Gibson, Business Law 11^th Edition

Chapter 2: How the Law Is Made

LO 2.1 Identify the main sources of law in the Australian legal system

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. Which of the following is a main source of law in Australia?
2. Case law.
3. Treaties.
4. International law.
5. Equity.

Difficulty: Basic

Topic: How are laws classified

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.1 Identify the main sources of law in the Australian legal system.

1. The civil law legal system can be described as one that:
2. Relies heavily on case law or judge-made law.
3. Is concerned with the rules of civil procedure and evidence.
4. Relies on legislation in the form of codes and statues.
5. Is concerned with civil and criminal law.

Difficulty: Moderate

Topic: How are laws classified

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.1 Identify the main sources of law in the Australian legal system.

True/False: Identify whether the statement is True or False.

1. The legal system based on the doctrine of proper behaviour and followed by roughly 20 per cent of the world’s population, is called Shariah Law.
2. True
3. False

Difficulty: Basic

Topic: How are laws classified

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.1 Identify the main sources of law in the Australian legal system.

1. International public law affects businesses by regulating the conduct of persons involved in international transactions and trade.
2. True
3. False

Difficulty: Moderate

Topic: How are laws classified

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.1 Identify the main sources of law in the Australian legal system.

1. Administrative law, criminal law and industrial law are classified as forms of public law.
2. True
3. False

Difficulty: Basic

Topic: How are laws classified

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.1 Identify the main sources of law in the Australian legal system.

Essay: Write your answer in the space provided or on a separate sheet of paper.

1. What is the name of the body of law concerned with the rules that govern court procedures and evidence?

Difficulty: Moderate

Topic: How are laws classified

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.1 Identify the main sources of law in the Australian legal system.

LO 2.2 Explain the role of police and the courts in administering law and resolving disputes

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. The police are often described as community guardians of the peace and have a number of duties, which include:
2. The protection of life and property.
3. The enforcement of law and the safety of the public.
4. The prevention of crime and the apprehension of offenders.
5. All of the above.

Difficulty: Basic

Topic: What are the roles of the police and the courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.2 Explain the role of police and the courts in administering law and resolving disputes.

1. What is the meaning of the term ‘court hierarchy’?
2. A tiered court system within each particular jurisdiction.
3. The horizontal arrangement of courts within Australia.
4. A vertical system of appellate courts.
5. The supreme courts of the various states and territories.

Difficulty: Basic

Topic: What is a court hierarchy

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.2 Explain the role of police and the courts in administering law and resolving disputes.

True/False: Identify whether the statement is True or False.

1. The term ‘jurisdiction’ refers to the types of cases a particular court can hear.
2. True
3. False

Difficulty: Basic

Topic: What are the roles of the police and the courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.2 Explain the role of police and the courts in administering law and resolving disputes.

Essay: Write your answer in the space provided or on a separate sheet of paper.

1. Explain the difference between a Court of first instance and a Court of appeal.

Difficulty: Basic

Topic: What is the difference between original and appellate jurisdiction

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.2 Explain the role of police and the courts in administering law and resolving disputes.

LO 2.3 Describe the hierarchy and jurisdiction of the courts in the state and territory court systems.

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. A crime that the community has designated as less serious is called:
2. An indictable offence.
3. A committal offence.
4. A serious offence.
5. A summary offence.

Difficulty: Moderate

Topic: What cases can state, territory and federal courts hear

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.3 Describe the hierarchy and jurisdiction of the courts in the state and territory court systems.

1. Why might an accused person prefer to have an indictable matter dealt with summarily in an inferior court instead of in a higher court?
2. Inferior courts settle disputes less formally.
3. Inferior courts settle disputes more cheaply.
4. Inferior courts settle disputes more quickly.
5. All of the above.

Difficulty: Complex

Topic: Inferior (Magistrates or Local) courts

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.3 Describe the hierarchy and jurisdiction of the courts in the state and territory court systems.

1. What is the appellate jurisdiction of an inferior court?
2. The inferior courts hear committal proceedings for serious indictable offences.
3. The inferior courts are the lowest courts in the State court hierarchy and do not hear appeals from any other courts.
4. The inferior courts hear summary offences, and some minor indictable offences.
5. The inferior courts hear appeals from the intermediate courts.

