Question 1

Which of the following major legal systems is based on the doctrine of proper behaviour and is followed by approximately 20 per cent of the world's population?

Accepted Answer

A) The Hindu law system. 
B) The civil law system. 
C) The common law system. 
D) The Islamic legal system. 
A) The Hindu law system. 
B) The civil law system. 
C) The common law system. 
D) The Islamic legal system.

Question 2

In Chapter 1,the following useful definition of law is offered: 'A set of rules,developed over a long period of time regulating people's interactions with each other and which sets standards of conduct between individuals and other individuals,and individuals and the government and which are enforceable through sanction.' Can you identify and explain any problems with or omissions from this definition?

Accepted Answer

One potential problem with this definiti

Question 3

Explain how international law is having an increasingly important impact upon domestic Australian law and upon the lives of Australians generally.Why do you think this is occurring?

Accepted Answer

International law is having an increasin

Question 4

According to the doctrine of the separation of powers,which branch or arm of government actually makes the law?

Accepted Answer

A) The Legislature. 
B) The Judiciary. 
C) The Executive. 
D) All of the above. 
A) The Legislature. 
B) The Judiciary. 
C) The Executive. 
D) All of the above.

Question 5

Law is most accurately described by which of the following?

Accepted Answer

A) Law is basically a device to regulate the economic and social behaviour of society. 
B) In society as a regulatory tool,the law informs people of what they can and cannot do and that if they break the law,they could be punished. 
C) The law as a regulatory device provides a mechanism for society to function in an orderly fashion,by prioritising needs and desires of that society through Acts and Regulations of Parliament. 
D) All of the above. 
A) Law is basically a device to regulate the economic and social behaviour of society. 
B) In society as a regulatory tool,the law informs people of what they can and cannot do and that if they break the law,they could be punished. 
C) The law as a regulatory device provides a mechanism for society to function in an orderly fashion,by prioritising needs and desires of that society through Acts and Regulations of Parliament. 
D) All of the above.

Question 6

Separation of powers is a reference to the division of powers between the Commonwealth and the states.

Accepted Answer

A) True 
 B)False

Question 7

Section 109 of the Commonwealth Constitution provides that where there is an inconsistency between a Commonwealth law and a State law:

Accepted Answer

A) the law which was made first shall prevail. 
B) the Commonwealth law shall prevail. 
C) the State law shall prevail. 
D) the law which was made most recently shall prevail. 
A) the law which was made first shall prevail. 
B) the Commonwealth law shall prevail. 
C) the State law shall prevail. 
D) the law which was made most recently shall prevail.

Question 8

The Australian Constitution gives the Federal Parliament exclusive power to make laws with respect to:

Accepted Answer

A) education. 
B) business. 
C) health. 
D) defence. 
A) education. 
B) business. 
C) health. 
D) defence.

Question 9

For civil law,the emphasis is on remedies,while the emphasis is on penalties for common law.

Accepted Answer

A) True 
 B)False

Question 10

Since Federation,very few proposed amendments to the Australia Constitution have been successfully passed.This is because of the requirement that:

Accepted Answer

A) the proposed amendments must be approved by a majority of voters in a majority of States. 
B) the proposed amendments must be passed by a majority of voters or a majority of States. 
C) the approval of the Governor-General on behalf of the Queen is required. 
D) the proposed amendments must be passed by an absolute majority of all elected members in both Houses of Parliament. 
A) the proposed amendments must be approved by a majority of voters in a majority of States. 
B) the proposed amendments must be passed by a majority of voters or a majority of States. 
C) the approval of the Governor-General on behalf of the Queen is required. 
D) the proposed amendments must be passed by an absolute majority of all elected members in both Houses of Parliament.

Question 11

The supreme law making power in Australia is exercised by:

Accepted Answer

A) the Parliament. 
B) the High Court. 
C) the Government. 
D) the Ministers in the Cabinet. 
A) the Parliament. 
B) the High Court. 
C) the Government. 
D) the Ministers in the Cabinet.

Question 12

Which of the following statements supports the philosophy of the doctrine of separation of powers?

Accepted Answer

A) The power to interpret law is exercised by the Judiciary. 
B) One limb of Government should not exercise the functions of another limb. 
C) The Legislature and the Executive must remain separate. 
D) All of the above. 
A) The power to interpret law is exercised by the Judiciary. 
B) One limb of Government should not exercise the functions of another limb. 
C) The Legislature and the Executive must remain separate. 
D) All of the above.

Question 13

The reason statute law takes priority over the common law is because:

Accepted Answer

A) common law principles come from old English cases. 
B) politicians are more accessible to the electorate. 
C) judges are accountable to the parliament. 
D) politicians are accountable to the electorate. 
A) common law principles come from old English cases. 
B) politicians are more accessible to the electorate. 
C) judges are accountable to the parliament. 
D) politicians are accountable to the electorate.

Question 14

When a Commonwealth act clashes with a State act,the State act must be followed.

Accepted Answer

A) True 
 B)False

Question 15

Roman law,Canon law and Merchant law are major sources of English law.

Accepted Answer

A) True 
 B)False

Question 16

Describe how the law and justice are linked in society.

Accepted Answer

Law embodies what society beli

Question 17

International treaties and conventions automatically become part of domestic law.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following statements is true?

Accepted Answer

A) The law of Equity applies to all civil disputes. 
B) The law of Equity only applies to criminal matters. 
C) The law of Equity does not apply to all criminal matters. 
D) The law of Equity does not apply to all civil disputes. 
A) The law of Equity applies to all civil disputes. 
B) The law of Equity only applies to criminal matters. 
C) The law of Equity does not apply to all criminal matters. 
D) The law of Equity does not apply to all civil disputes.

Question 19

How would you describe the law?

Accepted Answer

Law is a set of rules developed over a l

Question 20

The attitude of the High Court of Australia to the interpretation of the Constitution has been to expand the power of the Commonwealth Government.

Accepted Answer

A) True 
 B)False

Exam 1: Legal Foundations

Which of the following major legal systems is based on the doctrine of proper behaviour and is followed by approximately 20 per cent of the world's population?

Explain how international law is having an increasingly important impact upon domestic Australian law and upon the lives of Australians generally.Why do you think this is occurring?

According to the doctrine of the separation of powers,which branch or arm of government actually makes the law?

Law is most accurately described by which of the following?

Separation of powers is a reference to the division of powers between the Commonwealth and the states.

Section 109 of the Commonwealth Constitution provides that where there is an inconsistency between a Commonwealth law and a State law:

The Australian Constitution gives the Federal Parliament exclusive power to make laws with respect to:

For civil law,the emphasis is on remedies,while the emphasis is on penalties for common law.

Since Federation,very few proposed amendments to the Australia Constitution have been successfully passed.This is because of the requirement that:

The supreme law making power in Australia is exercised by:

Which of the following statements supports the philosophy of the doctrine of separation of powers?

The reason statute law takes priority over the common law is because:

When a Commonwealth act clashes with a State act,the State act must be followed.

Roman law,Canon law and Merchant law are major sources of English law.

Describe how the law and justice are linked in society.

International treaties and conventions automatically become part of domestic law.

Which of the following statements is true?

How would you describe the law?

The attitude of the High Court of Australia to the interpretation of the Constitution has been to expand the power of the Commonwealth Government.

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