WorksheetsPreliminary (Yr 11) Legal Studies Revision
Total questions: 100
Worksheet time: 50mins
What is the law according to the Syllabus?
A set of unofficial norms
A set of enforceable rules of conduct imposed on all members of a society
A set of social customs
A set of values and ethics
Which of the following statements best describes customs?
They are rules imposed by the legal system
They are expected patterns of behavior within a society
They are limits imposed in specific branches of society
They are norms that affect the entire society equally
What is a characteristic of just laws?
They apply only to certain members of society
They are not officially recognized by the legal system
They are accessible to everyone
They reflect only the interests of individuals
What are values according to the document?
Personal beliefs about right and wrong
The execution of moral beliefs in real life
A set of moral standards considered desirable in society
Norms imposed by the legal system
How are laws related to values and ethics?
Laws have no relation to values and ethics
Laws should reflect the traditional values, morals, and ethics within the nation-state
Laws only reflect the interests of individuals
Laws are independent of values and ethics
What are the three elements of justice in legal processes?
Equality, fairness, access
Equality, honesty, access
Fairness, honesty, access
Equality, fairness, honesty
What does procedural fairness (natural justice) require?
The right to be heard and an unbiased decision maker
The right to be heard and a biased decision maker
The right to be silent and an unbiased decision maker
The right to be silent and a biased decision maker
What does the rule of law require?
No one is above the law
Only the rich are above the law
Only the poor are above the law
Only the government is above the law
Why do people obey the law?
It makes them feel secure and safe, based on general customs and values, penalties apply
It makes them feel insecure and unsafe, based on general customs and values, penalties apply
It makes them feel secure and safe, based on personal opinions, penalties apply
It makes them feel insecure and unsafe, based on personal opinions, penalties apply
What is anarchy?
Absence of laws and government, often leading to martial law
Power held by a single individual, laws suit dictator
A fair and just legal system
A democratic government
What is tyranny?
Power held by a single individual, laws suit dictator
Absence of laws and government
A fair and just legal system
A democratic government
What is the origin of Common Law?
United States
France
Great Britain
Australia
What is a precedent in the context of Common Law?
A judgment that is repeated
A judgment that is ignored
A judgment that acts as authority for a subsequent legal decision
A judgment that is annulled
Which of the following statements is correct about the "binding precedent"?
It must be followed in all courts of equal hierarchy
It can be used as a basis for decisions in any court
It must be followed in all lower courts in hierarchy
It is not legally binding
What does "ratio decidendi" mean?
Additional comments on the case
Legal reasoning behind the decision
Non-binding decision
Judge's opinion
What is the main difference between the adversarial system and the inquisitorial system?
In the adversarial system, the judge directs the entire investigation
In the inquisitorial system, the parties present their case to an impartial third party
In the adversarial system, the judge acts as an impartial mediator
In the inquisitorial system, the parties must be equally represented
What is a mandamus?
A court order that prevents lower courts from getting involved in a case
A court order that prevents an individual or organization from completing an action
A court order that compels a government or official to complete a task
A court order that allows the appeal of a case
What types of cases do the Lower Courts hear?
Serious crimes and civil claims of $750,000
Minor crimes, civil claims under $60,000, and commitment hearings
Serious crimes and civil claims of $60,000
Minor crimes and civil claims of $750,000
What type of jurisdiction does the Supreme Court have?
Original jurisdiction
Appellate jurisdiction
First instance jurisdiction
Review jurisdiction
What is original jurisdiction?
Jurisdiction to hear appeals from lower courts
Jurisdiction to hear a case for the first time
Jurisdiction to review legal decisions
Jurisdiction for international cases
How is statutory law created?
Through judicial decisions
Through executive decrees
In the parliament by a group of elected representatives
Through referendums
What is the first step in the legislative process?
The proposed change (bill) is introduced in the lower house
The proposed change (bill) is introduced in the upper house
The proposed change (bill) is voted on in the lower house
The proposed change (bill) is voted on in the upper house
"Ultra vires" means (a)
To act within authority
To act beyond authority
To act with limited authority
To act without authority
What is the definition of a constitution?
