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Prelim Legal Studies Revision 1

Total questions: 14

Worksheet time: 7mins

Name
Class
Date
1.

Which of the following is NOT a feature of common law?

a)

Superior courts being bound by decisions of lower courts

b)

The use of precedent

c)

Lower courts being bound by the decisions of higher courts

d)

Judicial law making

2.

The separation of powers refers to

a)

The Commonwealth jurisdiction and State jurisdiction

b)

Executive, legislative and judiciary

c)

Local, State and Federal

d)

The powers of the government and opposition

3.

Which of the following features is found in the common law system?

a)

An inquisitorial trial

b)

An adversarial trial

c)

Based on civil law systems

d)

Juries

4.

Which of the following are examples of international instruments?

a)

The Universal Declaration of Human Rights

b)

The ICCPR

c)

The ICESCR

d)

The Convention on the Rights of the Child

5.

An international treaty has been declared. It states that all children are entitled to free medical care until the age of 18. When would this come into effect in Australia?

a)

When it was signed by the Prime Minister.

b)

When it was ratified in Australia.

c)

When it was codified in Australia.

d)

When the United Nations declared it.

6.

The main sources of international law are:

a)

Customs, the General Assembly, the International Court of Justice

b)

The International Criminal Court, Bill of Rights, UN Resolutions

c)

Multilateral Treaties, Bilateral Treaties, Customs

d)

Customs, Treaties, Legal Decisions, Legal Writings

7.

Which law enforcement agency is responsible for upholding the Crimes Act 1914 (Cwlth)?

a)

NSW Police

b)

The Australian Federal Police

c)

The Australian Security Intelligence Organisation

d)

The Independent Commission Against Corruption

8.

The government decides to change the law to allow same sex couples to get married. This is an example of

a)

Procedural fairness

b)

Values and ethics influencing the law

c)

Commonwealth law following state Anti Discrimination laws

d)

Australia being bound by international law

9.

What is the original jurisdiction of the High Court of Australia?

a)

Equity and precedent

b)

To hear appeals from the state supreme courts

c)

The protection of the judiciary

d)

The interpretation of the Commonwealth Constitution

10.

Justice Gleeson of the Supreme Court is using a precedent established by the High Court in sentencing an offender for murder. Which of the following statements is correct?

a)

The High Court precedent does not have to be followed.

b)

The Supreme Court should establish the precedent not the High Court.

c)

Justice Gleeson could choose whether or not to follow the precedent.

d)

Justice Gleeson must follow the precedent.

11.

The Evidence Amendment (Tendency and Coincidence) Bill 2020 will come into effect at which stage of the legal process?

a)

The passing of the bill in the Legislative Council.

b)

The passing of the bill in the Legislative Assembly.

c)

After the Royal Assent has been given by the Governor.

d)

After the bill has been proclaimed.

12.

The federal government sends defence forces to Iraq even though the States are against this action. Why does the government have the power to send the troops?

a)

The separation of powers doctrine

b)

The division of powers doctrine

c)

Parliamentary privilege

d)

A High Court precedent allowed the decision.

13.

A judge makes a ruling in the court with which the government does not agree. What power does the government have to change the decision?

a)

None because of the separation of powers doctrine

b)

None because of the division of powers doctrine

c)

The power to change the ruling by passing a law in parliament

d)

The power by which the Prime Minister orders the court to change the ruling

14.

All member nations have the power to vote in which major organ of the United Nations?

a)

The Economic and Social Council

b)

The Security Council

c)

The Human Rights Council

d)

The General Assembly