Multiple choice question of law

A A ‘court of record’ is: A court hearing that is open to members of the public A court, the decisions of which are recorded and published in the form of law reports An intermediate court with jurisdiction to hear appeals from lower courts in criminal matters A court hearing where the judge requires the parties to the proceedings to deliver written submissions A Bill that has been successfully passed by both Houses of Parliament is not law until: It is approved by referendum It receives the Royal Assent of the Crown representative The Prime Minister approves it It has been returned to the Lower House for final endorsement A court is exercising ‘appellate jurisdiction’ when: It is the court of ‘first instance’ It hears and decides a dispute for the first time It exercises powers conferred by the Australian Constitution It hears and determines an appeal from a court lower within the hierachy A legal system that complies with the rule of law will ensure that: All citizens have legal rights enforceable in the courts The law will be applied equally to all All citizens are entitled to legal representation People will only be punished for conduct that is expressly made illegal 1,2,3 1,3,4 1,2,4 2,3,4 A local government is: A separate level of government in its own right Comprised of a legislature, executive and judiciary Responsible for controlling power supply and health services Established by a state government to be responsible for local services A particular law might be changed because of: i A change in government ii Changing social and moral values iii Old legislation automatically expiring iv The invention of new technologies i, ii, iii i, ii, iv i, iii, iv ii, iii, iv A Private Member’s Bill is: A Bill proposed by the executive A Bill that only affects an individual citizen or group A Bill proposed by an individual member of the legislature A Bill the details of which are not disclosed to members of the public Aboriginal land rights: Allow Aboriginal people to sell land over which they have land rights Allow Aboriginal people to develop the land over which they have land rights Allow Aboriginal people to continue to use land according to their traditional uses such as hunting and fishing Gives Aboriginal people the right to prevent developments that are inconsistent with traditional uses of the land According to section 58 of the Australian Constitution, a Bill that has been successfully passed by both House of Parliament is not law until it: Is endorsed by the Cabinet Is approved by the Prime Minister Receives the Royal Assent of the Crown representative Has been affirmed by proclamation in the Government Gazette According to the doctrine of precedent: A judge is only obliged to follow decisions made by judges in higher courts within the same court hierarchy A judge of the Supreme Court of Queensland must follow a decision made by the Supreme Court of New South Wales A judge of the Supreme Court of Queensland is obliged to follow a decision made by the Queensland Magistrates court (no) A binding precedent is a previous decision about a question of fact that a judge must follow (no) According to the doctrine of responsible government: The legislature and executive function independently of each other Ministers found guilty of wrongdoing must be removed from office Voters are unable to express their dissatisfaction with the performance of the executive The Executive Council is comprised of elected representatives who are also members of the legislature According to the doctrine of responsible government: The members of the legislature are also judicial officers Persons convicted of an indictable offence are not eligible to contest a parliamentary seat in an election The members of the executive government are not answerable to citizens, as they are not elected to their positions The ministers comprising the executive council are elected representatives who are also members of the legislature Alternative dispute resolution is an increasingly popular alternative to litigation because: Judges are generally perceived as out of touch with community values Lawyers seek to make the courtroom less accessible to aspiring litigants It is generally cheaper, faster, more private and less stressfull than going to court The depiction of the courtroom in popular television has discouraged potential litigants An ‘explanatory memorandum’is a: Document prepared by the Cabinet to explain proposed legislation to the Governor-General Brief provided by a Minister to a government department explaining legislation relevant to that department Manual prepared by the Office of Parliamentary Counsel to assit members of the public in understanding a piece of legislation Document summarising a Bill and explaining the effect of each provision to assit members of parliament in their understanding of the draft law An amendment to the Australian Constitution requires: A simple majority of votes in both Houses of Parliament An absolute majority of votes in both Houses of Parliament A majority of votes by citizens and by States A simple majority of votes in one of the Houses of Parliament and 2 and 3 and and Arguments in favour of trial by jurry not include: The weight of responsibility is carried by more than one person The jury operates as a safeguard agaisnt the abuse of judicial power The jury is comprised of members of the same community with the same standards and attitudes The jury operates as an independent tribunal of non-professionals which gives the impression of impartiality As listed in this citation, Mabo & Ors v Queensland (No 2) (1992) 175 CLR 1, Eddie Mabo was: • • • The defendant One of a number of defendants A plaintiff • One of a number of plaintiffs At trial each party to the proceedings is entitled to present different types of evidence in support of their opposing arguments These types not include: Hearsay Testimony Real evidence Circumstantial evidence Australia is: i.A