Section 1 - Law & Society (6 Viewers)

[ajdlinux]

I dont think that 4 is C. Property law is related to "real property" and doesnt have anything to do with the actions done on the property. So i think its contract, because it can be placed in people's contracts not to be trained by the independent trainers.

Well, you don't enter into a contract by entering someone's premises. And it doesn't say that the gym prohibits its clients from procuring the services of a trainer.

For question 6, can someone plz tell me how the right to remain silent is legaly protected?

Common law, and I suspect the Evidence Act as well, but I'm more familiar with the rights to refuse a police interview than in court where judges can direct people to answer some questions.

 

[Caseyjenna]

how does everyone remember what they put?

 

[Yuan99]

I said the right to silence was A a civil right ...... sigh multichoice was quite tricky as usual, crime structured report was pretty bad essays were EASY!!!!!!

 

[danal353]

that was such a depressing test... now I'm too depressed to study for economics...

 

[jj.oc]

1) D
2) B
3) C
4) C
5) D
6) B
7) A
8) A
9) A
10) D
11) B
12) D
13) B
14) A
15) C

i have high hopes

since when does the local court have a jurisdiction over discrimination matters? that was a stupid question. I had D for 14 but I didn't think any of them were really that correct :/

 

[ayehann]

since when does the local court have a jurisdiction over discrimination matters? that was a stupid question. I had D for 14 but I didn't think any of them were really that correct :/

well the answer should be common law.. so local court seems the best answer

 

[mckensara]

since when does the local court have a jurisdiction over discrimination matters? that was a stupid question. I had D for 14 but I didn't think any of them were really that correct :/

This is the NZ one right?
there was a question like this before
I think its because the prompt said "Sydney" hotel, so the local courts cause they could use all the anti discrimination laws to protect his rights ect ect/common law

+ local courts = the prima facie?

 

[bmn]

1) D
2) B
3) C
4) C
5) D
6) B
7) A
8) A
9) A
10) D
11) B
12) D
13) B
14) A
15) C

i have high hopes

There is no way that 2 is B. It's A (maybe D but unlikely.)
I think you have 8 wrong, but I had A as well...

Can someone provide a quote from a text book or something proving that 7 is not D? I understand that A is a key feature, but sometimes there is no precedent. I've always been under the impression that Common law cannot be changed by parliament because of the separation of powers. Sure, it can pass laws that override them, but not change them altogether?

 

[mckensara]

There is no way that 2 is B. It's A (maybe D but unlikely.)
I think you have 8 wrong, but I had A as well...

Can someone provide a quote from a text book or something proving that 7 is not D? I understand that A is a key feature, but sometimes there is no precedent. I've always been under the impression that Common law cannot be changed by parliament because of the separation of powers. Sure, it can pass laws that override them, but not change them altogether?

** edit
oh right i get it now
i wrote A for 2 - my bad.

and yeah i wasnt so sure about 8.. anyone clarify?

 

[Mudcake]

could someone please post the questions from multichoice so can rememebr what i said/relate it to what everyone else is saying?

 

[sam5]

I still dont think that 4 is C. Actions on the premises arent covered. I know that you cant enter in a contract with the independent trainers, but u can enter in one with the clients forcing them to stop getting trained by them. Maybe its tort?

I think u would need to find proof of legal protection for the right in question 6 to be able to safely say its B. until someone does that, i still think its A

Common law can be changed by statute (parliament) to the extent of the inconsistency, so 7 is A.

And for 14, a local court can look at precedent on racial decisions in the past. Also, what kind of legal power does D have? none.

 

[jj.oc]

There is no way that 2 is B. It's A (maybe D but unlikely.)
I think you have 8 wrong, but I had A as well...

Can someone provide a quote from a text book or something proving that 7 is not D? I understand that A is a key feature, but sometimes there is no precedent. I've always been under the impression that Common law cannot be changed by parliament because of the separation of powers. Sure, it can pass laws that override them, but not change them altogether?

isn't it like general knowledge that statute law can override common law?

This is the NZ one right?
there was a question like this before
I think its because the prompt said "Sydney" hotel, so the local courts cause they could use all the anti discrimination laws to protect his rights ect ect/common law

+ local courts = the prima facie?

a prima facie case doesn't enforce any rights, it just determines whether or not there was enough evidence for the case to be heard in a higher court. but I guess the question does say "which of the following is BEST able to..."

 

[mckensara]

isn't it like general knowledge that statute law can override common law?


a prima facie case doesn't enforce any rights, it just determines whether or not there was enough evidence for the case to be heard in a higher court. but I guess the question does say "which of the following is BEST able to..."

yeah thats what i meant sorry i didnt explain it
because from the case being prima facie, then it can be head in a higher court
but the first starting block would be the common law and the local courts.
well heres to hoping!

 

[kurtharris]

There is no way that 2 is B. It's A (maybe D but unlikely.)
I think you have 8 wrong, but I had A as well...

Can someone provide a quote from a text book or something proving that 7 is not D? I understand that A is a key feature, but sometimes there is no precedent. I've always been under the impression that Common law cannot be changed by parliament because of the separation of powers. Sure, it can pass laws that override them, but not change them altogether?

well my thinking was it can be changed by parliment because any laws brought in through statute laws outweigh the laws of common law the courts have to bring it in and interpret it and somtimes there is no precedent thing is like A) says it BASED on precedent.

