Hey Guys,
I can see there is a lot of argument in regards to the answers of the legal studies multiple choice, and we had the same problem last year. I did legal studies last year and thought I'd absolutely stuffed it up and ended up with a legal studies result of 95, so I suggest that everyone not stress. I attempted this years multiple choice, and at this point think I'm more or less correct on most of them. i'll justify them also.
1. Which of the following is a type of private law?
(D) Tort
--> Civil law is considered private, in contrast to administrative, constitutional and criminal which is dealt with in the public domain and concerns everyone rather than private individuals.
2. What is an essential feature of a just law?
(D) It represents the application of natural justice
--> This option was the most feasible of the four.
3. Which of the following is an example of state soverignty?
(C) A nation making laws for its citizens
--> that is precisely what State Sovereignty mainly involves, so that was fairly obvious.
4. A gym prohibits independent personal trainers from training their clients on its premises. What type of law allows the gym to do this?
(C) Property
--> I don't think it is contract law, because the gym technically doesn't have that right because of a contract per se... but rather because it owns the property and may decide what to do with that property as they wish.
5. Which of the following rights is an example of a collective right?
(D) Self Determination
--> another fairly obvious one, I believe.
6. Kim has been arrested for shoplifting. In a court, he exercises hig right to remain silent. What type of right is he exercising?
(B) Legal
--> The right to remain silent is not enshrined in the constitution and nor is it a civil right. It is clearly a legal right.
7. Which of the following is true of common law?
(A) It is based on precedent
--> It was the most feasible of the four and it is also the most correct.
8. Which of the following has predictability as its outcome?
(A) Justice
--> OK so this one is clearly an argued question. However the rule of law does not conspicuously have predictability as its outcome. According to my Legal Studies Syllabus:
"if an issue is dealt with by the law, how well it is dealt with in terms of ease of access, simplicity, consistency, predictability and delivery of just outcomes".
I think that links most closely with Justice.
9. Which is a feature of legal representation?
(A) It is not guarranteed for everyone.
--> Most feasible of the four and it is also true.
10. Betty earns $5000 a week and Joan earns $100 a week. Both have been fined $100 for fare evasion. What is this an example of?
(D) Equality before the Law
--> This is because in front of the law they are treated the same (equally).
11. The NSW government has passed a law to compensate victims of crime. What is this an example of?
(B) Natural Justice
--> This is another which I believed was controversial. I think this option was the best of the four. It is definitely not an example of common law, because it is not made by Judges. It is also clearly not an example of constitutional law, and it is most probably not a result of the rule of law as it has nothing to do with ensuring the law is known by everyone or that it is not applied arbitrarily. Natural Justice is all about enforcing equality, so that seems to be the most correct answer. But this one was certainly mind boggling.
12. Which feature best illustrates the operation of a civil law system?
(D) Paper submissions are relied on more than oral argument
--> Most feasible and obviously correct of the four.
13. Some Australian citizens have been denied entry to America because of their criminal records. Which law has been applied?
(B) Domestic
--> It has nothing to do with international law, International treaties and it is most likely not private law. It is an example of domestic law because America has imposed its domestic law to stop a foreigner into their country. Its as simple as that.
14. Brian, a New Zealand citizen, has been refused entry into a Sydney hotel because of the colour of his skin. Brian decided to take action against the hotel. Which of the following is best able to enfore Brian's rights?
(D) The Human Rights and Equal Opportunity Commission
--> This was the most correct answer on the basis that the HREOC primarily deals and redresses discrimination cases. A discrimination case never goes straight to the courts, thus the local court was certainly not an option. The Immigration Review and Tribunal primarily deals with visa and refugee cases so that was totally irrelavent. And finally the New Zealand High Commission is totally and utterly irrelevant to Australian domestic law and matters. They have no effect on our law and have no relation.
15. Which of the following is a feature of customary law?
(D) Dispute Resolution
--> I did for a while think it was native title, however in thinking about the custimary law system I guess D would be the best option.
Hope I was of assistance. Good luck with the last few exams and good luck with getting your results. I know it is a stressful period... I was there in your shoes only one year ago, but it will all be over and worth it in the end.
best wishes
