Information about the Multiple Choice Quiz. Questions

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1 LWB145 MULTIPLE CHOICE QUIZ QUESTIONS WEEKS 1 5 Information about the Multiple Choice Quiz The 70 questions are taken from materials prescribed for weeks 1-5 including the Study Guide, lectures, tutorial questions and answers, texts and readings The questions are in random order check how many you can answer at the end of each week Tutors and lecturers will not tell you the answers to the questions you must find them in the course materials Your exam will comprise 20 of the multiple choice questions Answer options may be shuffled in the quiz eg option (a) may become (c) and (c) may become (b) and so on The quiz will be made available to you at the beginning of week 7 through the Blackboard site. You have 20 minutes to complete the quiz. After this time has expired, the quiz will automatically close down. Once you have started the quiz, you must complete it in the one sitting. Questions 1. In the Commonwealth Parliament, any Bill may originate in either the Senate or the House of Representatives: (a) True (b) False 2. From the citation [1989] VR 323 we know: (a) the case was decided in 1989 (b) the case was reported in the 1989 volume of the reports (c) both (a) and (b) (d) none of the above 3. Which of the following is an example of subordinate legislation? (a) consolidated Acts (b) reprinted Acts (c) explanatory memoranda (d) regulations 4. Assume the Members of Parliament Bonuses Act (Cth) was assented to on 24 July 2009 at am and that the Act is silent as to commencement. Assume the Act provides that any member of the Commonwealth Parliament who introduces a bill into Parliament is entitled to a bonus payment of $ Bill Smith, Member of the House of Representatives for the Federal seat of Gold Coast in the State of Queensland, would, prima facie, be entitled to the bonus payment if he introduced a bill at which of the following times? (a) 24 July 2009 at 9.00 am (b) 24 July at am (c) 24 August at 2.00 pm (d) Any of the above 1

2 5. Section 51 of the Commonwealth Constitution defines: (a) executive powers held by the Commonwealth (b) legislative powers held by the Commonwealth concurrently with the States (c) legislative powers that are held only by the Commonwealth (d) none of the above 6. The Queensland Parliament currently consists of: (a) the Legislative Assembly (b) the Legislative Assembly and the Legislative Council (c) the Queen and the Legislative Assembly (d) the Governor and the Legislative Assembly 7. Assume the Registration of Cats Act 2009 (Qld) came into force on 1 March 2009 and that the Act provides that any cat born in Queensland after 30 June 2009 must be registered with the Queensland Cat Registration Authority within 8 weeks of its birth. Fred s cat, Missy, was born in Indooroopilly, a suburb of Brisbane, on Saturday 4 July The last date on which Missy could be registered in compliance with the Act is: (a) Friday 28 August (b) Saturday 29 August (c) Sunday 30 August (d) Monday 31 August 8. The Commonwealth of Australia Constitution Act was enacted by the British Parliament in: (a) 1788 (b) 1828 (c) 1900 (d) In England, the administration of common law and equity was fused as a result of: (a) the Judicature Acts (b) the Earl of Oxford s case (1615) 1 Rep Ch 1 (c) the Bill of Rights 1688 (d) Prohibitions del Roy (1607) 12 Co Rep The official responsibility for the preparation of reprinted Queensland Acts rests with: (a) the Queensland Government Printer (b) the Office of the Queensland Parliamentary Counsel (c) the Registrar of the Supreme Court of Queensland (d) The Clerk of the Queensland Parliament. 11. In R v SBU [2012] 1 Qd R 250 the plaintiff was: (a) R (b) SBU (c) Both R and SBU (d) Neither 2

3 12. For the purpose of interpreting Queensland legislation, extrinsic material encompasses: (a) headings, the long title and short title (b) headings (c) the long title and short title (d) none of the above 13. In order for society to be truly ruled by law: (a) legislation must cover every aspect of life; (b) the courts must operate under the control of the government; (c) the government must not be subject to the law; (d) everyone should be equally subject to the law, including the sovereign 14. A Queensland Act of Parliament commences on the date of assent: (a) always (b) sometimes (c) never (d) only if the Act expressly says so 15. Which of the following is NOT a primary source of legal materials? (a) Acts as passed (b) Subordinate legislation as made (c) law reports (d) legislation annotators 16. Although affected in some respects by the Commonwealth Constitution, the current constitution of the State of Queensland is found in: (a) legislation of the Commonwealth Parliament (b) legislation of the New South Wales Parliament (c) legislation of the Queensland Parliament (d) a British Order-in-Council 17. A law student who is found to have committed plagiarism during the course of their law degree may not be admitted to practice as a lawyer in Queensland: (a) true (b) false 18. The Australian system of government is: (a) unicameral (b) bicameral (c) unitary (d) federal 19. The legislative powers of the Commonwealth Parliament consist of: (a) only concurrent powers (b) only exclusive powers (c) both concurrent and exclusive powers 20. The section of the Commonwealth Constitution which deals with its amendment is: (a) s 51 3

