Question 1

'Austlii' is:

Accepted Answer

A) a legal website providing free online access to legal resources. 
B) a legal institute in Canberra where Federal legislation is drafted. 
C) a leading Australian publishing company that produces legal textbooks. 
D) a website that provides online access to case law and legislation for paying subscribers. 
A) a legal website providing free online access to legal resources. 
B) a legal institute in Canberra where Federal legislation is drafted. 
C) a leading Australian publishing company that produces legal textbooks. 
D) a website that provides online access to case law and legislation for paying subscribers.

Question 2

'Inductive 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.

Question 3

Which of the following is not a step for drafting a simple contract?

Accepted Answer

A) Prepare an outline. 
B) Test and revise the contract. 
C) Send the contract to the police to ensure that it is legal. 
D) Proofread the contract. 
A) Prepare an outline. 
B) Test and revise the contract. 
C) Send the contract to the police to ensure that it is legal. 
D) Proofread the contract.

Question 4

A 'law report' is:

Accepted Answer

A) an article published by the media concerning a public court hearing. 
B) a transcript of proceedings prepared by the court reporter and available at the end of each day of trial. 
C) a published compilation of judicial decisions. 
D) a bulletin circulated to legal professionals containing particulars of developments in the law. 
A) an article published by the media concerning a public court hearing. 
B) a transcript of proceedings prepared by the court reporter and available at the end of each day of trial. 
C) a published compilation of judicial decisions. 
D) a bulletin circulated to legal professionals containing particulars of developments in the law.

Question 5

'Primary legal materials' are:

Accepted Answer

A) the most important and valuable legal materials. 
B) journal articles by respected legal commentators. 
C) texts published by leading legal publishers. 
D) case law and legislation. 
A) the most important and valuable legal materials. 
B) journal articles by respected legal commentators. 
C) texts published by leading legal publishers. 
D) case law and legislation.

Question 6

The language in legal texts in general, and in legislation in particular, can be difficult to understand because:

Accepted Answer

A) the drafters want ordinary people to misunderstand the language in the legal text. 
B) it is written in Latin. 
C) the font is archaic. 
D) laws are usually drafted in as precise a manner as possible to make it more difficult for judges and citizens to misinterpret the parliament's intention. 
A) the drafters want ordinary people to misunderstand the language in the legal text. 
B) it is written in Latin. 
C) the font is archaic. 
D) laws are usually drafted in as precise a manner as possible to make it more difficult for judges and citizens to misinterpret the parliament's intention.

Question 7

Section 15AB of the Acts Interpretation Act 1901 (Cth) states that a court may refer to certain 'extrinsic' documents when interpreting legislation.Which of the following is not listed in the section?

Accepted Answer

A) A relevant report of a Royal Commission 
B) A treaty or other international agreement referred to in the Act 
C) An explanatory memorandum relating to the Bill containing the provision that requires interpretation 
D) A decision of a higher court within the same hierarchy 
A) A relevant report of a Royal Commission 
B) A treaty or other international agreement referred to in the Act 
C) An explanatory memorandum relating to the Bill containing the provision that requires interpretation 
D) A decision of a higher court within the same hierarchy

Question 8

Legislation is often difficult to draft precisely because:

Accepted Answer

A) words possess the precision of mathematical symbols. 
B) language is, by its very nature, precise. 
C) there are many ways that words and phrases can be misunderstood. 
D) very few words have more than one meaning. 
A) words possess the precision of mathematical symbols. 
B) language is, by its very nature, precise. 
C) there are many ways that words and phrases can be misunderstood. 
D) very few words have more than one meaning.

Question 9

The decision of Lee v Knapp [1967] 2 QB 442 is an example of the judicial application of the:

Accepted Answer

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

Question 10

Secondary legal materials do not include:

Accepted Answer

A) law textbooks. 
B) legal encyclopaedias. 
C) legal dictionaries. 
D) legislation. 
A) law textbooks. 
B) legal encyclopaedias. 
C) legal dictionaries. 
D) legislation.

