Question 1

Legislation is law made by:

Accepted Answer

A) judges. 
B) the executive. 
C) the legislature. 
D) God. 
A) judges. 
B) the executive. 
C) the legislature. 
D) God.

Question 2

In the context of a case report, the ratio decidendi 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.

Question 3

According to Higgins J in Amalgamated Society of Engineers v the Adelaide Steamship Co Ltd (1920) 28 CLR 129:

Accepted Answer

A) the fundamental rule of interpretation is that a statute should be read according to the conventions of society at that time. 
B) the intention of parliament in making legislation is irrelevant to interpretation of that legislation. 
C) the question is not what the language of a statute means but rather what we think parliament intended it to mean. 
D) the language of a statute must be interpreted according to its ordinary and natural sense even where the result may be inconvenient, impolitic or improbable. 
A) the fundamental rule of interpretation is that a statute should be read according to the conventions of society at that time. 
B) the intention of parliament in making legislation is irrelevant to interpretation of that legislation. 
C) the question is not what the language of a statute means but rather what we think parliament intended it to mean. 
D) the language of a statute must be interpreted according to its ordinary and natural sense even where the result may be inconvenient, impolitic or improbable.

Question 4

The purposive approach is a rule of interpretation according to which legislation is interpreted:

Accepted Answer

A) in such a manner as to promote the objective of the legislature. 
B) in such a manner as to remedy the mischief underlying the text. 
C) so as to avoid any absurdity and inconsistency in the text. 
D) literally. 
A) in such a manner as to promote the objective of the legislature. 
B) in such a manner as to remedy the mischief underlying the text. 
C) so as to avoid any absurdity and inconsistency in the text. 
D) literally.

Question 5

The purposive approach has been criticised as an inappropriate rule of interpretation because:

Accepted Answer

A) it is seen as an attempt by the legislature to intrude upon the judiciary's role in the interpretation of legislation. 
B) it can lead to absurdity and inconsistency. 
C) it undermines the courts' authority to make binding decisions. 
D) it is outdated. 
A) it is seen as an attempt by the legislature to intrude upon the judiciary's role in the interpretation of legislation. 
B) it can lead to absurdity and inconsistency. 
C) it undermines the courts' authority to make binding decisions. 
D) it is outdated.

Question 6

Case law is law made by:

Accepted Answer

A) parliaments. 
B) judges. 
C) politicians. 
D) tribunals. 
A) parliaments. 
B) judges. 
C) politicians. 
D) tribunals.

Question 7

When a judge delivers their decision:

Accepted Answer

A) they simply state the decision and do not provide any explanation as to how it was reached. 
B) they usually do not explain which evidence was accepted and which evidence was rejected. 
C) there is rarely any indication as to the legal principles relied upon in reaching the decision. 
D) they explain how the decision was reached including the evidence that was accepted and the legal principles that were relied upon. 
A) they simply state the decision and do not provide any explanation as to how it was reached. 
B) they usually do not explain which evidence was accepted and which evidence was rejected. 
C) there is rarely any indication as to the legal principles relied upon in reaching the decision. 
D) they explain how the decision was reached including the evidence that was accepted and the legal principles that were relied upon.

Question 8

Which of the following correctly follows the form of a criminal case citation?

Accepted Answer

A) Mark v Johnson [1999] ALR 777. 
B) R v Johnson [1999] ALR 777. 
C) Crown v Johnson [1999] ALR 777. 
D) Cr v Johnson [1999] ALR 777. 
A) Mark v Johnson [1999] ALR 777. 
B) R v Johnson [1999] ALR 777. 
C) Crown v Johnson [1999] ALR 777. 
D) Cr v Johnson [1999] ALR 777.

Question 9

Which of the following statements concerning clarity when writing a legal text is incorrect?

