RMIT commercial law MCQ Test bank Part 1
Might not be 100% the same or correct but hope it helps. good luck
• Question 1
1 out of 1 points
C: the federal courts, from lowest to highest are the federal magistrates court, family court, f…court, full court of the federal court and the high court.
Which of the following answers correctly names the courts in the federal court hierarchy, in order from lowest court to highest?
• Question 2
1 out of 1 points
c:This is a matter involving a potential breach of contract, which is a civil matter. Randall has potentially lost $10,000. He should take his case to the magistrate court in Melbourne which hears civil matter involving up to $100,000.
Randall works as a plumber in the eastern suburbs of Melbourne and he has paid a $10,000 deposit to a car dealer for a new Nissan utility, which will cost $50,000 in total, a very good price for that model car. He has been waiting for the car to be delivered by the manufacturer for two months and recently the car dealership closed its business. Worried that he has lost his money, Randall wants to take the dealer to court.
Which of the following answers best explains where Randall should take his case?
• Question 3
1 out of 1 points
B: |Ans have 4 lines. (longest ans)
Which of the following best describes the impact of the Australian Constitution on Australia’s government and legal system?
• Question 4
0 out of 1 points
A:However, they may choose to follow it as persuasive precedent.
The Court of Appeal of Victoria overrules a decision of the Supreme Court of Victoria regarding a contract dispute. Will the New South Wales Supreme Court and English courts that hear civil matters be affected by the decision?
Which is the best answer?
• Question 5
1 out of 1 points
b :tyranny
Democratically elected governments do not have unlimited power over their citizens. The Australian Constitutionis based on the doctrine of separation of powers, which is a mechanism to limit the power of each branch of the Australian government. Which of the following statements best describes how the Constitution does this?
• Question 6
1 out of 1 points
B:parliament passes, amend and repeal law.
The Australian Commonwealth government has three branches: Parliament, the executive and the judiciary, each with its own constitutional powers and functions.
Which of the following best describes the functions of each branch of government?
• Question 7
0 out of 1 points
b wrong (c longest answer might be correct) **
Which of the following statements best explains why it is necessary for the Victorian government to make a law that prohibits the killing of another human being when most people know it is wrong?
• Question 8
0 out of 1 points
D wrong, (might be C, the longest answer)
What is the commencement date of an Act and why is it important?
Which is the best answer?
• Question 9
1 out of 1 points
c (relationship between citizen n state)
Public law is concerned with:
• Question 10
1 out of 1 points
D:commonwealth of australia
The Australian Constitution was established by the:
• Question 11
1 out of 1 points
D:when a law of common wealth
The Australian Constitution lists a number of concurrent powers at section 51. Which of the following statements is not correct concerning concurrent powers?
• Question 12
0 out of 1 points
The Federal government compulsorily acquires Tom's land as the proposed site for a new freeway. He is not compensated. Tom may be able to challenge the acquisition on the ground that:
Ans:, entitled to just compensation)
• Question 13
1 out of 1 points
Which of the following is not a proper description of a stage through which a Bill must successfully pass in order to be passed by the Lower House?
D:the third reading stage
• Question 14
1 out of 1 points
The head of state of the Commonwealth of Australia and of the various States and Territories is the:
B: king or queen of england
• Question 15
1 out of 1 points
Julian is a keen cyclist. He is given some lycra bike pants pursuant to an agreement with his sponsor. He does not need the pants and casually asks his workmate Jeremy whether he would be interested in them. Jeremy says that he is and Julian delivers them to Jeremy's apartment. The next day Julian emails Jeremy asking him to transfer $500 into his bank account in payment for the bike pants. Jeremy refuses and Julian threatens legal action. The principal legal issue for determination by the court will be:
A: binding contract
• Question 16
1 out of 1 points
Ash promises to meet Johnny for a beer, but never shows up. Ash's conduct is:
B: unethical, legal
• Question 17
1 out of 1 points
D: encouraging
Which of the following would not be regarded as a purpose of the law?
• Question 18
1 out of 1 points
The 'residual' powers of the State parliament are:
D: Only state parliament may make law
• Question 19
1 out of 1 points
According to the doctrine of responsible government:
C: the ministers
• Question 20
1 out of 1 points
In his country of origin Nigel is not permitted to exercise any legal rights because of his racial heritage. It appears that his country is not governed in accordance with:
C: rule of law
• Question 1
1 out of 1 points
The following extract is a part of the Competition and Consumer Act 2010 (Cth), (CCA). Which answer best explains what the numbers mean and how this should be cited?
