PBL Practice Test One – Practice Questions and Answers

1. Svetlana invites her friend Ivan to her birthday party. Ivan attends, but does
not bring a birthday present. In failing to bring a birthday present, which one
of the following laws has Ivan most likely broken?
☐ Natural laws

☐ Customary laws

☐ Moral and religious laws

☐ National laws

2. What is the main difference between customary, moral and religious or

natural laws (on the one hand) and national law (on the other hand)? Identify
the correct answer.
☐ Unless they become part of national law, customary, moral and religious or
natural laws are not rules of conduct recognised and enforced by the authority
of the state whereas national laws are recognised and enforced by the
authority of the state.
☐ There are no consequences for breaking customary, moral and religious or
natural laws, but there are consequences for breaking national law.
☐ Rules of customary, moral and religious or natural law are always enforced by
the state, whereas rules of national law are not enforced by the state.

3. Identify the incorrect statement.

☐ Some rules of law regulate conduct by prohibiting and punishing certain types
of undesirable behavior, for example, laws imposing fines on drivers for
exceeding the speed limit.
☐ Some laws allow or reward certain behavior the government thinks desirable,
for example, laws granting tax concessions to those running a small business.
☐ The law creates rights and duties which are enforced by individuals
themselves.

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4. Identify the incorrect statement.
☐ The ideal purpose of law is to achieve just outcomes.

☐ An important aspect of modern law is that it should be clear and its application
predictable.
☐ Only those laws that provide for just and fair outcomes are rules of law.

☐ When deciding cases, judges sometimes may have to decide whether to give
preference to the requirements of justice or the requirements of predictability.

5. Identify the incorrect statement.

☐ International law is about agreements made between private individuals.

☐ Contract law concerns private agreements giving rise to legally enforceable

rights and obligations.
☐ Jurisprudence is about the philosophy of law.

☐ Criminal law concerns the prohibition and punishment by the state of

conduct considered harmful to the general community.

6. Identify the incorrect statement.

☐ Legal meanings refer to the particular meaning or significance that words or
phrases have in a specific area of law.
☐ Legal meanings refer to the ordinary meaning of words used in a legal
document.
☐ The specific legal meaning of a word may differ from its ordinary meaning.

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7. Identify the incorrect statement.
☐ Australian law has been influenced to a significant extent by the English
common law.

☐ Australian law is more similar to the law of countries that have been influenced
by Roman law than those countries influenced by the English common law.

☐ Most of the states making up the United States of America and the English
speaking parts of Canada have been heavily influenced by the English common
law system.

8. Identify the incorrect statement.

☐ The Commonwealth Constitution is a written document formally enacted as
law.

☐ The Commonwealth Constitution can be amended as long as the approval of

both the Prime Minister and Governor-General is obtained.

☐ Australian state constitutions are written documents formally enacted as law.

☐ A change to the Commonwealth Constitution requires the consent of

Australian voters in a national referendum.

9. Identify the correct statement.

☐ Australia has three self-governing territories, the Australian Capital Territory,
Norfolk Island and the Northern Territory.

☐ The head of the Commonwealth of Australia and of the states, Queen Elizabeth
II, is democratically elected.

☐ Australian governments are elected periodically by gaining the support of a

majority of voters at elections.

☐ Local governments generally have responsibility for matters of national

importance.

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10. Who elects the Prime Minister of Australia? Choose the correct answer.
☐ The members of the House of Representatives

☐ The members of the High Court

☐ The political party forming the government of the day

☐ Voters at a general election

11. In which branch of government does the Prime Minister of Australia

belong? Choose the correct answer.
☐ The Courts

☐ The Senate

☐ The Executive

12. Which one of the following statements about the legislative power of the
Commonwealth is correct?
☐ The Commonwealth is given its legislative power by the state constitutions.

☐ The Commonwealth has legislative power only in relation to specified matters

listed in the Commonwealth Constitution.

☐ There are no matters in relation to which the Commonwealth has exclusive

powers to legislate.

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13. Which one of the following statements about the legislative power of the
states is incorrect?
☐ State parliaments derive their power to legislate from their state constitutions.

☐ State parliaments only have legislative power in relation to specified matters

listed in their state constitutions.

☐ State governments share some of their legislative power with the

Commonwealth government and so have a concurrent power in relation to
those shared matters.

14. Which one of the following statements about Australian parliaments is

incorrect?

☐ The upper Houses of state parliaments are called Legislative Councils.

