Question 1

If there is a conflict between common law and Equity:

Accepted Answer

A) equity will prevail. 
B) either could prevail depending on the circumstances of the case. 
C) equity prevails but only if the court allows it to. 
D) common law will prevail. 
A) equity will prevail. 
B) either could prevail depending on the circumstances of the case. 
C) equity prevails but only if the court allows it to. 
D) common law will prevail. A

Question 2

Which of the following terms is NOT used to describe the common law?

Accepted Answer

A) Precedent. 
B) Case law. 
C) Statute law. 
D) Unwritten. 
A) Precedent. 
B) Case law. 
C) Statute law. 
D) Unwritten. C

Question 3

The 'concurrent' powers of the Commonwealth are those powers which are:

Accepted Answer

A) able to be exercised only by the States. 
B) able to be exercised only by the Commonwealth. 
C) able to be exercised by neither the Commonwealth nor the States. 
D) shared by the Commonwealth and the States. 
A) able to be exercised only by the States. 
B) able to be exercised only by the Commonwealth. 
C) able to be exercised by neither the Commonwealth nor the States. 
D) shared by the Commonwealth and the States. D

Question 4

In Australia,the law is derived from several sources.Which of the following are the two main sources of the law in Australia?

Accepted Answer

A) Private and Public law. 
B) Common law and Statute law. 
C) International law and Treaties. 
D) All of the above. 
A) Private and Public law. 
B) Common law and Statute law. 
C) International law and Treaties. 
D) All of the above.

Question 5

Executive power in Australia is vested in the Queen.

Accepted Answer

A) True 
 B)False

Question 6

The decision of the High Court in the case Commonwealth v Tasmania (1983)158 CLR 1,was based upon which head of constitutional power?

Accepted Answer

A) The reserve power. 
B) The external affairs power. 
C) The environmental power. 
D) The conciliation and arbitration power. 
A) The reserve power. 
B) The external affairs power. 
C) The environmental power. 
D) The conciliation and arbitration power.

Question 7

Which of the following statements is correct?

Accepted Answer

A) The Commonwealth of Australia has exclusive powers in respect of some aspects of government. 
B) The Commonwealth of Australia has all those powers with regard to government in Australia which are not exercised by the States. 
C) The Commonwealth of Australia has overriding powers in all aspects of Australian government. 
D) The Commonwealth of Australia has reserve powers which override all aspects of Australian government. 
A) The Commonwealth of Australia has exclusive powers in respect of some aspects of government. 
B) The Commonwealth of Australia has all those powers with regard to government in Australia which are not exercised by the States. 
C) The Commonwealth of Australia has overriding powers in all aspects of Australian government. 
D) The Commonwealth of Australia has reserve powers which override all aspects of Australian government.

Question 8

The Australian Constitution is a significant legal document that is:

Accepted Answer

A) the story of the Australian legal system. 
B) the law that regulates how Australia is governed. 
C) a set of citizen rights. 
D) the law which regulates commercial transactions. 
A) the story of the Australian legal system. 
B) the law that regulates how Australia is governed. 
C) a set of citizen rights. 
D) the law which regulates commercial transactions.

Question 9

Equity law:

Accepted Answer

A) provides a wider range of remedies than the common law. 
B) complements the common law. 
C) is based upon the concept of fairness. 
D) all of the above. 
A) provides a wider range of remedies than the common law. 
B) complements the common law. 
C) is based upon the concept of fairness. 
D) all of the above.

Question 10

The main objective of criminal law is to seek compensation for the victim.

Accepted Answer

A) True 
 B)False

Question 11

Since Federation in 1901,there have been 44 proposals to amend the Commonwealth Constitution.How many have been successful?

Accepted Answer

A) Only 35 of the proposals. 
B) All of the proposals. 
C) Only 8 of the proposals. 
D) None of them. 
A) Only 35 of the proposals. 
B) All of the proposals. 
C) Only 8 of the proposals. 
D) None of them.

Question 12

Which is the best definition of Civil Law as a legal system?

