Question 1

In the context of a case report, the 'legal issue' is:

Accepted Answer

A) the factual circumstances relied on by the judge or jury in making their decision. 
B) the question of law required to be determined by the trial judge. 
C) the judge's determination of the question of law by reference to the material facts. 
D) a judge's remarks concerning matters other than the legal principle upon which the final decision is based. 
A) the factual circumstances relied on by the judge or jury in making their decision. 
B) the question of law required to be determined by the trial judge. 
C) the judge's determination of the question of law by reference to the material facts. 
D) a judge's remarks concerning matters other than the legal principle upon which the final decision is based. B

Question 2

The golden rule is to be applied when:

Accepted Answer

A) reading the legal text we are able to give words and phrases their ordinary and natural meanings. 
B) interpreting the legal text literally would lead to a result that is absurd or inconsistent with the rest of the document. 
C) interpreting the legal text literally would be inconsistent with the purpose or object underlying the text. 
D) it is necessary to ascertain the mischief behind the text. 
A) reading the legal text we are able to give words and phrases their ordinary and natural meanings. 
B) interpreting the legal text literally would lead to a result that is absurd or inconsistent with the rest of the document. 
C) interpreting the legal text literally would be inconsistent with the purpose or object underlying the text. 
D) it is necessary to ascertain the mischief behind the text. B

Question 3

The most efficient method of locating legislation is:

Accepted Answer

A) online. 
B) in a law library. 
C) in a parliamentary library. 
D) in a court library. 
A) online. 
B) in a law library. 
C) in a parliamentary library. 
D) in a court library. A

Question 4

Obiter dicta is:

Accepted Answer

A) the material facts of a case. 
B) the legal rule or principle upon which the final decision is based. 
C) the written record of a court's decision. 
D) that part of a court's decision other than the legal rule principle upon which the final decision is based. 
A) the material facts of a case. 
B) the legal rule or principle upon which the final decision is based. 
C) the written record of a court's decision. 
D) that part of a court's decision other than the legal rule principle upon which the final decision is based.

Question 5

The 'literal rule' is a rule of interpretation according to which:

Accepted Answer

A) the words and phrases in a legal document are given their intended meanings. 
B) the interpreter identifies the mischief behind the legislation. 
C) the words and phrases in a legal document are given their ordinary and natural meanings. 
D) legislation is interpreted so as to avoid any inconsistency or absurdity. 
A) the words and phrases in a legal document are given their intended meanings. 
B) the interpreter identifies the mischief behind the legislation. 
C) the words and phrases in a legal document are given their ordinary and natural meanings. 
D) legislation is interpreted so as to avoid any inconsistency or absurdity.

Question 6

A 'schedule' to an Act of Parliament is:

Accepted Answer

A) a term used to refer to the body of an Act that contains the substantive provisions of the Act. 
B) a list of definitions usually found at the beginning of legislation. 
C) a subsidiary piece of legislation, separate to the principal Act and usually containing administrative provisions concerning the application of the principal Act. 
D) a supplement appended to an Act and usually containing procedural provisions such as fees and charges, forms, technical descriptions and lists. 
A) a term used to refer to the body of an Act that contains the substantive provisions of the Act. 
B) a list of definitions usually found at the beginning of legislation. 
C) a subsidiary piece of legislation, separate to the principal Act and usually containing administrative provisions concerning the application of the principal Act. 
D) a supplement appended to an Act and usually containing procedural provisions such as fees and charges, forms, technical descriptions and lists.

Question 7

'Statutory interpretation' is:

Accepted Answer

A) the interpretation of the words used within a judicial decision. 
B) the making of legislation by the legislature. 
C) the reading and interpretation of legislation. 
D) the translation of judicial decisions into plain language. 
A) the interpretation of the words used within a judicial decision. 
B) the making of legislation by the legislature. 
C) the reading and interpretation of legislation. 
D) the translation of judicial decisions into plain language.

Question 8

Which of the following statements about the case citation Donoghue v Stevenson [1932] AC 562 is incorrect?

Accepted Answer

A) 1932 is the year in which the case was reported. 
B) The 'v' is pronounced 'and'. 
C) 'AC' refers to Admiralty Court. 
D) '562' is the page number on which the case report begins. 
A) 1932 is the year in which the case was reported. 
B) The 'v' is pronounced 'and'. 
C) 'AC' refers to Admiralty Court. 
D) '562' is the page number on which the case report begins.

Question 9

When interpreting laws that impose a penalty, we should favour the interpretation that:

Accepted Answer

A) imposes the penalty even where the words of the statute are ambiguous and unclear. 
B) leads to imposition of the penalty on a larger class of people. 
C) means the penalty is less likely to be imposed. 
D) benefits the prosecutor. 
A) imposes the penalty even where the words of the statute are ambiguous and unclear. 
B) leads to imposition of the penalty on a larger class of people. 
C) means the penalty is less likely to be imposed. 
D) benefits the prosecutor.

