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Legal studies multiple choice Questions & Answers

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Which section of the constitution outlines the legislative powers of the commonwealth government? a) section 1 b) section 73 c) section 96 d) section 128 - ANSWERS On what grounds would it be unconstitutional for a current District Court judge to be elected to the House of Representatives ...

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  • October 7, 2024
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  • 2024/2025
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Legal studies multiple choice Questions
& Answers
Which section of the constitution outlines the legislative powers of the commonwealth
government?

a) section 1
b) section 73
c) section 96
d) section 128 - ANSWERS

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 - ANSWERSb) it
offends the separation of powers

Australia does not follow the doctrine of separation of powers in its pure form because:

a) Australia does not have a president
b) members of the executive and the legislature are completely separate
c) some members of the executive are also members of the legislature
d) Australia is still a monarchy - ANSWERSc) some members of the executive are also
members of the legislature

Referring to the s 51, which of the following statements is true?

a) Victoria would be able to produce its own notes and coins
b) Queensland is able to pass laws to allow migrants into the state to work in agriculture
c) New South Wales is able to legislate to legalise same sex marriages
d) South Australia can build a rail line along its southern coastline - ANSWERSd) South
Australia can build a rail line along its southern coastline

How would the high court decide a case where a state and the commonwealth
exercising a concurrent power come into conflict?

a) it would rule in favour of the state as its law passed first
b) it would apply s 109 and rule in favour of the state
c) it would apply s 109 and rule in favour of the Commonwealth

, d) it would rule in favour of the commonwealth because it must act in accordance with
the Prime Minister - ANSWERSc) it would apply s 109 and rule in favour of the
Commonwealth

What is common law?

a) parliament-made law
b) judge-made law
c) the legal principles developed in England and followed in Australia
d) law that resolves disputes between two individuals - ANSWERSb) judge-made law

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
b) when a judge accepts the advice from a judge in a higher court
d) when parliament passes a law about a case - ANSWERSb) When the judge has
determined the facts of a case are similar to another case

What is the main purpose of equity?

a) to achieve justice
b) to achieve fairness
c) to achieve equality
d) to achieve damages - ANSWERSb) To achieve fairness

Which of these statements about the Security Council is true?

a) it is open for all countries to join
b) it has the authority to send armed forces into countries
c) it must take the advice of the General Assembly on matters involving peacekeeping
D) each side presenting its case and testing the opposition's evidence - ANSWERSb)

Which of these features does the adversarial system involve?

a) the use of a jury in all court cases
b) the payment of damages to the victim of a crime
c) judges collecting evidence
d) each side presenting its case and testing the oppositions evidence - ANSWERSd)
each side presenting its case and testing the oppositions evidence

Australia's Court System follows most closely

a) the English Adversarial system
b) the English Westminster system
c) the inquisitorial system

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