4 (b) s 52 (c) s 10 (d) s The common law system operates in: (a) Australia, New Zealand, the United States of America (b) Australia, England, Germany (c) Australia, France, Canada (d) Australia, England, France 22. Queensland separated from New South Wales on: (a) 28 July 1828 (b) 28 December 1836 (c) 6 June 1859 (d) 1 January The Governor of Queensland is: (a) Paul de Jersey (b) Penelope Wensley (c) Quentin Bryce (d) Margaret McMurdo 24. The main function of a barrister is to: (a) brief the solicitor (b) be an advocate for the client in court (c) assume responsibility for the preparatory stages of litigation (d) be an umpire in legal proceedings 25. Which of the following is NOT a secondary source of legal materials? (a) legal encyclopaedia (b) textbook (c) legal dictionary (d) subordinate legislation as made 26. Plagiarism is: (a) copying another student s work and submitting it as your own work (b) using another person s ideas or writing in your own work without appropriate acknowledgement (c) paying another person to write an assignment and submitting it as your own work (d) all of the above 27. Which English case decided that the King no longer had the power to hear and decide cases, and that this power had passed to the judges of his courts? (a) Entick v Carrington (1765) 2 Wils 274 (b) The Earl of Oxford s Case (1615) 1 Rep Ch 1 (c) Prohibitions del Roy (1607) 12 Co Rep 63 (d) Case of Proclamations (1611) 12 Co Rep In the Commonwealth Parliament, the Senate and the House of Representatives have equal power in respect of all bills. (a) true (b) false 4

5 29. In Queensland, for the first reading of a bill, the Clerk of the Parliament will read: (a) the bill s long title (b) the full text of the bill (c) the bill s short title (d) nothing the Clerk of the Parliament no longer plays a role in the first reading of a bill 30. Queensland does not have a bicameral parliament. The reason for this is: (a) Queensland has never had a bicameral parliament (b) the Queensland Legislative Council was abolished in 1822 (c) the Queensland Legislative Assembly was abolished in 1922 (d) the Queensland Legislative Council was abolished in Under the Commonwealth Constitution, where a State law is inconsistent with a Commonwealth law: (a) the Commonwealth law prevails and the State law is invalid in its entirety (b) the Commonwealth law prevails and the State law is invalid to the extent of the inconsistency (c) the State law prevails and the Commonwealth law is invalid in its entirety (d) the State law prevails and the Commonwealth law is invalid to the extent of the inconsistency 32. To obtain a copy of an electronic reprint of the Acts Interpretation Act 1954 (Qld), which of the following websites would you visit to download and print a copy? (a) ComLaw (b) Queensland Courts (c) Queensland Parliament (d) Office of the Queensland Parliamentary Counsel 33. The 1984 decision of the Supreme Court of Queensland in Deputy Commissioner of Taxation v Truhold Benefit Pty Ltd is reported in volume 2 of the 1985 Queensland Reports at page 88. The correct citation to the report is: (a) [1985] 2 Qd R 88 (b) [1984] 2 Qd R 88 (c) (1985) 2 Qd R 88 (d) (1984) Qd R In which of the following areas does the Commonwealth Parliament have exclusive power to legislate? (a) Postal Services (b) Customs (c) Taxation (d) None of the above 35. For the purpose of interpreting a provision of a Queensland Act, consideration may be given to extrinsic material capable of assisting in the interpretation: (a) if the provision is ambiguous or obscure 5

6 (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable (c) to confirm the interpretation conveyed by the ordinary meaning of the provision (d) in any of these circumstances 36. The Federal Executive Council consists of: (a) the members of the Commonwealth Parliament (b) the members of the House of Representatives (c) the members of the Senate (d) the members of Federal Cabinet 37. The case which decided that the King no longer had the power to create new criminal offences by proclamation is: (a) Entick v Carrington (1765) 2 Wils 274 (b) The Earl of Oxford s Case (1615) 1 Rep Ch 1 (c) Prohibitions del Roy (1607) 12 Co Rep 63 (d) Case of Proclamations (1611) 12 Co Rep Currently there are no statutes passed by the British Parliament which apply in Queensland. (a) true (b) false 39. R v Bolton; Ex parte Beane (1987) 162 CLR 514, is authority for which of the following propositions? (a) the words of a Minister must not be substituted for the text of the law (b) a long title can only be used to resolve an ambiguity within the body of the Act, but cannot be used to restrict or extend the otherwise plain meaning (c) before an Act can be said to have a clear meaning the words of the Act must be read in context, including that of the preamble and any other legitimate aids to interpretation (d) if the word means is used in relation to a definition of a word or phrase, the rule is that, prima facie, the definition is meant to be an exhaustive statement of what is encompassed by that word or phrase 40. In accordance with current Queensland practice, which one of the following citations is correct? (a) The Summary Offences Act 2005 (Qld) (b) The Summary Offences Act 2005 (Qld) (c) The Summary Offences Act 2005 (Qld) (d) Summary Offences Act 2005 (Qld) 41. The date on which New South Wales law was received into Queensland was: (a) 26 January 1788 (b) 25 July 1828 (c) 6 June 1859 (d) 1 January Which Act removed the power of the British Parliament to enact legislation which applied to Queensland? 6