Accepted Answer

A) Laws based on the Koran. 
B) Codified laws. 
C) Laws based on the Bible. 
D) Laws made by sovereigns. 
A) Laws based on the Koran. 
B) Codified laws. 
C) Laws based on the Bible. 
D) Laws made by sovereigns.

Question 13

Procedural law:

Accepted Answer

A) ensures that the rules of procedure and evidence are strictly followed. 
B) ensures fairness in terms of remedy. 
C) overrules substantive law. 
D) is concerned with disputes between people or organisations. 
A) ensures that the rules of procedure and evidence are strictly followed. 
B) ensures fairness in terms of remedy. 
C) overrules substantive law. 
D) is concerned with disputes between people or organisations.

Question 14

Laws made by parliaments are called statute law.

Accepted Answer

A) True 
 B)False

Question 15

Since Federation,Australia has ratified a large number of international treaties and conventions including which of the following?

Accepted Answer

A) The Asia Pacific Economic Cooperation (APE
C) . 
B) The Vienna Sales Convention. 
C) The General Agreement on Tariffs and Trade (GATT). 
D) All of the above. 
A) The Asia Pacific Economic Cooperation (APE
C) . 
B) The Vienna Sales Convention. 
C) The General Agreement on Tariffs and Trade (GATT). 
D) All of the above.

Question 16

A significant feature of the civil law (code)system is:

Accepted Answer

A) law made by Judges. 
B) law based on the Roman law and the Napoleonic Code 
C) adversarial based legal process. 
D) law made by civil institutions. 
A) law made by Judges. 
B) law based on the Roman law and the Napoleonic Code 
C) adversarial based legal process. 
D) law made by civil institutions.

Question 17

Which of the following characteristics describes an effective and acceptable legal system?

Accepted Answer

A) Seen to be fair by most people. 
B) Able to change and adapt to changing circumstances. 
C) Easy for people to learn about. 
D) All of the above. 
A) Seen to be fair by most people. 
B) Able to change and adapt to changing circumstances. 
C) Easy for people to learn about. 
D) All of the above.

Question 18

In a number of constitutional cases that have been heard by the High Court,the powers of the Federal Government have been expanded at the expense of the States.Explain fully why the High Court has taken this approach,and in your answer provide one case example to support your argument and discussion.

Accepted Answer

The High Court has often expanded the po

Question 19

Which of the following is NOT a concurrent power of the Commonwealth under s 51 of the Commonwealth Constitution?

Accepted Answer

A) Insurance 
B) Customs. 
C) Industrial relations. 
D) Banking. 
A) Insurance 
B) Customs. 
C) Industrial relations. 
D) Banking.

Question 20

Equity is a system of fairness that applies to all legal disputes in Australia.

Accepted Answer

A) True 
 B)False

Exam 1: Legal Foundations

If there is a conflict between common law and Equity:

Which of the following terms is NOT used to describe the common law?

The 'concurrent' powers of the Commonwealth are those powers which are:

In Australia,the law is derived from several sources.Which of the following are the two main sources of the law in Australia?

Executive power in Australia is vested in the Queen.

The decision of the High Court in the case Commonwealth v Tasmania (1983)158 CLR 1,was based upon which head of constitutional power?

Which of the following statements is correct?

The Australian Constitution is a significant legal document that is:

Equity law:

The main objective of criminal law is to seek compensation for the victim.

Since Federation in 1901,there have been 44 proposals to amend the Commonwealth Constitution.How many have been successful?

Which is the best definition of Civil Law as a legal system?

Procedural law:

Laws made by parliaments are called statute law.

Since Federation,Australia has ratified a large number of international treaties and conventions including which of the following?

A significant feature of the civil law (code)system is:

Which of the following characteristics describes an effective and acceptable legal system?

Which of the following is NOT a concurrent power of the Commonwealth under s 51 of the Commonwealth Constitution?

Equity is a system of fairness that applies to all legal disputes in Australia.

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Filters