☐ The upper House of the Queensland Parliament is called the Legislative

Council.
☐ In New South Wales, Queensland, Victoria and Western Australia the lower
Houses are called Legislative Assemblies, whereas in South Australia and
Tasmania they are called Houses of Assembly.
☐ The lower House of the Commonwealth legislature is called the House of
Representatives and the upper House is called the Senate.

15. Identify the correct statement.

☐ A validly enacted Commonwealth law prevails over state law, but only to the
extent that the state law is inconsistent with the Commonwealth law.
☐ A validly enacted state law prevails over Commonwealth Law, but only to the
extent that the Commonwealth law is inconsistent with the state law.
☐ The Commonwealth Parliament has an unlimited power to legislate for the
wellbeing of all Australians.
☐ By-laws made by a local government which conflict with Commonwealth law
prevail over that Commonwealth law.

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16. Which one of the following is not a type of law created by judges when they
decide cases?
☐ Case law

☐ Statute

☐ Common law

☐ General law

17. Which one of the following laws is not made in the form of legislation?
☐ An Act

☐ General law

☐ Statute

☐ By-laws or local laws

18. Identify the correct statement.

☐ A proposal for a new law is initiated by parliamentary counsel or draftspeople
and presented to cabinet.
☐ The completed draft of proposed legislation is called an “Act”.

☐ Parliamentary counsel/draftspeople prepare a draft of proposed law at the

request of the Minister and after any policy issues are settled by cabinet.
☐ A Bill must be reviewed by the High Court before it can be introduced into the
legislature.

19. After a Bill is introduced into a legislature, when is it debated? Choose the
correct answer.
☐ At the first reading stage of the Bill.

☐ At the second reading stage of the Bill.

☐ At the third reading stage of the Bill.

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20. Identify the incorrect statement.
☐ An Act always becomes operational the day after it receives Royal assent.

☐ A Bill becomes an Act after receiving Royal assent but will not be operational
until the commencement date.
☐ Approval by the Crown of laws passed by an Australian legislature is, by
convention, usually only a formality.

21. Look at the following citation:

Adoption Act 1984 (Vic).
What is the most accurate statement about this citation?
☐ The Governor of Queensland has given Royal assent to this law.

☐ This is an Act of the Victorian Parliament, enacted in 1984, relating to

adoption.
☐ This is a Bill passed by the Victorian Parliament awaiting Royal assent.

22. The citation of an Act contains three important elements. What are they?
Choose the correct answer.
☐ The name of the Act, its purpose and commencement date.

☐ The name of the Act, its date of Royal assent and object.

☐ The name of the Act, the year it was enacted and an abbreviated reference of
the legislature that enacted it.

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Questions 23, 24, 25 and 26 refer to the legislative excerpt below. Read the
legislative excerpt below and then answer the questions.

Tobacco Advertising Prohibition Act 1992 (Cth)

3 Object

(1) This Act is intended to limit the exposure of the public to

messages and images that may persuade them:
(a) to start smoking, or to continue smoking; or
(b) to use, or to continue using, tobacco products.
(2) The object is to improve public health.
…
9 Meaning of tobacco advertisement

Basic meaning

(1) Subject to this section, for the purposes of this Act, a tobacco
advertisement is any writing, still or moving picture, sign,
symbol or other visual image, or any audible message, or any
combination of 2 or more of those things, that gives publicity to,
or otherwise promotes or is intended to promote:
(a) smoking; or
(b) the purchase or use of a tobacco product or a range of
tobacco products; or
(c) the whole or a part of a trade mark that is registered under
the Trade Marks Act 1955 in respect of goods that are or
include tobacco products.

13 Tobacco advertisements not to be broadcast

(1) A person must not broadcast a tobacco advertisement in

Australia or Norfolk Island on or after 1 July 1993 otherwise than
as permitted by section 14.

14 Accidental or incidental broadcast permitted

A person may broadcast a tobacco advertisement if:

(a) the person broadcasts the advertisement as an accidental
or incidental accompaniment to the broadcasting of other
matter; and

(b) the person does not receive any direct or indirect benefit
(whether financial or not) for broadcasting the advertisement
(in addition to any direct or indirect benefit that the person
receives for broadcasting the other matter).

26A Broadcast or publication of advertisements during flights of

aircraft

It is not an offence against this Act to broadcast or publish a tobacco

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 advertisement in an aircraft during a flight of the aircraft unless the
flight begins at a place in Australia and is intended to end at another
place in Australia.