Question 11

According to the 'give each to each' rule of common law presumptions to statutory interpretation:

Accepted Answer

A) the meaning of a word or phrase is to be derived from its context. 
B) where two or more specific words are followed by general words the general words are interpreted to accord with the class created by the specific words. 
C) where two offences are followed by two penalties the first penalty applies to the first offence and the second penalty applies to the second offence. 
D) if the legal text expressly states that it is to apply to certain specific things, then things not expressly included are by implication excluded. 
A) the meaning of a word or phrase is to be derived from its context. 
B) where two or more specific words are followed by general words the general words are interpreted to accord with the class created by the specific words. 
C) where two offences are followed by two penalties the first penalty applies to the first offence and the second penalty applies to the second offence. 
D) if the legal text expressly states that it is to apply to certain specific things, then things not expressly included are by implication excluded.

Question 12

The 'golden rule' is a rule of legal interpretation according to which:

Accepted Answer

A) a legal text should be interpreted in a manner consistent with the intention of the legislature. 
B) a legal text should be interpreted literally. 
C) a legal text should be interpreted carefully and respectfully. 
D) a legal text should be interpreted literally unless such an interpretation leads to a result that is absurd or inconsistent with the rest of the document, in which case the literal interpretation should be modified to avoid the absurdity or inconsistency. 
A) a legal text should be interpreted in a manner consistent with the intention of the legislature. 
B) a legal text should be interpreted literally. 
C) a legal text should be interpreted carefully and respectfully. 
D) a legal text should be interpreted literally unless such an interpretation leads to a result that is absurd or inconsistent with the rest of the document, in which case the literal interpretation should be modified to avoid the absurdity or inconsistency.

Question 13

The term ratio decidendi literally means:

Accepted Answer

A) reason for the decision. 
B) saying by the way. 
C) binding law. 
D) persuasive law. 
A) reason for the decision. 
B) saying by the way. 
C) binding law. 
D) persuasive law.

Question 14

A possible disadvantage of a plain language approach to the drafting of legislation is:

Accepted Answer

A) the legislation may not be drafted precisely. 
B) everyone can understand the law. 
C) the legislation will be too complicated. 
D) the legislation will be too lengthy. 
A) the legislation may not be drafted precisely. 
B) everyone can understand the law. 
C) the legislation will be too complicated. 
D) the legislation will be too lengthy.

Question 15

Which of the following is an argument most in favour of the literal approach to statutory interpretation of a legal text?

Accepted Answer

A) It is unreasonable to assume that every text has been carefully drafted.It is possible that a reader will encounter inconsistency or ambiguity in a text. 
B) The law is made by Parliament and it is our duty to obey that law in accordance with the ordinary and natural meaning of the language used to express the law. 
C) The ordinary and natural meaning of the words used in the text will not always reveal the meaning of the text. 
D) The provisions of the Commonwealth Acts Interpretation Act may be criticised as an inappropriate attempt by the legislature to intrude on the judiciary's role in the interpretation of legislation. 
A) It is unreasonable to assume that every text has been carefully drafted.It is possible that a reader will encounter inconsistency or ambiguity in a text. 
B) The law is made by Parliament and it is our duty to obey that law in accordance with the ordinary and natural meaning of the language used to express the law. 
C) The ordinary and natural meaning of the words used in the text will not always reveal the meaning of the text. 
D) The provisions of the Commonwealth Acts Interpretation Act may be criticised as an inappropriate attempt by the legislature to intrude on the judiciary's role in the interpretation of legislation.

Question 16

Legal encyclopaedias and law textbooks are:

Accepted Answer

A) statutory materials. 
B) case law materials. 
C) secondary materials. 
D) primary materials. 
A) statutory materials. 
B) case law materials. 
C) secondary materials. 
D) primary materials.

