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?
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Judicial dispute resolution occurs through which of the following bodies?
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What type of law is involved in the case R v Abbott?
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What is the source of law which gives the Commonwealth government the power to quarantine people arriving in Australia?
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What is the role of the High Court?
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Indigenous Australians' spiritual connection to the land derives from which of the following?
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COVID-19 regulations reflect which of the following?
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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?
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What does it mean when a member of parliament crosses the floor?
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Mechanisms for law reform include which of the following?
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How do non-government organizations help reform the law?
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Parliament enacting legislation which infringes the independence of the judiciary is a breach of which of the following?
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What is the role of a magistrate in a criminal trial?
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Which of the following is the peak administrative review body that hears disputes concerning Commonwealth government decisions?
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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?
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Court-based remedies to reduce the inflexibility of the common law are a feature of which of the following?
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France has an inquisitorial trial system, what does this mean?
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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.
Cultural and Social Aspects
- 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.