[Frigid]

my sister did the legal studies exam this afternoon.

in my view, the MCQ answers are as follows:

1. D - Tort law is a type of private law.

2. D - This one was tricky. I prefer D (a just law represents the application of natural justice). Natural justice represents two rules: hearing rule and rule against bias. Hearing rule includes concepts of access and equality. Rule against bias is largely synonymous with fairness.

3. C - A nation's law-making power is an example of state sovereignty.

4. C - Property law allows a gym to exclude independent personal trainers and their clients. Remember, property law concerns rights of ownership and possession over property, including real property (land). The premises of a gym is real property. There is nothing in the question to show a contract between the gym and trainers (hence the word 'independent').

5. D - Self-determination is an example of a collective right.

6. B - The right to silence is an example of a legal right.

7. A - Common law is based on precedent.

8. B - The rule of law has predictability as its outcome. The rule of law encompasses two concepts: the rule of regular law or rules as opposed to arbitrary power; and equal accountability of all entities before the law, including government officials. This leads to predictable, as opposed to arbitrary, outcomes.

9. A - Legal representation is not guaranteed for everyone. Dietrich established a rule that, where an accused does not have legal representation in a trial for a serious crime and as a result the accused is deprived of a fair trial, the court may stay the proceedings. However, this applies only to trials for serious crimes. Certainly for civil proceedings, representation is not guaranteed.

10. D - The fact that two people earning different incomes are fined the same amount for fare evasion is an example of equality before the law.

11. D - I prefer D (Constitutional law). The first way of coming to this conclusion is by regard to s 5 of the NSW Constitution. That section provides that the NSW Parliament has the plenary power to make laws ("power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever"). This would include the power to make laws to compensate victims of crime.

The second way is by elimination. The passing of a statute to compensate victims of crime is not an example of common law. Nor is it an example of natural fairness or the rule of law.

12. D - Paper submissions are relied on more than oral argument in civil law systems.

13. B - If an Australian citizen is denied entry into America (strictly this should refer to a specific nation-state, tsktsk), that is an application of that nation-state's domestic immigration laws.

14. A - I think the best method to enforce Brian's rights is through the Australian Human Rights Commission (the new name of the Human Rights and Equal Opportunity Commission since August 2009). See this page on the Commission's power to deal with complaints through conciliation.

15. C - Dispute resolution is a feature of customary law.