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

Question 1

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.

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

Answer 1

D

Question 2

The literal rule of interpretation is to be applied:

A)when the words and phrases in the legal text are clear and unambiguous.
B)if interpreting the legal text literally would lead to a result that is absurd or inconsistent with the rest of the document.
C)if a purposive approach does not produce a clear interpretation.
D)at all times.

Answer 2

A

Question 3

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

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.

Answer 3

D

Question 4

The golden rule is to be applied when:

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.

Question 5

The phrase statutory interpretation refers to:

A)the interpretation of judicial decisions.
B)the interpretation of parliamentary decisions.
C)the interpretation of legislation.
D)the interpretation of executive decisions.

Question 6

Legislation is law made by:

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

Question 7

The process of thinking like a lawyer is also known as:

A)rational reasoning.
B)logical thinking.
C)legal reasoning.
D)critical thinking.

Question 8

Obiter dicta of a higher court can become a binding precedent if:

A)the decision of the court is published in writing.
B)another court decides to distinguish it.
C)another court adopts it as the legal rule or principle upon which its decision is based.
D)the Governor-General declares it to be binding.

Question 9

The ratio decidendi in a case can be identified by:

A)looking at the final page of the decision.
B)asking the judge.
C)identifying the material facts and the legal issue or main question of law.
D)ascertaining which party won the case.

Question 10

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

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

Question 11

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

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 12

Legal encyclopaedias and law textbooks are:

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

Question 13

The ratio decidendi of a case is/are the:

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 14

If an Act is passed by the Queensland parliament, the letters in parentheses after the title of the Act will be:

A)Q.
B)Qld.
C)Queensland.
D)QP.

Question 15

Obiter dicta is:

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 16

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

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

Question 17

Case law is found in:

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

Question 18

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

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.

Question 19

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

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 20

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

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 21

Consider the title of decisions on civil matters, for example Donoghue v Stevenson 1932 AC 562.The v as it appears in the case name is pronounced as:

A)'versus'.
B)'vee'.
C)'viva'.
D)'and'.

Question 22

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

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 23

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

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

Question 24

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

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 25

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

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 26

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

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 27

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

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 28

A 'law report' is:

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 29

When a judge delivers their decision:

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 30

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

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 31

The term ratio decidendi refers to:

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 32

Which of the following would not be a generally recognised way of determining the purpose or object underlying an Act?

A)Determining whether the Act contains an object clause
B)Determining whether the Act contains a preamble
C)Referring to extrinsic materials, that is, materials external to the Act itself
D)Petitioning a Member of Parliament

Question 33

According to the literal rule of legal interpretation:

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 34

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

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 35

The date appearing after the title of an Act of Parliament is the:

A)date the Bill was proposed.
B)year the legislation was passed.
C)year the legislation was printed.
D)date the Act of Parliament will expire.

Question 36

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

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 37

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

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 38

Which of the following does not describe obiter dicta?

A)The part of a judge's written decision that states the legal principle upon which that decision is based.
B)That part of the judge's decision not relevant to the 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)A part of the judge's decision that is not binding precedent.

Question 39

Deductive reasoning is the process of using:

A)a series of particular experiences to infer the existence of a general rule or principle.
B)one or more general rules or principles to predict a particular experience.
C)one or more general rules or principles to predict another general rule or principle.
D)a series of particular experiences to predict a particular experience.

Question 40

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?

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 41

A 'schedule' to an Act of Parliament is:

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 42

Which of the following is not true of case law?

A)It is sometimes referred to as common law.
B)It is the record of decisions of judges.
C)It is not made available to the public, in order to protect the privacy of the parties to litigation.
D)It is referred to and followed by other judges in accordance with the doctrine of precedent.

Question 43

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

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 44

Which of the following is not one of the steps in the process of solving a legal problem?

A)Identifying the legal issue.
B)Identifying the relevant legal rules.
C)Implying the facts to the legal rules.
D)Reaching a clear and convincing conclusion.

Question 45

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:

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 46

In the context of drafting a legal letter of demand, the 'subject line' is:

A)the first paragraph to the letter that briefly sets out the background to the problem.
B)the substance of the demand, usually set out in the second paragraph.
C)a line of text that appears alone at the beginning of the letter and after the salutation that identifies the subject matter of the letter.
D)a polite warning at the end of the letter summarising the subject of the complaint.

