Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 1 – The basis of Australian Law
Circle the most CORRECT answer
1.
A term that prohibits certain types of behaviour in society is called
a. moral rule
b. legal rule
c. manners
d. non legal rule
2.
Law is created by
a. parliament and subordinate authorities only
b. subordinate authorities and courts only
c. courts and parliament only
d. parliament, courts and subordinate authorities
3.
Statutes are laws made by parliament in the form of
a. precedents
b. delegated legislation
c. by laws
d. Acts
4.
Tom has been charged with rape, this is an example of
a. Indictable offence
b. Indictable offence triable summarily
c. Summary offence
d. Summary offence triable indictable
5.
Steven stole Peters skateboard and helmet this is an example of
a. Summary
b. Summary offences triable indictably
c. Indictable offence
d. Indictable offence triable summarily
6.
Mary drove through a red light this is an example
a. Summary offence
b. Indictable offence
c. Indictable offence triable summarily
d. Summary offences triable indictably
7.
All summary offences are heard
a. Count court
b. Magistrates court
c. Magistrate and District courts
d. Do not go to court
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
8.
Indictable offences are heard at the
a. Magistrates court
b. Magistrates and District courts
c. Supreme and District courts
d. Supreme courts only
9.
Indictable offences triable summarily are heard at
a. Magistrates court
b. Magistrates and District courts
c. District courts
d. Do not to court, offender is given a warning
10.
Criminal responsibility is proven when
a. Offender admits guilt
b. Actus reus is present
c. Mens rea is present
d. Actus reus and mens rea are present
11.
Barry committed a number of driving offence whilst under the influence
under the influence of alcohol which element(s) must be proven
a. Mens rea
b. Actus reus
c. Actus reus and men rea
d. None of the above
12.
An example of a sanction is
a. Fine
b. Compensation
c. Injunction
d. Bail
13.
An example of a sanction is
a. Fine
b. Compensation
c. Injunction
d. Bail
14.
The standard of proof in a criminal law case is
a. Beyond reasonable doubt
b. Balance of probabilities
c. Beyond some doubt
d. Beyond any doubt
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
15.
The party who bears the burden of proof in a civil case is
a. Judge
b. Magistrate
c. Defendant
d. Plaintiff
16.
An example of civil law area is
a. Contract
b. Taxation
c. Negligence
d. All of the above
17.
The standard of proof in a civil case is
a. Balance of some probabilities
b. Balance of probabilities
c. Balance of all probabilities
d. Balance of no probabilities
18.
In a criminal law trial, the jury decides on
a. Guilt or innocence of the accused
b. Whether the accused goes to jail
c. The period of time that the accused will be punished
d. All of the above
19.
Common law is made by courts in the form Of
a. Precedents
b. Acts
c. Regulations
d. Delegated legislation
20.
An example of public law includes
a. Constitutional law
b. Property law
c. Banking law
d. Corporate law
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 2 – The Australian Parliamentary system
Circle the most CORRECT answer
1.
All parliaments have
a. A lower house
b. A lower house and an upper house
c. An upper house
d. No houses
2.
Which parliament has only a lower house
a. Commonwealth parliament
b. NSW parliament
c. Tasmanian parliament
d. Northern Territory Parliament
3.
The Commonwealth of Australia Constitution Act 1900 specifies that the
Commonwealth Parliament must be comprised of
a. Governor General
b. Legislative assembly
c. Legislative council
d. Governor
4.
The House of representatives is the
a. Lower house of State Parliament
b. Lower house of Commonwealth Parliament
c. Upper house of State Parliament
d. Upper house of Commonwealth Parliament
5.
The head of the governing party in the Federal Parliament is
a. Premier
b. Governor
c. Prime Minister
d. Governor General
6.
The prime minister’s cabinet is comprised of the following
a. Senior ministers only
b. Junior ministers only
c. Senior and junior ministers
d. Senior ministers, junior ministers and premiers
7.
Judicial power is exercised by
a. Courts
b. Parliament
c. Subordinate authorities
d. Courts
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
8.
Which body exercises execute power
a. Governors in all States and Territories
b. Governor general alone
c. Courts
d. Local council
9.
The constitution
a. Distributes law making powers
b. Is an example of enabling Act
c. Describes the Westminster system
d. Allows policies to be administers
10.
One of the functions of the crown are
a. Dissolve parliament
b. Debate bills
c. Supervise progress of a bill through parliament
d. All of the above
11.
An example of an exclusive power is
a. s 52(ii) commonwealth public service
b. s51 (xvii) bankruptcy and insolvency
c. s51 (viii) astronomical and meteorological observations
d. s51(xi) census and statistics
12.
Concurrent powers are given to
a. Commonwealth parliament only
b. State parliament only
c. Subordinate authorities only
d. Commonwealth and state parliaments
13.
Residual powers are given to
a. Commonwealth parliament only
b. State parliament only
c. Subordinate authorities only
d. Commonwealth and state parliaments
14.
One of the limitations that the commonwealth constitution places upon
the commonwealth parliament is
a. S115 coning of money
b. S114 raising and maintaining of army or military force
c. S117 prevent residents of states being discriminated against
d. S90 granting of bounties on the production or export of goods
15.
