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Preguntas del test (69)
1The key principle of liberalism that is associated with maximising the general welfare of society is:
- ARationality
- BUtilitarianism
- CEquality
- DJustice
2The fact that contracts can be entered into by individuals or corporations knowing that there are avenues of compensation available (should a party to the contract breach the terms of the agreement) can be attributed to the following function of law:
- AHarmonising difference
- BProviding a framework for resolving conflicts
- CProvides certainty and stability
- DFacilitating the expression of common values
3International law deals with:
- ARelations between countries
- BIssues relating to human rights
- CInternational conventions and covenants intended to shape how each nation’s government deals with political, legal, and social issues
- DAll of the above
4Common law is not used in:
- AAustralia and New Zealand
- BThe United States of America
- CEngland
- DFrance
5In civil proceedings, the threshold of proof is:
- ABeyond all doubt
- BBeyond a reasonable doubt
- CThe balance of probabilities
- DNone of the above
6The OJ Simpson case was a famous example of:
- AA successful criminal trial
- BA successful civil trail
- CA unsuccessful criminal trial, followed by a successful civil trial
- DAn unsuccessful civil trial, followed by a successful criminal trial
7Which of the following stages of the introduction of a Bill into legislation is a mere formality?
- AThe second reading
- BThe committee stage
- CThe third reading
- DThe adoption of the report to the committee
8Which of the following is not true of judges in Australia?
- AThey are drawn mainly from barristers of high professional standing
- BThey are paid high salaries to attract high-calibre people and to prevent bribery
- CThey are mostly white male conservatives with private-school education
- DThey are given few opportunities for ongoing professional development, as it is believed that their professional and practical competence is assured
9Which of the following is true of solicitors?
- AThey deal directly with clients
- BThey present the case in court
- CThey can become 'Queen's Counsel' or 'Senior Counsel'
- DThey practice on their own but may share chambers with others
10It has been argued that customary Aboriginal law should be included in Australia’s legal processes via:
- AAboriginal Courts
- BCommunity patrols
- CFamily healing programs
- DAll of the above
11Australia’s ‘border protection’ has been a hot political topic with the management of asylum seekers and refugees generating considerable controversy. Australia has a policy of mandatory detention of anyone entering the country without a valid visa. This policy:
- AContravenes international humanitarian laws and conventions
- BIs one of many similar such policies around the world
- CBoth a and b
- DNeither a nor b
12Police task orientations include:
- ALaw enforcement and crime prevention
- BOrder maintenance and conflict resolution
- CProvision of social services and traffic management
- DAll of the above
13One study done in South Australia showed that time devoted to crime management accounted for approximately __________ of total police time.
- ATwo-thirds (67%)
- BHalf (50%)
- COne-third (33%)
- DOne-tenth (10%)
14Recent estimates in Australia suggest that the number of people employed in private policing (e.g., as security guards) relative to public policing (i.e., police officers) is:
- AHigher
- BAbout the same
- CLower
- DIt is not known
15In Australia, female police employees account for 32% of the total and are:
- AUnder-represented in senior management positions
- BOver-represented in civillian roles that support operational policing
- CBoth a and b
- DNeither a nor b
16One factor found to impact on both recruitment and retention of women in policing is pre-entry physical tests. These tests are problematic because they:
- AAre unable to predict on-the-job performance
- BDo not reflect the changing nature of police work
- CContribute to lower rates of recruitment and retention of women
- DAll of the above
17Women tend to resign from policing at a higher rate than do men – possibly due to family reasons. But research has indicated that policing organisations:
- ADeny this
- BAttribute resignation of female officers to the idea that essentially policing is a man’s job
- CHave been resistant to providing part-time employment opportunities
- DAll of the above
18Which of the following is not a characteristic associated with traditional policing?
- AA parliamentary approach
- BA reactive dimension
- CA focus on crime statistics
- DInteragency collaboration
19Which of the following is not associated with community policing?
