Question 1

1 out of 1 points

The following extract is part of a summary of a case on appeal. Which of the following
correctly identifies this case as a civil or a criminal matter and best explains why?
Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11
HIGH COURT OF AUSTRALIA
FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND BELL JJ
Torts > Negligence > Essentials of action for negligence > Duty of care > Reasonable
foreseeability of damage > Dangerous things or substances
Duty of contractor supplying and maintaining equipment > extent of duty > to whom
duty owed

Question 2
1 out of 1 points

Not all precedents are binding on future courts. A precedent might be followed due to its
persuasive value.
Which of the following answers best explains what makes a precedent persuasive?

Question 3
1 out of 1 points

Where the meaning of a provision in an Act is ambiguous or obscure, what materials are
the courts able to look at to assist them to interpret the meaning of an Act or a part of an
Act?
Why are these materials useful in explaining how an Act should be applied to a

particular set of facts?

Which is the best answer?

Question 4
1 out of 1 points

When answering a legal problem you must support any statement of legal principle with
a legal authority, that is, either a case or a provision of an Act. Assume you are using the
following case as an authority to support your argument: ACCC v C G Berbatis
Holdings Pty Ltd (2003) 214 CLR 51.
Which answer correctly explains what the parts of the reference mean?

Question 5
1 out of 1 points

Randall works as a plumber in the eastern suburbs of Melbourne and he has paid a
$10,000 deposit to a car dealer for a new Nissan utility, which will cost $50,000 in total,
a very good price for that model car. He has been waiting for the car to be delivered by
the manufacturer for two months and recently the car dealership closed its business.
Worried that he has lost his money, Randall wants to take the dealer to court.
Which of the following answers best explains where Randall should take his case?

Question 6
1 out of 1 points

If a single judge of the Federal Court, at first instance, declared that a section of the
Competition and Consumer Act 2010 (Cth) had a certain meaning, would the Federal
Magistrates Court be bound by the Federal Courts decision?
Which is the best answer?


Question 7
0 out of 1 points

The law of contract in Australia is largely based on common law, that is, judge-made,
principles. This means that an understanding of contract law requires an understanding
of how common law principles are developed in Australia.
Which of the following descriptions best explains the development of the common law
in Australia?
- My answer was inherited from England, New Zealand using it

Question 8
0 out of 1 points

Which of the following provides the most complete definition of law in Australia?
Tikam

Question 9
1 out of 1 points

'Justice' can best be understood as:

Question 10
1 out of 1 points

When used in a legal context the term 'bicameral' refers to:

Question 11

1 out of 1 points

The Golden Rule is to be applied when:

Key word - absurd

Question 12
1 out of 1 points

Which if the following is not a key feature of law?

Question 13
1 out of 1 points

The role of the executive within the federal government is to:

Question 14
1 out of 1 points

In a common law legal system:

Question 15
1 out of 1 points

Private law is concerned with the relationships between persons within

the community. Which of the following types of law do not fall within
this category?

Question 16
1 out of 1 points

Which of the following is a difference between natural law theory and

legal positivism?

Question 17
0 out of 1 points

Which of the following statements is not true of the process of legal

reasoning?

Question 18
0 out of 1 points

The Australian Constitution can be amended:

I put referendum by majority of states. - you can try referendum by
Parliament

Question 19
1 out of 1 points

Tort law:

Question 20
1 out of 1 points

Under Australia's federal system of government:

i. There are two levels of government: the Federal government and the
various State governments.
ii. Power to govern is shared between the Federal and the State
governments.
iii. The two levels of government are not subordinate to each other,
but are 'partners'.