Question
Q1. Which statement below is INCORRECT? Select one: a. Courts apply what can be called a presumption against surplusage when interpreting a statute. b. The
Q1. Which statement below is INCORRECT? Select one:
a. Courts apply what can be called a presumption against surplusage when interpreting a statute.
b. The use of plain English drafting has meant that many words used in existing statutes are meaningless.
c. Every word used in a statute has a meaning because it is assumed that legislative drafters intend to communicate meaning as succinctly as possible.
d. Both (a) and (c).
Q.2 Which of the following steps would be UNLIKELY to assist when dealing with complex problems of interpretation of legislative provisions? Select one:
a. Refer initially to relevant extrinsic materials to discover the mischief or defect addressed.
b. Look at the table of contents and the headings to find the relevant provisions.
c. Identify the purpose of the legislation, or of a particular provision.
d. Check for a dictionary or interpretations section in the legislation to check whether words or phrases are defined within it.
Q3. Which of the following is an example of extrinsic material? Select one:
a. The Copyright Act 1968 (Cth).
b. A report of the Australian Law Reform Commission.
c. The Convention Relating to the Status of Refugees 1951.
d. Both (b) and (c)
Q4. Which of the following is an example of a secondary source of law? Select one:
a. Succession Act 2006 (NSW)
b. Banks v Goodfellow (1870) LR 5 QB 549
c. Rosalind F Croucher, 'Conflicting Narratives in Succession Law - A Review of Recent Cases' (2010) 14(2) Australian Property Law Journal 179
d. Probate and Administration Act 1898 (NSW)
Q5. Legislation (select one)
a. Is subordinate to common law
b. Takes precedence over common law
c. Cannot be interpreted by the courts
d. All of the above
Q6. Which of the following words is most likely to imply that there was an obligation to exercise a power by a particular person? (Select one)
a. Might
b. Could
c. Shall
d. May
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