QUIZ Practise PDF

Title QUIZ Practise
Course Intro. to Law
Institution Queensland University of Technology
Pages 7
File Size 78.8 KB
File Type PDF
Total Downloads 194
Total Views 265

Summary

In the Commonwealth Parliament, any Bill may originate in either the upper or the lower house: a. False From the citation [1989] VR 323 we know a. The case was reported in the 1989 volume of the reports Which of the following is an example of delegated legislation? a. Regulations Section 51 of the c...


Description

1. In the Commonwealth Parliament, any Bill may originate in either the upper or the lower house: a. False 2. From the citation [1989] VR 323 we know a. The case was reported in the 1989 volume of the reports 3. Which of the following is an example of delegated legislation? a. Regulations 4. Section 51 of the commonwealth constitution defines a. Legislative powers held by the commonwealth concurrently with the states i. With exception – customs etc 5. The Queensland parliament currently consists of a. The governor and the legislative assembly 6. The common wealth of Australia constitution act was enacted by the British parliament in a. 1900 7. In England the administration of common law and equity was fused as a result o a. D 8. Where a case is published electronically almost immediately after the decision is handed down, and then later reported, the reported version should be cited. a. True 9. In hart v rankin plaintiff a. Neither hart no rankin 10. Rule of law a. Everyone should be equally subject to the law; including the sovereign 11. Not a primary source of legislation a. Journal articles 12. Although affected in some respects by the Commonwealth Constitution, the current constitution of the State of Queensland is found in a. Legislation of the queensland parliament 13. Australian system of government a. Federal 14. the legislative powers of the Commonwealth Parliament consist of a. both concurrent and exclusive powers 15. which body has the power to interpret law a. the judicature 16. common law system operates in a. Australia, new Zealand and india 17. Queensland separated from NSw a. 6 june 1859 18. The governor of queensland is a. Paul de jersey 19. Barrister a. Be an advocate for the client in court 20. Not a secondary source legal material a. Subordinate legislation 21. In the commonwealth parliament, the upper and lower parliaments have equal power in respect to all bills a. False 22. In Queensland, for the first reading of a bill, the clerk of the parliament will read;

a. The bills long title 23. Queensland does not have a bicameral parliament. Why a. The queensland legislative council was abolished in 1922 24. Under the Commonwealth Constitution, where a State law is inconsistent with a Commonwealth law a. the Commonwealth law prevails and the State law is invalid to the extent ofthe inconsistency 25. refer to web page 26. The 1984 decision of the Supreme Court of Queensland in Deputy Commissionerof Taxation v Truhold Benefit Pty Ltd is reported in volume 2 of the 1985 QueenslandReports at page 88. The correct citation to the report is: a. Refer to webpage 27. In which of the following areas does the commonwealth parliament have exclusive power to legislate a. Customs 28. The prime minister of Australia by convention is a. the leader of the majority party in the lower house of federal parliament 29. Currently there are no statutes passed by the British Parliament which apply in Queensland. a. False 30. Refer online 31. The date on which New South Wales law was received into Queensland was a. 26 june 1788 32. Which act removed the power of british parliament to act on legislation a. Australia act 1986 33. Currently no statues passed by nsw which apply is Queensland a. False 34. Which Act confirmed that the colonial parliaments could pass laws that weredifferent from the laws of England, except for those Acts of the English parliamentthat applied to the colonies by paramount force? a. Colonial laws validity act 35. The original constitution of queensland was contained in a. The constitution act 36. King john was forced to sign the magna carta in a. 1215 37. Refer online 38. Clr a. Commonwealth law reports 39. Refer online 40. Refer online 41. Queensland governors role a. Royal assent 42. Section 52 of the commonwealth defines a. Executive powers held by the commonwealth 43. Prvy council removed a. Australia act 1986 44. Rounds brackets a. The yeasr the case was decided 45. Refer online

46. At which stage of the passage of legislation through Queensland Parliament does the Minister (or mover of the Bill) give the explanatory speech enunciating the Bill’s policy and purpose? a. First reading 47. Equity is the body of law that has its origins a. Decisions of the court of chancery 48. Present chief justice of high court a. Kiefil cj 49. Which of the following heads of power is NOT shared concurrently between the Commonwealth and State parliaments? a. CUSTOMS 50. The general rule is that a law made by parliament is supreme over judge made law: a. Unless it is outside the scope of the power of parliament to make 51. Refer online 52. Refer online 53. Governor general a. Peter cosgrove 54. The Commonwealth Constitution acknowledges the land rights of Australia’sindigenous peoples in: a. Does not acknowledge the land rights 55. The juridstriction of the Australian court may be classified as a. Civil or criminal b. Original or appellate c. State or federal 56. Land rights of aboriginal people where first recognised in a. Mabo v queen 57. Tera nulius a. Land belonging to no one 58. Executive power a. Administer the law 59. The Queensland attorney general is a. A Queensland politician appointed as the states principal law officer 60. The doctrine of parliamentary sovereignty provides that a. ALL OF THE ABOVE 61. Which of the following is not a feature of the Australian legal system adopted from the British legal system a. The civil law legal system 62. What Is a federal system of government a. A system where power to govern isi shared between a central government and regional governments ‘ 63. Representative government is the notion that a. The government is chosen by the people to act as representatives of the people 64. Which of the following may brach the separation of powers doctrine a. Refer online 65. The commonwealth constitution gives the following kinds of legislative power to the parliament of Australia a. Exclusive and concurrent 66. Which section of the commonwealth constitution explains how it may be amended