constitutional monarchy ii.A liberal democracy iii.A common law legal system iv.A federation i, ii, iii, iv i, ii, iii i, ii, iv i, iv Australia is a: Theocracy Presidential system Parliamentary republic Constitutional monarchy Australia was initially regarded terra nullius at the time of British settlement, which means: ‘Land to be settle’ ‘Land belonging to no-one’ ‘Inhabited land’ ‘Conquered land’ Australia’s legal system is a common law legal system based on the: Indigenous Australian legal system British legal system Roman legal system US legal system Australian courts are organised in accordance with a hierarchical court structure Which of the following is not an advantage of the hierarchical system? A party dissatisfied with the outcome of a trial can appeal the decision to a higher court Particular courts can specialise in particular types of trial facilitating the efficient allocation of legal resources It facilitates the operation of the doctrine of precedent because the higher courts establish precedents that the lower courts must follow It undermines the operation of the doctrine of precedent because the lower courts need not comply with the decisions of superior courts Australian judges: Are appointed by the Queen Are appointed following a vote by all the eligible lawyers in Australia Are re-appointed each time a new Federal Government is elected to office Have security of tenure, meaning they cannot be dismissed except for proven incompetence or misconduct B By the late 1800s there was growing pressure for unification of the colonies The sources of pressure did not include: The need to defend the continent during war The desire for a consistent and effective immigration policy Trade disputes because of customs barriers between colonies The British government’s desire to reinforce its control over the colonies C Certainty is one of the ideals of law because: The law should never change People should be able to easily find out what the law is The law should respond to changes in community values People should be able to conduct their affairs confidently and know in advance what rules apply Citizens who have complaints about the administrative actions of a government body may approach the: Police Parliament Ombudsman Executive council Civil proceedings are commenced by: A Defence A Counter claim Third party proceedings A Claim and Statement of claim D Despite the doctrine of separation of powers, the three arms of government in Australia and in many other democracies The judiciary and the executive exercise the same functions Members of the legislature are also members of the judiciary Members of the executive are also members of the legislature The judiciary, the executive and the legislature are all dominated by the same political party F Federal Government Ministers are not: Members of the Federal Execuitve Council Responsible for advising the Governor-General on matters of government (no) Elected to their positions according to a ballot of the House of Representatives Members of Parliament appointed by the Governor- General on the advice of the Prime Minister to administer the various departments of the Federal public service H High court judges are appointed by the: Prime Minister on the advice of the Governor General Chief Justice on the advice of the Prime Minister Governor General on the advice of the Prime Minister Governor on the advice of the Premier I Ideally the law should: Remain unchanging Be certain, flexible, accessible and fair Not be enforced where a wrongdoer was unaware of its existence Be followed regardless of whether it or not it is considered by most to be fair If a litigant is dissatisfied with the outcome of the trial he or she may: Refuse to comply with a court order to pay legal costs to the other party Lodge an appeal to a higher court Make a complaint to the Legal Services Commission Issue fresh proceedings and try again If a Federal Act of Parliament does not mention its date of commencement It will commence: Upon receiving the Royal Assent of the Governor 28 days after receiving the Royal Assent of the Governor Upon receiving the Royal Assent of the Governor General 28 days after receiving the Royal Assent of the Governor General If a State Act and a Commonwealth Act are inconsistent: Both Acts are invalid The State Act is repealed The State Act is treated as though it had never been passed The Commonwealth Act prevails to the extent of the inconsistency In 1967, the Commonwealth Constitution was amended to: Give Aboriginal people the right to vote (no) Give Aboriginal people land rights over their customary lands (no) Exclude Aboriginal people from the Commonwealth Census (no) Allow the Commonwealth government to pass special laws for the people of any race In 1975, the Governor-General Sir John Kerr dismissed the Prime Minister Mr Gough Whitlam Some people argued that Kerr acted improperly in dismissing Whitlam because: It was a breach of friendship It was not within Kerr’s reserve powers to dismiss a Prime Minister It was consistent with the convention that a Prime Minister who cannot obtain supply should either seek a general election or be dismissed It was in breach of the convention that a person who retains majority support in the House of Representatives is entitled to remain Prime Minister In a common law legal system: The model of law is the Roman model The primary source of law is legislation The two main sources of law are legislation and case law The decisions of judges are not recorded as a source of law In a parliamentary context, a ‘Minister’ is a: Religious official Member of the Senate who advises the Prime Minister Member of the House of Representatives and the majority party Member of the Executive Council or Governor in Council responsible for a particular portfolio and/or government department In Australia, and contrary to the 'pure' doctrine of separation of powers: Members of the executive are prohibited from being members of the parliament