Deck 1: Legal Foundations

Question 1

Since Federation,Australia has ratified a large number of international treaties and conventions including which of the following?

A)The Asia Pacific Economic Cooperation (APEC).
B)The Vienna Sales Convention.
C)The General Agreement on Tariffs and Trade (GATT).
D)All of the above.

Answer 1

D

Question 2

Describe how the law and justice are linked in society.

Answer 2

Law embodies what society believes is right and fair.Justice in our society means that everyone is entitled to a fair trial under a set of rules that applies equally to both sides in an open court.

Question 3

In Australia,the law is derived from several sources.Which of the following are the two main sources of the law in Australia?

A)Private and Public law.
B)Common law and Statute law.
C)International law and Treaties.
D)All of the above.

Answer 3

B

Question 4

Which of the following major legal systems is based on the doctrine of proper behaviour and is followed by approximately 20 per cent of the world's population?

A)The Hindu law system.
B)The civil law system.
C)The common law system.
D)The Islamic legal system.

Question 5

Which of the following is considered a main source of Australian law?

A)Case law which is found in decisions of the US Supreme Court.
B)Legislation which is passed by State and Commonwealth parliaments.
C)The common law and statute law of England that has not been repealed.
D)All of the above.

Question 6

Individuals may litigate which types of law in State Court?

A)Contract law.
B)Tort law.
C)Property law.
D)All of the above.

Question 7

Are rules always laws? If not,how do they differ?

Question 8

In the event that common law and statute law conflict one another:

A)statute law will prevail.
B)either could prevail depending on the circumstances of the case.
C)common law will prevail.
D)statute law prevails but only if the court allows it to.

Question 9

How would you describe the law?

Question 10

Procedural law:

A)ensures that the rules of procedure and evidence are strictly followed.
B)ensures fairness in terms of remedy.
C)overrules substantive law.
D)is concerned with disputes between people or organisations.

Question 11

Public law does NOT include this body of law:

A)negotiable instruments law.
B)criminal law.
C)taxation law.
D)administrative law.

Question 12

In the context of the common law system,the term 'Civil law' contemplates:

A)a legal action where the emphasis is on remedies for the plaintiff.
B)a legal action brought by an individual against another.
C)a legal action where the mode of procedure is non-adversarial.
D)all of the above.

Question 13

When describing a nation's legal system,the term: 'Common law' can be distinguished from which of the following terms?

A)Equity law.
B)Civil law.
C)Canon law.
D)Statute law.

Question 14

The Australian Constitution is a significant legal document that is:

A)the story of the Australian legal system.
B)the law that regulates how Australia is governed.
C)a set of citizen rights.
D)the law which regulates commercial transactions.

Question 15

Which of the following characteristics describes an effective and acceptable legal system?

A)Seen to be fair by most people.
B)Able to change and adapt to changing circumstances.
C)Easy for people to learn about.
D)All of the above.

Question 16

Law is most accurately described by which of the following?

A)Law is basically a device to regulate the economic and social behaviour of society.
B)In society as a regulatory tool,the law informs people of what they can and cannot do and that if they break the law,they could be punished.
C)The law as a regulatory device provides a mechanism for society to function in an orderly fashion,by prioritising needs and desires of that society through Acts and Regulations of Parliament.
D)All of the above.

Question 17

A significant feature of the civil law (code)system is:

A)law made by Judges.
B)law based on the Roman law and the Napoleonic Code
C)adversarial based legal process.
D)law made by civil institutions.

Question 18

Which is the best definition of Civil Law as a legal system?

A)Laws based on the Koran.
B)Codified laws.
C)Laws based on the Bible.
D)Laws made by sovereigns.

Question 19

Which of the following terms is NOT used to describe the common law?

A)Precedent.
B)Case law.
C)Statute law.
D)Unwritten.

Question 20

Laws made by parliaments are called statute law.

Question 21

Roman law,Canon law and Merchant law are major sources of English law.

Question 22

Explain how international law is having an increasingly important impact upon domestic Australian law and upon the lives of Australians generally.Why do you think this is occurring?

Question 23

For civil law,the emphasis is on remedies,while the emphasis is on penalties for common law.

Question 24

Equity is a system of fairness that applies to all legal disputes in Australia.

Question 25

The reason statute law takes priority over the common law is because:

A)common law principles come from old English cases.
B)politicians are more accessible to the electorate.
C)judges are accountable to the parliament.
D)politicians are accountable to the electorate.

Question 26

International treaties and conventions automatically become part of domestic law.

Question 27

Equity law:

A)provides a wider range of remedies than the common law.
B)complements the common law.
C)is based upon the concept of fairness.
D)all of the above.

Question 28

The 'concurrent' powers of the Commonwealth are those powers which are:

A)able to be exercised only by the States.
B)able to be exercised only by the Commonwealth.
C)able to be exercised by neither the Commonwealth nor the States.
D)shared by the Commonwealth and the States.

Question 29

Which of the following is NOT a concurrent power of the Commonwealth under s 51 of the Commonwealth Constitution?

A)Insurance
B)Customs.
C)Industrial relations.
D)Banking.

Question 30

Section 109 of the Commonwealth Constitution provides that where there is an inconsistency between a Commonwealth law and a State law:

A)the law which was made first shall prevail.
B)the Commonwealth law shall prevail.
C)the State law shall prevail.
D)the law which was made most recently shall prevail.

Question 31

Which of the following statements is NOT true?

