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Legal Studies Quiz | Legal Studies Objective Type Questions and Answers

(21) State parliaments do not have the power to make laws about
[A] Defence
[B] Education
[C] Crime
[D] Taxation
Answer: Defence
(22) The Constitution can be amended by
[A] State/federal agreements
[B] The High Court
[C] Referendum
[D] All of the above
Answer: Referendum
(23) Section 109 of the Constitution provides that
[A] Federal law prevails over state law
[B] The Governor General can prevail over the federal parliament
[C] Common law prevails over statute law
[D] Statute law prevails over common law
Answer: Federal law prevails over state law
(24) Separation of powers refers to
[A] The fact that government power is distributed between the executive, the legislature and the judiciary
[B] The fact that legislative power is distributed between state and federal governments
[C] The fact that state and federal courts have separate jurisdictions
[D] The fact that the courts and parliament exercise separate law-making powers
Answer: The fact that government power is distributed between the executive, the legislature and the judiciary
(25) The division of power between the states and Commonwealth has changed largely because of
[A] International treaties
[B] Referendums
[C] High Court decisions
[D] The balance of power in the Senate
Answer: High Court decisions
(26) Which of the following is not subordinate legislation?
[A] Rules
[B] Amendments
[C] Regulations
[D] Orders
Answer: Amendments
(27) The stage in parliament where amendments can be made to a Bill is called
[A] The committee stage
[B] The third reading
[C] The second reading
[D] Drafting
Answer: The committee stage
(28) A civil claim for the sum of $150 000 would be heard in
[A] The local court
[B] The District Court
[C] The Federal Court
[D] The Supreme Court
Answer: The District Court
(29) International law is based on
[A] Consensus
[B] Domestic law
[C] Jus cogens
[D] Custom
Answer: Consensus
(30) The balance of power refers to
[A] The power of a few senators to reject legislation
[B] The power of a few cabinet members to reject legislation
[C] The power between federal and state courts
[D] The power between nations to reject international law
Answer: The power of a few senators to reject legislation
31 If Paul severely sexually assaulted Joan, the case would be heard in
[A] The Family Court
[B] The Local Court
[C] The Supreme Court
[D] The District Court
Answer: The Local Court
32 The doctrine of precedent relies on
[A] Ratio decidendi
[B] Jus cogens
[C] A system of parliament
[D] Obiter dicta
Answer: Ratio decidendi
33 Which of the following courts does not exercise appellate jurisdiction?
[A] The High Court
[B] The Local Court
[C] The District Court
[D] The Federal Court
Answer: The Local Court
34 In Aboriginal and Torres Strait Islander Society punishments were
[A] Usually enforced by the relatives of the wronged party
[B] Decided on by the tribunal parliament
[C] Usually enforced by the police force
[D] Decided on by courts
Answer: Usually enforced by the relatives of the wronged party
35 Aboriginal and Torres Strait customary law
[A] Is recognised by treaty
[B] Is partially recognised by legislation
[C] Is not recognised in Australia
[D] Is still practiced by most Aboriginal and Torres Strait Islander people
Answer: Is partially recognised by legislation
36 Aboriginal and Torres Strait Islander customary law was based on
[A] Tradition and kinship
[B] Court decisions made by judges
[C] Parliamentary decisions
[D] All of the above
Answer: Tradition and kinship
37 Aboriginal and Torres Strait Islander customary law is characterised by
[A] Variations of laws between tribes
[B] Anarchy
[C] Police enforcement
[D] A written code of laws
Answer: Variations of laws between tribes
38 The laws of society can only be just if
[A] The society has just values and the legal system reflects these
[B] They establish patterns of conduct most people would follow anyway
[C] They reflect values of the society
[D] They can be enforced.
Answer: The society has just values and the legal system reflects these
39 A difference between a rule and a law is
[A] Rules are not binding on the whole community
[B] Rules have nothing to do with ethics.
[C] Rules do not involve rights and duties
[D] Rules cannot be enforced
Answer: Rules are not binding on the whole community
40 What is the primary function of a judge in the adversarial system?
[A] To decide What evidence can be admitted
[B] To investiage the crime and gather all the facts of a case
[C] To question the witnesses
[D] To present the case to the jury
Answer: To decide What evidence can be admitted

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