An example where the constitution limits state law making powers is
a. S92 trade between states must be free
b. S114 states may raise military forces
c. S115 states may coin a limited amount of money
d. S90 states may levy some customs and excise duties
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
16.
A referendum is
a. A proposal given to the electorate to elect a minister
b. Proposal put to electorate to change the meaning of the constitution
c. A proposal put to the electorate to change the wording of the
constitution
d. A proposal put to the electorate to abolish the constitution
17.
The approval for the constitution to be changed must be given to the
a. Prime minister
b. Governor
c. Governor general
d. Executive council
18.
The high court may change the constitution by
a. interpreting its sections and altering the balance of power between the
commonwealth and the states
b. by changing the wording of the constitution and therefore altering the
balance of power between the commonwealth and the states
c. by altering the sections of the constitution in such a way as to give
more law making powers to the commonwealth
d. by altering the sections of the constitution in such a way as to give
more law making powers to the states
19.
A subordinate authority is given its law making powers by
a. Parliament
b. Court
c. Delegated body
d. Executive council
20.
Delegated legislation is checked by
a. Parliamentary committee system
b. Government only
c. Local council only
d. Subordinate authorities themselves
21.
During the initiation stage of a bill through parliament, the bill is
a. Debated
b. Introduced
c. Explained
d. All of the above
22.
During the first reading the bill
a. Has its long title read
b. Discussed
c. Debated
d. Drafted
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
23.
During the second reading of the bill
a. Minister reads the explanatory memoranda
b. Is discussed bit not debated
c. Important terms are defined
d. Members of parliament are asked to consider the bill but not vote
24.
The parliamentary committee is comprised of
a. Members of the house
b. Prime minister and experts
c. Prime minister and governor general
d. Member of parliament and governor general
25.
During the third reading
a. The bill is usually debated
b. Discussed
c. Bill may pass the house
d. Given the royal assent
26.
If the house of origin is the senate the house of review is
a. Legislative council
b. Executive council
c. Legislative assembly
d. House of representatives
27.
The bill is drafted by
a. Local council
b. Parliamentary committee
c. Parliamentary counsel
d. Governor general
28.
Where parliament combines all relevant Acts into one Act it is called
a. Enabling Act
b. Declaratory Act
c. Repealing Act
d. Consolidating Act
29.
Royal Assent is approval given to a bill by
e. Prime minister
f. Queens representative/crown
g. Premier
h. Queen herself
30.
Financial bills originate in
a. House of representatives and legislative council
b. House of representatives and legislative assembly
c. Senate and house of representatives
d. Only the house of representatives
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 3 – The hierarchy of courts
Circle the most CORRECT answer
1.
An appeal is
a. re-trial of the whole case
b. a review of the case
c. a pre-hearing
d. a committal proceeding
2.
The original jurisdiction of a court refers to
a. Its power to decide upon a matter for the first time
b. Its power to review a case
c. Its power to decide upon a criminal matter only
d. Its power to decide upon a civil matter only
3.
Criminal jurisdiction of a court empowers it to
a. hear particular cases that are of a criminal nature
b. hear criminal cases only on appeal
c. hear only small criminal offences
d. None of the above
4.
Civil jurisdiction of a court empowers it to
a. Hear cases that are breaches of civil law
b. Hear tort cases only
c. Hear breaches of contract only
d. Hear breaches of intellectual property only
5.
Which court has exclusive jurisdiction to interpret the constitution?
a. Federal Magistrates court
b. High Court of Australia
c. Federal Court of Australia
d. Family Court of Australia
6.
Which court hears matters arising from trade practices, interstate
industrial disputes, income tax, bankruptcy, and intellectual property?
a. Federal Magistrates court
b. High Court of Australia
c. Federal Court of Australia
d. Family Court of Australia
7.
Which court’s jurisdiction was extended to include appeals against
tribunal decisions in relation to visa issues for migrants and refugees?
a. Federal Court of Australia
b. Federal Magistrates court
c. Supreme court division
d. High Court
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
8.
The only court that can undertake committal proceedings/hearings is
a. Federal Magistrates court
b. District court
c. Magistrates court
d. Supreme court
9.
The Magistrates court under its criminal jurisdiction may hear
a. Indictable offences only
b. Summary offences only
c. Indictable offences triable summarily only
d. Summary and indictable offences triable summarily.
10.
The district courts have
a. Criminal jurisdiction to hear summary and indictable offences
b. Civil jurisdiction to hear disputes over $200,000
c. Appellate jurisdiction to hear civil appeals only
d. Criminal, civil and appellate jurisdiction
11.
Supreme court can determine appeals from
a. The Magistrates court on points of law
b. District courts on points of law
c. Federal court of Australia on points of law
d. Federal Magistrates court on points of law
12.
Cross vesting allows a court action to be brought in one court and is
applied in situations where
a. a civil case involves more than one jurisdiction
b. a criminal case involves more that one jurisdiction
c. a case civil case on appeal involves more than one jurisdiction
d. a criminal case on appeal involves more than one jurisdiction
13.
Which commission prevents and resolves industrial disputes by using
alternative dispute resolution methods
a. Australian Industrial Relations Commission
b. Australian Competition and Consumer Commission
c. Australian Securities and Industrial Relations Commission
d. Australian Consumer Commission
14.