A set of rules governing the running of a nation state
A document outlining the rights of citizens
A collection of laws passed by the parliament
A treaty between different states
Which section of the constitution outlines the areas in which the federal government can create laws?
Section 52
Section 51
Section 50
Section 53
What does the doctrine of separation of powers ensure?
That the executive branch has more power than the judiciary
That no section of law is corrupt by maintaining independence between legal areas
That the legislature can override the judiciary
That the federal government has more power than the states
Which of the following is NOT one of the three branches of government outlined in the doctrine of separation of powers?
Legislature
Executive
Judiciary
Federal
What is the role of the High Court?
To create new laws
To interpret the Constitution
To enforce laws
To manage state governments
What is required for appellate jurisdiction in the High Court?
Approval in the form of special leave
Approval from the executive branch
Approval from the legislature
Approval from the judiciary
How can the constitution be amended?
Through a referendum
Through a parliamentary vote
Through a judicial review
Through an executive order
What are customary laws?
Laws created by the parliament
Laws of indigenous peoples
International laws
Laws of nation-states
How are customary laws mainly transmitted?
In writing
Through digital media
Orally
Through smoke signals
Which of the following is NOT a characteristic of customary laws?
Based on the Dreaming and a spiritual connection to the land
Dictated by the parliament
Diverse among tribes but similar
Based on sacred secret knowledge
What is preferred as conflict resolution in customary laws?
Trial by jury
Mediation
Physical punishments
Economic fines
What is a key difference between domestic law and international law?
Domestic law is based on global values and customs
International law is created by the parliament
Domestic law is politically independent
International law is legally enforceable in the traditional sense
What does state sovereignty mean?
The ability of a nation-state to negotiate internationally
The right of a nation-state to create its own laws
The obligation of a nation-state to follow international laws
The ability of a nation-state to impose sanctions
What is customary international law?
A) Written bilateral/multilateral treaties
B) Written documentation of opinions or facts
C) Long-standing ethical developments and customs recognized by the international community
D) General agreements between nations
What is the main international court mentioned in the document?
A) International Criminal Court
B) International Court of Justice (ICJ)
C) European Court of Human Rights
D) United Nations Supreme Court
When was the UN established?
A) 1948
B) 1945
C) 1950
D) 1939
How many members does the UN have according to the document?
A) 150
B) 200
C) 193
D) 175
Which UN body maintains world peace and security?
A) UN General Assembly
B) UN Security Council
C) International Court of Justice
D) UN Secretariat
How many permanent members does the UN Security Council have?
A) 3
B) 5
C) 7
D) 10
What type of cases does the International Court of Justice (ICJ) hear?
A) International criminal cases
B) Cases between states (contentious cases) and advises the UN (advisory proceedings)
C) Human rights cases
D) International trade cases
Which branch of law deals with the relationships between individuals and the state, and the structure and operation of the government?
Criminal Law
Administrative Law
Constitutional Law
Public Law
Which of the following laws deals with acts that are punished by the state?
Administrative Law
Criminal Law
Constitutional Law
Property Law
Match the following types of reviews with their descriptions:
Internal review
A review conducted within the organization
External review
A review conducted by an outside entity
Judicial review
A review conducted by a court
All of the above
Includes internal, external, and judicial reviews
What is the main objective of constitutional law?
Review government decisions
Maintain public safety
Govern the separation of powers
Compensate the plaintiff
What type of law deals with legally binding relationships and seeks to compensate the plaintiff?
Contract Law
Tort Law
Property Law
Criminal Law
Which of the following is a characteristic of tort law?
Requires a prior legal relationship
Does not require a prior legal relationship
Deals with commercially valuable entities
Focuses on the constitutional validity of government actions
What type of law deals with any commercially valuable entity, such as land, stocks, goods, or intellectual property?
Criminal Law
Administrative Law
Property Law
Constitutional Law
In a criminal procedure, who has the burden of proof?