Question 10

Which of the following is not one of the provisions of the Acts Interpretation Act 1954 (Qld), a statute designed to make the interpretation of legislation simpler and easier?

Accepted Answer

A) Words importing a gender include every other gender 
B) Words in the singular number include the plural 
C) Section headings do not form part of the Act 
D) Words in the plural number include the singular 
A) Words importing a gender include every other gender 
B) Words in the singular number include the plural 
C) Section headings do not form part of the Act 
D) Words in the plural number include the singular

Question 11

Which of the following statements is not true of the process of legal reasoning?

Accepted Answer

A) An essential aspect of solving a legal problem is the establishment of the relevant facts. 
B) Parties to a legal dispute must agree on the material facts. 
C) In many court hearings it is the role of the trial judge to decide what facts have been proven by the evidence presented by the parties. 
D) In determining the facts the court applies complex rules of evidence. 
E) Often in trials once the facts have been established the application of the relevant law is relatively straightforward. 
A) An essential aspect of solving a legal problem is the establishment of the relevant facts. 
B) Parties to a legal dispute must agree on the material facts. 
C) In many court hearings it is the role of the trial judge to decide what facts have been proven by the evidence presented by the parties. 
D) In determining the facts the court applies complex rules of evidence. 
E) Often in trials once the facts have been established the application of the relevant law is relatively straightforward.

Question 12

In the event of a conflict or inconsistency between case law and a statutory rule:

Accepted Answer

A) the statutory rule prevails. 
B) the case law takes precedence. 
C) both rules are ignored. 
D) the rule that was created first in time takes precedence. 
A) the statutory rule prevails. 
B) the case law takes precedence. 
C) both rules are ignored. 
D) the rule that was created first in time takes precedence.

Question 13

Legislation is law made by:

Accepted Answer

A) the courts. 
B) the High Court of Australia. 
C) the executive government. 
D) the parliament. 
A) the courts. 
B) the High Court of Australia. 
C) the executive government. 
D) the parliament.

Question 14

Which of the following is not a specific rule of statutory interpretation?

Accepted Answer

A) The mischief rule 
B) The context rule 
C) The class rule 
D) The rule of precedent 
A) The mischief rule 
B) The context rule 
C) The class rule 
D) The rule of precedent

Question 15

The ratio decidendi of a case is/are the:

Accepted Answer

A) material facts of the case. 
B) legal rule or principle upon which the final decision is based. 
C) final decision of the court. 
D) written record of the decision. 
A) material facts of the case. 
B) legal rule or principle upon which the final decision is based. 
C) final decision of the court. 
D) written record of the decision.

Question 16

Which of the following is not a scenario where the courts are willing to admit extrinsic material to assist in statutory interpretation?

Accepted Answer

A) Where there is ambiguity in the text of the Act. 
B) Where there is no ambiguity in the text of the Act but where the extrinsic material confirms the meaning of the text. 
C) To challenge the clear meaning of the text of the Act even where there is no ambiguity. 
D) To assist in understanding the purpose or object underlying the Act where the meaning of the text of the Act is unclear. 
A) Where there is ambiguity in the text of the Act. 
B) Where there is no ambiguity in the text of the Act but where the extrinsic material confirms the meaning of the text. 
C) To challenge the clear meaning of the text of the Act even where there is no ambiguity. 
D) To assist in understanding the purpose or object underlying the Act where the meaning of the text of the Act is unclear.

Question 17

Which of the following statements is not correct concerning the class rule of statutory interpretation?

Accepted Answer

A) The rule is sometimes referred to by its Latin name ejusdem generis. 
B) The rule emphasises the importance of immediate context. 
C) The rule states that where two or more general words are followed by specific words the specific words are interpreted to accord with the category created by the general words. 
D) The rule was applied in the decision of The People (DPP) v Farrell [1978] IR 13. 
A) The rule is sometimes referred to by its Latin name ejusdem generis. 
B) The rule emphasises the importance of immediate context. 
C) The rule states that where two or more general words are followed by specific words the specific words are interpreted to accord with the category created by the general words. 
D) The rule was applied in the decision of The People (DPP) v Farrell [1978] IR 13.

Question 18

All quadrupeds have four legs.The zebra is a quadruped.Therefore the zebra has four legs.This is an example of:

Accepted Answer

A) faulty reasoning. 
B) deductive reasoning. 
C) inductive reasoning. 
D) speculative reasoning. 
A) faulty reasoning. 
B) deductive reasoning. 
C) inductive reasoning. 
D) speculative reasoning.

Question 19

In the absence of express words to the contrary, which of the following should be presumed when interpreting legislation?