23. Big TV Station (BTV) broadcasts a popular Sydney tennis tournament. A

number of spectators in the crowd wear caps prominently displaying the
registered trade mark of Big Cigarette Manufacturer (BCM). During the
broadcast, whenever the TV cameras show the players serving, these
spectators are also visible on screen. Has BTV breached section 13 of the
Tobacco Advertising Prohibition Act by broadcasting the caps (and trade
marks) on screen? Choose the answer that best reflects the legal position on
this issue.
☐ Yes, because the broadcast footage gave publicity to a registered trade mark
in respect of goods that are tobacco products.
☐ Yes, because the broadcast footage would promote smoking and so would be
detrimental to public health.
☐ No, because the tobacco advertising by BTV was only an accidental or
incidental accompaniment to its broadcast of the tennis tournament.

24. Referring to the facts in question 23 above, would your answer be different
if BCM had entered into a contractual arrangement with BTV under which it
paid BTV a fixed sum on each occasion the spectators with caps bearing its
trade mark were shown during the broadcast? Choose the answer that best
reflects the legal position on this issue.
☐ Yes, because BTV would be receiving a financial benefit for the footage.

☐ No, because the footage showing spectators wearing caps with BCM’s name
would still only be incidental to the broadcast of the tennis tournament.
☐ No, because people are unlikely to be persuaded to smoke because of
commercial arrangements between TV stations and tobacco manufacturers.

25. John owns a large empty block of property on a main road. Thousands of
cars drive by each day. Big Cigarette Manufacturer (BCM) offers John $5000
if John is prepared to allow them to build a large statue at the front of the
property, facing the main road, that could be seen by traffic. The statue
would be of an opened packet of BCM cigarettes. John agrees to allow the
statue to be built on his property for the agreed fee. Has John contravened
the Tobacco Advertising Prohibition Act? Choose the best answer.

☐ A key question will be whether the statue falls within the definition of
‘tobacco advertisement’ within section 9 of the Act. Using the literal and

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 purpose approaches to statutory interpretation, it is likely that the statue
would fall within the definition of ‘sign, symbol or other visual image’ and it is
therefore possible that John has breached section 13 of the Act by allowing
the statue to be built on his property.
☐ A key question will be whether the statue falls within the definition of
‘tobacco advertisement’ within section 9 of the Act. This is a rare case in
which the golden rule of statutory interpretation would be applied, to ensure
that the word ‘symbol’ was given the definition of statue. Therefore it is
possible that John has breached section 13 of the Act by allowing the statue
to be built on his property.
☐ This will depend on whether the statue falls within the definition of ‘tobacco
advertisement’ within section 9 of the Act and whether John accidentally
‘broadcasted’ the statue under section 14 of the Act. While it is likely that
the statue falls within the definition, in this case, as John had no intention of
promoting smoking, and does not appear to have received a financial benefit,
there has been no breach of section 14.

26. The broadcast of a tobacco advertisement takes place on a direct flight from
Melbourne to Shanghai. Has an offence against the Tobacco Advertising
Prohibition Act been committed? Choose the answer that best reflects the
legal position on this issue.
☐ Yes, because the tobacco advertising is still damaging the health of people
who have been in or are connected with Australia.
☐ Yes, because the advertisement is a tobacco advertisement.

☐ No, because the Tobacco Advertising Prohibition Act is not contravened in

situations where a tobacco advertisement occurs on a flight starting in
Australia and landing outside Australia.

27. Refer to the Tobacco Advertising Prohibition Act again. Which Australian
legislature passed this statute?
☐ The New South Wales legislature

☐ The Norfolk Island legislature

☐ The Commonwealth legislature

28. Recall the “purpose” section in section 3 of the Tobacco Advertising

Prohibition Act. Identify the incorrect statement about this section.
☐ It outlines the broad objectives of the Act as a whole.

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☐ It is just a general, aspirational statement which has no legal significance.

☐ It is potentially helpful in interpreting ambiguous provisions in the Act.

29. If the government wished to amend the Tobacco Advertising Prohibition

Act, how could this be done? Choose the correct answer.
☐ By the enactment of legislation in the Commonwealth Parliament amending
the Act and then seeking Royal assent for the legislation.
☐ By having changes to the Act passed by the House of Representatives.

☐ By seeking a ruling from the High Court.