- AA problem-orientated approach
- BThe threat of force (e.g. visible weapons)
- CA visible presence at community events
- DIntelligence gathering
20Approaches to counter-terrorism policing require careful thought because increased police powers in this regard:
- ACan help to foster community trust
- BCan exacerbate the conditions that give rise to terrorism
- CCan help to unite the good people in the community, while identifying people who pose a threat
- DCan eradicate the conditions that give rise to terrorism
21Intelligence-led policing can be seen as:
- AA fusion of traditional and community policing approaches
- BAn approach that uses criminal intelligences analysis
- CAn approach that focusses on crime hot spots
- DAll of the above
22Innovations in policing can be seen as proactive ‘bottom up’ approaches or reactive ‘top-down’ approaches. The best example of a top-down approach from the list below is:
- AIntelligence-led policing
- BThird-party policing
- CProblem-orientated policing
- DCommunity policing
23Something that does not seem to be an issue for public or private policing is:
- AThe relationship and interaction between police officers and security officers
- BPerformance assessment and accountability
- CThe perception in the community of a need for these roles
- DThe adequacy of training and career structures
24The term ‘differential policing’ most accurately refers to a style of policing:
- AThat makes decisions based on sexual, racial and class dimensions
- BPractice whereby certain groups are subject to more policing than others
- CPractice whereby crime against members of certain groups are ignored
- DNone of the above
25Over-policing of Aboriginal Australians is evidenced by:
- AThe triviality of offences for which they are charged
- BTheir over-representation at all stages of the criminal justice process
- CThe laying of charges by police for which there exists a great deal of police discretions (e.g. public order offences)
- DAll of the above
26Offensive language and offensive behaviour charges are disproportionately high for:
- AAboriginal people in communities with a high proportion of Indigenous people
- BAboriginal people in communities with a low proportion of Indigenous people
- CAboriginal people in communities regardless of whether there is a high or low proportion of Indigenous people in the community
- DOlder aboriginal people in particular
27Which of the following is not an issue associated with policing and young people?
- ANegative interaction between young people of ethnic minority and police breeds mistrust and disrespect
- BPrejudicial stereotyping by police can lead to differential policing for the whole group of young people of an ethnic minority
- CThe perception by young people of an ethnic minority of unfair treatment by police can lead to law-breaking behaviour as young people react
- DNone of the above—these are all associated issues
28Under-policing has not been associated with reported crimes of:
- ADomestic violence
- BHomophobic violence
- CRacist violence
- DPublic drunkenness
29Which of the following is not a theme (Fitzgerald 1989) of police culture?
- AIndividual police attributes and beliefs
- BOpportunities for police misconduct
- CShielding police misconduct
- DOrganisational features
30The concept of police culture has been critiqued. It has been argued that alternative theoretical frameworks are needed to understand it. Which of the following should not be included in such an understanding?
- ARecognition of the existence of multiple cultures within policing
- BAcceptance that police culture is static by its very nature
- CRecognition that there is an interpretive and creative component to police culture
- DAcknowledgement of the situation of police culture within the political context of policing
31In relation to accountability, to assess the nature of policing, it is necessary to examine:
- APolice forces or services and their cultures
- BPolitical parties agendas
- CCommunity crime statistics and the local nature of policing
- DThe structure of society including social divisions and where policing fits in
32Although there are a number of facets to accountability practices, they have generally been found lacking. It has been suggested that accountability should involve:
- AIndenpendent oversight
- BPolice oversight
- CIndependent oversight linked with a particular approach to policing (e.g. community policing)
- DPolice oversight and a strict and conservative approach to accountability
33An issue of accountability of private police (e.g., security) is its link with:
- ALocal crime rates
- BThe employer and commercial criteria
- CLoss, risk and public disorder
- DThe employer and the public
34The vulnerable group in the community who are most likely to face increased arrest, in part due to lack of police understanding and awareness, may be:
- AYoung people with disabilities
- BYoung people with mental illness
- CYoung people who are homeless
- DYoung people who are homeless and have a mental illness
35Which of the following is not one of three inter-related areas for protest control?