Accepted Answer

A) The legislation is intended to override established rules of international law. 
B) The legislation is intended to be extra-territorial. 
C) The legislation is intended to be retrospective. 
D) The legislation is not intended to contradict the constitution. 
A) The legislation is intended to override established rules of international law. 
B) The legislation is intended to be extra-territorial. 
C) The legislation is intended to be retrospective. 
D) The legislation is not intended to contradict the constitution.

Question 20

'Deductive reasoning' is:

Accepted Answer

A) the process of using a series of particular experiences to infer the existence of a general rule or principle. 
B) the process of using one or more general rules or principles to predict a particular experience. 
C) the use of extrinsic materials to assist in the interpretation of legislation. 
D) the application of the general and specific rules regarding the reading and interpretation of legal texts. 
A) the process of using a series of particular experiences to infer the existence of a general rule or principle. 
B) the process of using one or more general rules or principles to predict a particular experience. 
C) the use of extrinsic materials to assist in the interpretation of legislation. 
D) the application of the general and specific rules regarding the reading and interpretation of legal texts.

In the context of a case report, the 'legal issue' is:

The golden rule is to be applied when:

The most efficient method of locating legislation is:

Obiter dicta is:

The 'literal rule' is a rule of interpretation according to which:

A 'schedule' to an Act of Parliament is:

'Statutory interpretation' is:

Which of the following statements about the case citation Donoghue v Stevenson [1932] AC 562 is incorrect?

When interpreting laws that impose a penalty, we should favour the interpretation that:

Which of the following is not one of the provisions of the Acts Interpretation Act 1954 (Qld), a statute designed to make the interpretation of legislation simpler and easier?

Which of the following statements is not true of the process of legal reasoning?

In the event of a conflict or inconsistency between case law and a statutory rule:

Legislation is law made by:

Which of the following is not a specific rule of statutory interpretation?

The ratio decidendi of a case is/are the:

Which of the following is not a scenario where the courts are willing to admit extrinsic material to assist in statutory interpretation?

Which of the following statements is not correct concerning the class rule of statutory interpretation?

All quadrupeds have four legs.The zebra is a quadruped.Therefore the zebra has four legs.This is an example of:

In the absence of express words to the contrary, which of the following should be presumed when interpreting legislation?

'Deductive reasoning' is:

Business and the Law

The Australian Legal System

Politicians and Judges

Deliberately Causing Harm

Carelessly Causing Harm

Contract Law: Formation of the Contract

Contract Law: Terms of the Contract

Contract Law: Enforcement of the Contract

Contract Law: Working With Agents

Dealing With Consumers

Dealing With Competitors

Protecting Ip

Managing a Business: Start-Up

Managing a Business: Business Ownership

Managing a Business: Companies and Corporate Governance

Managing a Business: Making Payments and Recovering Debts

Managing a Business: Insurance and Taxes

Managing a Business: Employing Workers

Managing a Business: Closing Down

Filters

Exam 4: How to Find, Understand and Use the Law

In the context of a case report, the 'legal issue' is:

The golden rule is to be applied when:

The most efficient method of locating legislation is:

Obiter dicta is:

The 'literal rule' is a rule of interpretation according to which:

A 'schedule' to an Act of Parliament is:

'Statutory interpretation' is:

Which of the following statements about the case citation Donoghue v Stevenson [1932] AC 562 is incorrect?

When interpreting laws that impose a penalty, we should favour the interpretation that:

Which of the following is not one of the provisions of the Acts Interpretation Act 1954 (Qld), a statute designed to make the interpretation of legislation simpler and easier?

Which of the following statements is not true of the process of legal reasoning?

In the event of a conflict or inconsistency between case law and a statutory rule:

Legislation is law made by:

Which of the following is not a specific rule of statutory interpretation?

The ratio decidendi of a case is/are the:

Which of the following is not a scenario where the courts are willing to admit extrinsic material to assist in statutory interpretation?

Which of the following statements is not correct concerning the class rule of statutory interpretation?

All quadrupeds have four legs.The zebra is a quadruped.Therefore the zebra has four legs.This is an example of:

In the absence of express words to the contrary, which of the following should be presumed when interpreting legislation?

'Deductive reasoning' is:

Business and the Law

The Australian Legal System

Politicians and Judges

Deliberately Causing Harm

Carelessly Causing Harm

Contract Law: Formation of the Contract

Contract Law: Terms of the Contract

Contract Law: Enforcement of the Contract

Contract Law: Working With Agents

Dealing With Consumers

Dealing With Competitors

Protecting Ip

Managing a Business: Start-Up

Managing a Business: Business Ownership

Managing a Business: Companies and Corporate Governance

Managing a Business: Making Payments and Recovering Debts

Managing a Business: Insurance and Taxes

Managing a Business: Employing Workers

Managing a Business: Closing Down

Filters