Question 47

Good legal writing is:

A)conversational rather than formal.
B)at times disrespectful and impolite.
C)characterised by complex sentence structure and the use of jargon and technical expressions.
D)serious, polite, precise and clearly worded.

Question 48

'Austlii' is:

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 49

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?

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 50

'Primary legal materials' are:

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 51

Maurice slipped on a lettuce leaf left on the supermarket floor.He injured his ankle.He intends to bring a claim for damages against the owner of the supermarket.Which of the following facts will be least relevant to Maurice proving his claim?

A)The lettuce leaf fell from a display of iceberg lettuces at the front of the store.
B)The pair of rubber thongs Maurice was wearing at the time of the fall were bright pink.
C)The supermarket owner employed a full time cleaner to inspect the floors at 30-minute intervals.
D)The supermarket owner did not offer Maurice any assistance after his fall.

Question 52

Which of the following is not a benefit for a person who is not a legal professional acquainting themselves with law and legal procedures?

A)Being able to give legal advice to friends and family members.
B)Aiding in the organisation of their business and personal lives in order to avoid serious legal problems arising.
C)Assisting in their everyday personal and commercial relationships.
D)Developing their understanding of new laws and regulations impacting on their lives.

Question 53

The 'enacting words' to an Act of Parliament are:

A)formal words at the beginning of the legislation that are not essential to the validity of the legislation.
B)an essential phrase that introduces an Act of Parliament and without which the Act has no legal force or effect.
C)an introductory paragraph in an Act that identifies the date on which the Act received Royal Assent from the Governor-General.
D)the long title of an Act that usually sets out the purpose of the Act.

Question 54

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

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 55

The most efficient method of locating legislation is:

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

Question 56

'Inductive reasoning' is:

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 57

According to the 'class rule' of statutory interpretation:

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 58

'Deductive reasoning' is:

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 59

Which of the following statements concerning a contract is not correct?

A)A contract is not legally enforceable.
B)A contract is an agreement between two or more parties.
C)If a party to a contract fails to keep their promise, they have breached the contract.
D)Contracts are not required by law to be in writing.

Question 60

According to the 'earlier and later' rule of common law presumptions to statutory interpretation:

A)a later law will override and automatically repeal to the extent of any inconsistency an earlier law on the same topic.
B)an earlier law will override and automatically repeal to the extent of any inconsistency a later law on the same topic.
C)when two interpretations are possible we should favour the interpretation that leads to the penalty being less likely to be imposed.
D)where two interpretations of a provision in an Act are possible, one that is consistent with the Constitution and the other which is not, we should adopt the interpretation that is consistent with the Constitution.

Question 61

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

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 62

To locate a case law authority:

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 63

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

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

Question 64

Case law is law made by:

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

Question 65

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

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 66

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

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 67

Legislation is law made by:

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

Question 68

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

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 69

An article by a legal commentator on the impact of a decision of the High Court of Australia is:

A)primary legal material.
B)secondary legal material.
C)both primary and secondary legal material.
D)neither primary nor secondary legal material.

Question 70

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

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 71

Which of the following is not a step for drafting a simple 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 72

The term ratio decidendi literally means:

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

Question 73

Secondary legal materials do not include:

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

Question 74

Why does the law need to be interpreted?

A)Legal writing is usually in Latin.
B)Legal writing is deliberately designed so that it cannot be understood by persons other than legal professionals.
C)Legal writing is often difficult to read and understand because it is frequently very formal, full of legal terminology and sometimes uses out-dated vocabulary.
D)Legal writing is always concise, simple, organised, clear and unambiguous.

Question 75

If a statute was passed by the Federal Parliament, the letters in the parentheses at the end of the citation will be:

A)Cth.
B)Fed.
C)ACT.
D)Nat.

Question 76

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

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

Question 77

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

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 78

Legislation is often difficult to draft precisely because:

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 79

The 'Date of Assent' of a Federal statute is:

A)the date the Act received the approval of both houses of parliament.
B)the date the Act received the Royal Assent of the Governor.
C)the date the Act received the Royal Assent of the Governor-General.
D)the date the Act commenced.

Question 80

Primary legal materials include (i) law textbooks, (ii) case reports, (iii) legal dictionaries, (iv) statutes.

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