights:

Allow Aboriginal people to sell land over which they have land rights

Allow Aboriginal people to develop the land over which they have land rights

Allow Aboriginal people to continue to use land according to their traditional uses such as hunting and fishing.

Gives Aboriginal people the right to prevent developments that are inconsistent with

traditional uses of the land

According to section 58 of the Australian Constitution, a Bill that has been successfully passed by both House of Parliament is not law until it:

Is endorsed by the Cabinet

Is approved by the Prime Minister

Receives the Royal Assent of the Crown representative.

Has been affirmed by proclamation in the Government Gazette

According to the doctrine of precedent:

A judge is only obliged to follow decisions made by judges in higher courts within the same court hierarchy.

A judge of the Supreme Court of Queensland must follow a decision made by the Supreme Court of New South Wales

A judge of the Supreme Court of Queensland is obliged to follow a decision made by the Queensland Magistrates court (no)

A binding precedent is a previous decision about a question of fact that a judge must follow (no)

According to the doctrine of responsible government:

The legislature and executive function independently of each other

Ministers found guilty of wrongdoing must be removed from office

Voters are unable to express their dissatisfaction with the performance of the executive

The Executive Council is comprised of elected representatives who are also members of the legislature.

According to the doctrine of responsible government:

The members of the legislature are also judicial officers

Persons convicted of an indictable offence are not eligible to contest a parliamentary seat in

Judges are generally perceived as out of touch with community values

Lawyers seek to make the courtroom less accessible to aspiring litigants

It is generally cheaper, faster, more private and less stressfull than going to court.

The depiction of the courtroom in popular television has discouraged potential litigants

An ‘explanatory memorandum’is a:

Document prepared by the Cabinet to explain proposed legislation to the Governor-General.Brief provided by a Minister to a government department explaining legislation relevant to that department.

Manual prepared by the Office of Parliamentary Counsel to assit members of the public in understanding a piece of legislation

Document summarising a Bill and explaining the effect of each provision to assit members of parliament in their understanding of the draft law.

An amendment to the Australian Constitution requires:

1 A simple majority of votes in both Houses of Parliament

2 An absolute majority of votes in both Houses of Parliament

3 A majority of votes by citizens and by States

4 A simple majority of votes in one of the Houses of Parliament

1 and 2

2 and 3

3 and 4

1 and 4

Arguments in favour of trial by jurry do not include:

The weight of responsibility is carried by more than one person

The jury operates as a safeguard agaisnt the abuse of judicial power

The jury is comprised of members of the same community with the same standards and attitudes.

The jury operates as an independent tribunal of non-professionals which gives the impression

At trial each party to the proceedings is entitled to present different types of evidence in support of their opposing arguments These types do not include:

i.A constitutional monarchy

ii.A liberal democracy

iii.A common law legal system

iv.A federation

i, ii, iii, iv

i, ii, iii

i, ii, iv

Australia’s legal system is a common law legal system based on the:

Indigenous Australian legal system

British legal system

Roman legal system

Are appointed by the Queen

Are appointed following a vote by all the eligible lawyers in Australia

Are re-appointed each time a new Federal Government is elected to office

Have security of tenure, meaning they cannot be dismissed except for proven incompetence

or misconduct.

B

By the late 1800s there was growing pressure for unification of the colonies The sources

of pressure did not include:

The need to defend the continent during war

The desire for a consistent and effective immigration policy

Trade disputes because of customs barriers between colonies

The British government’s desire to reinforce its control over the colonies.

C

Certainty is one of the ideals of law because:

The law should never change

People should be able to easily find out what the law is

The law should respond to changes in community values

People should be able to conduct their affairs confidently and know in advance what rules apply

Citizens who have complaints about the administrative actions of a government body may approach the:

Third party proceedings

A Claim and Statement of claim.

D

Despite the doctrine of separation of powers, the three arms of government in Australia and in many other democracies

The judiciary and the executive exercise the same functions

Members of the legislature are also members of the judiciary

Members of the executive are also members of the legislature

The judiciary, the executive and the legislature are all dominated by the same political party

F

Federal Government Ministers are not:

Members of the Federal Execuitve Council

Responsible for advising the Governor-General on matters of government (no)

Elected to their positions according to a ballot of the House of Representatives

Members of Parliament appointed by the Governor- General on the advice of the Prime Minister to administer the various departments of the Federal public service

High court judges are appointed by the:

Prime Minister on the advice of the Governor General

Chief Justice on the advice of the Prime Minister

Governor General on the advice of the Prime Minister

Governor on the advice of the Premier

I

Ideally the law should:

Remain unchanging

Be certain, flexible, accessible and fair.

Not be enforced where a wrongdoer was unaware of its existence

Be followed regardless of whether it or not it is considered by most to be fair

If a litigant is dissatisfied with the outcome of the trial he or she may:

Refuse to comply with a court order to pay legal costs to the other party

Lodge an appeal to a higher court.

Make a complaint to the Legal Services Commission

Issue fresh proceedings and try again

If a Federal Act of Parliament does not mention its date of commencement It will commence:

Upon receiving the Royal Assent of the Governor

28 days after receiving the Royal Assent of the Governor

Upon receiving the Royal Assent of the Governor General

28 days after receiving the Royal Assent of the Governor General

If a State Act and a Commonwealth Act are inconsistent:

Both Acts are invalid

The State Act is repealed

The State Act is treated as though it had never been passed

The Commonwealth Act prevails to the extent of the inconsistency.