Which tribunal hears applications against decision of the Australian
Competition and Consumer Commission
a. Australian Competition Tribunal
b. Administrative Appeals Tribunal
c. Small claims tribunal
d. Large claims tribunal
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
15.
Small claims tribunals deal with disputes between
a. consumers and traders
b. consumers and manufacturers
c. manufacturers and traders
d. traders and traders
16.
Arbitration is
a. A formal way of resolving disputes, similar to courts
b. A less formal method of resolving disputes
c. Follows strict rules of evidence and procedure
d. Is an example of mediation
17.
A mediator involves
a. A third party who assists the disputing parties to resolve their conflict
by making suggestions an encouraging the parties to select an option
to resolve their dispute.
b. A third party who assists the disputing parties to resolve their conflict
without suggesting any possible solutions
c. A third party who assists the disputing parties to resolve their conflict
by suggesting two options from which the parties must choose one
and then draw a biding agreement
d. All of the above
18.
Conciliation involves
a. A third party who assists the disputing parties to resolve their conflict
by making suggestions an encouraging the parties to select an option
to resolve their dispute.
b. A third party who assists the disputing parties to resolve their conflict
without suggesting any possible solutions
c. A third party who assists the disputing parties to resolve their conflict
by suggesting two options from which the parties must choose one
and then draw a biding agreement
d. All of the above
19.
The ‘judge’ in the magistrates court is referred to as
a. Judge
b. Magistrate
c. Justice
d. Your highness
20.
A tribunal requires the disputing parties to have
a. A barrister
b. A solicitor
c. A barrister and solicitor
d. No legal representation is required.
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 4 – How courts make laws
Circle the most CORRECT answer
1.
A precedent is created when
a. There is a pre-existing statute that is relevant to the case at hand
b. There is an existing common law principle that is relevant to the case
at hand
c. There is no past statute or common law principle that is relevant to the
case at hand
d. The judge doesn’t like the statute or common law principle that is
relevant to the case at hand and creates a new precedent
2.
A binding precedent occurs when
a. A higher court must follow the decisions of made by a lower court in
the same hierarchy where the facts of the case are similar
b. A lower court must follow the decisions of made by a higher court in
the same hierarchy where the facts of the case are similar
c. All courts must follow the decisions of the high court even there the
facts if the cases are not similar
d. Lower courts must follow the decisions of higher courts even where
they are not in the same hierarchy.
3.
Persuasive precedents
a. Are set by higher courts and must be followed by lower courts
b. Do not have to be followed but can be used as a guide or reference by
courts in future cases
c. Are made by courts of equal standing and must be followed
d. Are decisions made by superior courts in all hierarchies and must be
followed by all lower courts.
4.
Precedents made by the supreme court of NSW are binding to
a. All district courts
b. All magistrates courts
c. The district court of NSW and magistrate court of NSW
d. Federal magistrates court
5.
Precedents made by supreme court of Tasmania is persuasive to
a. Magistrates court of Tasmania
b. District court of Tasmania
c. Tasmanian court of appeal
d. Children’s court of Tasmania
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
6.
Precedents made by the High court of Australia are persuasive to
a. Courts overseas
b. All Australian courts
c. Federal court of Australia
d. Federal Magistrates court
7.
Overruling occurs when
a. A higher court decides that a precedent established by a lower court
in the same hierarchy where the cases are similar is no longer good
law and overturns it
b. Lower court decides that a precedent established by a higher court in
the same hierarchy where the cases are similar is no longer good law
and overturns it
c. The high court decides that the precedent established by any lower
court in the same hierarchy where the cases are similar is no longer
good law and overturns it
d. Courts in the federal court hierarchy may overturn any precedent
made by any lower court in any hierarchy
8.
Reversing occurs when
a. Two cases where a higher court cancels a precedent by a lower court
and therefore reverses it.
b. Two cases where a lower cancels a precedent by a higher court and
therefore reverses it.
c. One case where a lower court changes the precedent made by a higher
court on appeal.
d. One case where a higher a court reviews an earlier judgments and the
higher court sets aside the precedent aside the precedent established
in the earlier court therefore reversing it.
9.
Distinguishing involves
a. Two cases where the relevant facts of an earlier case are dissimilar are
not followed in a later case.
b. Two cases where the judge of a lower court follows the decision of a
higher court because the cases are similar.
c. Two cases where the judge of the higher court follows
d. None of the above
10.
Where a lower court follows the decision of a higher court but expresses
an unfavorable opinion about the precedent that was set in an earlier case
is called
a. Overruling
b. Reversing
c. Distinguishing
d. Disapproving
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
11.
A judge’s legal reasoning for reaching his or her decision in a case is
called
a. Ratio dictum
b. Obiter dictum
c. Ratio dicidendi
d. Obiter dicidendi
12.
The Latin term that refers to comments, opinions and observation made
by a judge throughout the judgment is called
a. Ratio dictum
b. Obiter dictum
c. Ratio dicidendi
d. Obiter dicidendi
13.
The part of the precedent which makes it binding is called
a. Ratio decidendi
b. Ratio dictum
c. Obiter decidendi
d. Obiter dictum
14.
The part of the precedent which makes it persuasive is called
a. Ratio decidendi
b. Ratio dictum
c. Obiter decidendi
d. Obiter dictum
15.
