2001 hsc exam (1 Viewer)

santaslayer

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The link still doesn't work Sandra. If it's only mulitple choice, do you mind typing it out?
 

Lazarus

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I've fixed the link.

Official answers aren't available; you'll need to rely on other students and/or teachers.
 

kanda

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the questions

These are the questions

1. When do rights and duties established by an international treaty apply to residents of australia ?

a) when the treaty is enacted into domestic law
b) when State and Comonwealth govts agree with the treaty
c)when australia votes for a treaty at the united nations
d) When the high court approves the treaty


2. What is the purpose of legal aid

a)to ensure equal distribution of legal costs
b) to guararntee legal representation
c) to improve access to the legal system
d) to achieve equal treatment by the law

3. Which one of the following alternatives describes the legal concept of natural justice

a) decision makers should be unbiased and every person has the right to be heard
b) decision makers should be unbiased and innocent persons are equal before the law
c) every person has the right toheard and the right to trial by jury
d) every person has the right to be heard and the burned of proof falls on the prosecution

4. WHat type of law are persons who cause criminal damage to citizens or property subjected?

a) administrative law
b) executive law
c) private law
d) public law

5. Which one of the following best describes the doctrine of precedent ?

a) the power of parliament to override court decisions
b) the ranking of judges within the court hierarchy
c) the superiority of Cth law over State law
d) The application of established principles of case law to new cases

6. A judge in a criminal matter finds a firend appearing before her for sentencing. What is the appropriate action for the judge to take

a) pass sentence because the judiciary is independent
b) pass sentence because this is required by common law
c) Disqualify herself because this is required by natural justice
d) disqualify herself because this is required by legislation

7. People are subject to law because it is

a) just
b) enforceable
c) democratically determined
d) equitable

8. Which one of the following alternatives best describes a civil law dispute

a) a dispute between the state and an individual who engages in civil disobedience
b) a dispute between the state and an individual who breaches a rule that is punishable by law
c) a dispute between two individuals where the matter is heard at a commital proceeding
d) a dispute between two individuals where one individuals rights are allegedly infringed by another

9. In a criminal law case, to what standard must the prosecution prove the quilt of the accused ?

a) on balance of probabilities
b) beyond reasonable doubt
c) without any doubt
d) to the satisfaction of most jurors

10. What is the function of the common law rule of "standing" ?

a) to limit access to legal remedies
b) to ensure equal access to courts
c) to ensure review of administrative desision
d) to allow appeals against parliamentary actions

11. What kind of legal order would a court grant to stop an unlawful tort activity ?

a) a restraining order
b) specific performance
c) a protection order
d) an injunction

12. Historically in which court were the principles of equity developed ?

a) the King's Court
b) the Mercantile Court
c) The Chancellor's court
d) The international court of justice

13. Which of the fololwing statements applies to the concept of the rule of law ?

a) it should underlie our legal system
b) it is founded on the doctrine of precedent
c) it is guarranteed by the Cth. Constitution
d) It must always be followed by legislatures

14. What course of action must be taken if the prime minister wishes to have a matter in court decided in a particular way

a) prime minister must bring the matter before Cabinet
b) only the governor- general can ensure the desired result
c) the judge must follow any direction from the prime minister
d) prime minister must bring the matter before cabinet ( AGAIN)

15. Chris was shopping in the lopcal fruit market. Chris slipped on some grapes and suffered spinal injuries. Who must prove negligence in order for Chris to get compensation?

a) the Crown
b) Chris
c) The local fruit market owner
d) the defendant
 

Lazarus

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Re: the questions

Those questions are out-dated, kanda. Changes have been made to them:

5 Which of the following best illustrates customary law?
(A) Laws passed by parliaments
(B) Decisions made by court systems
(C) Laws passed down by councils of Aboriginal Elders
(D) Laws relating to the acquisition of property

14 What course of action must be taken if the Prime Minister wishes to have a matter in
court decided in a particular way?

(A) The Prime Minister must bring the matter before Cabinet.
(B) Only the Governor-General can ensure the desired result.
(C) The judge must follow any direction from the Prime Minister.
(D) The Prime Minister can direct public service lawyers to argue for this result.

These are my answers:

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

santaslayer

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Re: the questions

Originally posted by kanda



7. People are subject to law because it is

a) just
b) enforceable
c) democratically determined
d) equitable


10. What is the function of the common law rule of "standing" ?

a) to limit access to legal remedies
b) to ensure equal access to courts
c) to ensure review of administrative desision
d) to allow appeals against parliamentary actions

I agree to most of these answers. Just a few comments and questions. :)

7) LoLz..I did 100's of these ambiguious questions for practice before the HSC and answers "B" and "C" seem to be used most often. If you check the definition and nature of "Law" in most textbooks, it usually highlights the important factor of it being enforecable. ie.

Law: Set of rules that are consideres to be binding on the community as a whole. It is a set of rules that can be enforced and is officially recognised. Excel

10)= I thought the answer would of been "B". Isn't our legal system suppose to promote accessibility? (In theory)


All other answers that I would give are identical to Lazarus'. :)
 

Lazarus

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Originally posted by santaslayer
7) If you check the definition and nature of "Law" in most textbooks, it usually highlights the important factor of it being enforecable.
Originally posted by Asquithian
question 7 is B ...for what i remember from legal ...your subject to law because its enforceable simple.
Alright, fair enough. I wasn't sure; hence the question mark. :) (It does seem to be poorly worded though... why are people subject to the law? Because it's enforceable... why is the law enforceable? Because people submit to it...)

Originally posted by santaslayer
10)= I thought the answer would of been "B". Isn't our legal system suppose to promote accessibility? (In theory)
Generally, I'd agree with you; at first glance, the answer seems counter-intuitive.

However, if I recall correctly, the "rule of standing" operates to prevent parties from appealing when they have no valid or worthwhile grounds for the appeal. The best answer seemed to be 'A'.

Am afraid I disagree with your Q3, Asq. :) I don't think the terms "natural justice" and "the Commonwealth Constitution" are interchangeable. (Your answer also appears to be inconsistent with your answer to Q6.)
 

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