Australian International School Singapore: Legal Studies Half-Yearly Examination

Student Name:
__________________________________
Teacher:
__________________________________

AUSTRALIAN INTERNATIONAL SCHOOL SINGAPORE

Preliminary Legal Studies

HALF YEARLY EXAMINATION 2011

General Instructions

Section 1: Multiple Choice

15 marks

Reading time: 5 minutes

Working time: 1.5 hours

Use pen to write your answers

Section 2: Short Answer

Use writing booklet for extended

50 marks

response

Attempt Questions 1-12

Attempt Questions 1-15

Section 3: Extended Response

Attempt Question 13 in separate
writing booklet
20 marks

Total Marks: 85

Australian International School Singapore: Legal Studies Half-Yearly Examination

Section 1- Answer Sheet

Name:..
Select the alternative that best answers the question. Circle your answer on
the answer sheet.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

A
A
A
A
A
A
A
A
A
A
A
A
A
A
A

B
B
B
B
B
B
B
B
B
B
B
B
B
B
B

C
C
C
C
C
C
C
C
C
C
C
C
C
C
C

D
D
D
D
D
D
D
D
D
D
D
D
D
D
D

Australian International School Singapore: Legal Studies Half-Yearly Examination

SECTION 1
Total marks 15)
Attempt questions 1-15
Answer the questions on the attached ANSWER SHEET

1. Which of the following court has original jurisdiction in regard to

constitutional matters?
a local court
b the Supreme Court
c the High Court
d Federal Court
2. Why did the British have no legal obligation to take into account the
customs and laws of Aboriginal people when the First Fleet arrived?

a Australia was considered conquered not settled

b The colony used military law
c Australia was considered a settled territory
d Aboriginal customary law was not considered as legally viable

3. The civil law system uses

a

common law

the inquisitorial system of trial

the adversarial system of trial

doctrine of precedent
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Australian International School Singapore: Legal Studies Half-Yearly Examination

4. What is a major reason for international law ineffectiveness?

too many countries involved in the United Nations

state sovereignty

treaty ratification

charter-based enforcement bodies

5. Linda visits Fern at her home. Lindas dog bites Fern. If Fern takes
action against Linda how must damages for personal injury be proved?

by the police

on the balance of probabilities

by the local dog inspector

beyond reasonable doubt

6. Which of the following best illustrates customary law?

a.
b.
c.
d.

Laws passed down by Aboriginal elders

Decisions made by court systems
Regulations made by ATSIC
Laws passed by parliament

The following questions 7 and 8 relate to the scenario given below:

Josh causes $A 1 million worth of damage when he negligently parks his truck
on the top of a hill crest without applying the handbrake. Subsequently, the
truck rolled down the hill and into somebodys house.

Australian International School Singapore: Legal Studies Half-Yearly Examination

7. If the owners of the house wanted compensation, where would the
case be heard?
a.
b.
c.
d.

Local Court
Federal Court
Supreme Court
High Court

8. If somebody were killed when the truck struck the house, where would
the preliminary case be heard?
a.
b.
c.
d.

Local Court
District Court
Supreme Court
High Court

9. Delegated legislation includes:

a.
b.
c.
d.

Regulations, ordinances, rules and by-laws

International Covenant on Civil and Political Rights (1966)
Donoghue v Stevenson (1932) AC 562
Judiciary Act 1903 (Cth)

10. The separation of powers is concerned about:

a. Section 51 of the Constitution
b. The bicameral system of parliament- Senate and House of
Representatives
c. Concurrent, residual and exclusive powers
d. The checks and balances on the three branches of governmentexecutive, judiciary and legislative
11. Native title means that:
a. Australia belonged to no-one prior to European colonisation
b. That the Commonwealth owns all the Australian land and allows
people to use certain segments of it for specific purposes
c. That certain Aboriginal and Torres Strait Islanders groups owned
Australia prior to European colonisation and this concept of
ownership was not extinguished after 1788.
d. That all Aboriginal and Torres Strait Islander ownership of
Australia ceased after European settlement in 1788
12. Natural justice means
a.
b.
c.
d.

No-one is above the law

Equality, fairness and access
A right to be heard and an impartial decision-maker
Values and ethics

Australian International School Singapore: Legal Studies Half-Yearly Examination

13. In a criminal trial, the role of the judge is to:

a.
b.
c.
d.

Determine the facts of the case

To pass a guilty or non-guilty verdict
To make rulings on points of law
To decide the truth about the evidence presented

14. If there is a conflict between common law and statute law, then:
a.
b.
c.
d.

The common law will apply

The matter will be resolved by the appeal courts
The doctrine of precedent will apply
The statute law will apply

15. The burden of proof in a civil case means:

a. The prosecutor must prove their case beyond a reasonable
doubt
b. The plaintiff must prove their case on the balance of probabilities
c. The plaintiff is responsible for proving the case
d. The prosecution must prove their case on the balance of
probabilities

Australian International School Singapore: Legal Studies Half-Yearly Examination

SECTION II
Total Marks (50)
Attempt questions 1-12
Answer all questions in the space provided

Marks
Marks 2

1. Define the following basic legal notions.

(a) Law

2
4

(b) Rule of law

2

(c) Procedural justice (natural justice)

2

(d) Ethics
2
2
(e) Justice

3
2. Demonstrate how an absence of law may result in anarchy.

3. Contrast the Aboriginal and Torres Strait legal system with the English
system. Show TWO different areas of contrast.
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Marks
2
Australian International School Singapore: Legal Studies Half-Yearly Examination

4. Describe the role of the NSW Supreme Court in both original and
appellate jurisdiction for criminal matters

5. Explain how the Doctrine of Precedent operates in common law.

6. Outline TWO sources of international law

7. Outline the three sources of law and identify the institutions that enforce
these sources.

Marks
3
Australian International School Singapore: Legal Studies Half-Yearly Examination

4
8. Explain the role of equity in common law.

9. Describe the role of the United Nations

10

10. Outline how the Constitution can be amended.

11. Contrast the difference between criminal and civil proceedings

12. Outline the difference between private and public law. Identify the three
areas of law within private and public law.

Australian International School Singapore: Legal Studies Half-Yearly Examination

End of Question 12
SECTION III
Total Marks (20)
Answer the question in a SEPARATE writing booklet. Extra writing
booklets are available.

In your answer you will be assessed on how well you:

demonstrate an understanding of relevant legal information and
issues
illustrate your answer with examples from one or more of the
following: legislation, documents, treaties, cases, media reports
communicate using legal terminology and concepts relevant to
domestic or international law
present a sustained, logical and well-structured answer to the
question

Using Commonwealth v Tasmania (1983) 158 CLR 1(Franklin River

Dam case):

Demonstrate how the division of powers in the Australian

Constitution operates.
Demonstrate the role of the High Court in regard to judicial
review and Constitutional interpretation
Demonstrate how international law affects Australian law

End of Paper

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Australian International School Singapore: Legal Studies Half-Yearly Examination

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