Question 1

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.

Question 2

Which of the following is not an advantage of the use of precise legal language?

Accepted Answer

A) Precise language avoids ambiguity. 
B) The use of vague words is avoided so that the intent of lawmakers is clear. 
C) Uniformity of language leads to consistency in interpreting that language. 
D) Precise language makes the text more easily understood by non-lawyers.

Question 3

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

Accepted Answer

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 4

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?

Accepted Answer

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 5

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

Accepted Answer

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 established common law principles.

Question 6

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.

Question 7

In his report on the land claim made by the Waramungu Aboriginal Land Council, Maurice J considered the text of the Aboriginal Land Rights (Northern Territory) Act 1976 and concluded:

Accepted Answer

A) The term 'road' included a stock route and it was not appropriate to ascertain parliamentary intention by referring to extrinsic materials. 
B) It was unclear from the Minister's second reading speech whether the Act was to exclude from land claims, roads over which the public had a right of way. 
C) The term 'road' included stock routes. 
D) The text of the Act was unclear but referral to the Minister's second reading speech made it clear that stock routes were not 'roads'.

Question 8

The term ratio decidendi literally means:

Accepted Answer

A) Reason for the decision. 
B) Saying by the way. 
C) Binding law. 
D) Persuasive law.

Question 9

Which of the following does not describe obiter dicta?

Accepted Answer

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 10

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

Accepted Answer

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

Question 11

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:

Accepted Answer

A) 'Versus'. 
B) 'Vee'. 
C) 'Viva'. 
D) 'And'.

Question 12

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

Accepted Answer

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 13

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.

Question 14

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

Accepted Answer

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 15

The Government Gazette is a:

Accepted Answer

A) Queensland Government website that acts as a portal to various other sites. 
B) Periodical circulated to Members of Parliament and providing information concerning parliamentary sittings. 
C) Journal that publishes the decisions of the Supreme Courts. 
D) Weekly publication issued by the Attorney-General's office containing important government notices.

Question 16

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

Accepted Answer

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 17

Tigers are in danger of extinction; lions are in danger of extinction; leopards are in danger of extinction; therefore all wild felines are in danger of extinction.This is an example of:

Accepted Answer

A) Inductive reasoning. 
B) Deductive reasoning. 
C) Logical reasoning. 
D) Speculative reasoning.

Question 18

According to the class rule of interpretation:

Accepted Answer

A) The meaning of a word or phrase is to be derived from the context in which it is used. 
B) Where two or more specific words are followed by a general word, the general word is read down to accord with the meaning of the specific words. 
C) Where the legal text expressly provides that it is to apply to certain specific things in its class, then things that are not expressly included in that class are by implication excluded. 
D) Where there are two inconsistent provisions in a legal text, and one is general and the other is specific, the specific provision overrides the general provision.

Question 19

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

Accepted Answer

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 20

The 'Government Gazette' is:

Accepted Answer

A) A government decision. 
B) A government publication. 
C) A government agency. 
D) A government policy.

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