- ACoercive strategies
- BAcceptance strategies
- CPersuasion strategies
- DInformation strategies
36The major common-law country that does not possess a Bill of Rights, Charter of Human Rights and Responsibilities, or other form of legislative mechanism that systematically enshrines the protection of civil right and liberties, is:
- AAustralia
- BNew Zealand
- CUnited Kingdom
- DUnited States of America
37Publicity is one element of due process in Australia. Court proceedings are seen as public matters and justice should not be seen to have been arrived at behind closed doors. An exception to this is when testimony may be heard behind closed doors and not published when:
- AThe public disrupts proceedings
- BWitnesses are afraid or embarrassed (e.g., in cases of sexual abuse, child abuse, or intimidation) or the witnesses are aged 17 years or younger
- CEvidence is of a secret or security nature (e.g., given by ASIO personnel or undercover police officers)
- DAll of the above
38The rule of law is premised upon the notion that ‘all individuals are treated alike in the eyes of the law’. Given that, judges must put aside their personal beliefs or prejudices to take on a strictly legal role. In doing so, what are they exercising?
- AStandard of proof
- BImpartiality
- CTrial by jury
- DAvenues for appeal
39Specialist courts such as coroner’s courts, children’s courts, and problem-solving courts (e.g., Indigenous, drug, mental health, and family violence) are at the level of:
- AState and territory inferior courts
- BState and territory intermediate courts
- CState and territory superior courts
- DFederal Courtd
40The type of court responsible for registering orders of the court in relation to speeding or parking fines is:
- ASmall claims tribunal
- BCrimes compensation tribunal
- CElectronic courts
- DNone of the above
41In most Australian states and territories, indictable offences such as assault, robbery, rape, and culpable driving are dealt with by:
- AInferior courts
- BIntermediate courts
- CSuperior courts
- DAny of the above
42The state or territory court system in most Australian jurisdictions has three tiers. At the federal level, the court system has:
- AOnly one tier
- BTwo tiers
- CThree tiers
- DFour tiers
43The doctrine of precedent means that in arriving at decisions in interpretational situations:
- AJudges are bound by earlier decisions made by other similar courts
- BJudges are bound by earlier decisions made by higher courts
- CJudges must refer to parliamentary aids
- DJudges may refer to the official record of parliamentary debates about the Acts introduced
44Precedent applies:
- ATo future judges, rather than to courts themselves
- BNot to future judges, but to courts themselves
- CTo future judges and to courts themselves
- DNeither to future judges nor to courts themselves
45In practice, due process is not always honoured. An example of failed due process would be:
- ANot being granted the right to remain silent
- BNot being granted the presumption of innocence
- CBoth a and b
- DNeither a nor b
46When it comes to judges and impartiality, aside from the political aspect of judicial appointments, a question has arisen regarding the over-representation of judges who are:
- AMale
- BOf a non-Aboriginal or minority background (i.e., they are of an Anglo-Saxon background)
- CWealthy
- DAll of the above
47Various kinds of counter-terrorism legislation can be seen as challenges to:
- AImpartiality
- BPrecedent
- CDue Process
- DNone of the above
48One area of contention and debate when it comes to judicial decisions and sentencing is the use of:
- AEstablished rules and procedures in judicial decision-making
- BOrganisational procedures and techniques
- CDiscretionary aspects of judicial decision-making
- DA case-by-case approach, as is consistent with principles of social justice
49The reality of the court process is that it is associated with fierce verbal battles that characterise adversarial proceedings in televised accounts:
- AVery often
- BQuite commonly
- CSometimes
- DRarely
50The production of guilt is evident in the court system. Of all defendants adjudicated and proven guilty, the vast majority:
- APleaded not guilty
- BPleaded guilty
- CWere found guilty by a magistrate
- DWere found guilty by a jury
51Plea and sentence bargaining differs in Australia from the US in that:
- AUS judges are involved in plea bargaining, while Australian judges are involved in sentence bargaining
- BUS judges are involved in sentence bargaining, while Australian judged are involved in plea bargaining
- CUS judges are involved in plea and sentence bargaining, while Australian judges are only involved in plea bargaining
- DUS judges are involved in both plea and sentence bargaining, while Australian judges are discouraged from overt involvement in both
52 Critical questions arise about ‘due process’ in relation to plea bargaining. Issues raised do not tend to include:
- AA tendency to ‘over charge’ alleged offenders
- BInducement to admit to offences
- CUndermining the right to a trial
- DFaster processing through the criminal justice system to finalisation of charges
53Jurors differ now from those of the twelfth century in that:
- AThey no longer need to be property owners
- BThey no longer need to reside in the court jurisdiction
- CThey are now intended to represent the ‘peers’ of the accused person
- DAll of the above
54Which of the following statements is not true of research and commentary on jurors?