30. When judges have to decide on the meaning of legislation, they rely on a
number of legal rules to assist them. Which one of the following is not such
a rule?
☐ Give words in legislation their ordinary and natural meaning.

☐ Words in legislation need not be given their ordinary meaning if this

produces an absurd result.
☐ Words in legislation are to be construed consistently with the overall purpose
or underlying objective the legislation is intended to achieve.
☐ Words in legislation must always be interpreted so as to produce a fair result.

31. When judges decide cases they sometimes create new precedents. Which
one of the following is not one of the ways in which they do this?
☐ By declaring a rule originating in natural law to be a part of Australian law for
the first time.
☐ By clarifying the meaning of an existing law that is unclear or ambiguous.

☐ By extending the application of the law to a new kind of case.

☐ By following established principle in a case.

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32. Identify the correct statement.
☐ Common law and equity can be collectively referred to as “statutory law”.

☐ All Australian courts apply the rules of both equity and the common law.

☐ In Australia, there are separate common law courts and courts of equity.

☐ No courts in Australia apply the rules of both the common law and equity
when deciding cases.

33. What is the main difference between civil cases and criminal cases? Identify
the correct answer.
☐ Civil cases are always conducted in a polite way, whereas criminal cases are
not.
☐ In civil cases courts punish those found guilty of breaching the criminal law,
whereas in criminal cases they generally award damages.
☐ In civil cases courts provide a remedy for the breach of a legal right, whereas
in criminal cases they punish those found guilty of breaching the criminal law.

34. Identify the correct statement.

☐ A case coming before a court for the first time is known as an “original”
hearing.
☐ In “original hearings”, the courts are called upon to be decide cases which
involve a novel issue of law.
☐ A decision of a higher court may only be appealed against in a lower court if
both courts are in the same court hierarchy.
☐ The closing argument of a lawyer before the court makes its decision is
known as an “appeal” hearing.

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35. What does the date in the highlighted line in the page shown below signify?
Cohen v Cohen (1929) 42 CLR 91

HIGH COURT OF AUSTRALIA

4 June 1929

Dixon J.

This action was commenced on 25th May 1928, and is brought by a wife who is a
resident of New South Wales against her husband who is a resident of Victoria. She sues
upon six different causes of action for six several sums of money which amount in all to
£1,200. The plaintiff and the defendant were married in England in July 1918…..The
plaintiff's next claim is for £275 arrears of dress allowance. She says that before their
marriage she suggested to her husband that he should give her the same amount for pin-
money as her sister received from her husband, namely, £100 a year, and that it should
be paid quarterly in sums of £25. She says that he promised her that he would make her
this allowance, and that in fact he did pay her £25 a quarter until January 1920…..

☐ The date the proceeding was first commenced.

☐ The date judgment was given.

☐ The date the court heard argument from counsel.

☐ The date of the appeal to the High Court.

36. Consider the citation for Cohen v Cohen (1929) 42 CLR 91. What does the
number “91” in the citation indicate?
☐ The total number of pages in the volume in which the judgment is reported.

☐ The page number the judgment commences in the volume of the

Commonwealth Law Reports containing the judgment.
☐ The volume number of the Commonwealth Law Reports in which the
judgment is found.

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37. What is a law “report” of a case? Choose the correct answer.
☐ A journalist’s account of the court proceedings.

☐ A newspaper article about the court proceedings.

☐ A written record of a court decision, which contains the facts of the case, the
relevant law the judges applied and their reasons for judgment.

38. Which one of the following statements about the court hierarchies existing
in Australia is incorrect?
☐ The highest ranking court in all Australian jurisdictions is the High Court.

☐ A decision of the Victorian Court of Appeal can be appealed to the High Court.

☐ In Tasmania, the intermediate level court is called the District Court.

☐ In Victoria, the intermediate level court is called the County Court and the
lower level court is called the Magistrates Court.

39. Which of the following statements most accurately describes the doctrine
of precedent?
☐ Cases of the same type must be decided in the same way.

☐ Previous decisions of a superior court bind a lower court in the same court
hierarchy if the material facts of the two cases are sufficiently similar.
☐ Different cases ought to be decided in the same way if this gives a fair result.

40. Which of the following statements most accurately describes what the ratio
decidendi of a case is?
☐ The specific rule of law the court has applied to the material facts of the case
to arrive at its decision.
☐ A statement in the judgment of the court on the interpretation of a provision
and its application to a hypothetical set of facts.
☐ An historical discussion of the rule of law relevant to the case.

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