Deck 1: Legal Foundations

Question 1

A main source of law in Australia is found in:

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C) The common law and statute law of England that has not been repealed.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.

Answer 1

B

Question 2

In order for a legal system to be effective and accepted it must be:

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.

Answer 2

D

Question 3

How would you describe the law?

Answer 3

Law is 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.

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

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 6

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

A) Law made by Judges.
B) Law based on the Roman law that developed from the code of Justinian.
C) Adversarial based legal process.
D) Law made by civil institutions.

Question 7

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

A) Education.
B) Business.
C) Health.
D) Defence.

Question 8

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 9

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

Question 10

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

Question 11

Which of the following best describes the law?

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 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 adversarial.
D) All of the above.

Question 13

If there is a conflict between common law and statute law:

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 14

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 (CISG).
C) The General Agreement on Tariffs and Trade (GATT).
D) All of the above.

Question 15

Laws made by parliaments are called statute law.

Question 16

Describe how the law and justice are linked in society.

Question 17

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.

Question 18

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 19

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 20

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

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

Question 21

Common law emphasises rights, Civil law emphasises remedies.

Question 22

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 23

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 24

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

Question 25

The rules of equity:

A) Provide a wider range of remedies than the common law.
B) Complement the common law.
C) Are based upon the concept of fairness.
D) All of the above.

Question 26

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 27

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 28

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 29

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

Question 30

Which of the following are examples of the types of law that would be litigated by individuals in State Courts?

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

Question 31

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 32

International treaties and conventions automatically become part of domestic law.

Question 33

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 34

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 35

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

Question 36

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

Question 37

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 38

Which of the following is NOT an aspect of public law?

A) Negotiable instruments law.
B) Criminal law.
C) Taxation law.
D) Administrative law.