Deck 2: Law in Australia 1: the Australian Legal System

Question 1

By the late 1800s there was growing pressure for unification of the colonies.The sources of pressure did not include:

A)The British government's desire to reinforce its control over the colonies.
B)The need to defend the continent during war.
C)Trade disputes because of customs barriers between colonies.
D)The desire for a consistent and effective immigration policy.

Answer 1

A

Question 2

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

A)Indigenous Australian legal system.
B)British legal system.
C)Roman legal system.
D)US legal system.

Answer 2

B

Question 3

The head of state of the Commonwealth of Australia and of the various States and Territories is the:

A)Prime Minister.
B)King or Queen of England.
C)Constitution.
D)Chief Justice.

Answer 3

B

Question 4

Which of the following countries is not a parliamentary republic?

A)Italy.
B)France.
C)Singapore.
D)East Timor.

Question 5

Which of the following is not a characteristic of a liberal democracy?

A)The military has the power to override the authority of the executive and legislature.
B)Citizens enjoy freedom of speech, freedom of opinion and the right to demonstrate.
C)The judiciary is independent and operates to protect civil liberties.
D)The law is designed to protect citizens' human rights.

Question 6

The Australian legal system is:
I)A constitutional monarchy.
Ii)A liberal democracy.
Iii)A federation.
Iv)A democratic republic.

A)i, ii, iv.
B)i, ii, iii.
C)i, iii, iv.
D)ii, iii, iv.

Question 7

Australia is a:

A)Presidential system.
B)Parliamentary republic.
C)Theocracy.
D)Constitutional monarchy.

Question 8

Which of the following statements is true?

A)There was no legal system in Australia prior to British settlement.
B)The first governor of Australia was Governor Lachlan Macquarie.
C)Indigenous Australians were recognised as legal inhabitants when the first British colony was established.
D)Terra nullius means 'empty land'.

Question 9

A local government is:

A)A separate level of government in its own right.
B)Comprised of a legislature, executive and judiciary.
C)Established by a state government to be responsible for local services.
D)Responsible for controlling power supply and health services.

Question 10

The application of the doctrine of reception in Australia meant that:

A)The laws of the indigenous Australians remained in place and were recognized by the British.
B)Native title laws were recognized by the British.
C)The British settlers brought British laws with them.
D)British laws and laws of the indigenous Australians were assimilated.

Question 11

The role of the executive within the federal government is to:

A)Make the law.
B)Interpret the law via the court system.
C)Declare certain laws unconstitutional and invalid.
D)Administer the law and oversee the public service.

Question 12

Australia was initially regarded terra nullius at the time of British settlement, which means:

A)'Land to be settled'.
B)'Land belonging to no-one'.
C)'Inhabited land'.
D)'Conquered land'.

Question 13

The doctrine of separation of powers states:

A)That the legislative, executive and judicial arms of government should function independently of each other.
B)That the executive holds the ultimate authority.
C)That the federal, state and local governments should remain separate.
D)That the head of state has no power and is a mere figurehead.

Question 14

The Australian Constitution was established by the:

A)Colonial Laws Validity Act.
B)Constitution Act.
C)Australia Act.
D)Commonwealth of Australia Constitution Act.

Question 15

The High Court decided in the landmark decision of Mabo v Queensland (No.2) that:

A)Australia was terra nullius at the time of colonisation.
B)The Meriam people had no title to the Murray islands.
C)Indigenous Australians could have their traditional title to land formally recognised.
D)Compensation should be paid where traditional rights are removed.

Question 16

In a common law legal system:

A)The primary source of law is legislation.
B)The decisions of judges are not recorded as a source of law.
C)The model of law is the Roman model
D)The two main sources of law are legislation and case law.

Question 17

Under Australia's federal system of government:
I)There are two levels of government: the Federal government and the various State governments.
Ii)Power to govern is shared between the Federal and the State governments.
Iii)The two levels of government are not subordinate to each other, but are 'partners'.

A)i, ii.
B)ii, iii.
C)i, iii.
D)i, ii, iii.

Question 18

Which of these is not a characteristic of a liberal democracy?

A)The judiciary and legislature constrain the power of the executive.
B)The citizens determine the outcomes of elections.
C)There is no written constitution.
D)All citizens are equal under the law.

Question 19

When used in a legal context the term 'bicameral' refers to:

A)The parliament consisting of two Houses, an Upper House and a Lower House.
B)The separation of power between federal and state governments.
C)The authority of the Governor General.
D)The ban on the filming of parliamentary sessions.

Question 20

The Australian legal system differs in some respects from the legal systems of other countries.Select the statement below that correctly describes the Australian system.

A)Australia has a constitution accompanied by a bill of rights identifying Australian citizens' civil rights and liberties.
B)The head of state is the Queen of England.
C)The head of state is also the head of the executive.
D)The Australian prime minister has no connection with the legislature.

Question 21

The exclusive powers only able to be exercised by the Federal Parliament do not include:

A)Trade and commerce with other countries.
B)The imposition of customs and excise duties.
C)The coining of money.
D)The raising and maintaining of military forces.