Plaintiff
Defendant
Prosecutor
Judge
What is the standard of proof required in a civil procedure?
Beyond reasonable doubt
Balance of probabilities
Prima facie
Preponderance of evidence
Which type of hearing deals with minor offences such as traffic infringements or vandalism?
Summary Hearings
Trial By Jury
Indictable Hearings
Committal Hearings
In a trial by jury, how many jurors must decide unanimously whether there is enough evidence to warrant conviction?
6
8
10
12
What is the first step in the trial process?
Examination in Chief
Indictment
Cross Examination
Summation
What is the role of the judge during the summation phase of a trial?
To question the witnesses
To set out facts and explain the prosecution's case
To summarise the case and instruct the jury how to reach a verdict
To choose a suitable sentence if the defendant is found guilty
Which type of court is inquisitorial in nature and deals with suspicious events?
Criminal court
Civil court
Coronal inquests
Children's court
In which type of court are media banned and less severe punishments given?
Criminal court
Civil court
Coronal inquests
Children's court
What is a Summons in civil procedure?
A) A document detailing the facts surrounding the case sent to the defendant
B) A response to allegations
C) A questioning of relevant matters
D) A decision on the balance of probabilities
What does the Statement of Defence involve?
A) Questioning the other party about relevant matters
B) Responding to allegations
C) Deciding on the balance of probabilities
D) Determining adequate compensation
What is the purpose of Discovery in civil procedure?
A) To decide on the balance of probabilities
B) To determine adequate compensation
C) To question the other party about relevant matters
D) To send a document detailing the facts to the defendant
What is the main difference between common law systems and civil law systems?
A) Common law systems use a code of law interpreted by judges
B) Civil law systems originated in Roman Law
C) Common law systems use previous decisions to determine verdicts
D) Civil law systems developed through customs
Which countries are examples of civil law systems?
A) United States and Canada
B) Germany and France
C) Australia and New Zealand
D) United Kingdom and Ireland
Match the following roles with their descriptions:
A) Assists the judge with organisation and procedural matters
Role of a court clerk
B) Assists the judge where appropriate
Role of a legal assistant
C) Presides over court cases ensuring proper procedure is followed
Role of a Judge/Magistrate
D) Gives evidence in a case
Role of a witness
Who assists the judge with organisation and procedural matters?
A) Judge/Magistrate
B) Judges Associate
C) Tipstaff
D) Witness
What is the role of Barristers/Solicitors during a trial?
A) They give evidence in a case
B) They assist the judge where appropriate
C) They present their client's case and advise them on the likely outcome
D) They preside over court cases ensuring proper procedure is followed
Who must swear an oath to speak truthfully in a case?
A) Judge/Magistrate
B) Judges Associate
C) Tipstaff
D) Witness
The main roles of a Court Officer are (a)
Who is responsible for recording and transcribing all court proceedings?
Court Officer
Reporter
Corrective Services Officer
Jury
What is the primary duty of a Corrective Services Officer?
Organises court lists and calls witnesses
Guards and escorts the accused
Records all court proceedings
Decides the verdict in a trial
How many jurors are typically used in criminal cases?
4
6
8
12
What is a peremptory challenge in the context of jury selection?
Based on non-qualification, ineligible or biased
No reason required, only a limited number allowed by each party
Decides the verdict in a trial
Organises court lists and calls witnesses
What is legal reform?
Adaptations/modifications made to legislation and laws to reflect modern society.
The creation of new laws without modifying existing ones.
The elimination of old laws without replacing them.
The implementation of laws without considering current society.
Which of the following is NOT a condition that leads to legal reform?
Changes in social values
New concepts of justice
Technological advances
Economic stability
What are social values?
Ethical norms that guide an individual's view of their society.
Laws that regulate the behavior of citizens.
Norms imposed by the government.
Rules of behavior at work.
What is an example of how new concepts of justice can change legislation?
The abolition of capital punishment in Australia.
The creation of new roads.
The invention of new technologies.
Economic stability.
Why is legal reform necessary?