The literal rule that is used to
a. Interpret words of an Act as stated under the objectives of the Act
b. Interpret words of an Act as it was written, with the assistance of
dictionary
c. Interpret the words of an Act as explained in government policies
d. Interpret the words of an Act by considering the circumstances
surrounding the case at hand
16.
Mischief rule is applied to determine
a. The meaning of particular words as defined in a dictionary
b. The real purpose behind the Act
c. The real purpose that members of parliament have as an aim in
government policies
d. The meaning of particular words by applying it to the circumstances
of the case at hand
17.
The rule used in statutory interpretation where words are grouped
together an labeled under a general term is called
a. Literal rule
b. Golden rule
c. Mischief rule
d. Class rule
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
18.
The rule used in circumstances where the literal rule would lead to an
unfair outcome is called
a. Class rule
b. Literal rule
c. Golden rule
d. Mischief rule
19.
The Act which gives courts the power to interpret Acts of the
commonwealth is called
a. Acts Interpretation Act 1970 (Cth)
b. Acts Interpretation Act 1981 (Cth)
c. Acts Interpretation Act 1981 (states)
d. Acts Interpretation Act 1970 (states)
20.
Materials that may be used when interpreting an Act of parliament are
a. Government policies
b. Explanatory memoranda
c. Long title of the Act
d. Short title of the Act
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 5 – The adversarial trial model
Circle the most CORRECT answer
1.
What type of model is used in Australia
a. Accusatorial
b. Inquisitorial
c. Adversarial
d. Westminstirial
2.
The party that brings an action against the accused in a criminal case is
called
a. plaintiff
b. prosecution
c. defendant
d. representative
3.
The party that brings an action against another in a civil case is called
a. Plaintiff
b. Representative
c. Prosecution
d. Defendant
4.
In an appeal, the plaintiff is called
a. Appellant
b. Respondent
c. Plaintiff
d. Defendant
5.
A lawyer who advocates in court is called
a. Lawyer
b. Solicitor
c. Barrister
d. Solicitor and barrister
6.
Jury duty is
a. Optional
b. Compulsory for criminal cases only
c. Compulsory
d. Optional for civil cases only
7.
One of the duties of the judge is to
a. Examine witnesses even in circumstances where the parties are
represented
b. Access the level of damages to be awarded in a civil case
c. To give a verdict in a criminal case
d. To decide on questions of fact
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
8.
A person who has been convicted of a crime and has served three years in
prison is said to be
a. Ineligible for jury duty
b. Excused from for jury duty
c. Disqualified from for jury duty
d. Temporarily exempt from duty
9.
A summons is
a. Issued for all criminal offences
b. Issued by the police
c. Issued by the magistrates court
d. States whether the accused has been convicted
10.
A warrant is
a. A court order that allows a plaintiff to bring an action against the
defendant
b. A court order mandating the accused to go to the police periodically
c. A court order allows the police to arrest the offender
d. A court order asking the accused to pay bail
11.
Summary offences are heard and decided by
a. Magistrate with a jury
b. Jury
c. Judge and jury
d. Magistrate or judge without a jury
12.
Indictable offences are heard and decided by
a. Magistrate with a jury
b. Jury
c. Judge and jury
d. Magistrate or judge without a jury
13.
In most trials how many times a witness may be examined?
a. Twice
b. Four times
c. Three times
d. Once
14.
When the opposite side cross-examines a witness by asking further
question is called
a. Examination in chief
b. Re-examination
c. Examination
d. Cross examination
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
15.
When the accused is arranged in a trial the next step is for the accused to
a. Enter a plea
b. Argue no case to answer
c. Defence witnesses are called
d. Jury is empanelled
16.
A good behavior bond is
a. Is a court order requiring the convicted offender to undergo an
intensive good behavior course
b. Is a court order asking the accused to make a monetary payment
which will be paid back to the defendant if he or she behaves
appropriately in the community
c. Is a promise made by the offender to a sentencing court to not break
the law for a specified period of time
d. It’s a custodial sentence
17.
A written statement by the plaintiff specifying the facts that they will rely
upon to support their claim against the defendant is called
a. A writ of summons
b. Statement of appearance
c. Statement of claim
d. Statement of defence
18.
A written statement by the defendant admits the claims made by the
plaintiff but provides reasons that support the defendant is called
a. Certificate of readiness
b. Interrogatories
c. Discovery
d. Counter claim
19.
A monetary payment awarded to the innocent party for the loss they
suffered due to a breach of contract
a. Ordinary damages
b. Nominal damages
c. Exemplary damages
d. Specific damages
20.
A remedy used by courts to restrain a party from breaching their
contractual duties is called
a. Rescission
b. Injunction
c. Specific performance
d. Specific recession
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 6 – Tort of negligence
Circle the most CORRECT answer
1.
In the first instance where a party who has acted or failed to act and has
caused damage to another party is best referred to as
a. Defendant
b. Plaintiff
c. Tortfeasor
d. Appellant
2.
A careless act that causes the plaintiff an injury or loss
a. Defamations
b. Nuisance
c. Trespass
d. Negligence
3.
The action or omission to act is measured against the action(s) of
a. Ordinary person
b. Reasonable person
c. Normal person
d. Tortfeasor
4.