20 Unconscionable conduct within the meaning of the unwritten law
(1) A person must not, in trade or commerce, engage in conduct that is unconscionable, within the meaning of the unwritten law from time to time.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(2) This section does not apply to conduct that is prohibited by section 21 or 22.
Ans: Longest answer with 3 lines
• Question 2
1 out of 1 points
Which of the following statements best describes the difference in how statute law and common law are made?
Ans:c statute law is enacted law
• Question 3
0 out of 1 points
Which of the following statements about the function of law in Australian society is incorrect?
Ans: wrong( the commonwealth gov) (wrong: might be law is the means by which the demo….)
(might be: lawis used….. unlimited power)
• Question 4
1 out of 1 points
Why is it important to know the commencement date of an Act when you are applying it to solve a legal problem?
Ans: C( important to know commencement act …. Because it will only apply to a legal problem)
• Question 5
1 out of 1 points
The Australian Constitution established the High Court of Australia and sets out the Court’s powers. Which of the following statements best describes the role of the High Court?
Ans:B role of high court is to hear matter in its original juri
• Question 6
0 out of 1 points
Which of the following answers correctly names the courts in the federal court hierarchy, in order from lowest court to highest?
Ans: C is wrong( correct ans: the federal court)
• Question 7
1 out of 1 points
Which of the following statements best explains why it is necessary for the Victorian government to make a law that prohibits the killing of another human being when most people know it is wrong?
Ans: Super long
• Question 8
1 out of 1 points
The state governments each have a constitution which sets out the structure of government and provides the power to make legislation. Where the Australian Constitution has given the Commonwealth Parliament exclusive legislative powers, such as the power to impose customs and excise duties in section 90, do the states have the power to legislate with regard to the same subject matter?
Which is the best answer?
Ans:a, set out a limited number of exclusive
• Question 9
1 out of 1 points
The law is a living, growing thing that constantly changes. Which of the following cannot be regarded as a force for change?
Ans:d, the notion
• Question 10
1 out of 1 points
Constitutional law is a category of public law concerned with:
Ans:c, regulating the relationship
• Question 12
1 out of 1 points
Tort law:
Ans:c , provides a remedy
• Question 13
1 out of 1 points
According to the doctrine of responsible government:
Ans:c the ministers,
• Question 14
1 out of 1 points
Which of the following statements is incorrect? The doctrine of precedent:
Ans:b, it can lead to absurd
• Question 15
1 out of 1 points
The purposive approach has been criticized as an inappropriate rule of interpretation because:
Ans:b, it is seen as an attempt
• Question 16
1 out of 1 points
According to the literal rule of legal interpretation:
Ans:D we should always read a legal text
• Question 17
1 out of 1 points
Under Australia’s federal system of government:
i. There are two levels of government: the Federal government and the various State governments.
ii. Power to govern is shared between the Federal and the State governments.
iii. The two levels of government are not subordinate to each other, but are ‘partners’.
Ans:d 1,i,ii,iii
• Question 18
1 out of 1 points
Private law is concerned with the relationships between citizens within the community, and includes:
i. Contract law and tort law.
ii. Competition law and consumer law.
iii. Commercial law and partnership law.
iv. Employment law.
Ans:d, all
• Question 20
0 out of 1 points
Maurice slipped on a lettuce leaf left on the supermarket floor. He injured his ankle. He intends to bring a claim for damages against the owner of the supermarket. Which of the following facts will be least relevant to Maurice proving his claim?
Ans: the supermarket owner did not offer any assistance
• Question 1
1 out of 1 points
The following extract is part of a section of the Competition and Consumer Act 2010 (Cth). Which answer best explains why Acts contain a definitions section?
95AB Definitions
In this Division:--
authorisation means an authorisation granted under this Division
Business day means a day that is not a Saturday, a Sunday, or a public holiday in the Australian Capital Territory.
B: The legal
• Question 2
0 out of 1 points
Which of the following answers best explains whether the Victorian Supreme Court can decide on a case that involves a Commonwealth constitutional issue?
Ans: the Victorian sumpreme court cannot hear a case involving a commonweatlth constituitional issue because the aust………….. court of australia
• Question 3
1 out of 1 points
This morning you got dressed, ate breakfast and caught a train to RMIT while texting your friend for the answers to your Commercial Law tutorial questions, which, after attending your tutorial, you discovered were hopelessly wrong.
Which of the following rules that impacted on you is least likely to be legally enforceable?
Ans:the rule that student…… accurate info
• Question 4
0 out of 1 points
The following extract is part of a summary of a case on appeal. Which of the following correctly identifies this case as a civil or a criminal matter and best explains why?
Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11
HIGH COURT OF AUSTRALIA
FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND BELL JJ
Torts > Negligence > Essentials of action for negligence > Duty of care > Reasonable foreseeability of damage > Dangerous things or substances
Duty of contractor supplying and maintaining equipment > extent of duty > to whom duty owed
Ans: (wrong a: this case must involve a civil matter) (correct:longest 2 line answer)
• Question 5
1 out of 1 points
Which of the following answers best explains whether the Victorian Supreme Court can overrule a decision of the Victorian Civil and Administrative Tribunal that approved a liquor licence that allowed a King Street night club to sell alcohol twenty-four hours a day?
Ans:the Victorian supreme court can hear appeal and overrule decision
• Question 7
1 out of 1 points
When answering a legal problem you must support any statement of legal principle with a legal authority, that is, either a case or a provision of an Act. Assume you are using the following case as an authority to support your argument: ACCC v C G Berbatis Holdings Pty Ltd (2003) 214 CLR 51.
Which answer correctly explains what the parts of the reference mean?
Ans: this is a case reference.’v’ for ‘ and’(2 line answer)[choose 3 line answer instead]
• Question 10
1 out of 1 points
'Justice' can best be understood as:
Ans: fairness
• Question 12
1 out of 1 points
According to the 'earlier and later' rule of statutory interpretation:
Ans: a later law will override
• Question 13
1 out of 1 points
In courts within a common law legal system, dispute resolution is carried out in accordance with:
Ans: The adversarial system
• Question 14
1 out of 1 points
The doctrine of precedent states that:
Ans: …… with the earlier decision of superior court
• Question 15
1 out of 1 points
The phrase 'distinguishing the precedent' refers to:
Ans|: the decision of a judge
• Question 16
1 out of 1 points
According to the doctrine of precedent:
Ans: A judge is only obliged….
• Question 19
1 out of 1 points
Australia was initially regarded terra nullius at the time of British settlement, which means:
Ans: land belonging to no one
• Question 20
1 out of 1 points
A particular law might be changed because of:
i. A change in government.
ii. Changing social and moral values.
iii. Old legislation automatically expiring.
iv. The invention of new technologies.
Ans: I,ii,iv
• Question 1
1 out of 1 points
One function of law is to encourage behaviour that benefits society as a whole. With this is mind, how many areas of law impacted on you this morning, as an RMIT University student, if you got dressed, ate breakfast, caught a train to Melbourne while listening to music and texting your friend for the answers to your Commercial Law tutorial questions, used a Library computer to look at Facebook and attended your tutorial?
Which is the best answer?
Ans: super long answer
• Question 2
1 out of 1 points
Which of the following answers best explains what a judge does when she or he distinguishes a case on its facts?
Ans: the doctrine (super long)
• Question 3
1 out of 1 points
Which of the following best describes the impact of the Australian Constitution on Australia’s government and legal system?
Ans: the Australian constituition estaSabvlish the commonwealth (3line)
• Question 6
1 out of 1 points
A function of Australian customs law is to discourage behaviour that adversely affects the flora and fauna of Australia. What behaviour is the main target of the law that punishes travellers with fines or imprisonment when they do not declare plant products that they bring into Australia?
Ans: plant, dieasea , insect
• Question 9
1 out of 1 points
Public law is concerned with the relationship between the citizen and the state, and includes:
Ans: constituitional law and admin law
• Question 10
1 out of 1 points
Private law is concerned with the relationships between citizens within the community, and includes:
i. Contract law and tort law.
ii. Competition law and consumer law.
iii. Commercial law and partnership law.
iv. Employment law.
Ans: I,ii,iii,iv
• Question 11
1 out of 1 points
Lady Justice is the Roman goddess of justice and a personification of justice in the legal system. She is depicted bearing a set of scales. These scales are designed to represent:
Ans: the way which …balance
• Question 12
1 out of 1 points
The Australian Constitution lists a number of concurrent powers at section 51. Which of the following statements is not correct concerning concurrent powers?
Ans: when the law of the common wealth
• Question 17
1 out of 1 points
The Australian legal system differs in some respects from the legal systems of other countries. Select the statement below that correctly describes the Australian system.
Ans: queen of england
• Question 20
1 out of 1 points
The Golden Rule is to be applied when:
Ans: lead to absurd
Question 3
1 out of 1 points
A function of Australian customs law is to discourage behaviour that adversely affects the flora and fauna of Australia. What behaviour is the main target of the law that punishes travellers with fines or imprisonment when they do not declare plant products that they bring into Australia?
