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• why must there be a separation of powers between legislative, government and judiciary?

  • checks and balances: each branch has influence over the others, ensuring no branch is too powerful
  • to prevent tyranny: prevents too much power in a single branch, reducing risk of abuse to citizens
  • rule of law: by separating power, rule of law is upheld, ensuring everyone is accountable under the law
• common law refers to

  a.Certain rights which are common to all citizens, which are declared in the Constitution

  b. The law which is common to the States and the Commonwealth 

  c. Statutory law

  d. refers to case law (judge-made law) as a source of law; and yet again it may also refer to judge-made law emanating from common law courts as distinct from equity courts

  A) D

  
• Judge Lannister sits in the Supreme Court of Victoria. She discovers a number of previous cases similar to the one she is currently hearing. Which of the following decisions would Judge Lannister be bound to follow?

  a.A decision of the High Court of Australia

  b. A decision of the County Court in Victoria

  c. A decision of the Federal Court of Australia

  d. A decision of the Supreme Court of New South Wales

  A) a

  
• The Commonwealth of Australia Constitution Act 1900 (Imp):

  a.Can be changed by passing an Act of Parliament

  b. Divided the powers of government between the central or national government and those of the various states

  c. Created a Presidential system of government

  d. Lists the residual law making powers of the federal parliament

  A) b

  
• Which of the following statements is INCORRECT?

  a.If there is a conflict between a Commonwealth Act and a State Act, the latter prevails to the extent of the inconsistency

  b. Residual powers are those matters about which only the States may make laws

  c. Concurrent powers are those matters where both the Commonwealth Parliament and the State parliaments can enact laws

  d. Exclusive powers are those matters where only the Commonwealth Parliament may enact laws

  A) a

  
• Section 9 of transport railway act states that '[i]t is an offence to damage, deface or otherwise destroy any railway property.' Punishment =$1000 fine. Betty suffers an epileptic fit, throws her hands on the glass window and cracks it. She also spills chocolate drink staining train seat. Which is correct?

  a)Betty did breach section 9 of the Act

  b) Betty did not breach section 9 of the Act

  A) b

  
• Which of the following options correctly describes the relationship between business ethics and the law?

  a)Legal conduct and ethical conduct never overlap

  b) If a particular course of business conduct is ethical, it is also legal

  c) If a particular course of business conduct is legal, it is also ethical

  d) Legal conduct and ethical conduct may overlap, but do not necessarily overlap

  A) d

  
• In a civil case in the Supreme Court of Victoria there is a conflict between a common law principle and a section of a Victorian statute. What would a judge decide in this case?

  a.Follow the statute law as it overrides the common law

  b.Follow the common law principle as she or he is bound by precedent

  c.Ignore both laws and make a fresh decision

  d.Seek advice from the High Court on the conflict

  A) a

  
• Which of the following statements is CORRECT? 

  a.In a civil action, the plaintiff must prove her/his case on the balance of probabilities

  b. In criminal proceedings, the crown has a lesser standard of proof than in civil proceedings 

  c. In a civil action, the plaintiff must prove her/his case beyond reasonable doubt

  d. The usual purpose of criminal actions is to obtain monetary compensation (i.e. damages)

  A) a

  B) higher

  C) standard

  
• Which one of the following statements suggests a failure of the basic principles of the rule of law?

  a.The law is clear, just and accessible

  b. Commonwealth legislation is made according to the wishes of the Prime Minister and Cabinet

  c. A person is not treated differently by the legal system on the basis of his or her sexual preferences or religious beliefs

  d. A judge of the High Court is held accountable under the law

  A) b

  
• Which of the following is NOT a term used to describe law made by parliament?

  a.Legislation

  b. Statutes

  c. Acts

  d. Precedent

  A) d

  B) judge made

  
• Which of the following statements is CORRECT?

  a.Australia is a federal republic

  b. Australia is a federal constitutional republic 

  c. Australia is a democratic republic

  d. Australia is a federal constitutional monarchy

  A) d

  B) constitution

  C) king