2. The American Declaration of Independence, the Gettysburg Address and Martin Luther Kings famous address at the Lincoln Memorial in 1963 ("I have a Dream.....") all referred to the notion of all men being created equal. The latter two were quoting from the Declaration. Who inspired the sentiment? A St Augustine B Jesus Christ C John Locke D John Austin E Roscoe Pound F No idea! 3 In 1986, the Australia Act abolished appeals from our State Courts to which of the following bodies? A The Supreme Court B The Federal Court C The Privy Council D The District Court E The High Court F Would not have a clue! 4. Section 51 of the Constitution of the Commonwealth of Australia is important for the Federal Parliament because it? A Gives the right to establish a Bill of rights B Sets out the concurrent powers of the Commonwealth Parliament C Enshrines the Freedom of the Press D Sets out the powers belonging exclusively to the States E Sets out the power belonging exclusively to the Commonwealth Parliament F Doh! 5 Which of the following statements is false? A Local Court decisions are binding on the District Court B That Acts are not intended to apply retrospectively C The High Court can overrule its own previous decisions D That natural justice applies to disciplinary bodies E That, in most cases, a crime cannot be committed by someone who is unaware of the relevant facts F Feeling stupid? 04/10/2016 2 6 The Latin Phrase "ratio decidendi" is often referred to in relation to the Doctrine of Precedent. When it is said that the courts are looking for the ratio decidendi, this means that they are looking for? A The legal rule/s essential for the decision B The statements made by the previous Judge C The prospects of success D The statutes rather than the cases E Differences between the present and previous cases F What was the question? 7. It is said that "possession equals 9/10ths of the law". If you find an object? A It belongs to you most of the time B Ownership follows possession C The owner of the land on which the object was found will be entitled to ownership D The finder owns it if the owner cannot be found E Only the true owner can own it F Your guess is as good as mine! 8 What is the meaning of "Mens Rea"? A The mental element of a crime, often referred to as the "guilty mind" B You cant be prosecuted twice for the same offence C French criminal proceedings D A phrase used to suggest that Australia had no inhabitants in 1788 E A mans backside F Not sure! 9 The decision of Donoghue v Stephenson is an example of how the doctrine of precedent can work. Which statement is false? A Not all the judges in the House of Lords agreed on the verdict B The majority agreed the ginger beer manufacturer could owe a duty of care C Lord Atkin was the only judge to describe the "good neighbour principle" D The "good neighbour principle" was extracted as the ratio decidendi E The appellant succeeded partially on the basis of a collateral contract F Take your pick! 10.Fred Nurk was injured in the operation of his neighbours dangerously set up welder. He injured his eye. His claim in negligence will be? A Limited to medical benefits B Reduced by the percentage share which he contributed to his own injury C Paid in full regardless of his contributory negligence D Depends on whether it is a direct consequence E Dismissed because the welding should have been done professionally F Can I phone a friend? 11.Lucky, the builder, decides to bring an old wooden farmhouse, which he owns, to land owned by his friend Richie. He manages to lift the house onto the back of a truck and transport it in one piece to Richie's block of land. There they place the house on brick foundations which Richie has prepared. Which of the following statements is most correct? A Lucky can move the house away to another site tomorrow B Richie owns the house as a person of unlimited strength cannot move it C The house becomes the property of Richie once it is permanently fixed D The house forms part of the real property once it is permanently fixed E The house will always be personal property F Who cares? 04/10/2016 3 12. In order to sue for negligence on the basis of an incorrect statement made by a Defendant, which of the following does not apply? A Although there has been a terrible error with significant possible consequences, you must establish that some loss has occurred B A duty of care exists even if the Defendant has no special skill but where the Plaintiff might still reasonably have relied on the accuracy of the statement C The claim may be available in contract as well as in tort D The Plaintiff now need only establish truth, not public interest, for the claim to succeed E A and B above F I never could understand this! 13.Consideration? A Need not have value B Must have legal value C Could be past D Need not be adequate or sufficient E Must be adequate and sufficient F Ask someone else! 14.David has promised to marry his true love, Amber, but then meets Erin and changes his mind. He gave Amber a diamond ring in consideration for her agreement to marry him. What is Davids legal position? A He is contractually bound to marry Amber and should proceed B He is entitled to his engagement ring back because it was a gift which was conditional upon the marriage which is now not going to happen C The engagement ring is sufficient consideration for the marriage agreement D He does not have to marry her but is probably not entitled to the ring back E Erin may sue for the ring as a third party under the principles of Donoghue v Stevenson F Okay, Im a dummy! 15. "Passing Off"? A Is a tort, giving rise to an action at common law B Is the main action relevant to any breach of intellectual property C Means the attempt a defendant makes to defer the blame on a third party D Is associated with sexual harassment E Requires no pre-existing goodwill or reputation in the market place F Leave me alone! 16. Tom owes Alan $10,000 but is having difficulty paying him. Jerry, a good friend of Toms, says to Alan "Will you accept $5,000 from me and release Tom from the debt?" Alan says "yes" but now claims that there was no consideration for the agreement with Jerry because he was already owed twice that amount. The likely legal position is? A Alan is correct - there was a pre-existing duty for a higher amount B Alan is correct - there was no express consideration that Jerrys payment would discharge Toms debt C Alan is wrong - the doctrine of promissory estoppel would prevent him from suing Tom D Alan is wrong - there was consideration that, in exchange for Jerrys payment of $5,000, Tom would be released E A and B above F Can I go to the bathroom? 