Which of these is NOT a reason laws need to change

Changes in who is in government

A decision from a previous case

The purpose of civil remedies is to...

Return P to the position they would have been in

When is a precedent binding?

When it comes from a higher court in the same hierarchy

Which of the following is NOT a weakness of the jury system?

Judges tend to agree with jury verdicts

A precedent is persuasive when...

It comes from an overseas or interstate hierachy

The Victorian parliament is composed of...

Legislative Assembly, Legislative Council, Governor

Rank the dispute resolution methods from least formal and costly to most formal and costly

Mediation, Conciliation, Arbitration, Judicial Determination

The role of VCAT is to provide...

A cheap, quick place to resolve civil disputes

Which adult citizens are ineligible for jury service?

Current/recent lawyers, people mentally unable to do the job

Statutory interpretation is required when...

It's unclear how the legislation applies to the current case

Structural protection is...

Systems and mechanisms within the Constitution

Roach v Electoral Commissioner examined

Whether there is an implied right to vote

s.109 is relevant when...

A state law is inconsistent with a valid Commonwealth law

Referenda are powerful because...

They can change the actual words of the Constitution

The High Court in Roach concluded that there's an implied right to vote, but...

You can lose the right if you commit a serious crime

Implied rights are...

Read into the Constitution by the High Court

Express rights are...

Clearly stated in the Constitution

Which of these is NOT an option for parliament in responding to statutory interpretation?

It can reverse the result in the case

Responsible government means...

The government answers to Parliament

Which of these is NOT a purpose of the pre-trial civil stage of directions hearings?

To allow the judge to dismiss the case

The Commonwealth Parliament is composed of...

House of Representatives, Senate, Governor-General

Which of these is NOT an effect of statutory interpretation?

The words of the legislation are changed

Legal representation is usually not required at VCAT because...

The formal rules of evidence don't apply

How is the role of the jury different in civil v criminal cases?

Criminal - verdict; Civil - verdict and damages

Which of these is NOT a strength of law-making through the courts?

The courts can only make laws when they have a case

Reasons for the court hierarchy include...

Allows precedent to operate, specialisation, appeals

When talking referenda, a double majority requires a majority of votes...

Overall and in at least 4 states

Representative government means

The government represents the people

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SuperMEGA Unit 2 Legal Studies Quiz 2017

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Questions to help my students study for their VCE exam

