Question 1

The Police are often described as community guardians of the peace and have a number of duties which include:

Accepted Answer

A) the protection of life and property. 
B) the enforcement of law and the safety of the public. 
C) the prevention of crime and the apprehension of offenders. 
D) all of the above. 
A) the protection of life and property. 
B) the enforcement of law and the safety of the public. 
C) the prevention of crime and the apprehension of offenders. 
D) all of the above. D

Question 2

Appellate jurisdiction is the only jurisdictional power of the High Court.

Accepted Answer

A) True 
 B)False  False

Question 3

What are some of the distinctions between the duties of a solicitor and the duties of a barrister?

Accepted Answer

The duties of a solicitor include:
•Conveyancing and drafting (drawing up documents);
•The preparation of wills and the administration of estates;
•Family law problems;
•Taxation problems;
•Litigation;and
•Preparation of various legal documents relating to topics such as the drawing up of contracts,the formation or dissolution of businesses,and the preparation of documents and all other relevant matters before trial in which a barrister is employed on behalf of the client (called a 'brief').
The duties of a barrister are:
•Giving 'opinions' to clients on the facts presented to them,setting out the relevant law and indicating the likely outcome of any action;and
•Preparing pleadings for court cases and appearing in court to represent and plead or argue a case for a client if the barrister is 'briefed' as 'counsel' in either a civil or criminal case.

Question 4

Which of the following matters fall within the original jurisdiction of the High Court?

Accepted Answer

A) Disputes between States. 
B) Disputes between individuals over land within one State. 
C) Disputes relating to the constitutions of individual States. 
D) Appeals from State Supreme Courts. 
A) Disputes between States. 
B) Disputes between individuals over land within one State. 
C) Disputes relating to the constitutions of individual States. 
D) Appeals from State Supreme Courts.

Question 5

Which of the following is NOT one of the differences between Tribunals and Courts?

Accepted Answer

A) The jurisdiction of a court is usually restricted to a narrow area,whereas the jurisdiction of a tribunal is more general. 
B) The decision of a court can usually be appealed,whereas the decision of a tribunal is usually final. 
C) Courts generally allow legal representation,whereas tribunals generally restrict legal representation. 
D) Tribunals are less formal and less intimidating than courts. 
A) The jurisdiction of a court is usually restricted to a narrow area,whereas the jurisdiction of a tribunal is more general. 
B) The decision of a court can usually be appealed,whereas the decision of a tribunal is usually final. 
C) Courts generally allow legal representation,whereas tribunals generally restrict legal representation. 
D) Tribunals are less formal and less intimidating than courts.

Question 6

A civil court's jurisdiction is controlled by its monetary jurisdictional limit.

Accepted Answer

A) True 
 B)False

Question 7

What is the appellate jurisdiction of the High Court?

Accepted Answer

A) To hear appeals from State and Territory Supreme Courts,the Family Court of Australia and from the Federal Court of Australia. 
B) The High Court does not have an appellate jurisdiction. 
C) To hear indictable offences against the laws of the Commonwealth,cases where the Commonwealth itself is a party,disputes between two or more states,or matters involving residents of two or more states. 
D) To guard and interpret the States' Constitutions. 
A) To hear appeals from State and Territory Supreme Courts,the Family Court of Australia and from the Federal Court of Australia. 
B) The High Court does not have an appellate jurisdiction. 
C) To hear indictable offences against the laws of the Commonwealth,cases where the Commonwealth itself is a party,disputes between two or more states,or matters involving residents of two or more states. 
D) To guard and interpret the States' Constitutions.

Question 8

The Federal Circuit Court was established to reduce the workload of the Federal Court and the Family Court.(i)How was this reduction in workload to be achieved? (ii)Has this reduction in fact been achieved? You may wish to visit http://www.federalcircuitcourt.gov.au.

Accepted Answer

(i) The reduction in workload was to be

Question 9

Common law provides for a right of appeal.

Accepted Answer

A) True 
 B)False

Question 10

When is Special Leave,that is,permission to appeal from either a State or Territory Supreme Court or a Federal Court to the High Court,required?

Accepted Answer

A) Only in cases involving State law and federal law. 
B) Only in cases involving matters of major public importance. 
C) Only in cases involving the interpretation of the Australian Constitution. 
D) In all cases. 
A) Only in cases involving State law and federal law. 
B) Only in cases involving matters of major public importance. 
C) Only in cases involving the interpretation of the Australian Constitution. 
D) In all cases.

Question 11

What is the monetary limit in the Queensland District Court in civil matters?

Accepted Answer

A) $750,000 
B) $250,000 
C) $50,000 
D) $100,000 
A) $750,000 
B) $250,000 
C) $50,000 
D) $100,000

Question 12

An eCourt uses mediation to promote alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 13

In a civil case,the required standard of proof is beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 14

Indictable Offences are:

Accepted Answer

A) preliminary hearing before a Magistrate of a serious criminal offence,where the Magistrate decides if there is enough evidence against the accused to proceed to a formal trial. 
B) less formal proceedings where the accused pleads guilty. 
C) more serious criminal offences generally heard in intermediate or superior courts. 
D) less serious crimes which are usually heard in the Magistrates Court. 
A) preliminary hearing before a Magistrate of a serious criminal offence,where the Magistrate decides if there is enough evidence against the accused to proceed to a formal trial. 
B) less formal proceedings where the accused pleads guilty. 
C) more serious criminal offences generally heard in intermediate or superior courts. 
D) less serious crimes which are usually heard in the Magistrates Court.