Question 22

The 'residual' powers of the State parliament are:

A)Matters in relation to which both the Federal and State parliaments may make laws.
B)Matters in relation to which only the Federal parliament may make laws.
C)Unimportant matters which do not necessitate the making of laws.
D)Matters in relation to which only the State parliaments may make laws.

Question 23

Which of the following entities does not exercise executive power?

A)The Executive Council within the Federal Government.
B)The Executive Council within the Territory Governments.
C)The State Supreme courts.
D)The Governor-General.

Question 24

Disputes between the Federal and State governments concerning the interpretation of the Australian Constitution are:

A)Resolved by the Governor-General as Crown representative.
B)Resolved by the State Supreme courts.
C)Subject to a referendum.
D)Resolved by the High Court of Australia according to section 76 of the Constitution.

Question 25

When exercising a reserve power, the Governor-General ordinarily acts in accordance with 'conventions'.Conventions are:

A)Rules of conduct governing behaviour in polite society.
B)Treaties and other agreements between nations concerning matters of international importance.
C)Established and generally accepted rules of practice.
D)Formal directions issued by the Prime Minister.

Question 26

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:

A)It was a breach of friendship.
B)It was consistent with the convention that a Prime Minister who cannot obtain supply should either seek a general election or be dismissed.
C)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.
D)It was not within Kerr's reserve powers to dismiss a Prime Minister.

Question 27

The Australian Constitution places important limitations on the powers of the Commonwealth.According to those limitations, the Commonwealth:

A)Cannot grant a person charged with an offence under Commonwealth law a trial by jury.
B)Must not interfere where residents of States are discriminated against within other States.
C)Must make laws regulating religion.
D)Cannot acquire property without just compensation.

Question 28

The Australian Constitution lists a number of concurrent powers at section 51.Which of the following statements is not correct concerning concurrent powers?

A)Concurrent powers are those powers able to be exercised by both the Federal and State parliaments.
B)If the Federal parliament has not legislated in relation to a matter listed in section 51 the matter remains within the regulatory authority of the States.
C)If the State parliament has made a law in relation to a matter listed in section 51 and the Federal parliament makes a law in relation to the same matter the law of the Federal parliament will override the State law in the event of inconsistency.
D)When a law of the Commonwealth is inconsistent with a law of the State the law of the State will prevail and the law of the Commonwealth will be invalid to the extent of the inconsistency.

Question 29

Federal Government Ministers are not:

A)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.
B)Members of the Federal Executive Council.
C)Elected to their positions according to a ballot of the House of Representatives.
D)Responsible for advising the Governor-General on matters of government.

Question 30

According to the doctrine of responsible government:

A)Persons convicted of an indictable offence are not eligible to contest a parliamentary seat in an election.
B)The members of the legislature are also judicial officers.
C)The ministers comprising the executive council are elected representatives who are also members of the legislature.
D)The members of the executive government are not answerable to citizens, as they are not elected to their positions.

Question 31

Which of the following statements is not correct?

A)An ombudsman is a link between a citizen and government bureaucracy.
B)An ombudsman investigates complaints about administrative actions and decisions by government departments.
C)Each State and Territory has its own ombudsman.
D)The word ombudsman means seeker of truth.

Question 32

The phrase 'division of power' refers to:

A)The separation of legislative, executive and judicial power within each level of government.
B)The notion that laws are made by the legislature, administered by the executive and interpreted by the judiciary.
C)The separation between the three arms of government.
D)The division of law-making power between the Federal government and various State governments.

Question 33

His Honour Dixon J observed in Ex parte McLean (1930) 43 CLR 472 at 483:

A)The mere fact of the coexistence of a Federal and State law concerning the same matter is enough to constitute inconsistency.
B)The intention of the legislature is irrelevant when resolving a dispute between coexistent laws of Federal and State parliaments.
C)Even if a federal law is intended to be supplementary to a state law, there will still be inconsistency where the laws govern the same matter.
D)When a federal law declares its intention to exclusively govern a particular matter it is inconsistent for a law of a State to govern the same matter.

Question 34

The Governor-General has powers that can be exercised independently of the advice of
The Executive Council.These powers are known as:

A)Residual powers.
B)Independent powers.
C)Reserve powers.
D)Non-executive powers.

Question 35

Which of the following is not an external Territory forming part of the Commonwealth of Australia?

A)Christmas Island.
B)Coral Sea Islands.
C)Tokelau Island.
D)Jervis Bay.

Question 36

The New South Wales Act passed in 1823 was an important piece of legislation.Which of the following was not an effect of that Act?

A)The establishment of New South Wales as a full colony.
B)The establishment of a comprehensive court system in New South Wales.
C)The establishment of a legislative council.
D)The establishment of the Supreme Court of New South Wales.

Question 37

A contingency fee is:

A)An upfront payment by a client to his or her lawyer.
B)A fee paid to a lawyer that is contingent on the quality of the service provided.
C)Designed to encourage litigation regardless of the prospects of success.
D)An arrangement between a lawyer and a client to pay the lawyer's fees only if the outcome of the legal action is favourable to the client.