Which principle was developed in the Donoghue v Stevenson [1932] case
a. Duty of care principle
b. Reasonable forseeability principle
c. Standard of care principle
d. Neighbour principle
5.
Two main principles in deciding whether a defendant owed a duty of care
are
a. Reasonable foreseeability and objective test
b. Vulnerability and objective test
c. Reasonable foreseeability and vulnerability test
d. Remoteness and reasonable foreseeability test
6.
Vulnerability examines
a. Plaintiff’s powerlessness
b. Defendant’s powerlessness
c. Plaintiff’s strength
d. Defendant’s strength
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
7.
Standard of care refers to
a. The most common practices undertaken in particular circumstances
b. The amount of care the defendant should take in particular
circumstances
c. The most common practices undertaken by the ordinary person in
particular circumstances
d. The amount of care the plaintiff should take in particular
circumstances
8.
Likelihood of injury is used to prove
a. Duty of care
b. Breach of standard of care
c. Damage
d. Gravity of injury
9.
To determine whether there has been a breach of standard of care the
following must be established
a. Likelihood of injury and effort required to remove the risk
b. Effort required to remove the risk and gravity
c. Likelihood of injury and gravity
d. Likelihood of injury, gravity and effort required to remove the risk
10.
Courts apply the but for test to determine the causal link between
a. Plaintiff’s injury or loss and the defendant’s breach
b. Plaintiff’s injury or loss and the reasonable person’s actions
c. Defendant’s breach and reasonable person’s actions
d. Is no longer in use
11.
Where contributory negligence has been proven the damages to be
awarded are most likely going to
a. Increase
b. Decrease
c. Remain unchanged
d. Has no effect on damages
12.
The burden of proof for contributory negligence rests with the
a. Plaintiff
b. Defendant
c. Judge
d. Reasonable person
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
13.
Voluntary assumption of risk cannot be used in the following
circumstances
a. Risk assumed was a relevant risk that resulted to the plaintiff’s injury
b. Risk assumed was not a relevant risk that resulted to the plaintiff’s
injury
c. The risk assumed was a result of the actions or omission to act by the
defendant
d. The risk assumed was a result of the actions or omission to act by the
plaintiff
14.
Vicarious liability arises in circumstances of
a. Independent contractor employment relationship
b. Employment relationship
c. In any contractual relationship
d. All negligence cases
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 7 – Defamation, nuisance and trespass
Circle the most CORRECT answer
1.
Defamation action may arise if statement(s) by the defendant are
a. mostly true
b. completely untrue
c. not published to anyone
d. true but were made as a joke
2.
A permanent form of defamation is referred to as
a. libel
b. slander
c. verbalised
d. imputed
3.
One of the elements of defamation is that the statement
a. must be published to a third party
b. does not have to refer to the plaintiff
c. does not cause damage
d. must be published to at lease three people
4.
A defence that is not recognised in an action of defamation is
a. Consent
b. Absolute privilege
c. Justification
d. Unqualified privilege
5.
In a defamation action who awards damages to the plaintiff
a. Judge
b. Jury
c. Judge and jury
d. Plaintiff and defendant settle on an amount
6.
A civil wrong that is committed against a person(s) or land that does not
constitute a crime is
a. Private nuisance
b. Public nuisance
c. Ordinary nuisance
d. Common nuisance
7.
A civil wrong that is committed against a person(s) or land that does
constitute a criminal offence is
a. Common nuisance
b. Ordinary nuisance
c. Public nuisance
d. Private nuisance
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Multiple Choice Questions
8.
The most common remedy available for public nuisance includes
a. Special damages
b. General damages
c. Nominal damages
d. Sanction
9.
The most common remedy available for private nuisance includes
a. Special damages
b. Nominal damages
c. Injunction
d. General damages
10.
The tort of public nuisance overlaps with the tort of
a. Defamation
b. Private nuisance
c. Negligence
d. Trespass
11.
A defence for private nuisance is
a. Contributory nuisance
b. Plaintiff consented to nuisance
c. Defendant did not take reasonable precautions
d. Plaintiff did not take reasonable precautions
12.
Where the plaintiff has been restrained with no possibility of freeing
themselves is called
a. Trespass to a person
b. Battery
c. Assault
d. False imprisonment
13.
Which of the following does not constitute trespass against the person
a. Assault
b. Battery
c. Grievous bodily harm
d. False imprisonment
14.
Civil liability laws allow a plaintiff to sue for
a. Economic loss only
b. Damage to property only
c. Personal injuries only
d. Economic loss, damage to property, personal injuries or death
15.
Civil liability laws
a. Differ amongst the different States
b. Must be the same in all States
c. Are only Commonwealth laws
d. Are stated in the constitution
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Multiple Choice Questions
16.
Civil liability laws have been made by
a. Exclusive powers
b. Residual powers
c. Special powers
d. Concurrent powers
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Foundations of Australian Law – Fourth Edition
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Multiple Choice Questions
Chapter 8 – Contract law I
Circle the most CORRECT answer
1.
A contract is
a. an agreement between two offerees
b. a legally binding agreement
c. always imposed by the law
d. gratuitous promise
2.