Question 15

Is the High Court a State Court,that is located within the State court hierarchy,or is it a Federal court,that is located within the Federal court hierarchy?

Accepted Answer

A) The High Court is neither a State Court nor a Federal Court. 
B) The High Court is a State Court located within the State court hierarchy. 
C) The High Court is a Federal Court located within the Federal court hierarchy. 
D) The High Court is both a State Court and a Federal Court. 
A) The High Court is neither a State Court nor a Federal Court. 
B) The High Court is a State Court located within the State court hierarchy. 
C) The High Court is a Federal Court located within the Federal court hierarchy. 
D) The High Court is both a State Court and a Federal Court.

Question 16

What is the meaning of the term 'court hierarchy'?

Accepted Answer

A) A tiered court system within each particular jurisdiction. 
B) The horizontal arrangement of courts within Australia. 
C) A vertical system of appellate courts. 
D) The supreme courts of the various states and territories. 
A) A tiered court system within each particular jurisdiction. 
B) The horizontal arrangement of courts within Australia. 
C) A vertical system of appellate courts. 
D) The supreme courts of the various states and territories.

Question 17

Committal Proceedings are:

Accepted Answer

A) more serious criminal offences generally heard in intermediate or superior courts. 
B) less serious crimes which are usually heard in the Magistrates Court. 
C) preliminary hearings of a serious criminal offence,where a Magistrate decides if there is enough evidence against the accused to proceed to a formal trial. 
D) less formal proceedings where the accused pleads guilty. 
A) more serious criminal offences generally heard in intermediate or superior courts. 
B) less serious crimes which are usually heard in the Magistrates Court. 
C) preliminary hearings of a serious criminal offence,where a Magistrate decides if there is enough evidence against the accused to proceed to a formal trial. 
D) less formal proceedings where the accused pleads guilty.

Question 18

Match between columns
                        Premises: Cash
Inventory
Land
Machine
Building
Income taxes payable in 30 days
Utilities payable
Note receivable due in 30 days
Common Stock
Goodwill
Value of company logo
Wages expense
Value of land in excess of cost
Mortgage payable
Accounts receivable

Accepted Answer

The Answer of Current assets and Long-term investments and Long-term is...

Question 19

Which of the following is NOT one of the advantages of ADR (Alternative Dispute Resolution)over formal litigation?

Accepted Answer

A) ADR is less intimidating than formal litigation. 
B) ADR is less expensive than formal litigation. 
C) ADR is more likely to be heard quickly than formal litigation. 
D) ADR is more authoritative than formal litigation. 
A) ADR is less intimidating than formal litigation. 
B) ADR is less expensive than formal litigation. 
C) ADR is more likely to be heard quickly than formal litigation. 
D) ADR is more authoritative than formal litigation.

Question 20

Which of the following is NOT a characteristic of a court of first instance?

Accepted Answer

A) A court that has appellate jurisdiction. 
B) A court that has original jurisdiction. 
C) A court where the parties first litigate a matter.. 
D) A court that hears cases involving plaintiffs and defendants. 
A) A court that has appellate jurisdiction. 
B) A court that has original jurisdiction. 
C) A court where the parties first litigate a matter.. 
D) A court that hears cases involving plaintiffs and defendants.

Exam 2: Legal Systems

The Police are often described as community guardians of the peace and have a number of duties which include:

Appellate jurisdiction is the only jurisdictional power of the High Court.

What are some of the distinctions between the duties of a solicitor and the duties of a barrister?

Which of the following matters fall within the original jurisdiction of the High Court?

Which of the following is NOT one of the differences between Tribunals and Courts?

A civil court's jurisdiction is controlled by its monetary jurisdictional limit.

What is the appellate jurisdiction of the High Court?

The Federal Circuit Court was established to reduce the workload of the Federal Court and the Family Court.(i)How was this reduction in workload to be achieved? (ii)Has this reduction in fact been achieved? You may wish to visit http://www.federalcircuitcourt.gov.au.

Common law provides for a right of appeal.

When is Special Leave,that is,permission to appeal from either a State or Territory Supreme Court or a Federal Court to the High Court,required?

What is the monetary limit in the Queensland District Court in civil matters?

An eCourt uses mediation to promote alternative dispute resolution.

In a civil case,the required standard of proof is beyond a reasonable doubt.

Indictable Offences are:

Is the High Court a State Court,that is located within the State court hierarchy,or is it a Federal court,that is located within the Federal court hierarchy?

What is the meaning of the term 'court hierarchy'?

Committal Proceedings are:

Which of the following is NOT one of the advantages of ADR (Alternative Dispute Resolution)over formal litigation?

Which of the following is NOT a characteristic of a court of first instance?

Legal Foundations

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

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