3/06/2016

1. There are two main types of Natural Law. The

religious school is based on morals. Which
statement best explains the rationalist school?

Sample Questions

A Law should be based on justice

B Law should be based on conscience
C Law should be based on the will of the Divine
Being
D Law should be based on secular philosophies
E Law should be based on reason
F Dont know!

Copy right in these slides belongs to Mark Squire Solicitor, Sydney 2016

2. The American Declaration of Independence,

the Gettysburg Address and Martin Luther
Kings famous address at the Lincoln
Memorial in 1963 (I have a Dream.....) all
referred to the notion of all men being
created equal. The latter two were quoting
from the Declaration. Who inspired the
sentiment?
A
B
C
D
E
F

St Augustine
Jesus Christ
John Locke
John Austin
Roscoe Pound
No idea!

4. Section 51 of the Constitution of the Commonwealth of

Australia is important for the Federal Parliament
because it?
A

B
C
D
E
F

Gives the right to establish a Bill of

rights
Sets out the concurrent powers of the
Commonwealth Parliament
Enshrines the Freedom of the Press
Sets out the powers belonging
exclusively to the States
Sets out the power belonging
exclusively to the Commonwealth
Parliament
Doh!

In 1986, the Australia Act abolished appeals

from our State Courts to which of the
following bodies?

A
B
C
D
E
F

The Supreme Court

The Federal Court
The Privy Council
The District Court
The High Court
Would not have a clue!

Which of the following statements is false?

A
B
C
D

E
F

Local Court decisions are binding on the

District Court
That Acts are not intended to apply
retrospectively
The High Court can overrule its own previous
decisions
That natural justice applies to disciplinary
bodies
That, in most cases, a crime cannot be
committed by someone who is unaware of
the relevant facts
Feeling stupid?

3/06/2016

The Latin Phrase ratio decidendi is often

referred to in relation to the Doctrine of
Precedent. When it is said that the courts are
looking for the ratio decidendi, this means that
they are looking for?

A
B
C
D
E
F

The legal rule/s essential for the decision

The statements made by the previous Judge
The prospects of success
The statutes rather than the cases
Differences between the present and previous
cases
What was the question?

8 What is the meaning of Mens Rea?

A The mental element of a crime, often referred
to as the "guilty mind"
B You cant be prosecuted twice for the same
offence
C French criminal proceedings
D A phrase used to suggest that Australia had no
inhabitants in 1788
E A mans backside
F Not sure!

7. It is said that possession equals 9/10ths of the

law. If you find an object?
A It belongs to you most of the time
B Ownership follows possession
C The owner of the land on which the object was
found will be entitled to ownership
D The finder owns it if the owner cannot be found
E Only the true owner can own it
F Your guess is as good as mine!

9 The decision of Donoghue v Stephenson is

an example of how the doctrine of
precedent can work. Which statement is
false?

A
B

C
D
E

10.Fred Nurk was injured in the operation of his

neighbours dangerously set up welder. He
injured his eye. His claim in negligence will
be?

A
B
C
D

E
F

Limited to medical benefits

Reduced by the percentage share which he
contributed to his own injury
Paid in full regardless of his contributory
negligence
Depends on whether it is a direct
consequence
Dismissed because the welding should
have been done professionally
Can I phone a friend?

Not all the judges in the House of Lords

agreed on the verdict
The majority agreed the ginger beer
manufacturer could owe a duty of care
Lord Atkin was the only judge to describe
the "good neighbour principle"
The "good neighbour principle" was
extracted as the ratio decidendi
The appellant succeeded partially on the
basis of a collateral contract
Take your pick!

11.Lucky, the builder, decides to bring an old wooden

farmhouse, which he owns, to land owned by his
friend Richie. He manages to lift the house onto the
back of a truck and transport it in one piece to
Richie's block of land. There they place the house on
brick foundations which Richie has prepared. Which
of the following statements is most correct?
A
B
C
D
E
F

Lucky can move the house away to another site

tomorrow
Richie owns the house as a person of unlimited
strength cannot move it
The house becomes the property of Richie once it
is permanently fixed
The house forms part of the real property once it
is permanently fixed
The house will always be personal property
Who cares?

