Question 1

The draft of a proposed statute is called delegated legislation.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following statements most accurately defines 'obiter dictum'?

Accepted Answer

A) Anything else said about the law in the course of a judgment that does not form part of the matters in issue. 
B) The doctrine of precedent;'to stand by a decision.' 
C) The legal reasoning upon which the decision in a case was based. 
D) The final order of the court is binding on the immediate parties to the action. 
A) Anything else said about the law in the course of a judgment that does not form part of the matters in issue. 
B) The doctrine of precedent;'to stand by a decision.' 
C) The legal reasoning upon which the decision in a case was based. 
D) The final order of the court is binding on the immediate parties to the action.

Question 3

An Act of parliament does not become law until it has received Royal Assent.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following best describes the literal rule of statutory interpretation?

Accepted Answer

A) The meaning and intention of language used in the Act is clear and it is the court's duty to apply it. 
B) The meaning and intention of language used in the Act is unclear so it is necessary to look at the law before the statute was passed. 
C) The meaning and intention of language used in the Act is unclear so it is necessary to read the act in its entirety and ask 'What mischief is this statute intended to remedy?'. 
D) The meaning and intention of language used in the Act is clear and it is the court's duty to apply it unless that would result in absurdity,injustice or repugnance. 
A) The meaning and intention of language used in the Act is clear and it is the court's duty to apply it. 
B) The meaning and intention of language used in the Act is unclear so it is necessary to look at the law before the statute was passed. 
C) The meaning and intention of language used in the Act is unclear so it is necessary to read the act in its entirety and ask 'What mischief is this statute intended to remedy?'. 
D) The meaning and intention of language used in the Act is clear and it is the court's duty to apply it unless that would result in absurdity,injustice or repugnance.

Question 5

'Res judicata' is known as: ?VARIANT
VARIANT

Accepted Answer

A) anything said about the law in the course of a judgment that does not form part of the matters in issue. 
B) the doctrine of precedent;'to stand by a decision.' 
C) the final order of the court is binding on the immediate parties to the action. 
D) the legal reasoning upon which the decision in a case was based. 
A) anything said about the law in the course of a judgment that does not form part of the matters in issue. 
B) the doctrine of precedent;'to stand by a decision.' 
C) the final order of the court is binding on the immediate parties to the action. 
D) the legal reasoning upon which the decision in a case was based.

Question 6

The maxim noscitur a sociis refers to the rule used to find a viable meaning for a broad general word.

Accepted Answer

A) True 
 B)False

Question 7

In relation to the passage of Federal legislation,what is 'Royal Assent'?

Accepted Answer

A) The first stage in the passage of an act,when the bill is presented to the Governor General for approval. 
B) The final stage in the passage of an act,when the bill is presented to the Queen for approval. 
C) The first stage in the passage of an act,when the bill is presented to the Queen for approval. 
D) The final stage in the passage of an act,when the bill is presented to the Governor General for approval. 
A) The first stage in the passage of an act,when the bill is presented to the Governor General for approval. 
B) The final stage in the passage of an act,when the bill is presented to the Queen for approval. 
C) The first stage in the passage of an act,when the bill is presented to the Queen for approval. 
D) The final stage in the passage of an act,when the bill is presented to the Governor General for approval.

Question 8

The use of the word: 'means' in legislation indicates that a word has an exact meaning.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following will NOT be used by a court to assist in the interpretation of Queensland legislation?

Accepted Answer

A) Common law rules of statutory interpretation. 
B) Previous cases or precedent. 
C) The Acts Interpretation Act 1901 (Cth). 
D) Objects clauses and definitions sections in the legislation. 
A) Common law rules of statutory interpretation. 
B) Previous cases or precedent. 
C) The Acts Interpretation Act 1901 (Cth). 
D) Objects clauses and definitions sections in the legislation.

Question 10

Which of the following is NOT 'extrinsic material' within the meaning of s 15AB of the Acts Interpretation Act 1901 (Cth)?

Accepted Answer

A) Relevant media commentary. 
B) Relevant reports of law reform commissions and parliamentary debates. 
C) International treaties. 
D) The Second Reading speech. 
A) Relevant media commentary. 
B) Relevant reports of law reform commissions and parliamentary debates. 
C) International treaties. 
D) The Second Reading speech.