Simple contracts
a. must be in writing
b. do not require consideration
c. must have consideration
d. must be in writing and witnessed or evidenced in writing
3.
Jerry buys two fruit trees from a well known nursery. This is an example
of
a. bilateral contract
b. formal contract
c. simple contract
d. unilateral contract
4.
Where an innocent party experiences some loss due to non-performance
of a contractual duty, the contract is said to be a
a. a valid contract
b. void contract
c. voidable contract
d. unenforceable contract
5.
Simon bought an apartment from Matthew based in a verbal agreement
this is an example of a
a. valid contract
b. voidable contract
c. void contract
d. unenforceable contract
6.
Parties to a contract which involves trading
a. intend to create legal relations
b. do not intend to create legal relations
c. intend to create legal relations but are not obligated to provide
consideration
d. none of the above
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Foundations of Australian Law – Fourth Edition
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Multiple Choice Questions
7.
In a situation where one party purchases an item from another party the
law presumes that
a. the parties have formed a business agreement and therefore did not
intend to create legal relations
b. the parties formed a business agreement and therefore did intend to
create legal relations
c. the parties have formed a social agreement and therefore did intend to
create legal relations
d. the parties simply made a gratuitous promise
8.
Ben promised his mother that he will go and pick up his little brother
from school for the next two months. Ben did not enjoy this task and
stopped picking up his brother after one week. Ben’s mother believes that
she has formed a contract with Ben. She had made work arrangements for
the duration of the agreement and is unable to pick up her younger son.
The law of contract presumes that this is an examples of
a. Business agreement and therefore there is an intention to create legal
relations
b. Domestic agreement and therefore there is an intention to create legal
relations
c. Business agreement and therefore there is no an intention to create
legal relations
d. Domestic agreement and therefore there is no an intention to create
legal relations
9.
An honour clause is used in
a. Business agreements to support the legal presumption that there is an
intention to create legal relations
b. Domestic agreements to support the legal presumption that there is an
intention to create legal relations
c. Business agreements to rebut the legal presumption that there is an
intention to create legal relations
d. Domestic agreements to rebut the legal presumption that there is an
intention to create legal relations
10.
An invitation to treat is
a. Type of an offer
b. Made by the offerror
c. Used to induce the offeror to enter into negotiations with the offeree
d. Is irrelevant in relation to contract law
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Multiple Choice Questions
11.
A vending machine displays a variety of chocolates with the price of each
chocolate clearly displayed below it. The price is an example of
a. Acceptance
b. Offer
c. Counter offer
d. Invitation to treat
12.
Jacquie advertised to sell her car on website for $12,000. Tony e-mailed
the Jacquie and expressed an interest to buy the car for $11,500. Which is
the offer?
a. $12,000
b. $11,500
c. Neither are an offer
13.
An offer by post is effective when it is
a. Sent, posted
b. Received
14.
An acceptance by post is effective when it is
a. Sent, posted
b. Received
15.
A revocation of an offer by post is effective when it is
a. Sent, posted
b. Received
c. Cannot revoke and offer
d. None of the above
16.
A revocation of an acceptance by post is effective when it is
a. Sent, posted
b. Received
c. Cannot revoke an acceptance
d. None of the above
17.
An offeror may revoke an offer
a. Prior to acceptance being made
b. Prior or after an acceptance has been made
c. Prior to acceptance being made with the approval of the potential
offeree
d. In exceptional circumstances
18.
Where an acceptance is made by the offeree by using instantaneous
modes of communication it is effective when
a. Offeror receives the acceptance
b. At the point in time the acceptance is made
c. Either of the above
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Multiple Choice Questions
19.
Penelope buys a cappuccino for $2.80. What type of consideration is
evident?
a. Executed consideration
b. Executory consideration
c. Past consideration
d. There is no consideration
20.
Paul employees Steven as a salesman. Last month Steven’s sales increased
by 30%. Paul was so happy with Steven, he promised to give him a bonus
by the end of the year for a job well done. The bonus is an example of
a. Executed consideration
b. Executory consideration
c. Past consideration
d. Of a promise that does not constitute consideration
21.
Greg bought a lap top from Simply Electrics. He put down a deposit of
$100 and agreed to pay the balance of $1,400 upon delivery of the
computer. The balance owed is an example of
a. Executed consideration
b. Executory consideration
c. Past consideration
d. None of the above
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Foundations of Australian Law – Fourth Edition
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Multiple Choice Questions
Chapter 9 – Contract law II
Circle the most CORRECT answer
1.
A contract of necessaries formed between a minor and another party is
said to be a
a. valid contract
b. voidable contract
c. void contract
d. unenforceable contract
2.
Katrina who is 16 years of age applied for a job as an apprentice chef. This
type of employment contract is an example of
a. Contract for cash
b. Contract for necessaries
c. Beneficial contract of service
d. Either of the above
3.
While suffering from an episode of mental instability, Jimbo signed a
contract to sell a substantial amount of shares to his cousin. Jimbo wants
to terminate the contract. What condition(s) does Jimbo have to satisfy to
have a successful claim?
a. Only that he did not understand the terms of the contract due his
condition
b. Only that his cousin was aware of his mental instability at the time the
contract was formed
c. Only that the he did suffer from an episode of mental instability at the
time of the formation of the contract
d. All of the above
4.