17.Marco Auto Pty Ltd made many untrue statements in the course of inducing Rockford to purchase a used auto for $3,500. The car in question turned out to have some serious faults. Which of the following untrue statements made by Marco should Rockford use in seeking recovery from Marco for breach of contract? A I refused a $3800 offer for this very same auto from another buyer B This auto is one of the best autos we have for sale C This car has a replaced engine D At this price the auto is a real steal E This car is a an absolutely guaranteed wonder F Failed again! 04/10/2016 4 18. Abacus Corporation sent Frame Company an offer by letter to buy its patent on a calculator. The Abacus letter indicated that the offer would expire in ten (10) days. The letter was sent on February 1 and received on February 2 by Frame. On February 8, Abacus telephoned Frame and indicated they were withdrawing the offer. Frame posted an acceptance on the 11th of February. Which of the following is correct? A No contract arose since Abacus effectively revoked the offer on Feb 8th B Abacus' withdrawal of the offer was ineffective as it was not in writing C Since Frame used the same means of communication, acceptance was effective when posted D The offer was an irrevocable offer E Abacus should not have used the telephone to try and withdraw the offer F Next question please! 19. Guy is appearing on "Who Doesnt Want to Win Millions", a television quiz show. If he succeeds in becoming a contestant, he will have 3 lifelines, one of which is to phone a friend for help with the answer. Guy has pre-arranged to phone his friend, Hans, if this situation arises. Guy says to Hans "if you help me, Ill give you half". All this happens and, as a result, Hans answer helps lift Guy from a prize of $64,000 to $125,000. Guy accepts the $125,000. He now says that he does not owe Hans any money. The likely strict legal position is? A Guy is correct - the promise he made was a friendly discussion only and there was no intention to create legal relations B Hans is entitled to $62,500 being one-half of the $125,000 C Hans is entitled to $30,500, being one-half of the difference between $64,000 and $125,000 D Guy is correct - there was a promise to do something but the law will not imply what that something is if there is more than one possibility E Guy is correct - participating in an agreement with regard to a private gambling situation is void at law F Help! 20.Don Borton enters into a contract with Paul Hardluck to buy Hardluck's unique Ming Dynasty Vase which is in the process of being carried by a truck company from Brisbane to Sydney by Clumsy Interstate Freight Pty Ltd. Unknown to the parties, just before they sign the contract in Sydney, the vase has been smashed into a thousand pieces after the truck carrying the vase hit a telegraph pole. How would you advise Don Borton as to his best legal position? A Sue Paul Hardluck for damages B Sue Paul Hardluck for breach of Schedule 2 Competition and Consumer Act C The contract has been frustrated and may be terminated D Advise him not to pay as the contract is void for mistake E Advise him to claim a breach of condition and rescind the contract F Whats on TV? 21. In the case Codelfa Constructions v State Rail Authority of NSW (1982) it was successfully argued that? A It was reasonable to imply a term in the contract that there would be an extension of time B A fundamental breach of contract had occurred C The Parol Evidence Rule prevented any external information being allowed into evidence D A and B above E None of the above F Im clueless! 22 Ricotta Copiers contract to sell you a photocopier and provide delivery within 2 weeks. After 4 weeks it has not arrived and, as a result, you are unable to service a job. Your client takes the job elsewhere and you have lost a sale worth $6,000 (including a profit of $4,000 after printing costs). You were going to take the job to another business but that business was going to charge you $3,000 which you were not prepared to pay. If you were to succeed in suing Ricotta for breach of contract, your damages would likely be assessed at? A $2,000 B $6,000 C $3,000 D $4,000 E $1,000 F Not again! 23. When considering the terms of a contract, a court may be mainly concerned with? A Whether a party could rescind because of a breach of an essential warranty B Establishing which may be essential C The nature of the term to establish whether it was implied or not D Whether a term could qualify as a representation or was a mere puff E Whether they should be treated as express or implied F More time please? 04/10/2016 5 24. Paul has been dealing with Kurt, Angle and Company in relation to the purchasing of wrestling merchandise. He is concerned about non-payment of outstanding accounts and is contemplating commencing an action. His concern is? A Should he search the Australian Securities and Investments Commission for information concerning the company including its ABN and registered office B Should he consider the possibility of suing the companys directors for trading while the company was insolvent C Should he ascertain who may be the proprietor/s against whom he can bring an action D Should he investigate his rights under the Competition and Consumer Act with regard to misleading or deceptive conduct E A and D above F Hmmm! 25. The main difference between a Partnership and Joint Venture is? A One involves shared resources, the other involves shared liabilities B One involves shared profit, the other involves shared product C One involves shared personnel, the other involves shared equipment D One involves a written agreement, the other generally involves no written agreement E One involves non-corporate structure, the other involves corporate structure F Good question! 26. "The Wriggles" is a group of four members of a musical group who have found a niche performing in the childrens entertainment market. Is The Wriggles likely to be recognised at law as? A A consortium of independent entertainers B A Joint Venture C A Partnership D A Trust E A corporate body F Can I go home now? 27. An Act of Bankruptcy? A Is a bankruptcy order B Is a necessary foundation for a sequestration order C Remains valid for 12 months D Must be founded by a Bankruptcy Notice E Affects both individuals and bodies corporate F Thank God its over