In 1967, the Commonwealth Constitution was amended to:

Give Aboriginal people the right to vote (no)

Give Aboriginal people land rights over their customary lands (no)

Exclude Aboriginal people from the Commonwealth Census (no)

Allow the Commonwealth government to pass special laws for the people of any race.

In 1975, the Governor-General Sir John Kerr dismissed the Prime Minister Mr Gough Whitlam Some people argued that Kerr acted improperly in dismissing Whitlam because:

It was a breach of friendship

It was not within Kerr’s reserve powers to dismiss a Prime Minister

It was consistent with the convention that a Prime Minister who cannot obtain supply should either seek a general election or be dismissed

It was in breach of the convention that a person who retains majority support in the House of Representatives is entitled to remain Prime Minister.

In a common law legal system:

The model of law is the Roman model

The primary source of law is legislation

The two main sources of law are legislation and case law.

The decisions of judges are not recorded as a source of law

In a parliamentary context, a ‘Minister’ is a:

Religious official

Member of the Senate who advises the Prime Minister

Member of the House of Representatives and the majority party

Member of the Executive Council or Governor in Council responsible for a particular portfolio and/or government department.

In Australia, and contrary to the 'pure' doctrine of separation of powers:

Members of the executive are prohibited from being members of the parliament

There is no significant separation between the executive and the legislation

Members of parliament are also judicial officers (no)

Members of the executive government have no real influence in parliament, particularly in the Lower House.

In Australia the Upper House of Federal parliament is the Senate Which of the

following statements concerning the Senate is not correct?

Each State has equal; representation in the Senate

Representation in the Senate is based on population distribution.

The executive government does not necessarily control the Upper House

There are 12 senators from each State and there are 2 senators from Territory, resulting in a total of 76 senators

In courts within a common law legal system, dispute resolution is carried out in

accordance with:

Trial by combat

The adversarial system.

The inquisitorial system

Alternative dispute resolution

In parliamentary terms, a ‘deadlock’ is:

When the Speaker ejects a member of parliament for unruly behaviour

When a Bill is passed by the Lower House but rejected by the Upper House.

A physical confrontation between the Prime Minister and the Leader of the Opposition.When the Governor-General exercises their power to dissolve both House of parliament

In the Queensland parliament; in order to become law a Bill must pass:

Three ‘readings’ in the Legislative Council and then receive Royal Assent

Three ‘readings’ each in the Legislative Assembly and Legislative Council

Three ‘readings’ each in the Legislative Assembly and then receive Royal Assent

Three ‘readings’ each in the Legislative Assembly and Legislative Council and then receive Royal Assent

In the State parliaments, the Lower House is known as:

The Senate

The Legislative Council

The Legislative Assembly.

The House of Representatives

It is generally acknowledged that the laws should comply with certain ideals The ideal

of ‘accessibility’ means:

Persons should be able to easily find out the relevant law.

Not knowing about a law is an excuse for breaking that law

Persons without legal training can easily misunderstand technical laws

Only legal professionals should have knowledge of the law and it is their role to impart that knowledge to their clients

J

Jury trials are available in certain courts The use of a jury is intended to ensure the outcome

of a trial is decided by a group of the defendant's peers Juries are selected randomly from theelectoral roll Which of the following persons are not exempt from jury duty?

Convicted criminals (no)

Persons belonging to certain religions

Mediation is a form of alternative dispute resolution Mediation is:

Where the parties appear before an independent third person who considers the merits of eachcase and then makes a decision that is binding on both parties

A process of dispute resolution where a third party, called a mediator, assists the party to settle the dispute themselves.

Where the parties informally discuess the merits of their arguments in a judge’s chambers.Where the parties’ legal representatives engage in direct negotiation

N

Native title can be extinguished by:

The traditional title holders

The Crown enacting legislation showing a clear intention to nullify native interests (no)The granting of a right to prospect for minerals

A or b above.

All of the above

‘Native Title’ refers to:

Stewardship of land by clans.

Land ownership by inhabitants of Australia

A title of land ownership which is capable of being sold by its holders

Title to land given by Governor Macquarie when New South Wales wa settled by the British

Native title rights may include:

The right to hunt animals on the land only

The right to hunt animals on the land but not to collect fish from the waters

The right to collect fish from the waters but not to hunt animals on the land

The right to hunt animals on the land and collect fish from the waters but only if that has been their custom.

P

Pressure on the executive government to introduce a new law or change an existing law may come from a range of possible sources Those sources are generally recognised to include:

i The British government.

ii The Queen of England.

iii The meida and lobby groups.

iv The courts and public servants.

Are powers to make laws with respect to matters that are considered insignificant

Include the power to make laws with respect to postal, telephonic and telegraphic services.Are powers declared by the Australian Constitution to be within th executive province of the State parliaments

Are those powers not expressly identified in the Australian Constitution as exclusive powers

or concurrent powers.

Residual power to make laws with respect to crime is exercisable by

State parliaments

Local government

The Federal parliament

Both the Federal and State parliaments

S

Section 51 of the Australian Constitution sets out the law making powers to the shared between:

The State parliaments and the Territory parliaments

The Federal Parliaments and the State parliaments

The Federal, State and Local parliaments

None of the above

Some elements of English (British) law continued to apply in New South Wales until:

1824 no