 

[jj.oc]

I still dont think that 4 is C. Actions on the premises arent covered. I know that you cant enter in a contract with the independent trainers, but u can enter in one with the clients forcing them to stop getting trained by them. Maybe its tort?

I think u would need to find proof of legal protection for the right in question 6 to be able to safely say its B. until someone does that, i still think its A

Common law can be changed by statute (parliament) to the extent of the inconsistency, so 7 is A.

And for 14, a local court can look at precedent on racial decisions in the past. Also, what kind of legal power does D have? none.

from hreoc's website: "We help resolve complaints about human rights violation & various discrimination laws through a conciliation..." but in terms of enforceability the local court would be better if it had the jurisdiction to cover discrimination, as conciliation doesn't get you anywhere

 

[steffy123]

1. D - tort law = private law. Between individuals
2. A - it is known. Seemed like the best answer to me.
3. C
4. C - property law. It doesn't say that the independent personal trainers have a contract with the gym so C seems like the best answer as it involves the use of their property
5. D
6. B
7. A - common law = judge made law. Judges use precedent
8. B - this was a guess really..
9. A - legal representation is not guaranteed in Australia. Dietrich v. the queen case
10. D
11. D- this is wrong, I picked it cuz it was the closest thing to statute. I was gonna pick C dammit!
12. D
13. B
14. A - There was a question similar to this in a past paper and the answer had to do with a court
15. A - native title cuz I seriously had no idea... now I can see that dispute resolution definitely makes a lot more sense.

I know I definitely got 2 wrong. lol I had a bad feeling when I saw 3 Ds come up consecutively.

 

[sam5]

could someone please post the questions from multichoice so can rememebr what i said/relate it to what everyone else is saying?

yep. I feel ur pain (i was like that with chem lol)

1. Which of the following is a type of private law?

(A) Administrative
(B) Constitutional
(C) Criminal
(D) Tort


2. What is an essential feature of a just law?

(A) It is know
(B) It is passed by parliament
(C) It has been considered by the high court
(D) It represents the application of natural justice

3. Which of the following is an example of state soverignty?

(A) Customary Law
(B) A citizen voting in an election
(C) A nation making laws for its citizens
(D) The right of NSW to ignore the Australian Constitution


4. A gym prohibits independent personal trainers from training their clients on its premises. What type of law allows the gym to do this?

(A) Tort
(B) Contract
(C) Property
(D) Constitutional


5. Which of the following rights is an example of a collective right?

(A) Economic
(B) Environmental
(C) Peace
(D) Self Determination

6. Kim has been arrested for shoplifting. In a court, he exercises hig right to remain silent. What type of right is he exercising?

(A) Civil
(B) Legal
(C) Human
(D) Constitutional

7. Which of the following is true of common law?

(A) It is based on precedent
(B) It may be changed by jurise
(C) It is based on the Constitution
(D) It cannot be changed by parliament

8. Which of the following has predictability as its outcome?

(A) Justice
(B) Rule of Law
(C) Self Determination
(D) International Treaties

9. Which is a feature of legal representation?

(A) It is not guarranteed for everyone.
(B) It is not available unless paid for
(C) It is guaranteed under NSW state law
(D) It is guaranteed under the Australian Constitution

10. Betty earns $5000 a week and Joan earns $100 a week. Both have been fined $100 for fare evasion. What is this an example of?

(A) Apparent Bias
(B) Natural Justice
(C) Discrimination
(D) Equality before the Law

11. The NSW government has passed a law to compensate victims of crime. What is this an example of?

(A) Common Law
(B) Natural Justice
(C) The rule of law
(D) Constitutional Law

12. Which feature best illustrates the operation of a civil law system?

(A) Natural Justice is not applied
(B) Most cases are heard before a jury
(C) The doctrine of precedent is relied upon
(D) Paper submissions are relied on more than oral argument

13. Some Australian citizens have been denied entry to America because of their criminal records. Which law has been applied?

(A) Private
(B) Domestic
(C) International
(D) International Treaty

14. Brian, a New Zealand citizen, has been refused entry into a Sydney hotel because of the colour of his skin. Brian decided to take action against the hotel. Which of the following is best able to enfore Brian's rights?

(A) The local court
(B) The Immigration Review Tribunal
(C) The New Zealand High Commission
(D) The Human Rights and Equal Opportunity Commission

15. Which of the following is a feature of customary law?

(A) Native Title
(B) Terra Nullius
(C) Dsipute resolution
(D) The doctrine of precedent


That was a lot of work!

 

[ajdlinux]

I still dont think that 4 is C. Actions on the premises arent covered. I know that you cant enter in a contract with the independent trainers, but u can enter in one with the clients forcing them to stop getting trained by them. Maybe its tort?

The tort of trespass and the Inclosed Lands Protection Act 1901 may be how they enforce their property rights, but I'd say the right of a landowner to declare who is and isn't allowed on their property is probably property law.

 

[Freakstyler09]

that was such a depressing test... now I'm too depressed to study for economics...

man, I'm, even worse off then u, I got eco n senior 2morrow,

 

[bmn]

isn't it like general knowledge that statute law can override common law?"

Override, yes. But the question specifically said CHANGE.

well my thinking was it can be changed by parliment because any laws brought in through statute laws outweigh the laws of common law the courts have to bring it in and interpret it and somtimes there is no precedent thing is like A) says it BASED on precedent.

Once again, it can outweigh, but not change? I'm not disagreeing with A, but the wording of D makes it correct aswell?