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

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

Question 3

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 out-dated. A

Question 4

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.

Question 5

Which of the following is not true of case law?

Accepted Answer

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 6

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.

Question 7

A federal statute that contains a commencement date commences operation:

Accepted Answer

A)  On that commencement date.
B)  On a date to be 'proclaimed' in a Government Gazette.
C)  28 days after Royal Assent.
D)  On the date of Royal Assent.

Question 8

Which of the following possible commencement dates of an Act of Parliament is not correct?

Accepted Answer

A)  28 days after the date the Act receives Royal Assent from the Governor-General if it is Commonwealth legislation.
B)  The date of Royal Assent if it is State or Territory legislation.
C)  As specifically stated in the Act.
D)  The date the legislation is printed by the Government Printer.

Question 9

The decision of Armstrong v Clark [1957] 2 QB 391 is an example of the judicial application of the:

Accepted Answer

A)  Purposive approach to interpretation.
B)  Literal approach to interpretation.
C)  Golden rule.
D)  Literal rule.

Question 10

The literal rule of interpretation is to be applied:

Accepted Answer

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.

Question 11

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?

Accepted Answer

A)  Words importing a gender include every other gender.
B)  Words in the singular number include the plural.
C)  Marginal notes, footnotes, endnotes and section headings form part of the Act.
D)  Words in the plural number include the singular.

Question 12

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.

Question 13

Deductive reasoning is the process of using:

Accepted Answer

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 14

Good legal writing is:

Accepted Answer

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 15

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.

Question 16

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

Accepted Answer

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 17

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

Accepted Answer

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 18

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.

Question 19

The Golden Rule is to be applied when:

Accepted Answer

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)  Necessary to ascertain the mischief behind the text.

Question 20

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

Accepted Answer

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.

Exam 4: Legal Skills: How to Find, Understand and Use the Law