Practice+Exams

This is an uploaded version of a practice exam that Miss Westland's class received in class: **SECTION 1: THE LEGAL SYSTEM**
 * MULTIPLE CHOICE**

1) Henry does not pay his dentist’s bill. The dentist sues Henry in order to recover the money she is owed. The case against Henry must be proved by: (A) the plaintiff, beyond reasonable doubt (B) the defendant, beyond reasonable doubt (C) the plaintiff, on the balance of probabilities (D) the prosecution, on the balance of probabilities

2) A dispute about whether the federal government has the right to pass a certain law is an example of: (A) administrative law (B) criminal law (C) private law (D) constitutional law

3) Mediation is used for dispute settling in: (A) the high court (B) community justice centres (C) the District Court (D) the Coroner’s Court

4) When a State and Federal law clash: (A) the federal law prevails (B) the state law prevails (C) the High Court decides which law should apply (D) the common law applies

5) Our system of trial developed from: (A) Roman law (B) British customary law (C) Canon law (D) Aboriginal customary law

6) If people disobey a law because they believe that the law is wrong, this is called: (A) anarchy (B) civil disobedience (C) breakdown of the rule of law (D) bioethics

7) An example of a delegated legislator is: (A) Cabinet (B) The Executive Council (C) The House of Representatives (D) The state parliament

8) The federal government has exclusive powers to make laws about: (A) taxes, health and education (B) immigration, defence and marriage (C) coinage, roads and railways (D) local government, industrial relations and weights and measures

9) People who sit on a jury of a criminal duty are performing: (A) a legal right (B) a legal duty (C) a moral duty (D) a moral right

10) Legal aid is available to: (A) all people (B) most people who pass a means test (C) most people who pass a means and a merit test (D) anybody defending a criminal charge

11) The Mabo decision was important because: (A) it granted land rights to all Aboriginal and Torres Strait Islander peoples (B) it established the National Native Title Tribunal (C) it recognised the existence of native title (D) it compensated Aboriginal and Torres Strait Islander peoples for the loss of their lands

12) The doctrine of precedent is reliant on: (A) the parliamentary system (B) the court hierarchy (C) the adversarial system of trial (D) the development of customary law \ 13) The main source of international law is: (A) jus cogens (B) treaties (C) statutes (D) customary law

14) One of the main functions of the Australian Constitution is to: (A) protect the rights of individuals (B) divide legal power between the Commonwealth and the states (C) provide for the election of judges to the High Court (D) ensure that a balance of power is always held by minorities in the Senate

15) An indictable offence: (A) may be heard by a judge and jury (B) is a less serious offence (C) in heard in an inquisitorial manner (D) cannot be subject to a commercial hearing

16) Private law is: (A) law that deals with the disputes between private citizens (B) law that deals with disputes between private companies (C) trials that do not have a jury (D) laws that are only applicable to one country

17) The concept about what is right or wrong and what is fair or unfair is: (A) justice (B) ethics (C) morals (D) rights

18) Ecclesiastical law is: (A) laws apply to ministerial members of parliament (B) classical law (C) laws that govern the collection of statistics (D) church law

19) Basic rights which should be given to all people are: (A) rights of freedom (B) morals (C) equality (D) human rights

20) The act of giving a punishment to a criminal offender, or the punishment itself: (A) sentence (B) punishment (C) retribution (D) reverence

**SHORT ANSWER SECTION: THE LEGAL SYSTEM**
 * (10 MARKS)**

The main function of the media is to provide objective news and commentary. The 1999 ‘cash for comment’ scandal surrounding 2UE’s announcers John Laws and Alan Jones has put the integrity of this function under a cloud. When Laws and Jones accepted large sums of money from companies to give favourable comments about them on air, they blurred the line between impartial comment and advertising.
 * QUESTION 21:**

(4 marks)
 * (A)** Using the above stimulus material, explain what ethics is and explain the question of ethics raised by the ‘cash for comment’ scandal.

(3 marks)
 * (B)** Explain the relationship between ethics and law using an example from everyday life.

__**QUESTION 17**__

How did the doctrine of terra nullius affect that status of indigenous peoples in Australia? (4 marks)

__ **SECTION TWO: THE INDIVIDUAL AND THE STATE**
 * (20 MARKS)**
 * QUESTION 18**__

Dennis is a single parent who has been in receipt of the parenting payment (single) – a social security benefit available from the Commonwealth government through Centrelink offices. Recently, Susan, an old friend, moved in with Dennis because she needed a place to live. Centrelink decided that Dennis and Susan were living in a defacto relationship and stopped paying Dennis his parenting payment.

Use the above stimulus material to answer the following:

(4 marks)
 * (A)** Explain the administrative review mechanisms available to Dennis to have this decision reversed.

(5 marks)
 * (B)** Describe the informal means of redress available to people who, like Dennis, have been adversely affected by a government decision.

(5 marks)
 * (C)** Describe other formal means of redress available to people who have been adversely affected by a government decision.

(6 marks)
 * (D)** Discuss the effectiveness of the law in achieving justice for individuals who have been adversely affected by government decisions.