7 (a) The Australian Courts Act 1828 (Imp) (b) The Colonial Laws Validity Act 1865 (Imp) (c) The Statute of Westminster 1931 (Imp) (d) The Australia Act 1986 (UK) and (Cth) 43. The Privy Council (Appeals from the High Court) Act 1975 (Cth) did which of the following? (a) appeals to the Privy Council from the High Court of Australia in matters of federal jurisdiction were abolished (b) all appeals to the Privy Council from the High Court of Australia were abolished (c) all appeals to the Privy Council from State courts were abolished (d) all of the above 44. The case Cohns Industries Pty Ltd v Deputy FCT (1979) 24 ALR 658 is authority for which of the following propositions? (a) the words of a Minister must not be substituted for the text of the law (b) a long title can only be used to resolve an ambiguity within the body of the Act, but cannot be used to restrict or extend the otherwise plain meaning (c) before an Act can be said to have a clear meaning the words of the Act must be read in context, including that of the preamble and any other legitimate aids to interpretation (d) if the word means is used in relation to a definition of a word or phrase, the rule is that, prima facie, the definition is meant to be an exhaustive statement of what is encompassed by that word or phrase 45. Currently there are no statutes passed by the New South Wales parliament which apply in Queensland. (a) true (b) false 46. Which Act confirmed that the colonial parliaments could pass laws that were different to the laws of England, except for those Acts of the English parliament that applied to the colonies by paramount force? (a) Australia Act 1986 (UK) and (Cth) (b) Colonial Laws Validity Act 1865 (Imp) (c) Statute of Westminster 1931 (Imp) (d) Statute of Westminster Adoption Act 1942 (Cth) 47. For the purpose of the Acts Interpretation Act 1954 (Qld), which of the following statements is true: (a) the term person means an individual or a corporation (b) the term person includes an individual or a corporation (c) the term party means an individual or a corporation (d) the term party means a plaintiff or a defendant 48. The original Constitution of Queensland was contained in: (a) a British Order in Council issued in 1859 (b) the Constitution Act 1867 (Qld) (c) the Constitution of Queensland Act 1867 (Qld) (d) a schedule to the Commonwealth of Australia Constitution Act 1900 (Imp) 7

8 49. King John was forced to sign the Magna Carta in: (a) 850 (b) 1215 (c) 1295 (d) In the citation for Thomas v National Australia Bank [2000] 2 Qd R 448, [2000] stands for: (a) the year in which the decision was reported (b) the year in which the decision was delivered or handed down (c) the year in which the court heard the matter (d) the volume number of the law report 51. In the citation Mabo v Queensland No. 2 (1992) 175 CLR 1, CLR is an abbreviation for which of the following? (a) Commonwealth Law Reports (b) Councils of Law Reporting (c) Complete Law Reporter (d) Common Law Reports 52. The decision of the New South Wales Supreme Court in Whelan v John Fairfax Publications Pty Ltd was delivered on 1 November The decision is reported in volume 56 of the New South Wales Law Reports at page 89. The correct citation to that report of the case is: (a) [2002] 56 NSWLR 89 (b) (2002) 56 NSWSC 89 (c) [2002] NSWLR 89 (d) (2002) 56 NSWLR The practical supremacy of equity over common law was turned into legal doctrine by which case: (a) Entick v Carrington (1765) 2 Wils 274 (b) Blankard v Galdy (1693) Holt KB 341 (c) Prohibitions del Roy (1607) 12 Co Rep 63 (d) Earl of Oxford s Case (1615) 1 Rep Ch The Privy Council was: (a) removed as the final court of appeal on matters of federal jurisdiction by the Australia Act 1986 (Cth) (b) removed as the final court of appeal from a decision of the High Court of Australia by the Australia Act 1986 (Cth) (c) removed as the final court of appeal from a decision of the High Court of Australia by the Privy Council (Limitation of Appeals) Act 1968 (Cth) (d) removed as the final court of appeal on matters of federal jurisdiction by the Privy Council (Limitation of Appeals) Act 1968 (Cth) 8

