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Which of the following will not be used by a court to assist in the interpretation of Queensland legislation? a. The Acts Interpretation Act 1901

  1. Which of the following will not be used by a court to assist in the interpretation of Queensland legislation?

    a.

    The Acts Interpretation Act 1901 (Cth).

    b.

    Common law rules of statutory interpretation.

    c.

    Previous cases or precedent.

    d.

    Objects clauses and definitions sections in the legislation.

    The Australian Constitution gives the Federal Parliament exclusive power to make laws with respect to:

    a.

    Business.

    b.

    Health.

    c.

    Defence.

    d.

    Education.

    QUESTION 4

  2. Equity law:

    a.

    Is based upon the concept of fairness.

    b.

    Complements the common law system.

    c.

    All of the above.

    d.

    Provides a wider range of remedies than the common law

  3. A crime that the community has designated as less serious is called:

    a.

    A summary offence.

    b.

    An indictable offence.

    c.

    A serious offence.

    d.

    A committal offence

  4. In the event that common law and statute law conflict with one another:

    a.

    Statute law will prevail.

    b.

    Either could prevail depending on the circumstances of the case.

    c.

    Statute law prevails but only if the judge allows it to.

    d.

    Common law will prevail

  5. The supreme law-making power in Australia is exercised by:

    a.

    The Parliament.

    b.

    The Government.

    c.

    The Ministers in the Cabinet.

    d.

    The High Court.

  6. What was the reason for the courts decision in the case of OSullivan v Noarlunga Meat Ltd (No1) [1954] HCA 2

  7. a.

    There was an inconsistency between the state law and the Commonwealth law.

    b.

    The company was not registered.

    c.

    The state law did not apply under s 51.

    d.

    The company was only registered in South Austrlia

  8. Which of the following statements about common law are true, except?

    a.

    Common law rights are valid against the whole world.

    b.

    Common law remedies are discretionary.

    c.

    Common law rights are enforceable at any time.

    d.

    Common law is a comprehensive system

  9. If a bill is twice rejected by the Senate while being passed by the House of Representatives on both occasions, which of the following may occur?

    a.

    A double dissolution of both houses.

    b.

    An appeal to the High Court.

    c.

    The Prime Minister decides whether the bill is passed.

    d.

    A referendum.

  10. 1 points

    QUESTION 11

  11. According to the golden rule of statutory interpretation, ordinary words must be given their ordinary meaning unless absurdity would result.

    True

    False

  12. 1 points

    QUESTION 12

  13. The High Court interprets legislation created by Parliament.

    True

    False

  14. 1 points

    QUESTION 13

  15. The Jury decides questions of law while the Judge decides all questions of fact.

    True

    False

  16. 1 points

    QUESTION 14

  17. An Act of parliament does not become law until it has received Royal Assent.

    True

    False

  18. 1 points

    QUESTION 15

  19. Separation of powers is a reference to the division of powers between the Commonwealth and the states.

    True

    False

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