Question 17

The 'golden rule' is the rule of legal interpretation that provides:

Accepted Answer

A) a text should be interpreted literally unless such an interpretation leads to a result which is absurd or inconsistent with the rest of the document. 
B) literal interpretation of a text should be generally avoided. 
C) the grammatical and ordinary sense of words can be ignored whenever the trial judge considers it appropriate. 
D) a text should only be read literally where failing to do so would lead to an absurd result. 
A) a text should be interpreted literally unless such an interpretation leads to a result which is absurd or inconsistent with the rest of the document. 
B) literal interpretation of a text should be generally avoided. 
C) the grammatical and ordinary sense of words can be ignored whenever the trial judge considers it appropriate. 
D) a text should only be read literally where failing to do so would lead to an absurd result.

Question 18

In the context of a case report, obiter dicta is:

Accepted Answer

A) the factual circumstances relied on by the judge 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 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 19

Basic legal skills appropriate for non-lawyers do not include:

Accepted Answer

A) legal reading skills. 
B) legal writing skills. 
C) legal reasoning skills. 
D) legal advising skills. 
A) legal reading skills. 
B) legal writing skills. 
C) legal reasoning skills. 
D) legal advising skills.

Question 20

Knowing the law can help non-lawyers to:
i.avoid serious legal problems before they arise.
ii.better organise their business and personal lives.
iii.give professional legal advice.
iv.be aware of their rights and obligations in everyday transactions.

Accepted Answer

A) i, ii, iii. 
B) ii, iii, iv. 
C) i, iii, iv. 
D) i, ii, iv. 
A) i, ii, iii. 
B) ii, iii, iv. 
C) i, iii, iv. 
D) i, ii, iv.

'Austlii' is:

'Inductive reasoning' is:

Which of the following is not a step for drafting a simple contract?

A 'law report' is:

'Primary legal materials' are:

The language in legal texts in general, and in legislation in particular, can be difficult to understand because:

Section 15AB of the Acts Interpretation Act 1901 (Cth) states that a court may refer to certain 'extrinsic' documents when interpreting legislation.Which of the following is not listed in the section?

Legislation is often difficult to draft precisely because:

The decision of Lee v Knapp [1967] 2 QB 442 is an example of the judicial application of the:

Secondary legal materials do not include:

According to the 'give each to each' rule of common law presumptions to statutory interpretation:

The 'golden rule' is a rule of legal interpretation according to which:

The term ratio decidendi literally means:

A possible disadvantage of a plain language approach to the drafting of legislation is:

Which of the following is an argument most in favour of the literal approach to statutory interpretation of a legal text?

Legal encyclopaedias and law textbooks are:

The 'golden rule' is the rule of legal interpretation that provides:

In the context of a case report, obiter dicta is:

Basic legal skills appropriate for non-lawyers do not include:

Knowing the law can help non-lawyers to: i.avoid serious legal problems before they arise. ii.better organise their business and personal lives. iii.give professional legal advice. iv.be aware of their rights and obligations in everyday transactions.

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

'Austlii' is:

'Inductive reasoning' is:

Which of the following is not a step for drafting a simple contract?

A 'law report' is:

'Primary legal materials' are:

The language in legal texts in general, and in legislation in particular, can be difficult to understand because:

Section 15AB of the Acts Interpretation Act 1901 (Cth) states that a court may refer to certain 'extrinsic' documents when interpreting legislation.Which of the following is not listed in the section?

Legislation is often difficult to draft precisely because:

The decision of Lee v Knapp [1967] 2 QB 442 is an example of the judicial application of the:

Secondary legal materials do not include:

According to the 'give each to each' rule of common law presumptions to statutory interpretation:

The 'golden rule' is a rule of legal interpretation according to which:

The term ratio decidendi literally means:

A possible disadvantage of a plain language approach to the drafting of legislation is:

Which of the following is an argument most in favour of the literal approach to statutory interpretation of a legal text?

Legal encyclopaedias and law textbooks are:

The 'golden rule' is the rule of legal interpretation that provides:

In the context of a case report, obiter dicta is:

Basic legal skills appropriate for non-lawyers do not include:

Knowing the law can help non-lawyers to: i.avoid serious legal problems before they arise. ii.better organise their business and personal lives. iii.give professional legal advice. iv.be aware of their rights and obligations in everyday transactions.

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