Australian Legal System And Laws! Trivia Facts Quiz
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The 2 functions of the law are:
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Law and Order
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Social Cohesion and Social Progress
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Social Media and Social Cohesion
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Public and Private
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About This Quiz
Australian Legal System and Laws are based on parliamentary democracy, and the constitution was introduced in the year 1901. As a law student, just how much do you know about the law and do you understand all the system and laws? The quiz below is designed to see how much you know. Give it a shot and get to find See moreout!
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- 2.
An example of Public law is:
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Criminal Law
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Negligence
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Contract Law
Correct Answer
A. Criminal LawExplanation
Public law refers to the area of law that governs the relationship between individuals and the government or state. It includes laws that regulate the conduct of individuals in society and maintain order and public safety. Criminal law falls under public law as it deals with offenses committed against the state or society as a whole. It involves actions that are considered harmful or threatening to public welfare, such as murder, theft, or assault. Criminal law aims to punish offenders and protect the public by maintaining law and order in society.Rate this question:
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- 3.
Negligence is an example of:
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Private Law
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Public Law
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Adminstration Law
Correct Answer
A. Private LawExplanation
Negligence is an example of private law because it involves a violation of a duty owed by one individual to another. Private law deals with disputes between individuals or organizations, where the injured party seeks compensation for harm caused by the negligent actions of another party. In this case, negligence refers to the failure to exercise reasonable care, resulting in harm or injury to someone else. This falls under the realm of private law as it pertains to civil wrongs and personal liability rather than crimes committed against society as a whole (public law) or regulations governing government actions (administration law).Rate this question:
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- 4.
A Bill is a:
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Bank Note
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Proposed Law
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An expense
Correct Answer
A. Proposed LawExplanation
A bill is a proposed law. It is a document that is presented to a legislative body for consideration and potential enactment. Bills are typically introduced by legislators and go through a series of stages, including committee review, debate, and voting, before they can become law. This process allows for public input and scrutiny of the proposed law, ensuring that it is thoroughly examined and debated before any final decisions are made.Rate this question:
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- 5.
Australia is a:
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Constitutional Monarchy
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Unitary Monarchy
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Dictatorship
Correct Answer
A. Constitutional MonarchyExplanation
Australia is a constitutional monarchy because it has a monarch as the head of state, but their powers are limited by a constitution. The monarch's role is largely ceremonial and symbolic, with the executive powers being exercised by elected representatives. This means that Australia has a system of government where the powers and responsibilities of the monarch are clearly defined and limited by law, ensuring a balance of power and a democratic governance structure.Rate this question:
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- 6.
The three branches of the Australian Legal System are:
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Legislature, Government, Judges
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Legislature, Executive, Judges
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Legislature, Executive, Judiciary
Correct Answer
A. Legislature, Executive, JudiciaryExplanation
The correct answer is Legislature, Executive, Judiciary. In the Australian Legal System, the legislature is responsible for making laws, the executive branch is responsible for implementing and enforcing laws, and the judiciary is responsible for interpreting and applying laws. This division of powers ensures a separation of powers and a system of checks and balances within the legal system.Rate this question:
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- 7.
The three elements required to prove a case of negligence are:
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A Duty of Care is owed. The Duty of Care has been breached. Injury/Damage has occured because of that breach.
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A Duty of Care is owed. The Duty of Care has been breached. No Injury or Damage needs to occur.
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A Duty of Care is owed. The Duty of Care does not have to be breached. Injury/Damage has occured.
Correct Answer
A. A Duty of Care is owed. The Duty of Care has been breached. Injury/Damage has occured because of that breach.Explanation
The correct answer is that a Duty of Care is owed, the Duty of Care has been breached, and Injury/Damage has occurred because of that breach. This means that in order to prove a case of negligence, it is necessary to establish that there was a legal duty of care owed by the defendant to the plaintiff, that the defendant breached that duty of care, and that as a result of that breach, the plaintiff suffered injury or damage. This answer encompasses all three elements required to prove a case of negligence.Rate this question:
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- 8.
Donohue v Stevenson was a landmark case for Negligence
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True
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False
Correct Answer
A. TrueExplanation
Donohue v Stevenson is indeed a landmark case for Negligence. This case established the modern concept of negligence in tort law and introduced the "neighbor principle," which states that individuals owe a duty of care to their neighbors, meaning they must take reasonable care to avoid causing harm to others. The case involved a manufacturer who sold a contaminated beverage that caused harm to the consumer. The ruling in this case set a precedent for determining negligence and has been widely influential in shaping negligence law.Rate this question:
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- 9.
A citation for a civil case would be: Police v Gorman
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True
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False
Correct Answer
A. FalseExplanation
A citation for a civil case typically includes the names of the parties involved, but it does not use "v" (versus) to separate them. Instead, it usually uses "v." (versus) or "vs." (versus) to indicate the legal dispute between the parties. Therefore, the given answer "False" is correct because "Police v Gorman" would not be a correct citation for a civil case.Rate this question:
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- 10.
