Legal Studies Quiz | Legal Studies Multiple Choice Questions and Answers

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Questions
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

Answer: section 128
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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

Answer: Collective
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

Answer: Strict liability
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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