Contracts formed by persons who suffer from a mental disability or are
intoxicated can become binding if they ratified by those person when they
have recovered from their condition. This principle was established in
which of the following cases:
a. Petilin v Cullen [1975]
b. Raffles v Wichelhaus [1864
c. Taylor v Johnson [1983]
d. Matthews v Baxter [1873]
5.
A representation will be considered to be a term is it is a
a. Warranty
b. The parties intended it to be legally binding
c. The parties did not intend it to be legally enforceable
d. Express warranty
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Multiple Choice Questions
6.
Jo induced Mike to enter into a contract to buy a boat by misrepresenting
the condition of the boat. What is Mike’s best option?
a. Seek a court order to terminate the contract
b. Rescind the contract
c. Can declare the contract voidable
d. None of the above
7.
A unilateral mistake occurs when
a. The contracting parties male a mistake about a fact
b. One party makes a mistake about the nature of a document
c. Either contracting party misunderstands a condition of the contract
d. One of the party’s is aware that the other contracting party has made a
mistake about a fact and does nothing to correct them
8.
Where the defendant negligently misrepresents a fact the innocent party
may
a. Rescind the contract and claim damages
b. Only rescind the contract
c. Only claim damages
d. None of the above
9.
Glen went to a shop to buy a new part fit in his fan. The shop informed
him that they did not have the exact part but gave him a different part
and said that ‘it should be okay’. Glen fitted the part according to the
directions. While sitting having a cup of tea an enjoying the cool air from
the fan. The fan broke and small pieces of the fitted part flew in the air.
One of those part went into Glen’s eye causing severe damage. He lost
part of his vision. Glen wants to know whether the statement made by the
shop constitutes any of the following:
a. Fraudulent misrepresentation
b. Innocent misrepresentation
c. Negligent misrepresentation
d. Mistake
10.
A example of special relationship of undue influence is
a. Pharmacists and customer
b. Solicitor and client
c. Teacher and student
d. Brother and sister
11.
Under common law who has the onus to prove or disprove undue
influence?
a. Plaintiff
b. Defendant
c. Judge
d. Jury
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
12.
An innocent party who entered into a contract due to a threat or fear for
their safety is an example of
a. Duress against a person
b. Duress against property
c. Economic duress
d. Undue influence
13.
Unconscionable conduct involves
a. A stronger party using their influence or position of power to take
advantage of the weaker party
b. A stronger party taking advantage of the weaker party’s disability
c. Party having unequal bargaining power due to the stronger party’s
status
d. None of the above
14.
Contracts that involve a subject that is illegal are best deemed as
a. Voidable
b. Void
c. Unenforceable
d. Valid
15.
Under common law a contract that includes an exclusion to court action is
best deemed as
a. Voidable
b. Void
c. Unenforceable
d. Valid
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
Chapter 10 – Contract law III
Circle the most CORRECT answer
1.
A contract is discharged when
a. one of the party’s has provided consideration
b. a conditional payment has been made by legal tender
c. the parties agree to perform the obligations as set out in the contract
d. the parties have actually performed their obligations as set out in the
contract
2.
Parties to a contract may include one of the following terms in the
agreement to discharge the contract in particular circumstances.
a. waiver
b. anticipatory discharge
c. conditional discharge
d. any of the above
3.
Substitution of new contract occurs when
a. the parties disregard their original agreement even when their
contractual duties have not been fulfilled
b. one of parties cannot perform their contractual duties and release the
other party from their contractual obligations
c. the parties form a new contract to replace the original contract by
including different terms
d. substitution of a new contract cannot be made by parties that had
formed the original contract.
4.
Frustration of a contract man occur in one of the following circumstances
a. when there is a change in the law with the effect of making the
original contract void
b. either the offeror or offeree dies prior to performance of the contract
c. destruction of the subject matter
d. all of the above
5.
Termination of a contract may occur when the contract has been partially
performed. This situation is referred to as
a. anticipatory breach
b. renunciation during performance
c. impossibility of performance
d. actual breach
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Multiple Choice Questions
6.
Nominal damages for breach of contract are only awarded when
a. the plaintiff has provided evidence to show clear loss and suffering as
a result of the defendant’s contractual breach
b. the judge wants to make an example of the defendant
c. the plaintiff cannot prove that he or she suffered any actual loss as a
result of the defendant’s contractual breach
d. the plaintiff has only suffered inconvenience
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Foundations of Australian Law – Fourth Edition
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Multiple Choice Questions
Chapter 11 – Sale of goods
Circle the most CORRECT answer
1.
Contracts of sale are regulated by
a. Common law only
b. Sale of Goods Act (Cwth) 1923
c. Statute law in each State
d. By-laws made by the Sale of Goods Association and Consumer Affairs
2.
Goods that are owned and possessed by the seller at the time that the
contract of sale was made are called
a. Ascertained goods
b. Unascertained goods
c. Future goods
d. Existing goods
3.
Cassandra bought an antique buffet with instructions for the seller to
restore it to its original condition. When is ownership transferred from the
seller to Cassandra?
a. At the time Cassandra paid for the table
b. When the table is delivered to Cassandra
c. At the time the condition to restore the table is fulfilled and delivered
d. None of the above
4.
