Legal Studies Practice Exam

Questions and Answers

The person who actually commits a crime is called?

the perpetrator

The Victorian state government challenges an act of the Commonwealth Parliament. Which court would determine the validity of the Commonwealth legislation?

the High Court

Which non-legal measure best protects the rule of law?

the media

Which of the following is the final step for a bill to become an act of state parliament?

Assent by the Governor Signup and view all the answers

Judicial dispute resolution occurs through which of the following bodies?

the courts Signup and view all the answers

What type of law is involved in the case R v Abbott?

criminal Signup and view all the answers

What is the source of law which gives the Commonwealth government the power to quarantine people arriving in Australia?

the constitution Signup and view all the answers

What is the role of the High Court?

to hear appeals from lower courts in Australia and constitutional cases Signup and view all the answers

Indigenous Australians' spiritual connection to the land derives from which of the following?

the dreaming and oral traditions Signup and view all the answers

COVID-19 regulations reflect which of the following?

the responsiveness of the law to social change Signup and view all the answers

Banjo hires Patterson to build a carport at his home, the work was done poorly and Banjo wants his money back. Which of the following is true in this scenario?

Banjo, as the plaintiff, must prove breach of contract on the balance of probabilities Signup and view all the answers

What does it mean when a member of parliament crosses the floor?

the MP votes on a bill against the position of their political party Signup and view all the answers

Mechanisms for law reform include which of the following?

Parliament Signup and view all the answers

How do non-government organizations help reform the law?

by putting pressure on lawmakers Signup and view all the answers

Parliament enacting legislation which infringes the independence of the judiciary is a breach of which of the following?

the separation of powers Signup and view all the answers

What is the role of a magistrate in a criminal trial?

to act as a referee and determine the truth of the facts presented Signup and view all the answers

Which of the following is the peak administrative review body that hears disputes concerning Commonwealth government decisions?

the Administrative Appeals Tribunal Signup and view all the answers

Bruna and her eye-seeing dog are refused entry to a local cinema. Which of the following bodies will best enforce her legal rights against the cinema?

the courts Signup and view all the answers

Court-based remedies to reduce the inflexibility of the common law are a feature of which of the following?

equity Signup and view all the answers

France has an inquisitorial trial system, what does this mean?

the judiciary has responsibility for uncovering the truth Signup and view all the answers

Study Notes

Legal Terminology and Concepts

Perpetrator: The individual who actually commits a crime.
High Court Position: Responsible for determining the validity of Commonwealth legislation when challenged by the Victorian state government.
Rule of Law Protection: The media serves as a vital non-legal measure to uphold the rule of law.

Legislative Process

Final Step for Bill: Assent from the Governor is necessary for a bill to become an act in state parliament.
Judicial Dispute Resolution: Occurs primarily through the courts.

Legal Cases and Types of Law

Case Reference: R v Abbott pertains to criminal law.
Source of Quarantine Power: The Constitution grants authority to the Commonwealth government to impose quarantine measures.

Role of Courts

High Court Function: Hears appeals from lower courts and constitutional cases, playing a crucial role in the judicial system.

Indigenous Connection to Land: Derives from "the dreaming" and oral traditions, highlighting their spiritual relationship with the land.
COVID-19 Regulations: Examples of how law adapts to societal changes.

Legal Obligations and Rights

Breach of Contract: In a dispute, the plaintiff (Banjo) must prove breach of contract based on a balance of probabilities.
Crossing the Floor: Occurs when an MP votes contrary to their party's stance on a bill.

Law Reform Mechanisms

Law Reform Sources: Courts and parliament are essential mechanisms that drive law reform.
NGO Influence: Non-government organizations aid in legal reform by exerting pressure on lawmakers.

Judicial Independence

Separation of Powers: Enacting legislation that compromises judicial independence breaches this principle.
Role of Magistrate: Acts as a referee in criminal trials, assessing the truth of presented facts.

Administrative and Enforcement Bodies

Administrative Appeals Tribunal: The peak body for reviewing disputes related to Commonwealth government decisions.
Enforcement of Rights: Courts serve as the primary body to uphold legal rights in civil matters, such as access to public spaces.

Equity and Common Law

Equity: Court-based remedies designed to address the rigidity of common law are characteristic of equity systems.

Comparative Legal Systems

Inquisitorial System in France: Judicial responsibility primarily lies with uncovering the truth, distinguishing it from adversarial systems.

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Description

Test your knowledge with this comprehensive legal studies practice exam consisting of multiple choice questions. From understanding key legal terms to the structure of courts, this quiz will help solidify your understanding of legal concepts relevant to the Victorian state and Commonwealth legislation.