Deck 3: How Law Is Made: Precedentstatute Law

Question 1

Obiter dictum can never be a binding precedent.

Answer 1

True

Question 2

Which of the following statements most accurately defines 'ratio decidendi'?

A)The final order of the court is binding on the immediate parties to the action.
B)Anything said about the law in the course of a judgment that does not form part of the matters in issue.
C)The legal reasoning upon which the decision in a case was based.
D)The doctrine of precedent;'to stand by a decision.'

Answer 2

C

Question 3

A persuasive precedent is binding on lower courts within the same hierarchy.?VARIANT
VARIANT

Answer 3

False

Question 4

A medium neutral citation indicates that a judgement is available online.

Question 5

The benefits of being able to use the internet as a source of law include:

A)Information is available free of charge.
B)Information is current.
C)Information is available quickly.
D)All of the above.

Question 6

Which of the following statements best describes the doctrine of precedent?

A)Cases with similar facts should be decided in a similar manner.
B)Cases on different facts should be decided in a similar manner.
C)Cases must be similar to previous decisions or they cannot be heard.
D)All previous decisions must be followed except if they lead to an absurd result.

Question 7

Which of the following is NOT one of the main sources of law in Australia?

A)International treaties.
B)Delegated legislation.
C)Statute law.
D)Case law.

Question 8

Which of the following statements best reflects the translation of the term 'ratio decidendi'?

A)'A matter which has been adjudicated upon.'
B)'The reason for the decision.'
C)'Let the decision stand.'
D)'A saying by the way.'

Question 9

List some of the advantages and disadvantages of the doctrine of precedent.

Question 10

Explain the doctrine of res judicata.

Question 11

Common law and equity are considered two main sources of law in our legal system.?VARIANT
VARIANT

Question 12

Which of the following statements is an advantage of the doctrine of precedent?

A)Precedent is slow to respond to community changes.
B)Precedent has to be followed even if it is not relevant to current circumstances.
C)A change to precedent may require an Act of Parliament.
D)The use of precedent promotes consistency in the law.

Question 13

Which of the following statements best reflects the translation of the term 'obiter dictum'?

A)'Let the decision stand.'
B)'A saying by the way.'
C)'The reason for deciding.'
D)'A matter which has been adjudicated upon.'

Question 14

'Res judicata' is known as: ?VARIANT
VARIANT

A)anything said about the law in the course of a judgment that does not form part of the matters in issue.
B)the doctrine of precedent;'to stand by a decision.'
C)the final order of the court is binding on the immediate parties to the action.
D)the legal reasoning upon which the decision in a case was based.

Question 15

Which of the following statements is NOT an advantage of the doctrine of precedent?

A)It is fairer and more equitable to follow precedent than to not follow precedent.
B)The use of precedent promotes consistency in the law.
C)The use of precedent promotes certainty in the law.
D)Precedent may not be relevant to today's circumstances but still has to be followed.

Question 16

Which technique may a court use to avoid compliance with an otherwise binding precedent? What is the term that describes a technique used by the courts to avoid having to comply with an otherwise binding precedent??VARIANT
VARIANT

A)Upholding.
B)Affirming.
C)Differentiating.
D)Distinguishing.

Question 17

Which of the following statements most accurately defines 'obiter dictum'?

A)Anything else said about the law in the course of a judgment that does not form part of the matters in issue.
B)The doctrine of precedent;'to stand by a decision.'
C)The legal reasoning upon which the decision in a case was based.
D)The final order of the court is binding on the immediate parties to the action.

Question 18

Which of the following best describes a 'persuasive' precedent?

A)That part of a court's decision which is not binding upon other courts.
B)A previous decision of another court which is not binding but which can influence the court's decision.
C)A previous decision of another court higher within the same court hierarchy.
D)That part of a court's decision which is binding upon other courts.

Question 19

The decisions of higher courts in a different hierarchy are binding on lower courts in another hierarchy.

Question 20

Explain fully the importance of the doctrine of ratio decidendi and obiter dicta.

Question 21

According to the literal approach to statutory interpretation,a court should interpret the wording of a statute literally.Explain why this is historically the preferred approach of the courts,and why it might,in some situations,lead to injustice or an otherwise inappropriate result.

Question 22

Which of the following answer options describes the common law mischief or purposive approach of statutory interpretation?

