Legal Term 1

Description

Quiz on Legal Term 1 , created by tamaradunstan on 22/03/2015.
tamaradunstan
Quiz by tamaradunstan, updated more than 1 year ago
tamaradunstan
Created by tamaradunstan about 9 years ago
36
3

Resource summary

Question 1

Question
When was Australia Federated and the Constitution applied?
Answer
  • January 26th 1901
  • January 1st 1901
  • January 10th 1901

Question 2

Question
What are the requirements for the Constitution to be amended?
Answer
  • 6/6 states must have over 50% of voters in favour of the change.
  • Over 50% of Australian voters must be in favour of the change
  • A national vote named a "Referendum" must take place
  • Over 50% of the both houses in the federal parliament must vote in favour of the change.

Question 3

Question
Terra Nullius refers to the Latin phrase "land belonging to no one"
Answer
  • True
  • False

Question 4

Question
When was the upper house (legislative council) abolished?
Answer
  • March 23rd 1922
  • January 26th 1901
  • January 1st 1901
  • June 9th 1922

Question 5

Question
What is the role of a judge's associate?
Answer
  • In criminal trials, they must supervise the accused form the holding cells, and to and during court procedures.
  • Ensure the courtroom runs smoothly
  • Administering oaths and attending to the jury
  • Assist the judge in research
  • Responsible for taking a record of everything that is said during court proceedings.

Question 6

Question
What is ratio decendi?
Answer
  • "incidental things said" or "by the law"
  • "the reason/s for a court decision"

Question 7

Question
What are the characteristics of a civil case?
Answer
  • The defendant is deemed liable or not liable
  • The judge decides the outcome
  • The Crown files the case
  • The defendant is considered guilty or not guilty
  • "beyond a reasonable doubt"
  • The two private parties file the case
  • "balance of probabilties"

Question 8

Question
The 3 rules for interpreting legislation are....
Answer
  • Literal, Golden and Mischief rule
  • Judicial, Legislative, Executive rules
  • The ratio decideni and the obiter dicta

Question 9

Question
Influences on our Laws include...
Answer
  • Judicial influences
  • Cultural influences
  • Moral influences
  • Tony Abbott 8)
  • Political Influences
  • Terra Nullius
  • Educational Influences
  • Economic Influences
  • Social Influences
  • Transportation circumstances and regulations

Question 10

Question
How many senators are there in the senate?
Answer
  • 50
  • 78
  • 60
  • 22
  • 76
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