Download Australian Legal System: Multiple Choice Questions and Answers and more Exams Law in PDF only on Docsity!
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Which of the following is the basis of the Australian Legal system A) English common law (B) English treaty law (C) International law (D) European law CORRECT ANSWERS✅ English common law Which of the following are characteristics of Aboriginal and Torres Strait Islander Peoples' customary laws (A) Spiritual basis and prisons (B) Mediation and property ownership (C) Significance of land and oral traditions (D) Ritual traditions and insignificance of land CORRECT ANSWERS✅ (C) Significance of land and oral traditions The Commonwealth parliament legislates with regard to quarantine. It is able to do this because of which of the following? (A) Electoral powers (B)The Division of Powers (C) External affairs powers (D)The Separation of Powers CORRECT ANSWERS✅ (B)The Division of Powers The International Criminal Court (ICC) has jurisdiction over which of the following crimes? (A) Piracy
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(B) Sedition (C) People trafficking (D) Crimes against humanity CORRECT ANSWERS✅ (D) Crimes against humanity John, an employee with the Department of immigration, participates in an anti-government demonstration and is dismissed by his employer.Which legal process has the employer failed to follow? · (A) Prosecution guidelines (B) Administrative appeal (C) Procedural fairness (D) Rule of law CORRECT ANSWERS✅ State sovereignty can best be described as: (A) A nation-state with a monarch as head of state. (B) The power of the United Nations to compel a nation state to sign a treaty (C) The right of the states and territories of Australia to have their own parliament (D) The right of a nation-state to decide how to govern it self, free from outside interference CORRECT ANSWERS✅ D) The right of a nation-state to decide how to govern it self, free from outside interference Which court is the final court of appeal for a civil case that begins in the Local Court? (A) The High Court (B) The Supreme Cowi
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Which of, the following best describes a criminal trial in the adversarial system? (A) A panel of judges decides the verdict after a prosecutor puts the case forward against the accused (B) A judge decides the verdict after a prosecutor puts the case forward against the accused (C) A jury decides a sentence after a prosecutor and a defence lawyer argue the case (D) A jury decides the verdict after a prosecutor a defence lawyer argue the case. CORRECT ANSWERS✅ (D) A jury decides the verdict after a prosecutor a defence lawyer argue the case. Which of the following organs of the United Nations is responsible for enforcing international law? (A) The General Assembly (B) The International Court of Justice (C) The Security Council (D) The UN Secretariat CORRECT ANSWERS✅ The Security Council Failure to exercise a duty of care would be considered to be part of which tort? (A) Nuisance · (B) Trespass (C) Negligence
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(D) Defamation CORRECT ANSWERS✅ Negligence Which of the following is not an agency of law reform? (A)The media (B) Parliament (C) The NSW Law Reform Commission (D) A Royal Commission CORRECT ANSWERS✅ A Royal Commission What is the name given to the system of trial in which a judge takes an active role in determining the facts of the case? (A) · frocedural (B) Adversarial (C) Inquisitorial (D) Westminster CORRECT ANSWERS✅ Inquisitorial In the case of Lumley v Wagner (1852), Lumley was granted an injunction. What is an injunction? (A)An order to pay an amount of money (B)An order to stop the performance of a certain act
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The NSW Supreme Court in the case ofR v Traviata [2012] NSWSC 23 set a precedent in a criminal case. Which of the following courts must follow the precedent? a) The District Court (B) The NSW Court of Criminal Appeal (C) The Supreme Court (D) The High Court CORRECT ANSWERS✅ The Federal Government wishes to change the Constitution. Which of the following would allow this change? (A) A United Nations Resolution supporting the change (B) A unanimous High Court decision supporting the change (C)A referendum in which a majority of States and a majority of people support the change (D) The passing of legislation by Federal, State and Territory parliaments supporting the change CORRECT ANSWERS✅ Which of the following is not a feature ofcommon law? (A) Case law (B) Precedent (C) The adversarial system (D) The inquisitorial system CORRECT ANSWERS✅ (D) The inquisitorial system Section 52 of the Federal Constitution outlines which of the following? The process of holding a referendum
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The residual powers of State parliaments The concurrent powers of both State and Federal parliaments The exclusive powers of Federal parliament CORRECT ANSWERS✅ The exclusive powers of Federal parliament James has been arrested for an indictable offence in NSW. In which court will the trial take place? High Court Local Court District Court Family Court CORRECT ANSWERS✅ District Court Which of the following is an example of a binding precedent? When statute law overrides common law When a decision is made by a Local Court When a decision is set in the High Court When a decision is made by the Magistrates Court in Victoria CORRECT ANSWERS✅ When a decision is set in the High Court How are legal rights protected in Australia By common law By statute law By both common and statute law
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Which of the following is the most effective method of dispute resolution? An ICAC decision Media publicity A decision by the Ombudsman Judicial review CORRECT ANSWERS✅ Judicial review The International Labour Organisation is an example of? An international labour union A regional labour trade union A non-profit organisation An intergovernmental organisation CORRECT ANSWERS✅ An intergovernmental organisation The concept of terra nullius was overturned in which of the following cases? The Yarmirr Case 2001 The Wik Case 1996 The Native Title Case 1998 The Mabo Case 1992 CORRECT ANSWERS✅ The Mabo Case 1992 When does a Federal act of parliament become law? When it receives royal assent by the Governor General When it is passed by both upper and lower houses of parliament When it receives royal assent by the Governor
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After all amendments are agreed to by both houses of parliament CORRECT ANSWERS✅ When it receives royal assent by the Governor General A government agency has recently reviewed laws in relation to jury trials and has made recommendations to the NSW government. Which government agency is most likely to have made the recommendations? NSW Parliamentary Committee on Juries Australian Law Reform Commission NSW Bureau of Crime and Statistics NSW Law Reform Commission CORRECT ANSWERS✅ NSW Law Reform Commission Andrea is charged with a serious offence. She pleads not guilty and has been granted legal aid. Who will represent her in court? Judge's associate Police prosecutor Public defender Court officer CORRECT ANSWERS✅ Public defender The Charter of the United Nations is an example of which of the following? A multilateral treaty An international law court A domestic treaty
