Legal Studies Quiz | Legal Studies Multiple Choice Questions and Answers

(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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