Question 1

The phrase 'distinguishing the precedent' refers to:

Accepted Answer

A) highlighting the similarities between a precedent and the present case in order to justify following the precedent. 
B) presenting a persuasive argument at trial in order to convince a trial judge that a precedent should be followed. 
C) the decision of the trial judge to follow a precedent and apply it to the facts of the case before him or her. 
D) the decision of a judge to deviate from a precedent because of significant differences in the material facts of the present case. 
A) highlighting the similarities between a precedent and the present case in order to justify following the precedent. 
B) presenting a persuasive argument at trial in order to convince a trial judge that a precedent should be followed. 
C) the decision of the trial judge to follow a precedent and apply it to the facts of the case before him or her. 
D) the decision of a judge to deviate from a precedent because of significant differences in the material facts of the present case. D

Question 2

At trial each party to the proceedings is entitled to present different types of evidence in support of their opposing arguments.These types do not include:

Accepted Answer

A) hearsay. 
B) testimony. 
C) real evidence. 
D) circumstantial evidence. 
A) hearsay. 
B) testimony. 
C) real evidence. 
D) circumstantial evidence. A

Question 3

In Queensland, the mechanism for resolving parliamentary deadlocks is:

Accepted Answer

A) provided for in the Constitution of Queensland. 
B) subject to the authority of the Governor of Queensland. 
C) a double dissolution of State parliament and the holding of a State election. 
D) not necessary because in Queensland there is only one House of Parliament. 
A) provided for in the Constitution of Queensland. 
B) subject to the authority of the Governor of Queensland. 
C) a double dissolution of State parliament and the holding of a State election. 
D) not necessary because in Queensland there is only one House of Parliament. D

Question 4

The power to call for a double dissolution in the event of a deadlocked federal parliament is given to the Governor-General by:

Accepted Answer

A) the Queen or King of England. 
B) the Prime Minister of Australia. 
C) the High Court of Australia. 
D) section 57 of the Australian Constitution. 
A) the Queen or King of England. 
B) the Prime Minister of Australia. 
C) the High Court of Australia. 
D) section 57 of the Australian Constitution.

Question 5

Mediation is a form of alternative dispute resolution.Mediation is:

Accepted Answer

A) a process of dispute resolution where a third party, called a mediator, assists the party to settle the dispute themselves. 
B) where the parties appear before an independent third person who considers the merits of each case and then makes a decision that is binding on both parties. 
C) where the parties' legal representatives engage in direct negotiation. 
D) where the parties informally discuss the merits of their arguments in a judge's chambers. 
A) a process of dispute resolution where a third party, called a mediator, assists the party to settle the dispute themselves. 
B) where the parties appear before an independent third person who considers the merits of each case and then makes a decision that is binding on both parties. 
C) where the parties' legal representatives engage in direct negotiation. 
D) where the parties informally discuss the merits of their arguments in a judge's chambers.

Question 6

The doctrine of precedent states that:

Accepted Answer

A) when making a decision on a question of law, the court must do so consistently with the earlier decisions of other courts in cases with similar facts. 
B) when making a decision on a question of law, the court must do so consistently with the earlier decisions of superior courts in the same court hierarchy in cases with similar facts. 
C) when making a decision on a question of law, the court must do so consistently with the earlier decisions of lower courts in the same court hierarchy in cases with similar facts. 
D) when making a decision on a question of law, the court must do so consistently with the earlier decisions of other courts. 
A) when making a decision on a question of law, the court must do so consistently with the earlier decisions of other courts in cases with similar facts. 
B) when making a decision on a question of law, the court must do so consistently with the earlier decisions of superior courts in the same court hierarchy in cases with similar facts. 
C) when making a decision on a question of law, the court must do so consistently with the earlier decisions of lower courts in the same court hierarchy in cases with similar facts. 
D) when making a decision on a question of law, the court must do so consistently with the earlier decisions of other courts.

Question 7

Jury trials are available in certain courts.The use of a jury is intended to ensure the outcome of a trial is decided by a group of the defendant's peers.Juries are selected randomly from the electoral roll.Which of the following persons are not exempt from jury duty?

Accepted Answer

A) Convicted criminals 
B) Undischarged bankrupts 
C) Lawyers 
D) Persons belonging to certain religions 
A) Convicted criminals 
B) Undischarged bankrupts 
C) Lawyers 
D) Persons belonging to certain religions

Question 8

The power to make law at the Federal level of government is vested in:

Accepted Answer

A) the Federal Parliament. 
B) the High Court of Australia. 
C) the Prime Minister. 
D) the Governor-General. 
A) the Federal Parliament. 
B) the High Court of Australia. 
C) the Prime Minister. 
D) the Governor-General.

Question 9

In England, the Curia Regis evolved into a bicameral parliament.The Upper House of that parliament is known as:

Accepted Answer

A) the House of Tenants-in-Chief and Ecclesiastics. 
B) the House of Commons. 
C) the House of Lords. 
D) the House of Elected Knights and Citizens. 
A) the House of Tenants-in-Chief and Ecclesiastics. 
B) the House of Commons. 
C) the House of Lords. 
D) the House of Elected Knights and Citizens.