Ans: the longest answer
Question 10
0 out of 1 points
Which of the following is a difference between natural law theory and legal positivism?
Ans: (wrong: focus on universal)
Question 14
0 out of 1 points
The purpose of the law is to:
i. Resolve disputes.
ii. Keep the peace.
iii. Preserve and enforce community values.
iv. Ensure that resources and opportunities are distributed fairly within a community.
(wrong: I,ii,iii)(correct:1,2,3,4,)
Question 19
1 out of 1 points
The application of the doctrine of reception in Australia meant that:
Ans: the british settler
Question 3
1 out of 1 points
Where the meaning of a provision in an Act is ambiguous or obscure, what materials are the courts able to look at to assist them to interpret the meaning of an Act or a part of an Act?
Why are these materials useful in explaining how an Act should be applied to a particular set of facts?
Which is the best answer?
Ans:longest 3 line answer
Question 4
1 out of 1 points
If a single judge of the Federal Court, at first instance, declared that a section of the Competition and Consumer Act 2010 (Cth) had a certain meaning, would the Federal Magistrates Court be bound by the Federal Court’s decision? Which is the best answer?
Ans:would be bound to follow the decision
Question 16
0 out of 1 points
There are inconsistencies between schooling systems around Australia because:
Ans: each state
Question 4
1 out of 1 points
The Australian Constitution gives the Commonwealth government power to make legislation in the area of taxation. This is a concurrent power shared with the state and territory governments, which means that the Commonwealth, states and territories may make laws regarding taxation. If the Victorian Parliament passed the fictitious Taxation of Bike Riders Act 2011 (Vic) and parts of this Act were inconsistent with the fictitious Taxation of Recreational Walkers Act 2009 (Cth), which law will prevail: that of the Commonwealth or Victoria?
Which is the best answer?
Ans: the commonwealth will prevail
• Question 5
1 out of 1 points
Where the meaning of a provision in an Act is ambiguous or obscure, what materials are the courts able to look at to assist them to interpret the meaning of an Act or a part of an Act?
Why are these materials useful in explaining how an Act should be applied to a particular set of facts?
Which is the best answer?
Ans: the 3 line longest answer
• Question 8
1 out of 1 points
The state governments each have a constitution which sets out the structure of government and provides the power to make legislation. Where the Australian Constitution has given the Commonwealth Parliament exclusive legislative powers, such as the power to impose customs and excise duties in section 90, do the states have the power to legislate with regard to the same subject matter?
Which is the best answer?
Ans: the Australian constituition sets out a limited number of exclusive….
• Question 9
1 out of 1 points
Which of the following is an argument in favour of the literal approach to statutory interpretation of a legal text?
Ans: the law is made by parliament
• Question 11
1 out of 1 points
Brockwell is the leader of a religious sect. His position requires him to wear a ceremonial sword. He is arrested and charged with carrying a weapon. He seeks to challenge the charge on the grounds that the law contravenes his religious freedom. His defence will rely on:
Ans: constituitional law
• Question 13
1 out 1 of 1 points
Which of the following statements is incorrect? The doctrine of precedent:
Ans:contributes to
• Question 16
1 out of 1 points
The doctrine of reception provides that:
Ans:……… territory previously unoccupied
• Question 18
0 out of 1 points
Which of the following statements is not true of the process of legal reasoning?
Ans: (wrong: in many court hearing)( might be: parties to a legal)
• Question 20
1 out of 1 points
Delegated legislation is:
ANS: rules regulation
The law of contract in Australia is largely based on common law, that is judge-made……………
Ans:common law, also called case law
Paul, $5000, TV, Melbourne
Ans:Victorian, civil administrative tribunal
When a contract is breached, the other person……..
Ans: monetary compensation
Australia’s legal system is a common law legal system based on the:
Ans:british legal system
The Commonwealth Parliament has passed legislation in areas of law that relate to business activities. One Commonwealth statute that regulates commercial and business activities is the Competition and Consumer Act 2010 (Cth) (CCA).
Which one of the following statements about this Act is correct?
This Act..
Ans:
The 'burden of proof' is:
Which explanation best describes the difference between the ratio decidendi of a decision and obiter dicta?
Ans: (wrong: the ratio dicidendi forms the binding precedent)
When used in a legal context the term 'bicameral' refers to:
Ans:upper and lower house
As an employer Johnny must pay payroll tax to:
Ans: (wrong: fed gov)( might be state gov)
Tort law may be classified as:
i Public law.
ii Criminal law.
iii International law.
iv Civil law.
v Domestic law.
vi Private law.
Ans:iv, v, vi