a. S128 67. Federal cabinet comprises a. The prime minister and the senior ministers 68. The commander in chief of the Australian defense foces is a. The governor general 69. The two houses of the commonwealth parliament are a. The senate and the house of representatives 70. Common methods of alternative dispute resolution include a. Negotiation arbitration and conciliation 71. Which of the following legal matters is governed by rules of procedural law a. Case management 72. The following rights and freedoms are expressly mentioned in the commonwealth constitution a. to vote, right to trial by jury, freedom of religion 73. Which of the following Australian juridistrictions have a charter of human rights a. Victoria and Australian capital territory 74. For a referendum to amend the commonwealth constitution to succeed it must be passed by a. A majority of all voters in Australia and a majority of voters in a majority of states 75. The principle responsible government means that a. Ministers are members of and responsible to parliament 76. The term common law means a. A system of law that originates in England b. Law developed by the common law courts rather than that developed by the court of chancery c. A body of law made by judges 77. What is the name of a proposed piece of legislation in draft form a. A bill 78. Which of the following is not a stage of the legislative process in the queensland parliament a. Fourth reading 79. Australis head of state is a. The governor general 80. The chief justice of Queensland is a. Appointed by the Queensland government 81. Who was Australia’s first Governor General? a. Lord Hope Toun 82. Who is Australia’s Head of State? a. Peter cosgrove / the queen 83. When did Federation occur? a. 1 – 1- 1901 84. What was the effect of the Colonial Laws Validity Act 1865 (Imp)? a. Purpose of the act was to remove any apparent inconsistency between local (colonial) and british (imperial) legislation

85. When did Queen Victoria assent to the Commonwealth of Australia Constitution Act 1900 (Imp)? a. 9 july 1900 86. What is the Latin term for ‘No-one’s land’? a. Tera nulius 87. What is the Privy Council? a. A body of advisers appointed by a soverigen or a governor general 88. When were appeals to the Privy Council from the High Court abolished? a. 1986 australias act 89. Can the UK still make legislation for Australia? a. no 90. What would the citation be for a Queensland Act called the ‘Water Act’ which came into force in 2017? a. Water act (2017) QA 91. What would the citation be for a case reported in the second volume for 2017 of the Queensland Reports and with the case name ‘Smith v Brown’? a. Smith v brown [2017] 2 QR 92. What is a federal system of government? a. System that divides up a power of strong national government and smaller locl governments 93. How many senators are there in Australia? a. 76 senators, 12 from each state 94. How is the prime minister of Australia selected? a. Is chosen as a leader, through a vote by members of his or her own parliamentary party – and then the public votes 95. What is a ‘double dissolution’? a. The simultaneous dissolution of the upper and lower houses of parliament preparatory to an election, used to resolve a deadlock between the houses 96. What is a ‘referendum’ and what is its relevance to the Australian Constitution?

a. Referendum is used to decide a national question that does not affect the constitution 97. What are the three arms of government? a. Legislative – judiciary and executive 98. What is the ‘separation of powers’ doctrine? a. Divides the institutions of government intro three branches – executive, judicial and legislative 99. Does Queensland have a charter of rights? a. no 100.

What happens at the second reading stage of a bill’s passage through parliament? a. Policy debate relating to the principles of a particular bill – minister might speak for up to 20 minutes

101.

What is a ‘plaintiff’? a. A person who brings a case against another in court

102.

What does the term ‘common law’ mean? a. The part of the English law that is derived from custom and judicial precedent rather than the statutes

103.

What doctrine does the Latin tag ‘stare decisis’ relate to? a. Legal doctrine that obligates courts to follow historical cases when making a ruling on a similar current or future case

104.

What is ‘equity’? a. Refers to a set of remedies and associated procedures involved with civil law

105. Fred sues Betty in negligence and wins the case, but he is unhappy about the amount of damages awarded to him by the judge. Who could initiate an appeal in this case? a. Fred 106.

What is ‘Magna Carta’? a. The great charter – established principle that everbody, including the kind must abide by the law

107.

What is the significance of the ‘rule of law’? a. The law applys equally to everyone in a democracy

108.

What is the relationship between statute law and common law? a. The main difference between the two systems Is that in common law countries, case law in the form of published judiciary opinions- is primary importance, whereas in civil law system, codified statues predominate

109.

What is the role of a barrister in legal proceedings? a. A barrister speaks in court and presents the case before a judge or jury.

110.

What is the role of the Governor in the making of laws in Queensland? a. Royal assent...


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