Deck 3: Politicians and Judges

Question 1

According to the Westminster system, to become binding a draft law must:

A)be passed by the Lower House of parliament.
B)be passed by the Upper House of parliament.
C)receive the assent of the Prime Minister.
D)be passed by both the Lower House and Upper House of parliament.

Answer 1

D

Question 2

Which of the following statements is not correct? Legislation commences:

A)on the date expressly set out in the legislation.
B)on a date fixed 'by proclamation', that is, when announced by the executive government in the Government Gazette.
C)if the legislation is silent on commencement and it is Federal legislation, 28 days after receiving the Royal Assent of the Governor-General.
D)if it is State or Territory legislation and the legislation is silent on commencement, within 28 days of receiving the Royal Assent of the Governor-General.

Answer 2

D

Question 3

The Adoption Act 2009 replaced the Adoption of Children Act 1964.This means that the 2009 Act is an:

A)original Act.
B)amending Act.
C)repealing Act.
D)consolidating Act.

Answer 3

C

Question 4

In Australia the Upper House of Federal Parliament is the Senate.Which of the following statements concerning the Senate is not correct?

A)Representation in the Senate is based on population distribution.
B)Each State has equal representation in the Senate.
C)There are 12 senators from each State and there are 2 senators from each Territory, resulting in a total of 76 senators.
D)The executive government does not necessarily control the Upper House.

Question 5

A Private Member's Bill is:

A)a Bill proposed by an individual member of the legislature.
B)a Bill the details of which are not disclosed to members of the public.
C)a Bill proposed by the executive.
D)a Bill that only affects an individual citizen or group.

Question 6

The Office of Parliamentary Counsel is:

A)a team of government lawyers who specialise in the drafting of legislation.
B)a committee that conducts a detailed examination of all clauses in proposed Bills.
C)the Upper House of State parliaments.
D)the council responsible for advising monarchs in Anglo-Saxon England.

Question 7

Senator Don Chipp, founder of the Australian Democrats Party, famously observed that the role of the Senate was to 'keep the bastards honest'.He was referring to:

A)the power of the Senate to veto any law proposed by the executive government in the Lower House.
B)the power of the executive government over the Upper House of parliament.
C)the fact that a law proposed by the executive government will almost automatically be passed by the Upper House.
D)the power of the Lower House to veto any law proposed by the executive government.

Question 8

Pressure on the executive government to introduce a new law or change an existing law may come from a range of possible sources.Those sources are generally recognised to include:
I)the British government.
Ii)the Queen of England.
Iii)the media and lobby groups.
Iv)the courts and public servants.

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

Question 9

In Queensland, the mechanism for resolving parliamentary deadlocks is:

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.

Question 10

The Disability Services Act 2006 (Qld) brings together all the statutes enacted concerning the rights and needs of persons with a disability into a single piece of legislation.It is a:

A)repealing Act.
B)consolidating Act.
C)amending Act.
D)original Act.

Question 11

When does legislation expire?

A)10 years after it has been enacted.
B)When there is a change of parliament subsequent to a Federal election.
C)When declared by the High Court of Australia.
D)In accordance with a specific expiry clause contained within the legislation or when repealed by parliament.

Question 12

To understand the history of Australian Parliament, it is necessary to consider the history and structure of parliament that evolved in Britain.Which of the following statements is not correct in describing that history?

A)In 1066, William the Conqueror established himself as King William I.
B)The first monarchs exercised absolute power; however, the signing of the Magna Carta by King John in 1215 limited the power of the monarch.
C)The parliament was initially subservient to the monarch but over time there was a shift in the balance of power.
D)It has been generally recognised since the late 1600s that it is the monarch and not the parliament who is the sovereign lawmaker.

Question 13

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

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 14

Which of the following statements is not correct concerning the Lower House of Federal parliament?

A)Each member is elected to represent a particular electorate.
B)Australia is divided into a number of electorates each containing the same number of people to ensure that citizens have equal representation in the Lower House.
C)According to the Australian Constitution the number of members of the House of Representatives must be the same as the number of Senators.
D)The political party with the majority of members in the House of Representatives forms executive government.

Question 15

The Australian parliament has a similar structure to the British parliament.In Australia, the Federal Parliament:

A)has a Lower House called the Senate and an Upper House called the House of Representatives.
B)has an Upper House called the Senate and a Lower House known as the Legislative Assembly.
C)has an Upper House called the Legislative Council and a Lower House known as the Legislative Assembly.
D)has a Lower House called the House of Representatives and an Upper House called the Senate.