Question 10

Following the signing of the Magna Carta by King John in 1215:

Accepted Answer

A) the power of the monarch was limited by the requirement that he summon and consult the Council prior to making certain laws. 
B) the King's bishops, abbots and other leaders formed Great Councils with the responsibility of discussing and debating important issues and advising the King. 
C) William the Conqueror established himself as King William I. 
D) the Norman monarchs established the Curia Regis or King's Council, the membership of which included powerful landowners. 
A) the power of the monarch was limited by the requirement that he summon and consult the Council prior to making certain laws. 
B) the King's bishops, abbots and other leaders formed Great Councils with the responsibility of discussing and debating important issues and advising the King. 
C) William the Conqueror established himself as King William I. 
D) the Norman monarchs established the Curia Regis or King's Council, the membership of which included powerful landowners.

Question 11

The 'burden of proof' is:

Accepted Answer

A) the obligation of the plaintiff to produce sufficient evidence to establish the truth of his or her version of the facts. 
B) the amount of proof required in a trial for the plaintiff or Crown to prove their case. 
C) the requirement in civil trials that the Crown must prove the defendant's guilt beyond all reasonable doubt. 
D) the requirement in criminal trials that the court must find on the balance of probabilities that the plaintiff has proven his or her version of facts. 
A) the obligation of the plaintiff to produce sufficient evidence to establish the truth of his or her version of the facts. 
B) the amount of proof required in a trial for the plaintiff or Crown to prove their case. 
C) the requirement in civil trials that the Crown must prove the defendant's guilt beyond all reasonable doubt. 
D) the requirement in criminal trials that the court must find on the balance of probabilities that the plaintiff has proven his or her version of facts.

Question 12

In the context of the Australian court system, the term 'jurisdiction' refers to:

Accepted Answer

A) the extent of the power and authority conferred upon a court. 
B) the hierarchical structure of the courts. 
C) whether proceedings are criminal or civil in nature. 
D) the burden of proof imposed on the plaintiff to the proceedings. 
A) the extent of the power and authority conferred upon a court. 
B) the hierarchical structure of the courts. 
C) whether proceedings are criminal or civil in nature. 
D) the burden of proof imposed on the plaintiff to the proceedings.

Question 13

Which of the following would be considered a 'leading question' when asked by a barrister to a witness during examination in chief?

Accepted Answer

A) 'Do you own any unregistered firearms?' 
B) 'What did you see on the night in question?' 
C) 'Where did you go after you left the nightclub?' 
D) 'Did you see the defendant shoot the victim in the head?' 
A) 'Do you own any unregistered firearms?' 
B) 'What did you see on the night in question?' 
C) 'Where did you go after you left the nightclub?' 
D) 'Did you see the defendant shoot the victim in the head?'

Question 14

Maxwell is considering bringing civil action against William with respect to the theft of his bicycle.Maxwell consults a solicitor who advises him to carefully consider various matters before bringing proceedings.Those matters are not likely to include which of the following?

Accepted Answer

A) The possibility that Maxwell might not be able to prove that William stole his bicycle. 
B) The fact that the cost of the litigation will probably outweigh the cost of the bicycle. 
C) The delay involved in conducting litigation. 
D) The prospect that Maxwell's legal action might hurt William's feelings. 
A) The possibility that Maxwell might not be able to prove that William stole his bicycle. 
B) The fact that the cost of the litigation will probably outweigh the cost of the bicycle. 
C) The delay involved in conducting litigation. 
D) The prospect that Maxwell's legal action might hurt William's feelings.

Question 15

Which of the following statements is incorrect? The doctrine of precedent:

Accepted Answer

A) is sometimes referred to by its Latin name stare decisis. 
B) is important in ensuring consistency in case law. 
C) provides that a judge deciding a question of law must decide that question in the same way as was done previously by an earlier court. 
D) contributes to the unpredictability of the law. 
A) is sometimes referred to by its Latin name stare decisis. 
B) is important in ensuring consistency in case law. 
C) provides that a judge deciding a question of law must decide that question in the same way as was done previously by an earlier court. 
D) contributes to the unpredictability of the law.

Question 16

Civil proceedings are commenced by:

Accepted Answer

A) a Statement of claim. 
B) a Counter claim. 
C) third party proceedings. 
D) a Defence. 
A) a Statement of claim. 
B) a Counter claim. 
C) third party proceedings. 
D) a Defence.

Question 17

According to section 58 of the Australian Constitution, a Bill that has been successfully passed by both Houses of Parliament is not law until it:

Accepted Answer

A) is approved by the Prime Minister. 
B) is endorsed by the Cabinet. 
C) has been affirmed by proclamation in the Government Gazette. 
D) receives the Royal Assent of the Crown representative. 
A) is approved by the Prime Minister. 
B) is endorsed by the Cabinet. 
C) has been affirmed by proclamation in the Government Gazette. 
D) receives the Royal Assent of the Crown representative.