There is no significant separation between the executive and the legislation Members of parliament are also judicial officers (no) Members of the executive government have no real influence in parliament, particularly in the Lower House In Australia the Upper House of Federal parliament is the Senate Which of the following statements concerning the Senate is not correct? Each State has equal; representation in the Senate Representation in the Senate is based on population distribution The executive government does not necessarily control the Upper House There are 12 senators from each State and there are senators from Territory, resulting in a total of 76 senators In courts within a common law legal system, dispute resolution is carried out in accordance with: Trial by combat The adversarial system The inquisitorial system Alternative dispute resolution In parliamentary terms, a ‘deadlock’ is: When the Speaker ejects a member of parliament for unruly behaviour When a Bill is passed by the Lower House but rejected by the Upper House A physical confrontation between the Prime Minister and the Leader of the Opposition When the Governor-General exercises their power to dissolve both House of parliament In the Queensland parliament; in order to become law a Bill must pass: Three ‘readings’ in the Legislative Council and then receive Royal Assent Three ‘readings’ each in the Legislative Assembly and Legislative Council Three ‘readings’ each in the Legislative Assembly and then receive Royal Assent Three ‘readings’ each in the Legislative Assembly and Legislative Council and then receive Royal Assent In the State parliaments, the Lower House is known as: The Senate The Legislative Council The Legislative Assembly The House of Representatives It is generally acknowledged that the laws should comply with certain ideals The ideal of ‘accessibility’ means: Persons should be able to easily find out the relevant law Not knowing about a law is an excuse for breaking that law Persons without legal training can easily misunderstand technical laws Only legal professionals should have knowledge of the law and it is their role to impart that knowledge to their clients J Land ownership by inhabitants of Australia A title of land ownership which is capable of being sold by its holders Title to land given by Governor Macquarie when New South Wales wa settled by the British Native title rights may include: The right to hunt animals on the land only The right to hunt animals on the land but not to collect fish from the waters The right to collect fish from the waters but not to hunt animals on the land The right to hunt animals on the land and collect fish from the waters but only if that has been their custom P Pressure on the executive government to introduce a new law or change an existing law may come from a range of possible sources Those sources are generally recognised to include: i The British government ii The Queen of England iii The meida and lobby groups iv The courts and public servants ii and iv i and iii i and ii iii and iv R Residual powers: Are powers to make laws with respect to matters that are considered insignificant Include the power to make laws with respect to postal, telephonic and telegraphic services Are powers declared by the Australian Constitution to be within th executive province of the State parliaments Are those powers not expressly identified in the Australian Constitution as exclusive powers or concurrent powers Residual power to make laws with respect to crime is exercisable by State parliaments Local government The Federal parliament Both the Federal and State parliaments S Section 51 of the Australian Constitution sets out the law making powers to the shared between: The State parliaments and the Territory parliaments The Federal Parliaments and the State parliaments The Federal, State and Local parliaments None of the above Some elements of English (British) law continued to apply in New South Wales until: 1824 no 1840 1901 no 1986 T The ‘burden of proof’ is: The amount of proof required in a trial for the plaintiff or Crown to prove their case The requirement in civil trials that the Crown must prove the defendant’s guilt beyond all reasonable doubt The obligation of the plaintiff to produce sufficient evidence to establish the truth of his or her version of the facts The requirement in criminal trials that the court must find on the balance of probabilities that the plaintiff has proven his or her version of facts (no) The ‘majority party’ is the political party: With the largest number of members With a majority of members in the Senate With a majority of members in the Lower House Where members must be at least 18 years of age The ‘residual’ powers of the State parliament are: Unimportant matters which not necessitate the making of laws Matters in relation to which only the State parliaments may make laws Matters in relation to which only the Federal parliaments may make laws Matters in relation to which both the Federal and State parliaments may make laws The Australian Constitution can be amended: By an Act of Parliament By a proposed amendment receiving Royal Assent By a referendum passed by a majority of voters in a majority of states By an amendment passed by an absolute majority of both House of parliament and by a referendum passed by a majority of voters in a majority of States and receiving Royal Assent The Australian Constitution lists a number of concurrent powers at section 51 Which of the following statements is not correct concerning concurrent powers? Concurrent powers are those powers able to be exercised by both the Federal and State parliaments If the Federal Parliament has not legislated in relation to a matter listed in section 51 the matter remains within the regulatory authority of the States When a law of the Commonwealth is inconsistent with a law of the State the law of the State will prevail and the law of the Commonwealth will be invalid to the extent