So that laws fulfill their function of providing stability and reflecting modern society.
To eliminate all old laws.
To create laws without considering technology.
To keep laws unchanged.
Which of the following is a characteristic of Law Reform Commissions?
They are established by houses of parliament.
They are completely independent.
They are influenced by political pressure.
They implement law reforms.
What is the role of Parliamentary Committees in law reform?
To implement law reforms.
To objectively report on parliamentary decisions.
To investigate specific law reform issues.
To pressure parliamentary members.
Which of the following statements is true about NGO’s in the context of law reform?
They are established by parliament.
They are influenced by political pressure.
They aim to improve lives by spurring law reform.
They objectively report on parliamentary decisions.
What is the primary function of the media in the context of law reform?
To establish law reform commissions.
To encourage informed community and application of public pressure.
To investigate specific law reform issues.
To pressure parliamentary members.
Which of the following is NOT a characteristic of Lobby Groups?
They pressure parliamentary members to advance their own agenda.
They may also be NGO’s.
They are established by houses of parliament.
They influence but do not implement law reforms.
What is law reform?
The process of creating new laws
The process of reviewing and updating existing laws
The process of abolishing old laws
The process of enforcing laws
Which case is an example of law reform through judicial decisions?
Wik Decision
Yorta Yorta decision
Mabo Decision
Aboriginal Land Rights Act 1983
What does 'terra nullius' mean?
Land belonging to everyone
Land belonging to no one
Land belonging to the government
Land belonging to indigenous people
Which act was created by the Parliament in response to the Mabo II Case?
Native Title Act 1993
Aboriginal Land Rights Act 1983
Wik Decision
Yorta Yorta decision
Which organization conducts law reform on an international scale?
Courts
Parliaments
United Nations
Intergovernmental Organisations
What is one of the primary mechanisms of law reform used by Parliaments?
Creating new treaties
Passage of bills
Judicial decisions
International pressure
What are rights?
Predetermineddutiesofanindividual
Predeterminedrights/provisionsgrantedtoanindividual
Internationallaws
Contractualtreaties
What protects the rights?
Statutorylawsandinternationaltreaties
Legalduties
Legalresponsibilities
Moralrights
What is a characteristic of legal rights?
Theycanbelegallydisputed
Theyarearguablebyperspective
Theyaregroundedinstatutesandprecedents
Theyarenotprotectedbylaw
What does a Bill of Rights establish?
Implicit rights
Human rights and privileges
The governance of anation−state
The interpretation of legal rights
What is a difference between a Bill of Rights and a Constitution?
TheBillofRightsismorecomplexandlessexplicit
TheConstitutionestablishesexpressrights
TheBillofRightsisnotopentointerpretation
TheConstitutionrestrictsrightstothosespecificallyexpressed
Which act governs the NSW State Police?
Crimes Act 1914 (Cth.)
Criminal Code 1995
Crimes Act 1900 (NSW)
LEPRA Acts
What is the primary role of the Australian Customs and Border Protection?
Counter serious organised crime
Enforce laws relevant to their jurisdiction
Discourage unlawful movement through Australia's borders
Gather information to guard against national security threats
Which organization is responsible for countering serious organised crime in Australia?
Australian High Tech Crime Centre
Australian Crime Commission
Australian Security Intelligence Organisation
Government Departments
What type of crime does the Australian High Tech Crime Centre focus on?
Immigration and quarantine
Serious organised crime
Technology related crime prevention
National security threats
Which act governs the Australian Security Intelligence Organisation (ASIO)?
Crimes Act 1900 (NSW)
Criminal Code 1995
ASIO Act 1979 (Cth.)
Australian Crime Commission Act 2002 (Cth.)
What is the main function of Government Departments in law enforcement?
Counter serious organised crime
Enforce laws relevant to their jurisdiction
Discourage unlawful movement through borders
Gather information to guard against national security threats
Which method of dispute resolution involves an impartial third party overseeing the discussion and attempting to reach a compromise?
Negotiation
Mediation
Conciliation
Arbitration
