TUTORIAL WEEK 1REVISION

QUESTION 1
1. A hierarchy of courts provides a system of appeals
through which dissatisfied litigants may appeal from
a decision of a lower court to a higher court to have
the matter reconsidered.
2. A hierarchy of courts allows cases of a similar nature
to be tried in similar courts.
3. A hierarchy of courts allows each court to specialise
in particular types of cases.
QUESTION 2
It is most important that the law be:
A.
B.
C.
D.

Flexible.
Certain.
Reasonable.
Known.

1. A and B.
2. A, B, C and D.
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3. A, B and C.
4. C.
5. None of A, B, C or D provide accurate
descriptions.

QUESTION 3
Which of the following best describes the original
jurisdiction of the High Court of Australia?
1. To hear indictable offences against the laws of the
Commonwealth, cases where the Commonwealth
itself is a party, disputes between two or more States,
or matters involving residents of two or more States.
2. To hear appeals from State Supreme Courts and from
the Federal Court.
3. To guard and interpret State Constitutions.
4. The High Court does not have an original
jurisdiction.
QUESTION 4
Which of the following is not true?
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1. A precedent is binding in all courts after the date of

the judgement.
2. A precedent may be binding or persuasive.
3. A judge who does not apply a binding precedent is
legally wrong.
4. A failure to follow a relevant precedent may result
in the decision being reversed on appeal.

QUESTION 5
Which of the following statements is not correct?
A.
The federal government delegates some of its
powers to the states.
B.
The Australian Constitution sets out the
relationship between the state and federal
governments.
C.
The state governments are given their powers by
the Australian Constitution.
D.
Some powers are shared by the state and federal
governments.
1. A, B, C and D.
2. B and D.
3. A and C.
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4. A.
5. None of A, B, C or D provide accurate
descriptions.
QUESTION 6
Which of the following statements accords with the
doctrine of separation of powers?
A. The executive administers the laws.
B. Executive power is the power to make law.
C. The legislature makes the laws.
D. Law is administered by the parliament.
E. The judicature interprets, applies and enforces the
laws.
1. A and E.
2. A, C and E.
3. B, C and D.
4. B, D and E.
5. C and E.

PROBLEM QUESTIONS:

7. Briefly explain the distinction between enacted and

unenacted law. What does the term common law
mean?

8. Imagine you are a judge of the District Court of New

South Wales. On a difficult point of law, you are faced
with conflicting decisions of a single judge of the
Supreme Court of Tasmania and a unanimous Court of
Appeal of the Supreme Court of Victoria. Which
precedent must you follow (if any)? Could you follow a
strong decision of the Supreme Court of Singapore on the
point of law?