Accepted Answer

A) When writing a legal text, you should think about how complex you can make it. 
B) When writing a legal text in plain language, you should think about structure. 
C) You should think about the language used and the choice of words. 
D) You should help the reader by making important information easy to find and use a font that is easy to read. 
A) When writing a legal text, you should think about how complex you can make it. 
B) When writing a legal text in plain language, you should think about structure. 
C) You should think about the language used and the choice of words. 
D) You should help the reader by making important information easy to find and use a font that is easy to read.

Question 10

According to the literal rule of legal interpretation:

Accepted Answer

A) when reading a text we should try to work out what the author intended to say rather than focusing on the actual words used. 
B) when interpreting a text the intention of the author should be preferred over the ordinary, natural meaning of words. 
C) if reading a text literally produces an interpretation not intended by the author it is appropriate to interpret language in the spirit that it was intended. 
D) we should always read a legal text literally, with words and phrases given their ordinary and natural meanings. 
A) when reading a text we should try to work out what the author intended to say rather than focusing on the actual words used. 
B) when interpreting a text the intention of the author should be preferred over the ordinary, natural meaning of words. 
C) if reading a text literally produces an interpretation not intended by the author it is appropriate to interpret language in the spirit that it was intended. 
D) we should always read a legal text literally, with words and phrases given their ordinary and natural meanings.

Question 11

Which of the following is not a secondary source of law?

Accepted Answer

A) Law textbooks 
B) Law journal articles 
C) Legislation 
D) Legal dictionaries 
A) Law textbooks 
B) Law journal articles 
C) Legislation 
D) Legal dictionaries

Question 12

The term ratio decidendi refers to:

Accepted Answer

A) the part of a judge's written decision that states the legal principle upon which the decision is based, which part becomes binding law. 
B) that part of the judge's decision not relevant to determination of the legal question upon which the judgement is based. 
C) a judge's remarks concerning matters other than the legal principle upon which the final decision is based. 
D) the part of the judge's decision that is not binding precedent. 
A) the part of a judge's written decision that states the legal principle upon which the decision is based, which part becomes binding law. 
B) that part of the judge's decision not relevant to determination of the legal question upon which the judgement is based. 
C) a judge's remarks concerning matters other than the legal principle upon which the final decision is based. 
D) the part of the judge's decision that is not binding precedent.

Question 13

Consider the case name Smith et al.v Jones.The 'et al.' means:

Accepted Answer

A) Smith is not represented by a lawyer. 
B) Smith is a minor. 
C) 'and lawyer'. 
D) Jones has a dispute with Smith and a number of other people. 
A) Smith is not represented by a lawyer. 
B) Smith is a minor. 
C) 'and lawyer'. 
D) Jones has a dispute with Smith and a number of other people.

Question 14

To locate a case law authority:

Accepted Answer

A) we refer to the name of the judge who made the decision. 
B) we refer to the case citation. 
C) we refer to the relevant legislation. 
D) we refer to a legal dictionary. 
A) we refer to the name of the judge who made the decision. 
B) we refer to the case citation. 
C) we refer to the relevant legislation. 
D) we refer to a legal dictionary.

Question 15

Case law is found in:

Accepted Answer

A) Acts of Parliament. 
B) law textbooks. 
C) law dictionaries. 
D) law reports. 
A) Acts of Parliament. 
B) law textbooks. 
C) law dictionaries. 
D) law reports.

Question 16

Which of the following is not a reason why language in legal texts is difficult to read?

Accepted Answer

A) When legislation is drafted, it is done in a detailed manner to avoid misinterpretation. 
B) Lawyers tend to draft needlessly long documents to make things easier for themselves. 
C) The use of latin terms. 
D) It is the intention of parliament to confuse citizens about the law. 
A) When legislation is drafted, it is done in a detailed manner to avoid misinterpretation. 
B) Lawyers tend to draft needlessly long documents to make things easier for themselves. 
C) The use of latin terms. 
D) It is the intention of parliament to confuse citizens about the law.