Difficulty: Moderate

Topic: Criminal jurisdiction of the inferior courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.3 Describe the hierarchy and jurisdiction of the courts in the state and territory court systems.

1. Which court usually employs a jury and often deals with the most serious criminal cases?
2. The Family Court
3. The Supreme Court.
4. The Appeals Court.
5. The District Court.

Difficulty: Moderate

Topic: Superior (Supreme) courts

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.3 Describe the hierarchy and jurisdiction of the courts in the state and territory court systems.

True/False: Identify whether the statement is True or False.

1. A civil court’s jurisdiction is controlled by its monetary jurisdictional limit.
2. True
3. False

Difficulty: Basic

Topic: Criminal jurisdiction of the inferior courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.3 Describe the hierarchy and jurisdiction of the courts in the state and territory court systems.

Essay: Write your answer in the space provided or on a separate sheet of paper.

1. The Federal Circuit Court was established to reduce the workload of the Federal Court and the Family Court. (i) How was this reduction in workload to be achieved? (ii) Has this reduction in fact been achieved? You may wish to visit http://www.federalcircuitcourt.gov.au.

Difficulty: Complex

Topic: What are federal courts

Standard/Graduate Attribute AACSB: Reflective thinking

Learning Outcome: LO 2.4 Describe the hierarchy and jurisdiction of the courts in the federal court system

LO 2.4 Describe the hierarchy and jurisdiction of the courts in the federal court system

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. Is the High Court a State Court, which is located within the State court hierarchy, or is it a Federal court, which is located within the Federal court hierarchy?
   • • • 1. The High Court is neither a State Court nor a Federal Court.
         2. The High Court is a State Court located within the State court hierarchy.
         3. The High Court is a Federal Court located within the Federal court hierarchy.
         4. The High Court is both a State Court and a Federal Court.

Difficulty: Complex

Topic: What are federal courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.4 Describe the hierarchy and jurisdiction of the courts in the federal court system

1. Which of the following matters fall within the original jurisdiction of the High Court?
   • • • 1. Disputes between States.
         2. Disputes between individuals over land within one State.
         3. Disputes relating to the constitutions of individual States.
         4. Appeals from State Supreme Courts.

Difficulty: Moderate

Topic: What are federal courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.4 Describe the hierarchy and jurisdiction of the courts in the federal court system

1. When is Special Leave, that is, permission to appeal from either a State or Territory Supreme Court or a Federal Court to the High Court, required?
   • • • 1. Only in cases involving State law and federal law.
         2. Only in cases involving matters of major public importance.
         3. Only in cases involving the interpretation of the Australian Constitution.
         4. In all cases.

Difficulty: Moderate

Topic: What are federal courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.4 Describe the hierarchy and jurisdiction of the courts in the federal court system

True/False: Identify whether the statement is True or False.

1. The common law right of appeal allows dissatisfied parties to appeal to higher courts for a review of their original decision.
   • • • 1. True
         2. False

Difficulty: Moderate

Topic: Abolition of appeals to the Privy Council

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.4 Describe the hierarchy and jurisdiction of the courts in the federal court system

LO 2.5 Explain the adversary system, and describe the various alternative methods of dispute resolution

True/False: Identify whether the statement is True or False.

1. A licensing court is an example of alternative dispute resolution.

A. True

B. False

Difficulty: Moderate

Topic: What alternative methods are there to courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.5 Explain the adversary system, and describe the various alternative methods of dispute resolution.

Essay: Write your answer in the space provided or on a separate sheet of paper.

1. Do you think mediation is more successful than arbitration because it occurs in a less hostile environment and allows the parties to present their position confidently in the presence of a neutral third party?

Difficulty: Complex

Topic: What alternative methods are there to courts

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.5 Explain the adversary system and describe the various alternative methods of dispute resolution.