A)The meaning and intention of the language used in the Act is unclear so it is necessary for the court to use extrinsic materials to define what mischief the statute is intended to remedy.
B)The meaning and intention of language used in the Act is unclear so it is necessary for the court to look at the law before the statute was passed,to read the act in its entirety in order to determine the intention and then ask 'What mischief is this statute intended to remedy?'.
C)The meaning of language used in the Act is clear and the court's duty is to apply it unless that meaning is at odds with the legislator's intention,or where applying it would lead to absurdity,injustice or repugnance.
D)The meaning and intention of language used in the Act is clear and it is the court's duty to apply it.

Question 23

Which of the following is NOT 'extrinsic material' within the meaning of s 15AB of the Acts Interpretation Act 1901 (Cth)?

A)Relevant media commentary.
B)Relevant reports of law reform commissions and parliamentary debates.
C)International treaties.
D)The Second Reading speech.

Question 24

The draft of a proposed statute is called delegated legislation.

Question 25

Delegated legislation is considered an original source of law.?ADDITION
ADDITION

Question 26

If a bill is twice rejected by the Senate while being passed by the House of Representatives on both occasions,which of the following may occur?

A)A referendum.
B)An appeal to the High Court.
C)The Prime Minister decides whether the bill is passed.
D)A double dissolution of both houses.

Question 27

In relation to the passage of Federal legislation,what is 'Royal Assent'?

A)The first stage in the passage of an act,when the bill is presented to the Governor General for approval.
B)The final stage in the passage of an act,when the bill is presented to the Queen for approval.
C)The first stage in the passage of an act,when the bill is presented to the Queen for approval.
D)The final stage in the passage of an act,when the bill is presented to the Governor General for approval.

Question 28

Which of the following will NOT be used by a court to assist in the interpretation of Queensland legislation?

A)Common law rules of statutory interpretation.
B)Previous cases or precedent.
C)The Acts Interpretation Act 1901 (Cth).
D)Objects clauses and definitions sections in the legislation.

Question 29

The maxim noscitur a sociis refers to the rule used to find a viable meaning for a broad general word.

Question 30

Courts lack authority to review the validity of delegated legislation.?VARIANT
VARIANT

Question 31

Which of the following is the best description of the Golden Rule of statutory interpretation?

A)It is necessary for the court to look at the law before the statute was passed because the meaning and intention of language used in the Act is unclear.
B)The meaning and intention of language used in the Act is unclear so it is necessary to read the act in its entirety and ask 'What mischief is this statute intended to remedy?'.
C)The meaning and intention of language used in the Act is clear and it is the court's duty to apply it.
D)It is necessary for the court to determine the meaning of a statute because the language used in the Act is either at odds with the legislator's intention,or applying it literally would lead to absurdity,injustice or repugnance.

Question 32

Which of the following best describes the literal rule of statutory interpretation?

A)The meaning and intention of language used in the Act is clear and it is the court's duty to apply it.
B)The meaning and intention of language used in the Act is unclear so it is necessary to look at the law before the statute was passed.
C)The meaning and intention of language used in the Act is unclear so it is necessary to read the act in its entirety and ask 'What mischief is this statute intended to remedy?'.
D)The meaning and intention of language used in the Act is clear and it is the court's duty to apply it unless that would result in absurdity,injustice or repugnance.

Question 33

An Act of parliament does not become law until it has received Royal Assent.

Question 34

The 'purposive approach' to statutory interpretation as set out in s 15AA of the Acts Interpretation Act 1901 (Cth)is best defined as:

A)Legislation should be interpreted in a way that promotes the purpose underlying the Act.
B)Legislation must be interpreted with a clear purpose.
C)A court must have a clear purpose when interpreting legislation.
D)Legislation must contain a statement which sets out its underlying purpose.

Question 35

According to the doctrine of precedent,courts are bound to follow the earlier decisions of other courts higher within the same court hierarchy.Describe the ways in which a lawyer might manipulate the system of precedent used in Australian trials to obtain a desired result for their client.

Question 36

Which rule would a court be most likely to use to determine whether a public lane would be included in the phrase,'any house,office,room or place'?

A)Ejusdem generis.
B)Stare decisis.
C)Noscitur a sociis.
D)Obiter dicta.

Question 37

The use of the word: 'means' in legislation indicates that a word has an exact meaning.

Question 38

To be valid,regulations need to be approved by Parliament.

Question 39

Which of the following is the most correct description of delegated legislation?

A)Rules,regulations,by-laws and orders issued pursuant to the authority of an act of parliament.
B)Rules authorised by the Prime Minister.
C)Regulations issued by the Minister of State.
D)Rules published in the Government Gazette.