Legal Studies Quiz | Legal Studies Objective Type Questions and Answers

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Questions
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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