Question 11

If a bill is twice rejected by the Senate while being passed by the House of Representatives on both occasions,which of the following may occur?

Accepted Answer

A) A referendum. 
B) An appeal to the High Court. 
C) The Prime Minister decides whether the bill is passed. 
D) A double dissolution of both houses. 
A) A referendum. 
B) An appeal to the High Court. 
C) The Prime Minister decides whether the bill is passed. 
D) A double dissolution of both houses.

Question 12

Courts lack authority to review the validity of delegated legislation.?VARIANT
VARIANT

Accepted Answer

A) True 
 B)False

Question 13

Common law and equity are considered two main sources of law in our legal system.?VARIANT
VARIANT

Accepted Answer

A) True 
 B)False

Question 14

Which technique may a court use to avoid compliance with an otherwise binding precedent? What is the term that describes a technique used by the courts to avoid having to comply with an otherwise binding precedent??VARIANT
VARIANT

Accepted Answer

A) Upholding. 
B) Affirming. 
C) Differentiating. 
D) Distinguishing. 
A) Upholding. 
B) Affirming. 
C) Differentiating. 
D) Distinguishing.

Question 15

Explain the doctrine of res judicata.

Accepted Answer

Res Judicata (a thing adjudged

Question 16

Delegated legislation is considered an original source of law.?ADDITION
ADDITION

Accepted Answer

A) True 
 B)False

Question 17

According to the literal approach to statutory interpretation,a court should interpret the wording of a statute literally.Explain why this is historically the preferred approach of the courts,and why it might,in some situations,lead to injustice or an otherwise inappropriate result.

Accepted Answer

The literal approach to statutory interp

Question 18

Which of the following statements best reflects the translation of the term 'ratio decidendi'?

Accepted Answer

A) 'A matter which has been adjudicated upon.' 
B) 'The reason for the decision.' 
C) 'Let the decision stand.' 
D) 'A saying by the way.' 
A) 'A matter which has been adjudicated upon.' 
B) 'The reason for the decision.' 
C) 'Let the decision stand.' 
D) 'A saying by the way.'

Question 19

The benefits of being able to use the internet as a source of law include:

Accepted Answer

A) Information is available free of charge. 
B) Information is current. 
C) Information is available quickly. 
D) All of the above. 
A) Information is available free of charge. 
B) Information is current. 
C) Information is available quickly. 
D) All of the above.

Exam 3: How Law Is Made: Precedentstatute Law

The draft of a proposed statute is called delegated legislation.

Which of the following statements most accurately defines 'obiter dictum'?

An Act of parliament does not become law until it has received Royal Assent.

Which of the following best describes the literal rule of statutory interpretation?

'Res judicata' is known as: ?VARIANT VARIANT

The maxim noscitur a sociis refers to the rule used to find a viable meaning for a broad general word.

In relation to the passage of Federal legislation,what is 'Royal Assent'?

The use of the word: 'means' in legislation indicates that a word has an exact meaning.

Which of the following will NOT be used by a court to assist in the interpretation of Queensland legislation?

Which of the following is NOT 'extrinsic material' within the meaning of s 15AB of the Acts Interpretation Act 1901 (Cth)?

If a bill is twice rejected by the Senate while being passed by the House of Representatives on both occasions,which of the following may occur?

Courts lack authority to review the validity of delegated legislation.?VARIANT VARIANT

Common law and equity are considered two main sources of law in our legal system.?VARIANT VARIANT

Which technique may a court use to avoid compliance with an otherwise binding precedent? What is the term that describes a technique used by the courts to avoid having to comply with an otherwise binding precedent??VARIANT VARIANT

Explain the doctrine of res judicata.

Delegated legislation is considered an original source of law.?ADDITION ADDITION

According to the literal approach to statutory interpretation,a court should interpret the wording of a statute literally.Explain why this is historically the preferred approach of the courts,and why it might,in some situations,lead to injustice or an otherwise inappropriate result.

Which of the following statements best reflects the translation of the term 'ratio decidendi'?

The benefits of being able to use the internet as a source of law include:

Legal Foundations

Legal Systems

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