Question 16

The 'majority party' is the political party:

A)with the largest number of members.
B)with a majority of members in the Senate.
C)with a majority of members in the Lower House.
D)where members must be at least 18 years of age.

Question 17

The origins of a bicameral parliament consisting of two houses can be traced back to:

A)the early 1300s when knights and citizens began to meet separately from the barons and clergy to discuss the making of certain laws concerning the kingdom.
B)the Norman Conquest where William the Conqueror established himself as King William I.
C)the 1600s when King Charles I claimed a divine right to rule and dismissed the parliament, leading to a revolution.
D)the signing of the Magna Carta in 1215.

Question 18

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

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 19

Which of the following is not a proper description of a stage through which a Bill must successfully pass in order to be passed by the Lower House?

A)The first reading, a formal reading of the Bill's title by the Clerk of the House.
B)The second reading, where the Minister delivers an explanatory speech, proceedings are adjourned for members to consider the Bill and the Bill is debated when the House resumes sitting.
C)The committee stage, where the Bill is considered by a committee of House members usually comprised of members from each of the major political parties.The Chair of the committee then advises the House about the Bill.
D)The third reading stage, where members are allowed full debate and given an explanatory memorandum to assist their understanding of the Bill.

Question 20

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

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 21

The phrase 'charging the jury' refers to:

A)the trial judge's explanation to the jury about the nature of their role before commencement of trial.
B)the trial judge's directions to the jury concerning matters of law during the course of a trial.
C)the trial judge excusing the jury so it can retire and deliberate on a verdict.
D)a challenge against a jury member by one of the parties prior to the trial.

Question 22

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

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

Question 23

Which of the following is not a person one would ordinarily expect to find in a courtroom?

A)The bailiff
B)The court reporter
C)The judge's associate
D)The sheriff

Question 24

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:

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 25

Which of the following statements concerning the High Court of Australia is not correct?

A)It consists of 7 Justices appointed by the Governor-General on the advice of the Prime Minister.
B)It sits as a single Justice to hear disputes about Federal law.
C)It sits as a panel of 5 to 7 Justices to hear disputes relating to the interpretation of the Australian Constitution.
D)It does not exercise appellate jurisdiction.

Question 26

The Senate is also known as the 'House of Review' because:

A)it reviews all Bills passed by the House of Representatives.
B)it reviews all decisions made by the High Court of Australia.
C)it reviews all legislation passed in Australia.
D)it reviews all laws made in Australia.

Question 27

Which of the following statements is not correct concerning the Upper House of Federal parliament?

A)The Upper House is known as the Senate.
B)It is comprised of 76 senators: 12 senators from each state and 2 senators from each territory.
C)It is also known as the House of Review.
D)The Upper House will automatically pass any law already passed by the Lower House.

Question 28

The role of a barrister in Australia includes:

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 29

If a State or Territory Act of Parliament does not mention its date of commencement, then according to the relevant State Interpretation Act it will commence:

A)on the day the Governor-General proclaims the commencement date.
B)either on the date of Assent, date of notification or within a fortnight of Assent.
C)from the day after the date of receiving Royal Assent.
D)28 days after receiving Royal Assent.

Question 30

The High Court of Australia was established by:

A)the Judiciary Act 1903 (Cth).
B)the High Court of Australia Act 1979 (Cth).
C)the Federal Judiciary Act 1905 (Cth).
D)Section 71 of the Australian Constitution.

Question 31

Australian courts are organised in accordance with a hierarchical court structure.Which of the following is not an advantage of the hierarchical system?

A)A party dissatisfied with the outcome of a trial can appeal the decision to a higher court.
B)Particular courts can specialise in particular types of trial facilitating the efficient allocation of legal resources.
C)It undermines the operation of the doctrine of precedent because the lower courts need not comply with the decisions of superior courts.
D)It facilitates the operation of the doctrine of precedent because the higher courts establish precedents that the lower courts must follow.

Question 32

The residents of Broken Hill form a lobby group to pressure their local member of the Federal Parliament to introduce a Bill preventing the establishment of a new mine.The Executive Government does not support the Bill but the member proposes to introduce the Bill anyway.The Bill will be:

A)an Opposition Bill.
B)a Private Member's Bill.
C)a Mining Bill.
D)a Public Member's Bill.