Question 17

When reading a legal text, the first rule to apply is the:

Accepted Answer

A) golden rule. 
B) mischief rule. 
C) literal rule. 
D) class rule. 
A) golden rule. 
B) mischief rule. 
C) literal rule. 
D) class rule.

Question 18

The various Interpretation Acts encourage the use of:

Accepted Answer

A) the purposive approach. 
B) the golden rule. 
C) the literal rule. 
D) the mischief rule. 
A) the purposive approach. 
B) the golden rule. 
C) the literal rule. 
D) the mischief rule.

Question 19

Julian is a keen cyclist.He is given some lycra bike pants pursuant to an agreement with his sponsor.He does not need the pants and casually asks his workmate Jeremy whether he would be interested in them.Jeremy says that he is and Julian delivers them to Jeremy's apartment.The next day Julian emails Jeremy asking him to transfer $500 into his bank account in payment for the bike pants.Jeremy refuses and Julian threatens legal action.The principal legal issue for determination by the court will be:

Accepted Answer

A) whether Julian and Jeremy had entered into a binding contract for sale of the bike pants. 
B) whether Julian acted in an ethical way. 
C) whether Jeremy can return the shorts to Julian because they are the wrong size and colour and not flattering. 
D) whether $500 is a reasonable price for the shorts. 
A) whether Julian and Jeremy had entered into a binding contract for sale of the bike pants. 
B) whether Julian acted in an ethical way. 
C) whether Jeremy can return the shorts to Julian because they are the wrong size and colour and not flattering. 
D) whether $500 is a reasonable price for the shorts.

Question 20

Before we apply the law to solve a legal problem we need to:

Accepted Answer

A) identify an appropriate solution. 
B) locate the law relevant to the legal problem. 
C) consult a lawyer. 
D) identify the consequences of the various possible conclusions. 
A) identify an appropriate solution. 
B) locate the law relevant to the legal problem. 
C) consult a lawyer. 
D) identify the consequences of the various possible conclusions.

Legislation is law made by:

In the context of a case report, the ratio decidendi is:

According to Higgins J in Amalgamated Society of Engineers v the Adelaide Steamship Co Ltd (1920) 28 CLR 129:

The purposive approach is a rule of interpretation according to which legislation is interpreted:

The purposive approach has been criticised as an inappropriate rule of interpretation because:

Case law is law made by:

When a judge delivers their decision:

Which of the following correctly follows the form of a criminal case citation?

Which of the following statements concerning clarity when writing a legal text is incorrect?

According to the literal rule of legal interpretation:

Which of the following is not a secondary source of law?

The term ratio decidendi refers to:

Consider the case name Smith et al.v Jones.The 'et al.' means:

To locate a case law authority:

Case law is found in:

Which of the following is not a reason why language in legal texts is difficult to read?

When reading a legal text, the first rule to apply is the:

The various Interpretation Acts encourage the use of:

Before we apply the law to solve a legal problem we need to:

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

Legislation is law made by:

In the context of a case report, the ratio decidendi is:

According to Higgins J in Amalgamated Society of Engineers v the Adelaide Steamship Co Ltd (1920) 28 CLR 129:

The purposive approach is a rule of interpretation according to which legislation is interpreted:

The purposive approach has been criticised as an inappropriate rule of interpretation because:

Case law is law made by:

When a judge delivers their decision:

Which of the following correctly follows the form of a criminal case citation?

Which of the following statements concerning clarity when writing a legal text is incorrect?

According to the literal rule of legal interpretation:

Which of the following is not a secondary source of law?

The term ratio decidendi refers to:

Consider the case name Smith et al.v Jones.The 'et al.' means:

To locate a case law authority:

Case law is found in:

Which of the following is not a reason why language in legal texts is difficult to read?

When reading a legal text, the first rule to apply is the:

The various Interpretation Acts encourage the use of:

Before we apply the law to solve a legal problem we need to:

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