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RMIT University Library - Learning Lab

Quizzes

 

Complete the following quizzes to test your understanding of the basic concepts of Business Law.

When you have completed all of the questions, click ‘Check Answer’ to see your score.

 

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.

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

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

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

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

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.

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.

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

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.

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

 

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  • A) a case is heard on appeal and the presiding judge wishes to overrule an outdated precedent but maintain the original decision of the case at hand.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