LO 2.6 Discuss the function and purpose of state and federal tribunals

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. If a person wants to appeal against a decision made by the Department of Human Services (Centrelink), they will go to:
   • • • 1. The Federal Court.
         2. The Supreme Court of their state.
         3. The Civil and Administrative Tribunal of their state.
         4. The Administrative Appeals Tribunal.

Difficulty: Moderate

Topic: What are judicial and quasi-judicial tribunals

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.6 Discuss the function and purpose of state and federal tribunals.

1. Which of the following is not one of the differences between Tribunals and Courts?
   • • • 1. The jurisdiction of a court is usually restricted to a narrow area, whereas the jurisdiction of a tribunal is more general.
         2. The decision of a court can usually be appealed, whereas the decision of a tribunal is usually final.
         3. Courts generally allow legal representation, whereas tribunals generally restrict legal representation.
         4. Tribunals are less formal and less intimidating than courts.

Difficulty: Moderate

Topic: What are judicial and quasi-judicial tribunals

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.6 Discuss the function and purpose of state and federal tribunals.

LO 2.7 Explain the role and purpose of the ombudsman

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. The purpose of an ombudsman is:
   • • • 1. To interrogate government departments.
         2. To rectify wrongs.
         3. To initiate legal action against government.
         4. To investigate complaints about administrative actions and administrative decisions.

Difficulty: Basic

Topic: What is an ombudsman

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.7 Explain the role and purpose of the ombudsman.

LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. Which of the following is a feature of the adversarial system of trial?
   • • • 1. Competitive conduct of each party’s case.
         2. Lack of party control over the case.
         3. The inquisitorial trial.
         4. An investigative judge.

Difficulty: Moderate

Topic: What is the composition of an adversary system

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

1. What is a class action?
   • • • 1. An action taken by more than one litigant.
         2. An action taken by multiple persons with similar claims against another party.
         3. An action taken by one person against multiple persons.
         4. An action taken against more than one litigant.

Difficulty: Basic

Topic: What type of action is a representative or class action

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

1. In a civil action, when a party is dissatisfied with a decision, they may lodge an appeal with a higher court. In this instance, the defendant’s role changes to:
2. The plaintiff.
3. The appellant.
4. The respondent.
5. The applicant.

Difficulty: Moderate

Topic: The parties

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

True/False: Identify whether the statement is True or False.

1. The Jury decides questions of law while the Judge decides all questions of fact.
   • • • 1. True
         2. False

Difficulty: Basic

Topic: The jury

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

1. In a civil case, the required standard of proof is beyond a reasonable doubt.
   • • • 1. True
         2. False

Difficulty: Basic

Topic: The parties

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

1. A company is suing a public department and thus needs to prove actual fault on the department’s part in order for their claim to be successful. In this scenario, the company is the plaintiff.
2. True
3. False

Difficulty: Moderate

Topic: The parties

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

Essay: Write your answer in the space provided or on a separate sheet of paper.

1. The adversary system of justice adopted by Australian courts is often contrasted with the inquisitorial system adopted by European courts. Find out what you can about the inquisitorial system, and explain which system you believe is the fairest.

Difficulty: Moderate

Topic: What is the composition of an adversary system

Standard/Graduate Attribute AACSB: Reflective thinking

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

1. Compare the differences between the duties of a solicitor and the duties of a barrister?

Difficulty: Basic

Topic: The legal profession

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

• Conveyancing and drafting (drawing up documents);

• The preparation of wills and the administration of estates;

• Family law problems;

• Taxation problems;

• Litigation; and

• Preparation of various legal documents relating to topics such as the drawing up of contracts, the formation or dissolution of businesses, and the preparation of documents and all other relevant matters before trial in which a barrister is employed on behalf of the client (called a ‘brief’).

The duties of a barrister are:

• Giving ‘opinions’ to clients on the facts presented to them, setting out the relevant law and indicating the likely outcome of any action; and

• Preparing pleadings for court cases and appearing in court to represent and plead or argue a case for a client if the barrister is ‘briefed’ as ‘counsel’ in either a civil or criminal case.