The highest court in Australia is:
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Federal Magistrates Court
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Privy Council
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High Court
Correct Answer
A. High CourtExplanation
The High Court is the correct answer because it is the highest court in Australia. It has the final authority on legal matters and is responsible for interpreting and applying the laws of Australia. The High Court hears appeals from lower courts and has the power to make binding decisions on legal issues. It plays a crucial role in ensuring the consistency and validity of Australian law.Rate this question:
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- 11.
The two source of law are __________________ and ____________________
Correct Answer
parliament, judgeExplanation
The two sources of law are parliament and judges. Parliament is responsible for creating legislation, which becomes law once it is passed. Judges, on the other hand, interpret and apply the law in court cases. They make decisions based on legal principles and precedents, which also contribute to the development of law. Both parliament and judges play crucial roles in the legal system, with parliament creating laws and judges ensuring their proper implementation and interpretation.Rate this question:
- 12.
The Doctrine of the Separation of Powers refers to the separation of the Legislature, the Executive and the Judiciary. It provides a checks and balances so that no one branch has more power than another.
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True
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False
Correct Answer
A. TrueExplanation
The explanation for the given correct answer is that the Doctrine of the Separation of Powers is a fundamental principle in democratic systems, aimed at preventing the concentration of power in any one branch of government. By separating the Legislature, the Executive, and the Judiciary, each branch acts as a check on the others, ensuring a system of checks and balances. This helps to prevent any one branch from becoming too powerful and potentially abusing their authority. Therefore, the statement that the Doctrine of the Separation of Powers provides checks and balances so that no one branch has more power than another is true.Rate this question:
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- 13.
Parliament can change the Australian Constitution at anytime.
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True
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False
Correct Answer
A. FalseExplanation
The Australian Constitution can only be changed through a specific process outlined in the Constitution itself. This process involves a national referendum where proposed changes must be approved by a majority of voters in a majority of states. Therefore, Parliament does not have the power to unilaterally change the Constitution at any time.Rate this question:
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- 14.
The rights of an accused person include:
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The right to a trial by jury, the right to the presumption of innocence
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The right to legal representation, the right to legal aid
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The right to the presumption of innocence, the right to bail
Correct Answer
A. The right to a trial by jury, the right to the presumption of innocenceExplanation
The rights of an accused person include the right to a trial by jury, which ensures that the accused is judged by a group of their peers. This helps to ensure a fair and impartial trial. Additionally, the right to the presumption of innocence is crucial as it means that the accused is considered innocent until proven guilty. This protects individuals from being unjustly convicted or treated as guilty before their guilt has been established. These rights are fundamental principles of a fair and just legal system.Rate this question:
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- 15.
To be Prime Minister of Australia you must have a Law Degree
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True
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False
Correct Answer
A. FalseExplanation
The statement is false because having a Law Degree is not a requirement to be the Prime Minister of Australia. The Constitution of Australia does not specify any educational qualifications for the position of Prime Minister. Therefore, individuals without a Law Degree can also become the Prime Minister if they meet the other eligibility criteria, such as being a member of the House of Representatives and having the support of their political party.Rate this question:
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- 16.
The House of Representatives has _____________ members and the Senate has _________________ senators
Correct Answer
151, 76Explanation
The House of Representatives has 151 members, while the Senate has 76 senators. This is the correct answer because the number of members in the House of Representatives is fixed at 151, and the number of senators in the Senate is fixed at 76. These numbers are based on the structure and composition of the legislative bodies in the given context.Rate this question:
- 17.
Who enacts/amends Acts?
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Julia Gillard
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Government
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Parliament
Correct Answer
A. ParliamentExplanation
Parliament enacts and amends Acts. This is because Parliament is the legislative body responsible for making and changing laws in a democratic system. Julia Gillard and the government may play a role in proposing and drafting legislation, but it is ultimately the Parliament that has the authority to pass and modify Acts.Rate this question:
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- 18.
The formal stage of debate where the Minister responsible for the Bill gives a speech explaining the Bill and there is a debate on the general principles of the Bill is known as the:
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First Reading
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Second Reading
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Third Reading
Correct Answer
A. Second ReadingExplanation
The second reading is the formal stage of debate where the Minister responsible for the Bill gives a speech explaining the Bill and there is a debate on the general principles of the Bill. This stage allows for a thorough discussion and examination of the proposed legislation before it moves forward in the legislative process. The first reading is simply the introduction of the Bill to the legislative body, while the third reading is the final opportunity for debate and amendments before a vote is taken on the Bill.Rate this question:
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Current Version
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Mar 08, 2024Quiz Edited by
ProProfs Editorial Team -
Apr 28, 2013Quiz Created by
Ssnaith
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