of the inconsistency If the State parliament has made a law in relation to a matter listed in section 51 and the Federal parliament makes a law in relation to the same matter the law of the Federal parliament will override the State law in the event of inconsistency The Australian Constitution places important limitations on the powers of the Commonwealth According to those limitations, the Commonwealth: • Must make laws regulating religion • Cannot acquire property without just compensation • Cannot grant a person charged with an offence under Commonwealth law a trial by jury No • Must not interfere where resisdents of States are discriminated against within other States The Australian Constitution regulates the relationship between: • • • • The States and Territories of Australia The citizens and the State governments The Federal government and foreign governments The Federal government and the various State and Territory government The Australian Constitution was established by the: • Australia Act • Constitution Act • Colonial Laws Validity Act • Commonwealth of Australia Constitution Act The Australian legal system differs in some respects from the legal systems of other countries Select the statement below that correctly describes the Australian system: The head of state is the Queen of England The head of state is also the head of executive The Australian prime minister has no connection with the legislature Australia has a constitution accompanied by a bill of rights identifying Australian citizens’ civil rights and liberties (no) The Australian legal system is: i A constitutional monarchy ii A liberal democracy iii A federation iv A democratic republic • ii, iii, iv • i, ii, iv • i, ii, iii • i, iii, iv The Australian parliament has a similar structure to British parliament In Australia, Federal Parliament: • Has a Lower House called the House of Representatives and an Upper House called the Senate • Has a Lower House called the Senate and an Upper House called the House of Representatives • Has an Upper House called the Senate and a Lower House known as the Legislative Assembly • Has an Upper House called the Legislative Council and a Lower House known as the Legislative Assembly The doctrine of separation of powers states: • That the executive holds the ultimate authority • That the head of state has no power and is a mere figurehead • That the federal, state and local governments should remain separate • That the legislative, executive and judicial arms of governments should function independently of each other The exclusive powers of the Federal Parliament are those powers: • Able to be exercised only by the State parliaments • Able to be exercised only by the Federal parliaments • Able to be exercised by both the Federal parliament and the State parliaments • That vest executive authority in the Governor-General, acting on the advice of the Federal Executive Council The exclusive powers only able to be exercised by the Federal Parliament not include: • The coining of money • Trade and commerce with other countries • The imposition of customs and excise duties • The raising and maintaining of military forces The Federal Court of Australia deals with matters arising under federal legislation including: • Traffic matters • Criminal offences • Family law disputes • Consumer protection matters The Federal government compulsorily acquires Tom’s land as the proposed site for a new freeway He is not compensated Tom may be able to challenge the acquisition on the ground that: It is not fair According to the Australian Constitution he is entitled to ‘just compensation’ The Federal government does not have the power to compulsorily acquire land The Constitution gives the power of compulsory acquisition to the State governments not to the Federal government The Federal Parliament of Australia includes: • • • • The Federal House and the State House The House of Representatives and the Senate The House of Commons and the House of Lords The Legislative Assembly and Legislative Council The Governor-General has powers that can be exercised independently of the advice of the Executive Council These powers are known as: • Reserve powers • Residual powers • Independent powers • Non-executive powers The head of state of the Commonwealth of Australia and of the various State and Territories is the: • • • • Prime Minister King or Queen of England Constitution Chief Justice The High Court of Australia was established by: • The Judiciary Act 1903 (Cth) • The Federal Judiciary Act 1905 (Cth) • Section 71 of the Australian Constitution • The High Court of Australia Act 1979 (Cth) The law is a living, growing thing that constantly changes Which of the following cannot be regarded as a force for change? • A change in government (no) • The need to remedy a defect in a law • Pressure exerted by lobby groups on the government • The notion of certainty that maintains that people should be reasonably certain of their legal rights The plaintiff is: • The complainant in criminal proceedings • The person against whom civil proceedings have been brought • The person who brings civil proceedings against another person • The person against whom criminal proceedings have been brought The power to call for a double dissolution in the event of a deadlocked parliament is given to the Governor-General by: • The Queen of England • The High Court of Australia • The Prime Minister of Australia • Section 57 of the Australia Constitution The power to make law at the Federal level of government is vested in: • • • • The Federal Parliament The High Court of Australia The Supreme Courts of Australia The State and Territory parliament The power to make law relating to the imposition of customs and excise duties can only be exercised by: • • • • State parliament Territory parliament The Federal Parliament Both the State and Federal parliament The power to make laws regulating taxation can be exercised by • • • • State parliaments The Federal