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Questions 46

Answers

1
Areas of law that are not listed in the Constitution are called...
Exclusive Powers
Specific Powers
Austin Powers
Residual Powers
2
Which of these is NOT a reason laws need to change
Changes in community values
Changes in awareness of need to protect rights
Changes in technology
Changes in who is in government
3
Which of these is NOT a strength of the jury system?
The community feels involved in the system
A cross-section of the community is represented
Can result in hung juries
Takes some burden off judges
4
What is a precedent?
A decision from a previous case
A decision from a future case
Statute law
The same as legislation
5
You will need to go to court rather than VCAT if your dispute..
Requires a binding decision
Concerns a large sum of money
Requires calling witnesses
Is a criminal matter
6
The purpose of civil remedies is to...
Make sure P ends up better off than they would have been
Punish D
Keep the wheels churning and line the pockets of the lawyers
Return P to the position they would have been in
7
Which of the following is NOT a part of civil pleadings?
Request for further and better particulars
Injunction
Writ and statement of claim
Defence
8
When is a precedent binding?
When it comes from a higher court in any hierarchy
When it comes with rope
When it comes from a higher court in the same hierarchy
When it comes from a lower court in the same hierarchy
9
Which of the following is NOT a weakness of the jury system?
Evidence can be difficult for jurors to understand
Jury trails are more expensive
Judges tend to agree with jury verdicts
The jury must concentrate for long periods
10
How many referenda have passed in Australia's history?
10/15
8/12
16/44
8/44
11
A precedent is persuasive when...
It offers chocolates as a bribe
It comes from a higher court in the same hierarchy
It comes from an overseas or interstate hierachy
The judge thinks it makes a good point
12
A key case on the constitutional protection of rights was...
Cockroach v Mortein
Roach v Electoral Commissioner
Brislan
The Tasmanian Dams case
13
The Victorian parliament is composed of...
Jedi Council, Sith Lords, Jar Jar Binks
Legislative Assembly, Legislative Council, Governor-General
House of Representatives, Senate, Governor
Legislative Assembly, Legislative Council, Governor
14
Which of these is NOT an example of a structural protection?
Freedom of Religion
Representative Government
Responsible Government
Separation of Powers
15
The court hierarchy in Victoria from lowest to highest is...
MC, CC, SC(COA), SC(Trial)
MC, SC(Trial), SC(COA), CC
CC, MC, M&M,TW
MC, CC, SC(Trial), SC(COA)
16
What is the name of the pre-trial civil stage at which the parties exchange documents?
Exploration
Search
Colonisation
Discovery
17
Rank the dispute resolution methods from least formal and costly to most formal and costly
Mediation, Conciliation, Judicial Determination, Arbitration
Mediation, Conciliation, Arbitration, Judicial Determination
Meditation, Conscription, Arbiblation, Judicial Deliniation
Mediation, Arbitration, Conciliation, Judicial Determination
18
The role of VCAT is to provide...
A more detailed process than the courts
A cheap, quick place to resolve criminal disputes
A cheap, quick place to resolve civil disputes
Jobs for mediators
19
Which adult citizens are ineligible for jury service?
Postmen
Current/recent lawyers, people mentally unable to do the job
Current/recent lawyers, football players
Criminals
20
Statutory interpretation is required when...
Parliament is considering a bill
Explaining legislation to someone from an EAL background
The governor is considering royal assent
It's unclear how the legislation applies to the current case
21
Areas of law where ONLY the Commonwealth can make law are called..
Concurrent Powers
Residual Powers
Specific Powers
Exclusive Powers
22
Structural protection is...
Clearly stated in the Constitution
Systems and mechanisms within the Constitution
Arranging for a mid-date phone call in case it's going badly
The heavy use of cross-bracing
23
Which of these is NOT a way the Constitution protects rights?
Inferred rights
Implied rights
Structural protections
Express rights
24
Roach v Electoral Commissioner examined
Whether there is an implied right to build dams
Whether there is an implied right to listen to the radio
Whether there is an implied right to vote
Whether there is an implied right to political communication
25
At what stage in jury selection are the ineligible and disqualified excluded?
The selection from the voting register stage
The questionnaire stage
The excusing stage
The challenge stage
26
s.109 is relevant when...
Laws of two states clash
A state law is consistent with a Commonwealth law
A state law is inconsistent with a valid Commonwealth law
A state law is inconsistent with an invalid Cth law
27
Referenda are powerful because...
They can change the actual words of the Constitution
They pass easily
They only pass when they are approved by all the states
They require a double majority of Swiftians and Biebers
28
The High Court in Roach concluded that there's an implied right to vote, but...
You don't have that right if you are a woman
You can lose the right if you commit a serious crime
You can't lose that right no matter what
You can lose the right if you wear stripes with plaid
29
Areas of law where ONLY the states can make laws are called...
Exclusive Powers
Specific Powers
Concurrent Powers
Residual Powers
30
What's the term for a person let off jury service because it would be a hardship?
Disqualified
Challenged
Incompetant
Excused
31
Implied rights are...
Read into the Constitution by the High Court
Just assumed by everyone
Clearly stated in the Constitution
Obvious
32
Express rights are...
Clearly stated in the Constitution
Quickly delivered
Found by the High Court
Found in the subtext of the Constitution
33
Which of these is NOT an option for parliament in responding to statutory interpretation?
It can change the legislation to codify the precedent
It can change the legislation to override the precedent
It can reverse the result in the case
It can ignore the decision
34
Responsible government means...
The government answers to Parliament
The government must not be irresponsible
The government never drinks and drives
The government answers to the courts
35
Which of these is NOT a purpose of the pre-trial civil stage of directions hearings?
To push progress in the case and give orders to advance it
To set a date for trial that suits the court and the parties
To allow the judge to dismiss the case
To rule on admissibility of evidence
36
The Commonwealth Parliament is composed of...
House of Representatives, Senate, Governor-General
The Council of Elrond, the Fellowship, Gandalf
House of Representatives, Legislative Council, Governor
House of Representatives, Senate, Governor
37
Which of these is NOT an effect of statutory interpretation?
The legislation is narrowed or broadened
The words of the legislation are changed
A precedent is created
The legislation is given effect
38
Which of these is NOT relevant to the Separation of Powers?
Residual Power
Legislative Power
Executive Power
Judicial Power
39
The two major civil remedies are...
Damages and injunctions
Damaged disjunctions
Slaps and punch ons
Damages and conjunctions
40
Legal representation is usually not required at VCAT because...
The VCAT Member takes sides
Lawyers don't understand civil law anyway
The formal rules of evidence don't apply
Civil law is simple
41
How is the role of the jury different in civil v criminal cases?
There's no difference
Criminal - verdict and sentence, Civil - verdict
Criminal - verdict, Civil - damages
Criminal - verdict; Civil - verdict and damages
42
Which of these is NOT a strength of law-making through the courts?
The doctrine of precedent creates consistency
The courts can fill in gaps left by legislation
The courts can focus on justice rather than politics
The courts can only make laws when they have a case
43
Reasons for the court hierarchy include...
Allows precedent to operate, specialisation, gift bags
Allows precedent to operate, decisions can be political
Makes seating arrangements clear at justice system picnics
Allows precedent to operate, specialisation, appeals
44
When talking referenda, a double majority requires a majority of votes...
Overall and in at least 4 states
Overall and in at least 3 states
From The Merciless Ming and his Diabolical Council
Overall and in all states
45
Which Victorian court cannot hear any appeals?
Supreme Court - Court of Appeal
Supreme Court - Trial Division
Magistrates Court
County Court
46
Representative government means
It doesn't mean anything, it's just advertising lingo
The government is a representative cross-section of society
The government represents the people
The government represents big business

SuperMEGA Unit 2 Legal Studies Quiz 2017 Flashcards | StudBud