1. What are the designated roles of a Judge and a Jury in a trial?

Difficulty: Basic

Topics: The judiciary and the jury

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

• To ensure that the rules of evidence are followed;

• To ensure that each party is fairly treated according to the law;

• To instruct the jury on matters of law;

• To decide on points of law and make a ruling on their relevance;

• To sum up the arguments impartially, and explain the law to the jury;

• Where there is no jury, to determine questions of fact and law;

• To ensure that the burden of proof has been discharged;

• In a criminal case, to pass sentence;

• In a civil case to assess damages;

• To discharge the jury if one has been used; and

• To hear appeals.

A jury is a body of men and women summoned and sworn under oath to determine questions of fact fairly and objectively in a judicial proceeding. The use of juries in civil cases has largely been abolished in most jurisdictions unless required in the interests of justice, with the judge deciding both questions of fact and of law. Where a civil case is heard with a jury it will usually consist of four, five or six members in an intermediate court and 12 in a Supreme Court. Only a majority verdict is required. If the plaintiff wants to have a matter heard before a jury, most jurisdictions now provide that, before the case starts, the plaintiff has to pay into the court the costs of having a jury.

1. What do you think is meant by the term ‘rules of evidence’?

Difficulty: Complex

Topic: What is the composition of an adversary system

Standard/Graduate Attribute AACSB: Reflective thinking

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

The laws of evidence dictate standards to which facts must be proved, such as:

• In civil cases, facts must be proved on the balance of probabilities.
• In criminal cases, facts must be proved beyond a reasonable doubt.

1. Explain what is meant by the term ‘burden of proof’?

Difficulty: Complex

Topic: The parties

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.8 Discuss the roles and purpose of the legal profession, judiciary, juries and parties in criminal and civil trials.

LO 2.9 Discuss the various methods that can be used to locate relevant legislation and case law

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. The following are all examples of online legal databases, except:
2. AustLII.
3. Federal Register of Legislation.
4. LexisNexis.
5. Australian Guide to Legal Citation.

Difficulty: Moderate

Topic: Where do you look for sources of law

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.9 Discuss the various methods that can be used to locate relevant legislation and case law.

1. Hall v Hall (2016) 257 CLR 490 is an example of an authorised case citation.
2. True
3. False

Difficulty: Complex

Topic: How do you find a case

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.9 Discuss the various methods that can be used to locate relevant legislation and case law.

LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. Which of the following statements is an advantage of the doctrine of precedent?
   • • • 1. Precedent is slow to respond to community changes.
         2. Precedent has to be followed even if it is not relevant to current circumstances.
         3. A change to precedent may require an Act of Parliament.
         4. The use of precedent promotes consistency in the law.

Difficulty: Basic

Topic: What is case law

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system.

1. What is stare decisis?
   • • • 1. The legal reasoning upon which the decision in a case was based.
         2. The doctrine of precedent; ‘to stand by a decision’.
         3. Anything said about the law in the course of a judgment that does not form part of the matters in issue.
         4. The final order of the court is binding on the immediate parties to the action.

Difficulty: Basic

Topic: What is case law

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system.

1. Which of the following best describes a ‘persuasive’ precedent?
   • • • 1. That part of a court’s decision which is not binding upon other courts.
         2. A previous decision of another court which is not binding but which can influence the court’s decision.
         3. A previous decision of another court higher within the same court hierarchy.
         4. That part of a court’s decision which is binding upon other courts.

Difficulty: Moderate

Topic: What is precedent

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system.

Essay: Write your answer in the space provided or on a separate sheet of paper.

1. According to the doctrine of precedent, courts are bound to follow the earlier decisions of other courts higher than them within the same court hierarchy. Describe the ways in which a lawyer might manipulate the system of precedent used in Australian trials to obtain a desired result for their client.

Difficulty: Complex

Topic: What is precedent

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system.

1. Explain fully the importance of the doctrine of ratio decidendi and obiter dicta.

Difficulty: Basic

Topic: What is case law

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system.

1. Explain the doctrine of res judicata.

Difficulty: Basic

Topic: What is case law

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.10 Explain the doctrine of precedent and the rules for its operation in the court system.

LO 2.11 Explain the importance of statute law

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. If a bill is twice rejected by the Senate while being passed by the House of Representatives on both occasions, which of the following may occur?
   • • • 1. A referendum.
         2. An appeal to the High Court.
         3. The Prime Minister decides whether the bill is passed.
         4. A double dissolution of both houses.