3/06/2016

13.Consideration?
12. In order to sue for negligence on the basis of an
incorrect statement made by a Defendant, which of the
following does not apply?
A

C
D

E
F

Although there has been a terrible error with significant

possible consequences, you must establish that some
loss has occurred
A duty of care exists even if the Defendant has no
special skill but where the Plaintiff might still
reasonably have relied on the accuracy of the
statement
The claim may be available in contract as well as in
tort
The Plaintiff now need only establish truth, not public
interest, for the claim to succeed
A and B above
I never could understand this!

A
B
C
D
E
F

Need not have value

Must have legal value
Could be past
Need not be adequate or sufficient
Must be adequate and sufficient
Ask someone else!

14.David has promised to marry his true love, Amber, but

then meets Erin and changes his mind. He gave Amber
a diamond ring in consideration for her agreement to
marry him. What is Davids legal position?

15. Passing Off?

A He is contractually bound to marry Amber and should

proceed
B He is entitled to his engagement ring back because it
was a gift which was conditional upon the marriage
which is now not going to happen
C The engagement ring is sufficient consideration for the
marriage agreement
D He does not have to marry her but is probably not
entitled to the ring back
E Erin may sue for the ring as a third party under the
principles of Donoghue v Stevenson
F Okay, Im a dummy!

16. Tom owes Alan $10,000 but is having difficulty paying him. Jerry,
a good friend of Toms, says to Alan Will you accept $5,000 from
me and release Tom from the debt? Alan says yes but now
claims that there was no consideration for the agreement with
Jerry because he was already owed twice that amount. The likely
legal position is?

17.Marco Auto Pty Ltd made many untrue statements in

the course of inducing Rockford to purchase a used
auto for $3,500. The car in question turned out to
have some serious faults.

A
B

C
D

E
F

Alan is correct there was a pre-existing duty for a higher amount

Alan is correct there was no express consideration that Jerrys
payment would discharge Toms debt
Alan is wrong the doctrine of promissory estoppel would prevent
him from suing Tom
Alan is wrong there was consideration that, in exchange for
Jerrys payment of $5,000, Tom would be released
A and B above
Can I go to the bathroom?

C
D
E
F

Is a tort, giving rise to an action at

common law
Is the main action relevant to any breach
of intellectual property
Means the attempt a defendant makes to
defer the blame on a third party
Is associated with sexual harassment
Requires no pre-existing goodwill or
reputation in the market place
Leave me alone!

Which of the following untrue statements made by

Marco should Rockford use in seeking recovery from
Marco for breach of contract?
A
B
C
D
E
F

I refused a $3800 offer for this very same auto

from another buyer
This auto is one of the best autos we have for sale
This car has a replaced engine
At this price the auto is a real steal
This car is a an absolutely guaranteed wonder
Failed again!

3/06/2016

18.

B
C

D
E
F

Abacus Corporation sent Frame Company an offer by letter

to buy its patent on a calculator. The Abacus letter
indicated that the offer would expire in ten (10) days.
The letter was sent on February 1 and received on
February 2 by Frame.
On February 8, Abacus telephoned Frame and indicated they
were withdrawing the offer. Frame posted an acceptance
on the 11th of February.
Which of the following is correct?
No contract arose since Abacus effectively revoked the offer
on Feb 8th
Abacus' withdrawal of the offer was ineffective as it was not
in writing
Since Frame used the same means of communication,
acceptance was effective when posted
The offer was an irrevocable offer
Abacus should not have used the telephone to try and
withdraw the offer
Next question please!

19.

