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Free download in PDF Legal Studies Multiple Choice Questions and Answers for competitive exams. These short objective type questions with answers are very important for Board exams as well as competitive exams. These short solved questions or quizzes are provided by Gkseries.
(1)
On what grounds would it be unconstitutional for a current District Court judge to be elected to the House of Representatives with remaining a judge?
[A]
it offends the division of powers
[B]
it offends the separation of powers
[C]
it would be ultra vires
[D]
it is not allowed under the referendum provisions of section 128
Answer: it offends the separation of powers
(2)
Which section of the constitution outlines the legislative powers of the commonwealth government?
[A]
section 96
[B]
section 128
[C]
section 73
[D]
section 1
(3)
Australia does not follow the doctrine of separation of powers in its pure form because:
[A]
Australia is still a monarchy
[B]
some members of the executive are also members of the legislature
[C]
members of the executive and the legislature are completely separate
[D]
Australia does not have a president
Answer: some members of the executive are also members of the legislature
(4)
When is a binding precedent set?
[A]
when it is established by a higher court
[B]
When the judge has determined the facts of a case are similar to another case
[C]
when a judge accepts the advice from a judge in a higher court
[D]
when parliament passes a law about a case
Answer: When the judge has determined the facts of a case are similar to another case
(5)
How would the high court decide a case where a state and the commonwealth exercising a concurrent power come into conflict?
[A]
it would apply s 109 and rule in favour of the Commonwealth
[B]
it would rule in favour of the commonwealth because it must act in accordance with the Prime Minister
[C]
it would apply s 109 and rule in favour of the stateChina
[D]
it would rule in favour of the state as its law passed first
Answer: it would apply s 109 and rule in favour of the Commonwealth
(6)
What is the main purpose of equity?
[A]
to achieve justice
[B]
to achieve fairness
[C]
to achieve equality
[D]
to achieve damages
Answer: to achieve fairness
(7)
Which of these statements about the Security Council is true?
[A]
it has the authority to send armed forces into countries
[B]
it must take the advice of the General Assembly on matters involving peacekeeping
[C]
each side presenting its case and testing the opposition's evidence
[D]
it is open for all countries to join
Answer: it has the authority to send armed forces into countries
(8)
Which of these features does the adversarial system involve?
[A]
judges collecting evidence
[B]
each side presenting its case and testing the oppositions evidence
[C]
the use of a jury in all court cases
[D]
the payment of damages to the victim of a crime
Answer: each side presenting its case and testing the oppositions evidence
(9)
What is the standard of proof in a criminal case?
[A]
Mens rea
[B]
Actus reus
[C]
Beyond reasonable doubt
[D]
On the balance of probabilities
Answer: Beyond reasonable doubt
(10)
A person is sentenced to imprisonment for a period of five years. The person thinks the sentence is too long and decides to appeal.
[A]
Appeal against severity
[B]
Appeal on a point of law
[C]
Appeal against bias
[D]
Appeal on the conviction
Answer: Appeal against severity
(11)
Which of the following describes the fundamental principles of human rights?
[A]
Universal and inalienable
[B]
Guaranteed and inalienable
[C]
Universal and alienable
[D]
Guaranteed and alienable
Answer: Universal and inalienable
(12)
What is the role of the Director of Public Prosecutions?
[A]
To review the charges against an accused person
[B]
To appoint a jury for a trial of an accused person
[C]
To assign a judge to hear a case
[D]
To appoint defence barristers
Answer: To review the charges against an accused person
(13)
Who would usually issue an arrest warrant?
[A]
The Attorney-General
[B]
A judical officer
[C]
The police
[D]
The Premier
Answer: A judical officer
(14)
Aberia is a colony of Belinia. Aberia wants to form an independant nation.
This situation is an example of which type of right?
[A]
Positive
[B]
Envirnomental
[C]
Collective
[D]
Peace
(15)
Human rights are best protected in Australia when they are
[A]
subject to media attention.
[B]
incorporated into legislation
[C]
incorporated into common law
[D]
supported by non-government organisations
Answer: incorporated into legislation
(16)
A sixteen-year-old person has been found in possession of a can of spray-paint.
Which of the following describes this category of offence?
[A]
Strict liability
[B]
White collar
[C]
Preliminary
[D]
Public order
(17)
Jordan commits a serious criminal offence. Derek then helps Jordan conceal this offence.
Which offence has Derek committed?
[A]
Principal in the second degree
[B]
Accessory after the fact
[C]
Principal in the first degree
[D]
Accessory before the fact
Answer: Accessory after the fact
(18)
In relation to domestic and international rights, which of the following statements is true?
[A]
International rights give some degree of legal protection.
[B]
International rights must be enforced by the United Nations.
[C]
Domestic rights only apply to citizens of a country.
[D]
Domestic rights must be enforced by the state.
Answer: International rights give some degree of legal protection.
(19)
Which of the following is a characteristic of Aboriginal and Torres Strait Islander customary law recognised by the Australian legal system?
[A]
Ownership of land
[B]
Self-determination
[C]
Terra nullius
[D]
Native title
Answer: Ownership of land
(20)
There is no law about who should mow the lawn at your home because such a decision
[A]
Is not of sufficient public interest
[B]
Does not reflect values
[C]
Does not involve rights and duties
[D]
Cannot be enforced
Answer: Is not of sufficient public interest
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