Deck 3: Legal Systems

Question 1

What is the monetary limit in the Queensland District Court in civil matters?

A) $750,000.
B) $250,000.
C) $50,000.
D) $100,000.

Answer 1

A

Question 2

Why might an accused person prefer to have an indictable matter dealt with summarily in an inferior court instead of in a higher court?

A) Inferior courts settle disputes less formally.
B) Inferior courts settle disputes more cheaply.
C) Inferior courts settle disputes more quickly.
D) All of the above.

Answer 2

D

Question 3

A charge of shoplifting is a:

A) Indictable offence.
B) Committal offence.
C) Serious offence.
D) Summary offence.

Answer 3

D

Question 4

Which of the following matters fall within the original jurisdiction of the Federal Court?

A) State matters.
B) Commonwealth matters.
C) The Australian Constitution.
D) Disputes between states.

Question 5

Explain the difference between a Court of first instance and a Court of appeal.

Question 6

In NSW summary matters are dealt with in the Small Claims Court.

Question 7

The term jurisdiction refers to the types of cases a particular court can hear.

Question 8

The civil jurisdiction of a court is determined by the amount of money involved.

Question 9

Which of the following statements is the most correct?

A) A court may only judge matters brought before it which are within its jurisdiction.
B) A court is able to judge any matter brought before it.
C) A court has the power to overrule a decision by another court.
D) None of the above.

Question 10

Committal Proceedings are:

A) More serious criminal offences generally heard in intermediate or superior courts.
B) Less serious crimes which are usually heard in the Magistrates Court.
C) Preliminary hearings of a serious criminal offence, where a Magistrate decides if there is enough evidence against the accused to proceed to a formal trial.
D) Less formal proceedings where the accused pleads guilty.

Question 11

Which of the following matters fall within the original jurisdiction of the High Court?

A) Disputes between States.
B) Disputes between individuals over land within one State.
C) Disputes relating to the constitutions of individual States.
D) Appeals from State Supreme Courts.

Question 12

Which of the following is NOT one of the objectives of the High Court?

A) To grant special leave to appeal from other superior courts.
B) To serve as a final court of appeal within the Australian legal system.
C) To provide a simpler and more accessible alternative to the Federal Court.
D) To guard and interpret the Australian Constitution.

Question 13

Is the High Court a State Court, that is located within the State court hierarchy, or is it a Federal court, that is located within the Federal court hierarchy?

A) The High Court is neither a State Court nor a Federal Court.
B) The High Court is a State Court located within the State court hierarchy.
C) The High Court is a Federal Court located within the Federal court hierarchy.
D) The High Court is both a State Court and a Federal Court.

Question 14

The Police are often described as community guardians of the peace and have a number of duties which include:

A) The protection of life and property.
B) The enforcement of law and the safety of the public.
C) The prevention of crime and the apprehension of offenders.
D) All of the above.

Question 15

Police are community guardians of the peace.

Question 16

What is the difference between a court of first instance and an appellate court?

A) An appellate court hears a matter for the first time, a court of first instance hears an appeal from a previous decision.
B) Nothing as they are the same thing.
C) A court of first instance hears a matter for the first time while an appellate court hears an appeal from a previous decision.
D) All of the above.

Question 17

What is the appellate jurisdiction of an inferior court?

A) The inferior courts hear committal proceedings for serious indictable offences.
B) The inferior courts are the lowest courts in the State court hierarchy and do not hear appeals from any other courts.
C) The inferior courts hear summary offences, and some minor indictable offences.
D) The inferior courts hear appeals from the intermediate courts.

Question 18

What is the meaning of the term 'court hierarchy'?

A) A tiered court system within each particular jurisdiction.
B) The horizontal arrangement of courts within Australia.
C) A vertical system of appellate courts.
D) The supreme courts of the various states and territories.

Question 19

Indictable Offences are:

A) Preliminary hearing before a Magistrate of a serious criminal offence, where the Magistrate decides if there is enough evidence against the accused to proceed to a formal trial.
B) Less formal proceedings where the accused pleads guilty.
C) More serious criminal offences generally heard in intermediate or superior courts.
D) Less serious crimes which are usually heard in the Magistrates Court.