Question 18

The role of a barrister in Australia includes:

Accepted Answer

A) dealing directly with members of the public. 
B) drafting contracts, drawing up wills, starting new businesses. 
C) briefing a solicitor to appear for them in court. 
D) arguing on behalf of a litigant in a court of law. 
A) dealing directly with members of the public. 
B) drafting contracts, drawing up wills, starting new businesses. 
C) briefing a solicitor to appear for them in court. 
D) arguing on behalf of a litigant in a court of law.

Question 19

According to the doctrine of precedent:

Accepted Answer

A) a judge is only obliged to follow decisions made by judges in higher courts within the same court hierarchy. 
B) a judge of the Supreme Court of Queensland is obliged to follow a decision made by the Queensland Magistrates court. 
C) a judge of the Supreme Court of Queensland must follow a decision made by the Supreme Court of New South Wales. 
D) a binding precedent is a previous decision about a question of fact that a judge must follow. 
A) a judge is only obliged to follow decisions made by judges in higher courts within the same court hierarchy. 
B) a judge of the Supreme Court of Queensland is obliged to follow a decision made by the Queensland Magistrates court. 
C) a judge of the Supreme Court of Queensland must follow a decision made by the Supreme Court of New South Wales. 
D) a binding precedent is a previous decision about a question of fact that a judge must follow.

Question 20

The various arguments against trial by jury do not include which of the following?

Accepted Answer

A) The competence of most juries is questionable. 
B) Juries may have difficulty understanding a judge's directions on matters of law. 
C) Jurors are often asked to perform the impossible, for example forgetting something they have heard. 
D) Jurors are not easily persuaded by barristers. 
A) The competence of most juries is questionable. 
B) Juries may have difficulty understanding a judge's directions on matters of law. 
C) Jurors are often asked to perform the impossible, for example forgetting something they have heard. 
D) Jurors are not easily persuaded by barristers.

The phrase 'distinguishing the precedent' refers to:

At trial each party to the proceedings is entitled to present different types of evidence in support of their opposing arguments.These types do not include:

In Queensland, the mechanism for resolving parliamentary deadlocks is:

The power to call for a double dissolution in the event of a deadlocked federal parliament is given to the Governor-General by:

Mediation is a form of alternative dispute resolution.Mediation is:

The doctrine of precedent states that:

Jury trials are available in certain courts.The use of a jury is intended to ensure the outcome of a trial is decided by a group of the defendant's peers.Juries are selected randomly from the electoral roll.Which of the following persons are not exempt from jury duty?

The power to make law at the Federal level of government is vested in:

In England, the Curia Regis evolved into a bicameral parliament.The Upper House of that parliament is known as:

Following the signing of the Magna Carta by King John in 1215:

The 'burden of proof' is:

In the context of the Australian court system, the term 'jurisdiction' refers to:

Which of the following would be considered a 'leading question' when asked by a barrister to a witness during examination in chief?

Maxwell is considering bringing civil action against William with respect to the theft of his bicycle.Maxwell consults a solicitor who advises him to carefully consider various matters before bringing proceedings.Those matters are not likely to include which of the following?

Which of the following statements is incorrect? The doctrine of precedent:

Civil proceedings are commenced by:

According to section 58 of the Australian Constitution, a Bill that has been successfully passed by both Houses of Parliament is not law until it:

The role of a barrister in Australia includes:

According to the doctrine of precedent:

The various arguments against trial by jury do not include which of the following?

Business and the Law

The Australian Legal System

How to Find, Understand and Use the Law

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

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Exam 3: Politicians and Judges

The phrase 'distinguishing the precedent' refers to:

At trial each party to the proceedings is entitled to present different types of evidence in support of their opposing arguments.These types do not include:

In Queensland, the mechanism for resolving parliamentary deadlocks is:

The power to call for a double dissolution in the event of a deadlocked federal parliament is given to the Governor-General by:

Mediation is a form of alternative dispute resolution.Mediation is:

The doctrine of precedent states that:

Jury trials are available in certain courts.The use of a jury is intended to ensure the outcome of a trial is decided by a group of the defendant's peers.Juries are selected randomly from the electoral roll.Which of the following persons are not exempt from jury duty?

The power to make law at the Federal level of government is vested in:

In England, the Curia Regis evolved into a bicameral parliament.The Upper House of that parliament is known as:

Following the signing of the Magna Carta by King John in 1215:

The 'burden of proof' is:

In the context of the Australian court system, the term 'jurisdiction' refers to:

Which of the following would be considered a 'leading question' when asked by a barrister to a witness during examination in chief?

Maxwell is considering bringing civil action against William with respect to the theft of his bicycle.Maxwell consults a solicitor who advises him to carefully consider various matters before bringing proceedings.Those matters are not likely to include which of the following?

Which of the following statements is incorrect? The doctrine of precedent:

Civil proceedings are commenced by:

According to section 58 of the Australian Constitution, a Bill that has been successfully passed by both Houses of Parliament is not law until it:

The role of a barrister in Australia includes:

According to the doctrine of precedent:

The various arguments against trial by jury do not include which of the following?

Business and the Law

The Australian Legal System

How to Find, Understand and Use the Law

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