A)Common law rights are enforceable at any time.
B)Common law is a comprehensive system.
C)Common law rights are valid against the whole world.
D)Common law remedies are discretionary.

Question 32

The Australian Constitution gives the Federal Parliament exclusive power to make laws with respect to:

A)education.
B)business.
C)health.
D)defence.

Question 33

If there is a conflict between common law and Equity:

A)equity will prevail.
B)either could prevail depending on the circumstances of the case.
C)equity prevails but only if the court allows it to.
D)common law will prevail.

Question 34

Common law and equity law are administered in different areas of the Supreme Court.

Question 35

The law of equity originated as the collection of rules and principles that were developed and administered by which of the following bodies?

A)The British Parliament.
B)The Courts of Chancery.
C)The Privy Council.
D)The Common Law Courts.

Question 36

The main objective of criminal law is to seek compensation for the victim.

Question 37

Which of the following statements is true?

A)The law of Equity applies to all civil disputes.
B)The law of Equity only applies to criminal matters.
C)The law of Equity does not apply to all criminal matters.
D)The law of Equity does not apply to all civil disputes.

Question 38

Which of the following statements is NOT true?

A)Equity applies to all civil disputes.
B)Equity provides a wider range of remedies than the common law.
C)Equitable remedies have to be specifically requested.
D)Equity is a discretionary remedy.

Question 39

The main function of the Australian Parliament is to:

A)determine State government policies.
B)protect the rights of the citizens.
C)inform the citizens of their rights.
D)enact laws according to the Australian Constitution.

Question 40

In Chapter 1,the following useful definition of law is offered: 'A set of rules,developed over a long period of time regulating people's interactions with each other and which sets standards of conduct between individuals and other individuals,and individuals and the government and which are enforceable through sanction.' Can you identify and explain any problems with or omissions from this definition?

Question 41

Describe the three arms or functions of government,who they are held by and whether the separation is real or artificial.

Question 42

In a number of constitutional cases that have been heard by the High Court,the powers of the Federal Government have been expanded at the expense of the States.Explain fully why the High Court has taken this approach,and in your answer provide one case example to support your argument and discussion.

Question 43

Since Federation,very few proposed amendments to the Australia Constitution have been successfully passed.This is because of the requirement that:

A)the proposed amendments must be approved by a majority of voters in a majority of States.
B)the proposed amendments must be passed by a majority of voters or a majority of States.
C)the approval of the Governor-General on behalf of the Queen is required.
D)the proposed amendments must be passed by an absolute majority of all elected members in both Houses of Parliament.

Question 44

When a Commonwealth act clashes with a State act,the State act must be followed.

Question 45

In the Australian context,the division of power refers to:

A)the division of power between the Commonwealth and the States.
B)the division of power between Britain and Australia.
C)the division of power between the legislature and the executive.
D)the division of power between the courts and the government.

Question 46

The supreme law making power in Australia is exercised by:

A)the Parliament.
B)the High Court.
C)the Government.
D)the Ministers in the Cabinet.

Question 47

Which of the following statements supports the philosophy of the doctrine of separation of powers?

A)The power to interpret law is exercised by the Judiciary.
B)One limb of Government should not exercise the functions of another limb.
C)The Legislature and the Executive must remain separate.
D)All of the above.

Question 48

The decision of the High Court in the case Commonwealth v Tasmania (1983)158 CLR 1,was based upon which head of constitutional power?

A)The reserve power.
B)The external affairs power.
C)The environmental power.
D)The conciliation and arbitration power.

Question 49

The doctrine of separation of powers:

A)is a constitutional requirement of federalism in Australia.
B)is based on the idea that no one person or body should exercise more than one power.
C)requires that there is a separation of power between the state and federal governments.
D)refers to the division of power between the House of Representatives and the Senate.

Question 50

In order to amend the Commonwealth Constitution which of the following is NOT one of the requirements which must be satisfied?

A)The amendment must be approved by an absolute majority of members in both Houses of Parliament or be passed twice in either the House of Representatives or the Senate.
B)The amendment must be approved by a majority of voters in a majority of the States and by the Governor General.
C)The amendment must be approved by a majority of Australian voters.
D)The amendment must be approved by the High Court of Australia.

Question 51

Executive power in Australia is vested in the Queen.

Question 52

Separation of powers is a reference to the division of powers between the Commonwealth and the states.

Question 53

Which of the following statements is correct?

A)The Commonwealth of Australia has exclusive powers in respect of some aspects of government.
B)The Commonwealth of Australia has all those powers with regard to government in Australia which are not exercised by the States.
C)The Commonwealth of Australia has overriding powers in all aspects of Australian government.
D)The Commonwealth of Australia has reserve powers which override all aspects of Australian government.

Question 54

Which section of the Australian Constitution vests Judicial Power in the High Court of Australia?

A)Section 71 of the Constitution.
B)Section 51 of the Constitution.
C)Section 1 of the Constitution.
D)Section 61 of the Constitution.

Question 55

The attitude of the High Court of Australia to the interpretation of the Constitution has been to expand the power of the Commonwealth Government.

Question 56

The Constitution gives the Federal Parliament absolute power to make laws to govern Australia.

Question 57

The High Court interprets legislation created by Parliament.

Question 58

Since Federation in 1901,there have been 44 proposals to amend the Commonwealth Constitution.How many have been successful?

A)Only 35 of the proposals.
B)All of the proposals.
C)Only 8 of the proposals.
D)None of them.