Question 20

In Western Australia, a civil dispute involving an amount of $175,000 would commence in which court?

A) Magistrates Court.
B) Court of Appeal.
C) Supreme Court.
D) District Court.

Question 21

What is the appellate jurisdiction of the High Court?

A) To hear appeals from State and Territory Supreme Courts, the Family Court of Australia and from the Federal Court of Australia.
B) The High Court does not have an appellate jurisdiction.
C) To hear indictable offences against the laws of the Commonwealth, cases where the Commonwealth itself is a party, disputes between two or more states, or matters involving residents of two or more states.
D) To guard and interpret the States' Constitutions.

Question 22

An eCourt is an example of alternative dispute resolution.

Question 23

A licensing court is an example of alternative dispute resolution.

Question 24

What is a class action?

A) An action taken by more than one litigant.
B) An action taken by multiple persons with similar claims against another party.
C) An action taken by one person against multiple persons.
D) An action taken against more than one litigant.

Question 25

Consumer claims under the Australian Consumer Law are dealt with by the Australian Competition and Consumer Tribunal.

Question 26

The Jury decide questions of law while the Judge decides all questions of fact.

Question 27

Which of the following is NOT one of the differences between Tribunals and Courts?

A) The jurisdiction of a court is usually restricted to a narrow area, whereas the jurisdiction of a tribunal is more general.
B) The decision of a court can usually be appealed, whereas the decision of a tribunal is usually final.
C) Courts generally allow legal representation, whereas tribunals generally restrict legal representation.
D) Tribunals are less formal and less intimidating than courts.

Question 28

Which of the following best indicates the role of an ombudsman?

A) To interrogate government departments.
B) To rectify wrongs.
C) To initiate legal action against government.
D) To investigate complaints about administrative actions and administrative decisions.

Question 29

The standard of proof in a civil case is beyond reasonable doubt.

Question 30

Which of the following is a feature of the adversarial system of trial?

A) Competitive conduct of each party's case.
B) Lack of party control over the case.
C) The inquisitorial trial.
D) An investigative judge.

Question 31

Which of the following is NOT one of the purposes of having a hierarchical court structure?

A) A hierarchy of courts is instrumental in establishing precedent.
B) A hierarchy of courts provides a system of appeals through which dissatisfied litigants may appeal from a decision of a lower court to a high court to have the matter reconsidered.
C) A hierarchy of courts ensures that the decision of any court is final and cannot later be reviewed or overturned.
D) It allows litigants the quickest legal remedy.

Question 32

What are the designated roles of a Judge and a Jury in a trial? Do you think that there is still a need for a jury in today's society?

Question 33

If a person wants to appeal against a decision of the Tax Office, they will go to:

A) The Federal Court.
B) The Supreme Court of their state.
C) The Civil and Administrative Tribunal of their state.
D) The Administrative Appeals Tribunal.

Question 34

The Federal Circuit Court was established to reduce the workload of the Federal Court and the Family Court. (i) How was this reduction in workload to be achieved? (ii) Has this reduction in fact been achieved? You may wish to visit http://www.federalcircuitcourt.gov.au.

Question 35

Which of the following is NOT one of the advantages of ADR (Alternative Dispute Resolution) over formal litigation?

A) ADR is less intimidating than formal litigation.
B) ADR is less expensive than formal litigation.
C) ADR is more likely to be heard quickly than formal litigation.
D) ADR is more authoritative than formal litigation.

Question 36

The High Court only has appellate jurisdiction.

Question 37

In NSW, a complaint about racial discrimination would be dealt with in the Civil and Administrative Tribunal.

Question 38

The role of the Jury is to decide matters of fact.

Question 39

When is Special Leave, that is, permission to appeal from either a State or Territory Supreme Court or a Federal Court to the High Court, required?

A) Only in cases involving State law and federal law.
B) Only in cases involving matters of major public importance.
C) Only in cases involving the interpretation of the Australian Constitution.
D) In all cases.

Question 40

An appeal from a decision of the Supreme Court of Victoria may be taken to the Privy Council.

Question 41

The adversary system of justice adopted by Australian courts is often contrasted with the inquisitorial system adopted by European courts. Find out what you can about the inquisitorial system, and explain which system you believe is the fairest.