parliament Both the State and Federal parliaments Both the State and Territory parliaments The role of a barrister in Australia includes: • Dealing directly with members of the public • Briefing a solicitor to appear for them in court • Arguing on behalf of a litigant in a court of law • Drafting contracts, drawing up wills, starting new businesses The role of the executive within the federal government is to: • Make the law • Interpret the law via the court system • Declare certain laws unconstitutional and invalid • Administer the law and oversees the public service The term ‘double dissolution’ refers to: • A joint sitting of both House of Parliament (no) • The Prime Minister dissolving both House of parliament • The Lower House rejecting a Bill that has been passed by the Upper House • The Governor-General dismissing all members of parliament thereby necessitating a Federal election The various arguments against trial by jury not include: • Jurors are not easily persuaded by barristers • The competence of most juries is questionable • Juries may have difficulty understanding a judge’s directions on matters of law • Jurors are often asked to perform the impossible, for example forgetting something they have heard The various State Constitutions vest executive power in the: • Federal Executive Council • Queen, exercisable by the Governor-General as the Queen’s representative • Governor as advised by the Premier and Ministers and known collectively as the Governor in Council • Administrator as advised by the Chief Minister and other Ministers and known collectively as the Executive Council There are several benefits of legislation (Acts of Parliament) over case, or judge-made, law Which of the following is not one of those benefits? • Legislation cannot be invalidated by the courts • Legislation can be made in anticipation of future problems • Legislation is flexible and can be amended by later parliaments • Case law requires a dispute to be brought before the courts for a decision, and are limited to the matters under dispute To become binding, a draft law, referred to as a Bill, must be passed by: • The Senate • The Lower House of the parliament • The Upper House of the parliament • Both the Lower House and the Upper House of the parliament Today, Aboriginal people in Australia: • Cannot vote in State elections • Cannot vote in Commonwealth elections • Are entitled to vote in all State and Commonwealth elections • Can choose whether they want to live under customary laws or under Australian (British-derived) laws Traditional Aboriginal customary law: • Recognises individual ownership of land • Is a spoken form of law that is not written down • Is not considered to be a genuine legal system • Is the legal system that applies to Aboriginal people in Australia today U Under Australia’s federal system of government: i There are two levels of government: the Federal government and the various State governments ii Power to govern is shared between the Federal and the State governments iii The two levels of government are not subordinate to each other, but are ‘partners’ • i, iii • ii, iii • i, ii • i, ii, iii Until 1865: • There were no parliaments in the colonies • There was no right of appeal to the British courts from NSW courts • British laws applied in NSW because there was no local government • Acts of colonial parliaments including NSW, had to be consistent with British laws W When used in a legal context the term ‘bicameral’ refers to: • The authority of the Governor General • The ban on the filming of parliamentary sessions • The separation of power between federal and state governments • The parliament consisting of two Houses, an Upper House and a Lower House Which of the following can be described as a customary legal system: • Laws, generally oral, sometimes narrative or based on established performative • practice rather than written codes Comprehensive, continuously updated legal codes that specify all matters capable of • • being brought before a court Laws developed through the principle of precedent None of the above Which of the following entities does not exercise executive power? • The Governor-General • The State Supreme Courts • The Executive Council within the Federal Government • The Executive Council within the Territory Governments Which of the following is not a characteristic of a law? • Made by the state • Made by persons or organisations • Enforceable by prosecution or litigation • A statement of behavioural expectation Which of the following is not a consequence of parliamentary sovereignty? • The head of state has the right to override or set aside the legislation of parliament • A parliament cannot pass laws that bind future parliaments • Parliamentary laws are not subject to any higher laws • No person can override, ignore or disobey a valid parliamentary law Which of the following is not a function of the executive arm of government? • Administering the law • Maintaining order and security • Carrying on the business of government • Enacting legislation to promote the welfare of all Australians Which of the following is not a possible definition of the term ‘common law’? • Case law generally • Law that was made by the Common Court • Case law developed by the common law courts of England • The law common to the whole of England as opposed to local laws Which of the following is not a proper description of a stage through which a Bill must successfully pass in order to be passed by the Lower House? • The first reading, a formal reading of the Bill’s title by the Clerk of the House • The second reading, where the Minister delivers an explanatory speech, proceedings are adjourned for members to consider the Bill and the Bill is debated when the House resumes sitting • The third reading stage, where members are allowed full debate and given an explanatory memorandum to assist their understanding of the Bill • The committee stage, where the Bill is considered by a committee