Question 38

The Australian Constitution can be amended:

A)By an Act of Parliament.
B)By a referendum passed by a majority of voters in a majority of states.
C)By an amendment passed by an absolute majority of both Houses of parliament and by a referendum passed by a majority of voters in a majority of States and receiving Royal Assent.
D)By a proposed amendment receiving Royal Assent.

Question 39

The doctrine of reception provides that:

A)Where a territory is conquered or acquired the colonising power brings with it the laws of its home country.
B)Where a territory is settled the laws of the original inhabitants remain in place.
C)Where a territory is settled the territory is regarded as previously unoccupied and the settlers bring with them the laws of their home country.
D)At the time of the colonisation of Australia the British settlers acknowledged the prior existence of Indigenous customary law.

Question 40

Australia is:
I)A constitutional monarchy.
Ii)A liberal democracy.
Iii)A common law legal system.
Iv)A federation.

A)i, ii, iii.
B)i, ii, iv.
C)i, iv.
D)i, ii, iii, iv.

Question 41

There are inconsistencies between schooling systems around Australia because:

A)Each State has residual power to make laws with respect to education.
B)The Australian Constitution grants exclusive power to each State to make laws with respect to education.
C)Schooling systems are not regulated by law.
D)The Federal government regulates schooling differently in each State.

Question 42

A 'prerogative writ' is an order of the court ordering an administrative officer or tribunal to act or refrain from acting in a particular manner.Which of the following is not a type of prerogative writ?

A)Mandamus, where the court orders someone to perform his or her administrative duties.
B)Certiorari, where the court orders that a record of an administrative decision be produced.
C)Habeus Corpus, where a person imprisoning another is directed to bring that other person before a court of law.
D)Forbidiamus, where a court prohibits an administrative officer or tribunal from exceeding its powers.

Question 43

An amendment to the Australian Constitution does not require:

A)A majority of votes in both Houses of Parliament.
B)A majority of votes by the citizens.
C)Royal Assent.
D)A majority of votes by all Australian judges.

Question 44

Which of the following statements is not correct? The Administrative Appeals Tribunal:

A)Was created by the Administrative Appeals Tribunal Act 1975 (Cth).
B)Is a court exercising judicial powers.
C)Exercises administrative authority rather than judicial authority.
D)On reviewing a decision, substitutes its own decision in place of the original decision.

Question 45

Parliament frequently authorises the executive branch of the government to make rules, regulations and by-laws.Such rules, regulations and by-laws are known as:

A)Sub-legislation.
B)Administrative legislation.
C)Authorised legislation.
D)Delegated legislation.

Question 46

Delegated legislation is:

A)Legislation made by parliament pursuant to powers delegated by the Governor-General.
B)Legislation enacted pursuant to powers delegated by the Constitution.
C)Rules, regulations or by-laws established by a local authority or government department pursuant to authority delegated by parliament.
D)Legislation enacted by State and Territory parliaments.

Question 47

Chapter III of the Australian Constitution vests:

A)Executive power in the Federal parliament.
B)Legislative power in the Governor-General acting on the advice of the Federal Executive Council.
C)Judicial power in the High Court of Australia.
D)Government power in the Cabinet.

Question 48

Australia has:

A)A written constitution.
B)An unwritten constitution.
C)A partly written and partly unwritten constitution.
D)No constitution.

Question 49

Executive power is the power to:

A)Administer the law.
B)Interpret the law.
C)Make the law.
D)Practice the law.

Question 50

Which of the following circumstances would not justify review of an administrative decision by a court pursuant to the Judicial Review Act 1991?

A)The decision was induced by fraud.
B)The decision involved an error of law.
C)The decision was contrary to law.
D)The decision was a proper exercise of power conferred and authorised by legislation and within the jurisdiction of the decision maker.

Question 51

Where the Federal Parliament has not made a law in relation to one of the powers listed in section 51 of the Australian Constitution, the power remains within the regulatory authority of the:

A)Prime Minister
B)State parliaments.
C)Governor-General.
D)Local government.

Question 52

The 'concurrent' powers in the Australian Constitution are those that are exercisable by:

A)The State parliaments.
B)The Federal parliament.
C)The State and Territory parliaments.
D)Both the Federal and State parliaments.

Question 53

The exclusive powers of the Federal Parliament are those powers:

A)Able to be exercised only by the State parliaments.
B)Able to be exercised only by the Federal parliament.
C)Able to be exercised by both the Federal parliament and the State parliaments.
D)That vest executive authority in the Governor-General, acting on the advice of the Federal Executive Council.

Question 54

The Freedom of Information Act 1982 (Cth):

A)Gives the government the power to obtain records and information about individuals.
B)Allows the media to have unfettered access to records held by any government department or agency.
C)Gives individuals the right to access documents held about them by any Federal department or agency.
D)Gives any individual the right to access documents held about them by any public or private corporation.