Difficulty: Moderate

Topic: What is statute law

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.11 Explain the importance of statute law.

1. An Act of parliament does not become law until it has received Royal Assent.
   • • • 1. True
         2. False

Difficulty: Basic

Topic: What is statute law

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.11 Explain the importance of statute law.

LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. Which of the following will not be used by a court to assist in the interpretation of Queensland legislation?
   • • • 1. Common law rules of statutory interpretation.
         2. Previous cases or precedent.
         3. The Acts Interpretation Act 1901 (Cth).
         4. Objects clauses and definitions sections in the legislation.

Difficulty: Complex

Topic: What are the methods of statutory interpretation used by the courts

Standard/Graduate Attribute AACSB: Analytical thinking

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

1. Which of the following best describes the literal rule of statutory interpretation?
   • • • 1. The meaning and intention of language used in the Act is clear and it is the court’s duty to apply it.
         2. The meaning and intention of language used in the Act is unclear, so it is necessary to look at the law before the statute was passed.
         3. The meaning and intention of language used in the Act is unclear, so it is necessary to read the act in its entirety and ask, ‘What mischief is this statute intended to remedy?’.
         4. The meaning and intention of language used in the Act is clear and it is the court’s duty to apply it unless that would result in absurdity, injustice or repugnance.

Difficulty: Complex

Topic: What are the methods of statutory interpretation used by the courts

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

1. Which of the following is not ‘extrinsic material’ within the meaning of s 15AB of the Acts Interpretation Act 1901 (Cth)?
   • • • 1. Relevant media commentary.
         2. Relevant reports of law reform commissions and parliamentary debates.
         3. International treaties.
         4. The Second Reading speech.

Difficulty: Moderate

Topic: The use of extrinsic evidence

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

1. The ‘purposive approach’ to statutory interpretation as set out in s 15AA of the Acts Interpretation Act 1901 (Cth) is best defined as:
   • • • 1. Legislation should be interpreted in a way that promotes the purpose underlying the Act.
         2. Legislation must be interpreted with a clear purpose.
         3. A court must have a clear purpose when interpreting legislation.
         4. Legislation must contain a statement which sets out its underlying purpose.

Difficulty: Moderate

Topic: Common law rules of statutory interpretation

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

True/False: Identify whether the statement is True or False.

1. According to the golden rule of statutory interpretation, ordinary words must be given their ordinary meaning unless absurdity would result.
2. True
3. False

Difficulty: Basic

Topic: Common law rules of statutory interpretation

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

1. The maxim noscitur a sociis refers to the rule used to find a viable meaning for a broad general word.
   • • • 1. True
         2. False

Difficulty: Basic

Topic: Maxims

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

1. The use of the word ‘means’ in legislation indicates that a word has an exact meaning.
   • • • 1. True
         2. False

Difficulty: Basic

Topic: Word problems

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

1. The purpose of a statute definition is to provide clarification about the meaning of a word within an Act or regulation.
2. True
3. False

Difficulty: Basic

Topic: Common law rules of statutory interpretation

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.12 Explain the rules of statutory interpretation and how they are applied by the courts.

LO 2.13 Explain how delegated legislation is created and what its purpose is

Multiple choice: Choose the one alternative that best completes the statement or answers the question.

1. Which of the following is the most correct description of delegated legislation?
   • • • 1. Rules, regulations, by-laws and orders issued pursuant to the authority of an act of parliament.
         2. Rules authorised by the Prime Minister.
         3. Regulations issued by the Minister of State.
         4. Rules published in the Government Gazette.

Difficulty: Basic

Topic: Delegated or subordinate legislation

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.13 Explain how delegated legislation is created and what its purpose is.

1. Delegated legislation is considered an original source of law.
   • • • 1. True
         2. False

Difficulty: Basic

Topic: Delegated or subordinate legislation

Standard/Graduate Attribute AACSB: Application of knowledge

Learning Outcome: LO 2.13 Explain how delegated legislation is created and what its purpose is.