of House members usually comprised of members from each of the major political parties The Chair of the committee then advises the House about the Bill Which of the following is not a proper description of the term ‘legislation’? • A stature • An Act of parliament • Law made by courts • Law made by parliament Which of the following is not one of the three arms of federal government in Australia? • The judiciary • The executive • The legislation • The parliamentary council Which of the following statement about judicial independence is not true? • Australian judges are answerable to parliament despite the separation of powers doctrine • Judicial independence is supported by security of tenure (no) • Judicial independence is one of the most important aspects of the separation of powers • The theory of judicial independence requires that judges should be free from political or other influences when making their decisions Which of the following statements about the Mabo decision is not true? • The decision questioned whether Australia was, in reality, terra nullius • The High Court held that the Crown could extinguish native title if it exercised its title to the land, for example, by selling it • The decision acknowledges the existence of traditional customs and laws regulating the relations of Aboriginal people with the land, but does not change the fact that the common law does not recognise such customs and laws • The High Court was influenced by developing notions of human rights that meant that is was appropriate for the common law to be changed so that it recognised that the Crown’s radical title co-existed with beneficial native title Which of the following statements about the Native Title Act 1993 (Cth) is true: • It empowers the National Native Title Tribunal to make determinations of native title • It provides that native title rights and interests can only ever amount of rights of exclusive possession • It was enacted by all states and territories in response to the Mabo decision • One of its goal was creation of a mechanism for the effective and efficient implementation of the common law principles set out in the Mabo decision Which of the following statements concerning the High Court of Australia is not correct? • It does not exercise appellate jurisdiction • It sits as a single Justice to hear disputes about Federal law • It consists of Justices appointed by Governor-General on the advice of the Prime Minister • It sits as a panel of to Justices to hear disputes relating to the interpretation of the Australian Constitution Which of the following statements is incorrect? • • The Australian Constitution is not an Act of an Australian Parliament The Australian Constitution sets out the system of responsible government for the • Commonwealth The Australian Constitution gives the Commonwealth power to make laws on • • specified matters The Australian Constitution recognises native title None of the above Which of the following statements is incorrect? The doctrine of precedent: • Contributes to the unpredictability of the law • Is important in ensuring consistency in case law • Is sometimes referred to by its Latin name stare decisis • Provides that a judge deciding a question of law must decide that question in the same way as was done previously by an earlier court Which of the following statements is not correct concerning the Lower House of Federal parliament? • Each member is elected to represent a particular electorate • The political party with the majority of members in the House of Representative forms executive government • According to the Australian Constitution the number of members of the House of Representatives must be the same as the number of Senators • Australia is divided into a number of electorates each containing the same number of people to ensure that citizens have equal representation in the Lower House Which of the following statements is not correct concerning the Upper House of Federal parliament? • It is also known as the House of Review • The Upper House is known as the Senate • The Upper House will automatically pass any law already passed by the Lower House • It is comprised of 76 senators: 12 senators from each state and senators form each territory Which of the following statements is not correct? Legislation commences: • On the date expressly set out in the legislation • On a date fixed ‘by proclamation’, that is, when announced by the executive government in the Government Gazette • If the legislation is silent on commencement and it is Federal legislation, 28 days after receiving the Royal Assent of the Governor-General • If it is State or Territory legislation and the legislation is silent on commencement, within 28 days of receiving the Royal Assent of the Governor-General Which of the following States of Australia has a ‘unicameral’ parliament? • Victoria • Queensland • South Australia • New South Wales Which of the following terms would usually be used in contrast with the term ‘civil law legal system’ • • • • Common law legal system Statute law legal system Ecclesiastical law legal system Canon law legal system Which of the following would not be regarded as a purpose of the law? • Ensuring fair distribution of resources • Keeping the peace and preventing chaos • Encouraging the arbitrary exercise of power • Ensuring community values are applied equitably ... authority of the States When a law of the Commonwealth is inconsistent with a law of the State the law of the State will prevail and the law of the Commonwealth will be invalid to the extent of the... definition of the term ‘common law ? • Case law generally • Law that was made by the Common Court • Case law developed by the common law courts of England • The law common to the whole of England... Roman model The primary source of law is legislation The two main sources of law are legislation and case law The decisions of judges are not recorded as a source of law In a parliamentary context,