All this happens and, as a result, Hans answer helps lift Guy from a prize
of $64,000 to $125,000. Guy accepts the $125,000. He now says that he
does not owe Hans any money. The likely strict legal position is?
A
B
C
D
E
F

20. Don Borton enters into a contract with Paul Hardluck to buy
Hardluck's unique Ming Dynasty Vase which is in the process of
being carried by a truck company from Brisbane to Sydney by
Clumsy Interstate Freight Pty Ltd.
Unknown to the parties, just before they sign the contract in Sydney,
the vase has been smashed into a thousand pieces after the truck
carrying the vase hit a telegraph pole.
How would you advise Don Borton as to his best legal position?
A
B

Sue Paul Hardluck for damages

Sue Paul Hardluck for breach of Schedule 2 Competition and Consumer
Act
C The contract has been frustrated and may be terminated
D Adv ise him not to pay as the contract is void for mistake
E Adv ise him to claim a breach of condition and rescind the contract
F Whats on TV?

22 Ricotta Copiers contract to sell you a photocopier and

provide delivery within 2 weeks. After 4 weeks it has
not arrived and, as a result, you are unable to service
a job. Your client takes the job elsewhere and you
have lost a sale worth $6,000 (including a profit of
$4,000 after printing costs). You were going to take the
job to another business but that business was going to
charge you $3,000 which you were not prepared to
pay. If you were to succeed in suing Ricotta for breach
of contract, your damages would likely be assessed
at?
A $2,000
B $6,000
C $3,000
D $4,000
E $1,000
F Not again!

Guy is appearing on Who Doesnt Want to Win Millions, a television

quiz show. If he succeeds in becoming a contestant, he will have 3
lif elines, one of which is to phone a friend for help with the answer. Guy
has pre-arranged to phone his friend, Hans, if this situation arises. Guy
say s to Hans if you help me, Ill give you half.

Guy is correct the promise he made was a friendly discussion only and
there was no intention to create legal relations
Hans is entitled to $62,500 being one-half of the $125,000
Hans is entitled to $30,500, being one-half of the difference between
$64,000 and $125,000
Guy is correct there was a promise to do something but the law will not
imply what that something is if there is more than one possibility
Guy is correct participating in an agreement with regard to a private
gambling situation is void at law
Help!

21. In the case Codelfa Constructions v State Rail

Authority of NSW (1982) it was successfully argued
that?
A
B
C

D
E
F

It was reasonable to imply a term in the contract

that there would be an extension of time
A fundamental breach of contract had occurred
The Parol Evidence Rule prevented any external
information being allowed into evidence
A and B above
None of the above
Im clueless!

23. When considering the terms of a contract, a

court may be mainly concerned with?
A
Whether a party could rescind because of
a breach of an essential warranty
B
Establishing which may be essential
C
The nature of the term to establish
whether it was implied or not
D
Whether a term could qualify as a
representation or was a mere puff
E
Whether they should be treated as
express or implied
F
More time please?

3/06/2016

24.

B
C

D
E
F

26.

A
B
C
D
E
F

Paul has been dealing with Kurt, Angle and

Company in relation to the purchasing of
wrestling merchandise. He is concerned about
non-payment of outstanding accounts and is
contemplating commencing an action. His
concern is?
Should he search the Australian Securities and
Investments Commission for information
concerning the company including its ABN and
registered office
Should he consider the possibility of suing the
companys directors for trading while the company
was insolvent
Should he ascertain who may be the proprietor/s
against whom he can bring an action
Should he investigate his rights under the
Competition and Consumer Act with regard to
misleading or deceptive conduct
A and D above
Hmmm!

The Wriggles is a group of four members of

a musical group who have found a niche
performing in the childrens entertainment
market. Is The Wriggles likely to be
recognised at law as?
A consortium of independent
entertainers
A Joint Venture
A Partnership
A Trust
A corporate body
Can I go home now?

25.
A

B
C
D
E
F

The main difference between a Partnership and

Joint V enture is?
One involves shared resources, the other
involves shared liabilities
One involves shared profit, the other involves
shared product
One involves shared personnel, the other involves
shared equipment
One involves a written agreement, the other
generally involves no written
agreement
One involves non-corporate structure, the other
involves corporate structure
Good question!

27.

An Act of Bankruptcy?

A
B

Is a bankruptcy order
Is a necessary foundation for a
sequestration order
Remains valid for 12 months
Must be founded by a Bankruptcy
Notice
Affects both individuals and bodies
corporate
Thank God its over!

C
D
E
F