Where the seller delivers ascertained goods to the buyer, ownership is
transferred from the seller to the buyer when
a. The buyer pays for the goods
b. The buyer receives the goods
c. Ownership of ascertained goods cannot be transferred
5.
The essence of the nemo dat rule is
a. The buyer cannot receive a better title than the seller
b. The buyer can receive a better title than the seller
c. The seller by transferring the title to the buyer automatically passes a
better title
d. The transfer of property does not involve a title
6.
In some States the Sales of Goods Act provides that where the buyer
purchases goods in a public market in good faith and without any notice
by the seller regarding defect or of lack of title than the buyer receives
good title this is referred to as:
a. Market overt
b. Sale by voidable title
c. Promissory estoppel
d. Sale overt
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Foundations of Australian Law – Fourth Edition
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Multiple Choice Questions
7.
Where goods perform the functions that they have been made to perform
are referred to as
a. Good quality goods
b. Functional goods
c. Merchantable quality goods
d. Goods that have fitness for purpose
8.
An example of an implied warranty in relation to goods includes
a. Free from charge or encumbrances
b. Merchantable quality of goods bought by described
c. Merchantable quality of goods bought by sample
d. Merchantability
9.
An example of implied conditions in relation to merchantable quality of
goods includes
a. Quit possession
b. Goods free from charge or encumbrances
c. Undisturbed possession
d. Quality of goods bought by sample
10.
The buyer may rescind a contract where
a. The seller breaches a warranty
b. The seller delivered the goods but the buyer changed his mind
c. The seller breach a condition
d. He or she decided to treat a breach of a condition as a breach of
warranty
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Foundations of Australian Law – Fourth Edition
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Multiple Choice Questions
Chapter 12 – Consumer protection
Circle the most CORRECT answer
1.
Which Act imposes provisions specifically against corporations rather
than individuals
a. Fair Trading Act 1987
b. Goods Act 1974
c. Trade Practices Act 1974
d. Consumer Affairs and Fair Trading Act 1930
2.
Which section of the Trade Practices Act prohibits a corporation from
engaging in conduct that is considered to be unconscionable during the
course of trade and commerce
a. Section 51AB
b. Section 51 AA
c. Section 51 AC
d. Section 51 AB(1)
3.
Which section of the Trade Practices Act states the following "A
corporation shall not, in trade or commerce, engage in conduct that is
misleading or deceptive or is likely to mislead or deceive"
a. Section 52(1)
b. Section 51(2)
c. Section 51(1)
d. Section 52(1)
4.
Bella sold tickets for a concert for the end of the year school party. She
advertised that the ‘Kylie Minogue’ would be performing. The students
were very excited and most bought tickets for friends who were big fans
of Kylie. One the night of the concert a girl by the name of Kylie Monogue
performed but was not the well known pop star performed. The people
who purchased tickets were very disappointed and need your advice in
relation to what type of conduct was breached under Section 52
a. Opinion
b. Broken promise
c. Statements that are literary true
d. Puff
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Multiple Choice Questions
5.
Where a person believes that another party participated in misleading
and deceptive conduct he or she must prove the following
a. Type of conduct+ conduct occurred during the course of business and
it was misleading and deceptive or was likely to mislead or deceive
b. Conduct was during the course of business and it was likely to
mislead or deceive
c. Type of conduct+ and it was misleading and deceptive or was likely
to mislead or deceive
d. Conduct was misleading
6.
The decision in the case Durant v Greiner reinforces that to establish
conduct it must occur during
a. a business or non business transaction
b. the purchase of a property
c. trade or commerce
d. any of the above
7.
To establish whether the conduct of the defendant was likely to mislead,
the court considers the following:
a. Whether anyone was likely to be misled including mentally disabled
and intoxicated persons
b. Whether the defendants conduct only misled the plaintiff
c. Whether the defendant had an intention to mislead the plaintiff
d. All of the above
8.
Where a defendant contravened section 52, the plaintiff may seek
a. the police to charge the defendant
b. an injunction
c. that advertisement is corrected and to prosecute
d. none of the above
9.
Section 53 (a) of the Trade Practices Act 1974 prohibits
a. false representation in relation to the newness of goods
b. false claims that a person has formed an agreement to purchase goods
or services. This usually occurs when a false claim is made that a
deceased has ordered goods prior to their death and demands
payment from the executor
c. false representations that a particular corporation has sponsorship,
approval or affiliation
d. the false representation of goods in regard to standard, quality or
grade, composition, style, model, history or previous use
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Foundations of Australian Law – Fourth Edition
Callie Harvey
Multiple Choice Questions
10.
Tamara owns a company that sells air-conditioners. She advertised a
particular model of air-conditioner at a special price but had only one in
stock. Fiona made an enquiry about purchasing that particular model
only to be informed that it had sold out but they could sell her a different
model at a higher price. This is an example of
a. Referral selling
b. Pyramid selling
c. Inertia selling
d. Bait advertising
11.
Which section of the Trade Practices Act 1974 prohibits referral selling
a. Section 57
b. Section 75
c. Section 67
d. Section 52
12.
A department store issued Sam with a credit card without his request.
This is a breach of which section of Trade Practices Act 1974
a. Section 63
b. Section 64
c. Section 60
d. Section 59
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