Question 1

Legislation is law made by the courts

Select one:

True

False 

Question 2

Australia has a legal system based on the English common law system.

Select one:

True 

False

Question 3

When addressing legal problems, you can justify your answer by talking about your opinion and what you personally think is fair.

Select one:

True

False

Question 4

ratio decidendi of a case is: 

Select one:

a. means the "reason" for a decision from which legal principle is derived 

b. an application of the doctrine of separation of powers by parliament

c. a comment made by the way

d. a law report

Question 5

The standard of proof:

Select one:

a. identifies the degree of proof a party is required to meet to succeed in a legal proceeding 

b. is the same in criminal and civil proceedings

c. identifies the party required to prove its case in a proceeding

d. none of the above.

Question 6

Where there is legislation relevant to a legal problem, for the analysis of that problem:

Select one:

a. there is an option to use either of the legislation or preexisting case law, but not both.

b. the legislation is the starting point. However, case law which assists in understanding the meaning of the legislation can also be used. 

c. legislation overrides case law. So all case law should be ignored. 

d. it doesn't really matter, both legislation and case law are valid sources of law. 

Question 7

Common law and equity are:

Select one:

a. both examples of legislation. 

b. are entirely different, common law is the same as case law and equity is a type of legislation.

c. are both examples of law developed by the courts (i.e. case law).

d. none of the above.

Question 8

There are two main sources of law in the Australian legal system.  They are:

Select one:

a. The doctrine and precedent and the separation of powers.

b. Case law and legislation

c. Law made by the parliament and delegated legislation

d. Legislation and delegated legislation

Question 9

Mills v Meeking (1990) 169 CLR 214 is an example of:

Select one:

a. Case law from the Supreme Court of South Australia

b. Commonwealth delegated legislation

c. Case law from the High Court of Australia 

d. Commonwealth regulation

Question 10

Read the following extract from the Summary Offences Act 1953 (SA), and the question below it. 

50—Unlawfully ringing doorbells 

A person who, without reasonable excuse, disturbs another by wilfully pulling or ringing the doorbell of a house or by knocking at the door of a house is guilty of an offence. 

Maximum penalty: $250.

Steve is an annoying 38 year old man who suffers from a severe case of arrested development.In other words he is very immature and does stupid things.  Steve is the type of person who will get into a fight in the street or yell at people from his car. For fun, Steve hides in a bush at the front his neighbour’s house. He then repeatedly throws a small bouncy ball at the door until his neighbour opens the door to see who is there. Is Steve guilty of an offence?

Read the answers below, pick which one is the best example of the IRAC method. 

Select one:

a. No because he threw the ball and that is not knocking.

b. I - Is Steve Guilty?

R - Summary Offences Act

A - It depends

C - Probably, not

c. Yes because he is just trying to annoy his neighbour and that is not nice.

d. Issue – Has Steve Committed an offence?

Rule – Steve will have committed an offence if he, without reasonable excuse, disturbs another by wilfully pulling or ringing the doorbell of a house or by knocking at the door of a house is guilty of an offence (section 50 of the Summary Offences Act 1953 (SA))

Analysis – Steve could argue that he hasn’t committed an offence because he hasn’t literally “knocked” at the door of his neighbour’s house. He has just thrown a ball. However the wording needs to be considered in the context of the purpose of the legislation. Section 50 is aimed at preventing someone from disturbing another person, in their house, by making them think someone is at the front door. 

Conclusion – Steve’s behavior is likely to fall within the scope of section 50 in which case he will have committed an offence. 

Question 11

IRAC is method used for legal problem solving. It stands for:

Select one:

a. Identify, Regulations, Act and Case Law

b. Issue, Regulation, Analysis and Conclusion

c. Issue, Rule, Analysis/Application and Conclusion 

Question 12

The Retail and Commercial Leases Act 1995 (SA) is an example of: 

Select one:

a. Federal legislation

b. State precedent

c. Federal precedent

d. State legislation 

Question 13

The Competition and Consumer Regulation 2010 (Cth) is an example of:

Select one:

a. Federal case law

b. Case law

c. Delegated legislation 

d. State legislation

Question 14

The doctrine of separation of powers provides that, under a strict separation of powers:

Select one:

a. the courts, parliament and executive each have the power to make, interpret and enforce the law.

b. the courts and parliament both have the power to make, interpret and enforce the law.

c. the courts and the executive both have the power to make, interpret and enforce the law.

d. the parliament has the power to make the law, the courts have the power to interpret the law and the executive has the power to administer the law. 

Question 15

The Competition and Consumer Act 2010 (Cth) is an example of:

Select one:

a. Commonwealth legislation 

b. Case law

c. State legislation

d. Delegated legislation

Question 16

The High Court of Australia

Select one:

a. is at the top of the Australian court hierarchy

b. hears matters in relation to the Australian constitution 

c. hears appeals from State and Territory courts on a range of a matters

d. all of the above 

Question 17

The adversarial system of justice is structured so that the judge investigates a dispute to find the truth.

Select one:

True

False 

Question 18

Case law is a term used to describe: 

Select one:

a. law made by the courts 

b. laws made by parliament

c. delegated legislation and common law

Question 19

In the Australian System of government:

Select one:

a. There is a federal parliament and a state parliament.  Both parliaments make legislation, however, only legislation made by the federal parliament is relevant to business law. 

b. There is a federal parliament and a state parliament.  Both parliaments make legislation, however, only legislation made by the state parliament is relevant to business law. 

c. There is a federal parliament and a state parliament.  Both parliaments make legislation. The Australian Constitution outlines the type of legislation that the federal parliament can make.   

d. There is only one parliament which makes legislation for the entire country.

Question 20

The Doctrine of Precedent is about:

Select one:

a. treating similar cases in a similar way

b. consistency and fairness

c. separation of powers

d. all of the above

e. both and A and B.