Reference no: EM132205362
1. Federal system
Which of the following statements is correct?
Australia is a federal system, with one Constitution and a number of non-law-making States and Territories.
Australia is a federal system, with two legal systems for each citizen.
Australia is a unitary system, where the States and Territories are constrained in their law-making powers by the Commonwealth.
Australia is a federal system with three branches of government: the judiciary, the executive and the Crown.
2. Changing the Constitution
Section 128 of the Commonwealth Constitution provides that the Constitution can be changed by referendum that requires a “yes” vote:
by the majority of voters and in a majority of States
in at least 3 states
in the ACT and NT (the Territories)
in at least 2 states
3. The rule of law
Which of the following concepts is closely related to the rule of law?
Representative government
Responsible government
Due process
Separation of powers
4. What is a binding precedent?
A decision of another court that is of persuasive authority
With respect to Australia, it is a decision of the UK Supreme Court
A decision of a different court on the same subject matter
A decision of a court that binds judges in a lower court in the same court hierarchy
5. Court hierarchy
The highest court in Australia is:
The Privy Council
The Federal Court of Australia
The High Court of Australia
The Supreme Court of Australia
6. Public and private law
Which of the following is not classified as private law?
Constitutional law
Contract law
The law of tort
The law of trusts
7. Australian Constitution
Which Act established the federal legal and political system and converted the separate colonies into states?
Commonwealth of Australia Constitution Act 1900
The Australia Act 1986
Statute of Westminster Adoption Act 1942 (Cth)
Statute of Westminster 1931 (IMP)
8. Public and private law
Which of the following is not classified as private law?
The law of contract
Criminal law
The law of property
Corporations law
9. Separation of powers
Which of the following statements about separation of powers in Australia is correct?
The judiciary is the body that makes statute law.
The legislature is the branch that declares what the law is and interprets the law.
The executive is the body that administers the law.
The legislature is the body that resolves disputes concerning the application of law and polices the law.
10. Criminal proceedings
An indictable offence is:
A more serious civil wrong
A less serious civil wrong
A more serious criminal offence
A less serious criminal offence
11. Common law
Which one of the following statements about common law is correct?
Common law is judge made law
Common law overrides statute law
Common law is made by Parliaments
Common law and equity are the same types of laws and provide the same remedies
12. Commonwealth franchise
Which of the following is true concerning the content of the Commonwealth Franchise Act 1902:
In section 3, all men, women and children in the federation were given the right to vote.
In section 3 all men and women over 21 years whether married or unmarried who were natural born or naturalised subjects of the King were given the right to vote.
In section 4 all Aboriginal and Torres Strait Islanders were given the right to vote.
In section 4 all prisoners were given the right to vote.
13. Constitution
Which of the following statements about constitutions in Australia is NOT correct?
The Commonwealth Constitution sets out the relationship of the Commonwealth government with the States.
A written constitution is a feature of a federal legal system such as Australia.
The Commonwealth Constitution sets out the powers of the Commonwealth government.
Australia has one constitution only (States have no constitutions).
14. Sources of law
The two main types of law in Australia are:
Common law and judge-made law
Statute law and judge-made law
Statute law and Acts of Parliament
Common law and equity
15. Civil and criminal law
Which of the following is not correct with respect to civil law?
The typical purpose of a civil action is to obtain damages.
The document filed by the defendant is called a writ.
Under civil law, one person may sue another who has committed a wrongful act.
Interrogatories and discovery are procedures that are available in civil proceedings.
16. Citizenship
Which of the following is correct concerning the concept of citizenship in Australia:
Citizenship is a concept included in the Constitution.
Australians are citizens of the United Kingdom in 2018.
The first citizenship statute was passed in the Commonwealth Parliament in 1948.
Australians became citizens of the federation on 1 January 1901.
17. Criminal offences
Which of the following is incorrect with respect to criminal offences?
Indictable offences are generally the more serious offences.
The prosecution must prove its case beyond reasonable doubt.
Summary offences are determined by a magistrate without a jury.
A committal hearing is held before most summary offence matters.
18. Native Title
Native Title was first recognised in which of the following cases?
Mabo v State of Queensland (No 2) (1992) 175 CLR 1
Wik Peoples v State of Queensland (1996) 187 CLR 1
Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245
Commonwealth v Jones (1901) 174 CLR 25
19. Commonwealth Constitution
Which of the following is true in relation to the Commonwealth Constitution in Australia:
The Constitution contains a Bill of Rights which protects freedom of speech and freedom of religion.
The Constitution contains a Bill of Rights which provides for the right to education, employment and healthcare for all Australians.
The Constitution does not contain a Bill of Rights and there is no protection at all for individual rights under the Constitution.
The Constitution does not contain a Bill of Rights, but there are some protections for individual rights expressly contained in the Constitution and there are also some implications drawn from the democratic structure of the Constitution.
20. Sources of law
Sources of law in Australia do not include:
Consolidating statutes
Judge-made law
Repealed statutes
Equity