Question 33

In the Federal Parliament the Crown is represented by the:

A)Governor.
B)Prime Minister.
C)Premier.
D)Governor General.

Question 34

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

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.

Question 35

Arguments in favour of trial by jury do not include which of the following?

A)The jury is comprised of members of the same community with the same standards and attitudes.
B)The jury operates as an independent tribunal of non-professionals which gives the impression of impartiality.
C)The weight of responsibility is carried by more than one person.
D)The jury operates as a safeguard against the abuse of judicial power.

Question 36

A court is exercising 'appellate jurisdiction' when:

A)it hears and decides a dispute for the first time.
B)it is the court of 'first instance'.
C)it exercises powers conferred by the Australian Constitution.
D)it hears and determines an appeal from a court lower within the hierarchy.

Question 37

William stole Maxwell's bicycle and rode to the local shopping mall where he scrawled graffiti on a wall and tipped over a rubbish bin.He was seen by an off-duty policeman and arrested and charged with various:

A)indictable offences.
B)tortious acts.
C)breaches of contract.
D)summary offences.

Question 38

A Bill introduced into Parliament by a member other than a Minister is known as:

A)a Bill.
B)an Act.
C)a Private Member's Bill.
D)a Public Bill.

Question 39

A Federal Bill does not become law until it receives the Royal Assent of the:

A)Prime Minister.
B)Governor General.
C)Governor.
D)High Court of Australia.

Question 40

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?

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

Question 41

Civil proceedings are commenced by:

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

Question 42

Which of the following is not a Commonwealth court or tribunal?

A)Fair Work Australia
B)Administrative Appeals Tribunal
C)Mental Health Review Tribunal
D)Australian Competition Tribunal

Question 43

The phrase 'distinguishing the precedent' refers to:

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.

Question 44

'Judicial activism' is:

A)a boot camp for judges.
B)the manner in which judges interpret legislation or apply legal rules to new situations.
C)the practice where judicial officers lobby parliament for changes in legislation.
D)where judges make decisions on the basis of perceived national trends and contemporary values thereby creating new law.

Question 45

Alternative dispute resolution is an increasingly popular alternative to litigation because:

A)judges are generally perceived as out of touch with community values.
B)lawyers seek to make the courtroom less accessible to aspiring litigants.
C)the depiction of the courtroom in popular television has discouraged potential litigants.
D)it is generally cheaper, faster, more private and less stressful than going to court.

Question 46

Jim has murdered his wife.He has committed:

A)a summary offence and will face a criminal trial.
B)an indictable offence and will face a civil trial.
C)a summary offence and will face civil trial.
D)an indictable offence and will face a criminal trial.

Question 47

According to the rules regulating evidence able to be received at trial:

A)all evidence must be received regardless of its relevance or otherwise to matters in issue.
B)if evidence is relevant it cannot be received.
C)if evidence is relevant it must be received.
D)evidence that is relevant will be received unless there is some other reason for its inadmissibility.

Question 48

In courts within a common law legal system, dispute resolution is carried out in accordance with:

A)the inquisitorial system.
B)the adversarial system.
C)trial by combat.
D)alternative dispute resolution.

Question 49

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

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 50

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?

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 51

There are two branches of the legal profession in Australia: barristers and solicitors.Which of the following statements is not true of a barrister?

A)They are referred to as counsel.
B)They specialise in advocacy before the courts.
C)They brief solicitors to appear in court.
D)In Queensland, they may not practice as a barrister and solicitor at the same time.

Question 52

According to the doctrine of precedent:

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 53

The 'burden of proof' is:

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 54

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

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 55

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

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 56

A 'Senior Counsel' is:

A)a barrister who is more than 40 years of age.
B)an eminent barrister with a high level of skill and expertise in a particular area of the law.
C)a barrister who performs the more routine duties including preparing and drafting court documents.
D)a solicitor who is a partner in a law firm.

Question 57

The doctrine of precedent states that:

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 58

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

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 59

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:

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

Question 60

Aubrey has brought a whiplash claim in the Supreme Court.The defendant has produced evidence indicating that Aubrey failed to disclose the existence of prior injuries to his spine.This will influence the trial judge's assessment of Aubrey's:

A)testimony.
B)probative value.
C)credibility.
D)courtroom appeal.