Learning Lab

Multiple choice

Attempt the following questions. Answers will be given at the end of each question.

Question 1: During the trial of a criminal case, ______

• A) the burden of proof is beyond reasonable doubt.
• B) the standard of proof required is beyond reasonable doubt.
• C) the burden of proof required is on the balance of probability.
• D) the standard of proof required is on the balance of probability.

Answer: B) the standard of proof required is beyond reasonable doubt.

Question 2: The method of distinguishing a precedent is used when ______

• A) a case is heard on appeal and the presiding judge wishes to overrule an outdated precedent but maintain the original decision of the case at hand.
• B) a case is heard on appeal and the residing judge wished to overturn the original decision.
• C) a judge wishes to distinguish the facts between one case and another and therefore not apply the same precedent, in a court of equal standing.
• D) a judge in a lower court does not like the decision set by his/her predecessor and decides to change it.

Answer: C) a judge wishes to distinguish the facts between one case and another and therefore not apply the same precedent, in a court of equal standing.

Question 3: Which of the following is a feature of the Adversary System?

• A) Strict rules of evidence and procedure.
• B) The right of trial by jury when a defendant is charged with an indictable offence.
• C) Judges who act as independent decision makers.
• D) All of the above.

Answer: D) All of the above.

Question 4: Non-legal rules ______

• A) can only be created by elected representatives.
• B) are enforceable within certain institutions which have created their own rules.
• C) aim to protect and control the community without enforcing severe penalties.
• D) aim to protect and control the community while regulating standards of behavior.

Answer: C) aim to protect and control the community without enforcing severe penalties.

Question 5: The Australian Constitution ______

• A) has been altered recently to include an Australian Head of State.
• B) gives State Parliaments absolute powers over Federal Parliament in relation to concurrent law.
• C) has never been altered.
• D) can be interpreted by the High Court when a dispute arises between Federal and State Parliament.

Answer: D) can be interpreted by the High Court when a dispute arises between Federal and State Parliament.

Question 6: Parliament______

• A) can override delegated legislation if a subordinate body goes beyond its powers.
• B) derives its power from the Attorney General.
• C) makes law known as case law.
• D) can never override law made by subordinate authorities.

Answer: A) can override delegated legislation if a subordinate body goes beyond its powers.

Question 7: Decisions made by VCAT ______

• A) are final and can never be appealed.
• B) are never binding.
• C) can be appealed in criminal cases on matters of law.
• D) are legally binding and the right to appeal may be restricted.

Answer: D) are legally binding and the right to appeal may be restricted.

Question 8: Statutory Interpretation ______

• A) requires judges to follow the golden rule when the meaning of legislation is unclear.
• B) must apply the literal rule to clarify the ordinary meaning of a class of words in an Act at all times.
• C) does not allow the use of any material outside an act to help interpret legislation.
• D) requires judges to consider the purpose of the law when it was enacted by Parliament as directed by the Acts Interpretation Act.

Answer: D) requires judges to consider the purpose of the law when it was enacted by Parliament as directed by the Acts Interpretation Act.

Question 9: Case Law ______

• A) is not used in any legal system in the world.
• B) involves only the regulations of the actions of individuals in the enforcement of private rights.
• C) can be modified by statute law.
• D) all of the above.

Answer: C) can be modified by statute law.

Question 10: A precedent established by the High Court of Australia ______

• A) is persuasive on the Victorian Court of Appeal in a similar case.
• B) is binding on the High Court of Australia in a similar case.
• C) is binding on the Supreme Court of NSW.
• D) can be held to be persuasive in the Federal Court of Australia in a similar case.

Answer: C) is binding on the Supreme Court of NSW.

True or False

Attempt the following questions. Are they true or false? Answers will be given at the end of each question.

Question 1: In relation to the distribution of law-making powers between the various parliaments in Australia, residual powers refer to those powers which are held by the State.

Answer: True

Question 2: The wording of the Commonwealth Constitution can only be altered through the process of a referendum.

Answer: True

Question 3: The doctrine of a precedent requires that the lower courts in a hierachy follow the decisions of higher courts at different hierarchies.

Answer: False

Question 4: The Upper House of the Federal Parliament is referred to as the Legislative Council.

Answer: False

Question 5: The Victorian Court of Appeal hears appeals that come directly from the Magistrates' Court.

Answer: False

Question 6: A major feature of the Adversary System of trial is the investigative role of the judge in criminal cases tried in the County and Supreme Courts.

Answer: False

Question 7: If Brian, a teacher, fails to demonstrate a duty of care to his students this could be considered action which, may be sued upon.

Answer: True

Question 8: A criminal dispute is best described as one between individuals who sue each other for a damages pay out.

Answer: False

Question 9: Conciliation is a process, which may be used to resolve a dispute with the assistance of a third party before seeking a remedy from a court.

Answer: True

Question 10: If there is any conflict between statute and case law, case law will prevail.

Answer: False