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Australian Legal System Questions & Answers
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The main sources of law in Australia are: - ANSWERS(c) Both the courts and parliament Legislation passed by parliament is called: - ANSWERSAn Act The legislation that applies in Queensland is: - ANSWERS(d) the lesislation of the commonwealth parliament and the QLD parliament Which of the f...

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  • October 7, 2024
  • 7
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • australian legal system questions answers
  • australian legal system stuvia
  • the main sources of law in australia are
  • legislation passed by parliament is called

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  • Australian Legal

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Australian Legal System Questions &
Answers
The main sources of law in Australia are: - ANSWERS(c) Both the courts and
parliament

Legislation passed by parliament is called: - ANSWERSAn Act

The legislation that applies in Queensland is: - ANSWERS(d) the lesislation of the
commonwealth parliament and the QLD parliament

Which of the following is true?
(a) the parliament cannot pass laws overriding the decisons of the courts?
(b) parliament cannt pass laws overriding the decisions of the courts when the prime
minister is out of Australia
(c) Parliament can pass laws overriding the decision of the courts but only if the courts
make a mistake
(d) parliament can pass laws overriding the desions of the courts where the parliament
has the requisite consititional power - ANSWERS(d) parliament can pass laws
overriding the desions of the courts where the parliament has the requisite consititional
power

The rule of law is best described as: - ANSWERS(a) the right to individual freedom
subjet only to the law

Which of the following is true about the AUS consitution:
(a) the power make some laws is devided between the commonwealth and state
parliaments and if there is a conflict the state law prevails
(b) the power to make some laws is devided between the commonwealth and state
parliaments but if there is a conflict, commonwealth law prevails
(c) the power to make some laws is divided between teh commonwealth and state
premiers and if there is a conflict the commonwealth law prevails
(d) the power to make laws is never shared between the commomwealth and state
parliaments - ANSWERS(b) the power to make some laws is devided between the
commonwealth and state parliaments but if there is a conflict, commonwealth law
prevails

In Australia which of the following is TRUE about the roles of the executive, legislature
and judiciary:
(a)Executive power is exercide by the government which is completely separate from
the legislature
(b) Execuvite power is exercised by the courts which are completely separate from the
legislature

, (c) executive power is exercise by the parliament which is completely separate from the
courts
(d) executive power is exercised by the government whose members are also members
of parliament - ANSWERS(d) executive power is exercised by the government whose
members are also members of parliament

Which of the following is TRUE about the developement of the common law and equity?
(a) the law of equity was developed to supplement the flexible rules of the common law
(b) the law of equity was developed to overcome the harshness of the common law
(c) the law of equity is discretionary and has no rules to follow
(d) the law of equity is not discretionary and has rules which must be followed -
ANSWERS(b) the law of equity was developed to overcome the harshness of the
common law

The lowest court in QLD is - ANSWERS(b) the magistrates court

The highest court in Australia is: - ANSWERS(d) high court of Australia

What does obiter dicta mean - ANSWERScomments of the court that are strictly not
necessary for the decision that may be reffered to but are not binding in other courts

What does ratio decidendi mean? - ANSWERSScrict reasons for the decision that are
binding on other courts in the heirachy

Which of the following is true about the doctrine of precedent?
(a) judges in the lower courts decide cases using only the decisions they have
previously made when coming to the decision
(b) judges in the lower courts decide cases using only their personal experience when
coming to the decision
(c)Judges in the lower courts decide cases using previous decision of higher courts in
the heirachy that have similar issues
(d) judges in the lower courts dont decide cases. They always refer cases to higher
courts - ANSWERS(c)Judges in the lower courts decide cases using previous decision
of higher courts in the heirachy that have similar issues

Which of the following is TRUE about the civil and criminal wrongs:
(a) whether the wrongful act is a civil or criminal wrong depends on the consequences
that flow from the act
(b) Whether a wrongful act is a civil or criminal wrong depends on whether you get
caught
(c)Whether a wrongful act is a civil or criminal wrong deends on who catches you doing
the wrongful act
(d) A wrongful act may be either a civil wrong or a criminal wrong but never both -
ANSWERS(a) whether the wrongful act is a civil or criminal wrong depends on the
consequences that flow from the act

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