9 55. Fred injures his neck after slipping on a wet floor in Anne s cafeteria. He has continuing pain for 2 years and has received medical advice that he can no longer work as a builder. Fred sues Anne in the Supreme Court of Queensland claiming that Anne has been negligent. The Court finds that Anne has been negligent and awards Fred $251,000 damages. Neither Fred nor Anne is happy with the result. Both are contemplating appealing the decision. Which of the following statements is true? (a) Fred can be both the defendant and the respondent (b) Anne can be both the defendant and the respondent (c) Fred can be both the plaintiff and the defendant (d) Anne can be both the plaintiff and the appellant 56. The only role of the Queensland Governor in the making of Acts of Parliament is the assent to bills after they have been passed by the Legislative Assembly: (a) true (b) false 57. Section 52 of the Commonwealth Constitution defines: (e) executive powers held by the Commonwealth (f) legislative powers held by the Commonwealth concurrently with the States (g) legislative powers that are held only by the Commonwealth (h) none of the above 58. Appeals to the Privy Council from matters arising in Queensland Courts were finally abolished by the: (a) Statute of Westminster Adoption Act 1942 (Cth) (b) Privy Council (Limitation of Appeals) Act 1968 (Cth) (c) Privy Council (Appeals from the High Court) Act 1975 (Cth) (d) Australia Act 1986 (Cth) and (UK) 59. In the citation of a case, the use of round brackets signifies: (a) the year the case was decided (b) the year the report was published (c) the year the volume of reports was published (d) that there was more than one volume of the reports published that year 60. The headnote of a case: (a) contains a summary written by the judge or judges explaining the reason for the decision in the case (b) is a summary of the facts of a case and the decision reached by the court (c) may always be relied upon as a comprehensive and accurate summary of the case written by an independent law reporter (d) is the part of the case where the judge records any orders made by the court 61. At which stage of the passage of legislation through Parliament does the Minister (or mover of the Bill) give a speech enunciating the Bill s principles? (a) First Reading (b) Second Reading (c) Consideration of the Bill in Detail (d) Third Reading 9

10 62. Equity is the body of law that has its origins in: (a) decisions of the Court of Common Pleas (b) the Judicature Acts (Eng & W) (c) the Earl of Oxford s case (d) decisions of the Court of Chancery 63. Which of the following matters is NOT included in all paper-based law reports of cases? (a) Catchwords (b) Case Lists (c) Formal Order (d) Reporter s name or initials 64. The present Chief Justice of the High Court of Australia is: (a) Gleeson CJ (b) French CJ (c) de Jersey CJ (d) Spiegelman CJ 65. Which of the following heads of power is NOT shared concurrently between the Commonwealth and State parliaments? (a) customs (b) defence (c) external affairs (d) none of the above as all heads of power are shared concurrently between the Commonwealth and State parliaments 66. The general rule is that the law made by parliament is supreme over judge made law: (a) unless the courts would have preferred a different wording (b) unless it is a bad law (c) unless the proper procedures have not been complied with in enacting the law in question or parliament does not have the power under the relevant constitution to make the law in question 67. A drunk driver causes an accident in which another vehicle is damaged and its owner is seriously injured. Which of the following options most completely summarises the legal consequences that could potentially flow from the incident? (a) the drunk driver may be prosecuted for dangerous driving causing grievous bodily harm and have civil proceedings brought against him by the owner of the vehicle for the cost of repairs to the vehicle and for damages for personal injuries (b) civil proceedings may be brought against the drunk driver by the owner of the vehicle for the cost of repairs to the vehicle and for damages for personal injuries (c) civil proceedings only may be brought against the drunk driver by the owner of the vehicle for damages for personal injuries (d) the drunk driver may only be prosecuted for dangerous driving causing grievous bodily harm 68. In the citation for Betfair Pty Ltd v Western Australia [2008] HCA 11, the 11 stands for: (a) the page on which the report commences (b) the 11 th decision reported electronically that year (c) the month in which the case was decided (d) none of the above 10

11 69. The current Governor General of Australia is: (a) Quentin Bryce (b) Michael Kirby (c) Michael Jeffery (d) Murray Gleeson 70. Which one of the following statements is true? (a) a court is bound to follow the decision of a court inferior to it in the same hierarchy (b) everything a judge says in a higher court will be binding on those lower in the hierarchy and will, as such, make law. (c) while an obiter dictum is something said by a judge by the way it is nevertheless binding on lower courts (d) none of the above statements is true. END OF QUESTIONS 11