- AJurors tend to expect forensic evidence
- BJurors do not tend to understand judges’ instructions on the law
- CSome critics have called for professionalisation of the role of the jury
- DCriminal cases finalised by jury trial account for less than 2% of cases
55Which of the following is not an aim of sentencing?
- ADenunciation and public reprobation, retribution and ‘just desserts’
- BIncapacitation and community protection, rehabilitation and reform
- CIndividual and general deterrence, reparation and restitution
- DEach of the above is an aim of sentencing
56The sentencing principle that recognises dignity and worth of offenders and precludes imposition of a more severe sentence than required to achieve its objective is:
- AProportionality
- BParsimony
- CTotality
- DConsistency
57The justice paradigm that views the primary aim of sentencing as the restoration of liberty (dominion) to the victim, the offender, and the community is:
- AJust deserts
- BRepublican
- CTherapeutic
- DNone of the above
58‘Truth in sentencing’ refers to the idea that:
- AThe sentence given by the judge should be served in full and things like parole should be abolished
- BMandatory sentences should be imposed for particular crimes
- CIndefinite sentences should be imposed when the offender poses an ongoing risk to the community
- DPeople who commit the same type of crime should be given the same type of sentence
59Recent sentencing reforms have tended to restrain judicial discretion. One exception to this is the implementation of:
- AGuideline judgements
- BSentencing advisory council
- CProblem-orientated courts
- DSentencing grids
60Liberal and Marxist critics of law agree that the law is not equally accessible by all. A Marxist critique of access to justice suggests that the law operates to maintain a form of:
- ADue process
- BProcedural justice
- CSubstantive justice
- DDistributive justice
61The lack of prosecution of employers for negligent behaviour culminating in death of employees can be seen as an example of:
- AA lack of equality before the law
- BThe protection of the interests of the capitalist class
- CFavouring those with the financial means to defend themselves
- DAll of the above
62Feminist critiques of access to justice suggest that laws have:
- APerpetuated the dependency of women
- BReflected changing social roles
- CAcknowledged the ‘equality but difference’ of women and men
- DBeen more progressive that what many people imagine
63The defence of ‘provocation’ in murder cases has been found to be gender-biased on the basis that:
- ANo defence cases in which women used it were successful
- BOne-third of defence cases in which men used the defence were successful
- CWhen successful, this defence allowed men to get away with using violence with relative legal impunity
- DAll of the above
64The ‘reasonable man’ test in law reflects unequally in terms of actual experiences depending on one’s:
- ASex
- BClass
- CEthnicity
- DAll of the above
65A barrier to legal representation by counsel is cost. Access to legal aid:
- AIs a solution to this for most people who need it
- BIs a solution for as few as 25% of households
- CIs not guaranteed by a means test, as a merits test of the case is also required
- DShould not be provided to accused parties
66Which of the following is not considered a barrier to legal access, based on personal autonomy?
- ALack of interpreter availability
- BBeing employed between the hours of 9am to 5pm, Monday to Friday
- CIgnorance of the law (e.g., due to immigration from a country with cultural differences around the law)
- DGeographical isolation
67Which of the following is not explicitly stated as a key objective of the Access to Justice Advisory Committee?
- AEquality of information about legal services
- BEquality of access to legal services
- CNational equity
- DEquality before the law
68The informal or alternative dispute-resolution mechanism with which a person would discuss with their neighbour the noise from that neighbour’s party the previous night is:
- AA self-help strategy
- BOut-of-court settlement
- CDispute settlement
- DFamily mediation
69The informal or alternative dispute-resolution mechanism in which a problem-solving approach is taken is:
- ACommonwealth and State Ombudsman
- BQuasi-judicial bodies
- COut-of-court settlements
- DIndustry Ombudsman
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- Descripción
- Test sobre Sin título, creado por Cherise King el 15/06/2016.
- Autor
- Cherise King
- Idioma
- English
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