Examination

The paper consists of three sections:

Section 1 – Multiple Choice Questions – 20 Questions (2 marks each)

Section 2 – Short Response Answers – 3 Questions (12 marks each)

Section 3 – Essay Questions – 4 Questions (6 marks each)

Section 1

Multiple Choice Question - 20 Questions (2 marks each)

1) A principle that provides for checks and balances between the arms of government in Australia.
(choose 1 answer)
A. Rule of Law
B. Separation of power
C. Division of power

2) Select all options that are considered to fall under civil law
A. Constitution Law
B. Property Law
C. Family Law
D. Criminal Law
E. Contract Law
F. Torts

3) What type of Criminal jurisdiction is NT? (choose 1 answer)

A. “Code” Jurisdiction
B. “Common Law” Jurisdiction
In the below scenario,

4) (Choose 1 answer) Donoghue can file a civil case of

A. Negligence against her friend
B. Breach of contract against her friend
C. Negligence against the ginger beer manufacturer

5) (Choose 1 answer) In the ‘Donoghue v Stevenson’ case, Lord Atkin stated: You must take reasonable
care to avoid acts or omissions which you can reasonably foresee would be likely to injure persons
who are so closely and directly affected by my act that I ought to have them in [mind] when I am
[considering these] acts or omissions); this is the
A. Rule of Law
B. Neighbor Principle
C. Conditions in a Contract

6) (Choose 1 answer) The provisions in relation to causation generally state that a determination
whether negligence caused harm comprises of two elements:
A. Factual Causation and Scope of Liability
B. Immunity to Harm and Defences
C. None of the Above
7) (Choose 1 answer) Australia is a:
A. Representative Democracy
B. Constitutional Monarchy
C. All of the above

8) Choose all the court structures that exist in NT:

A. Supreme Court
B. Local Court
C. District Court
D. NT Court of Appeal
E. High Court of Australia

9) Choose all those applicable that the Parliament consists of:

A. Queen (represented by the Governor General), senate, house of representatives
B. Queen (represented by the Governor General), Ministers, senate
C. Queen (represented by the Governor General), Prime Ministers, house of representatives

10) Select all the Summary Offences:

A. Murder
B. Loud noise at a party in your house after midnight
C. Drink Driving
D. Spray painting a park bench
E. Trafficking 20 kg cocaine
F. Threatening to damage someone’s car
11) (Choose 1 answer) What does actus reus mean?
A. Guilty act
B. Intent
C. Fault Element

12) (Choose 1 answer) Who is the current monarch of Australia?

A. Diana
B. Elizabeth II
C. Scott Morrison

13) (Choose 1 answer) The law that gives government ministers and others the power to make decisions
about the details of laws passed by the Australian Parliament, is
A. Executive Law
B. Common Law
C. Delegated Law

14) (Choose 1 answer) The chief minister of NT is

A. Natasha Fyles
B. Michael Gunner
C. Scott Morrison

15) (Choose 1 answer) What is concurrent power?

A. Power only the Commonwealth has
B. Power only the State has
C. Power both the Commonwealth and State have

16) (Choose 1 answer) Laws on immigration, currency, and defence are examples of:
A. Residual Powers
B. Exclusive Powers
C. Concurrent Powers

17) (Choose 1 answer) Laws on public Health, education and housing are examples of:
A. Residual Powers
B. Exclusive Powers
C. Concurrent Powers

18) (Choose 1 answer) Who has the burden of proof in Civil Law?
A. Plaintiff
B. Defendant
C. All of the above

19) Choose all those that fall under torts:

A. Negligence
 B. Breach of contract
C. Divorce
D. Defamation
E. Assault
F. Battery

20) (Choose 1 answer) An example of a form of presidential system is seen in:

A. Australia
B. UK
C. USA
 Section 2

Short Responses - 3 Questions (12 marks each)

Answer all parts of Questions 1 to 3

1)

We were inspired to launch the project out of an interest in the legislative and in policy
developments around the COVID-19 crisis in Australia,” the group said in a Q&A. “We understood
that the health crisis must be addressed, but [we] were concerned that the measures taken in
response to the short-term crisis may cause longer-term harms. The group said the impact of
COVID-19 has witnessed new public health laws created to curb the spread of the disease, which has
had a direct impact on the freedoms and liberties of many.

a) What is the rule of law and why is it important (list 3 points)? (4 marks)
b) From the above statement, explain how the rule of law was affected? (2 marks)
c) Identify the branch of government that creates laws and policies. (1 marks)
d) List 2 reasons why separation of power is important? (2 marks)
e) Name 6 mechanisms that Australia have built in to avoid over concentration of power. (3 marks)

2)
 a) List 2 differences between democracy and dictatorship and give two examples of each. (5 marks)
b) Explain three benefits of a dictatorship. Why would a dictatorship be ineffective? (5 marks)
c) List the 4 key ideas of Australian democracy. (2 marks)

3)

A pedestrian was crossing the middle of a road with no crossing path without checking to see if there
are cars coming. The pedestrian is then hit by a car and suffered a broken arm. The driver of the car
was on the phone at the time he hit the pedestrian.
 a) In NT, which court would the hearings be held for negligence with damages of around $5000
and why? (2 marks)
b) With reference to the scenario above, outline the 4 basic elements of a negligence claim? (4
marks)
c) What is contributory negligence and explain it with reference to the case above and how will it
affect the plaintiff’s claim? (3 marks)
d) Outline two differences between criminal law and civil law and provide an example. (3 marks)

Section 3

Essay Questions – 4 question (6 marks each)

Answer four question from this section. You must attempt all parts of the question

1) Outline four advantages of a court hierarchy. (6 marks)

2) Explain three differences between legislation and delegated legislation. (6 marks)
3) Identify two courts in Australia — other than the High Court of Australia — and
outline the role of each court. (6 marks)
4) Critically analyse the role of the judiciary in supervising law. (6 marks)
5) Outline why the doctrine of precedent is an important part of the Australian
legal system. Define the two types and provide an example of each. (6 marks)
6) Critically analyse the extent to which Australian parliaments achieve the
functions of law. (6 marks)
7) What is the role of the governor general? List any 10 of his duties. (6 marks)

Marking Criteria
Section 1 - MCQ

1) B – 2 marks
2) B, C, E, F – ½ mark each
3) A – 2 marks
4) C – 2 marks
5) B – 2 marks
6) A – 2 marks
7) C – 2 marks
8) A, B, D, E – ½ mark each
9) A –2 marks
10) B, C, D, F - ½ mark each
11) A – 2 marks
12) B – 2 marks
13) C – 2 marks
14) B – 2 marks
15) C – 2 marks
16) B – 2 marks
17) A – 2 marks
 18) A – 2 marks
19) A, D, E, F – ½ mark each
20) C – 2 marks

Section 2 – Short Answers

1)
a) 1/2 mark each – (1) that the people (including, one should add, the government) should be ruled
by the law and obey it and (2) that the law should be such that people will be able (and, one
should add, willing) to be guided by it.”

Any 3 points – 1 mark each

-All persons and organisations including the government are subject to and accountable to the
law
-The law is clear, known, and enforced
-The Court system is independent and resolves disputes in a fair and public manner
-All persons are presumed innocent until proven otherwise by a Court
-No person shall be arbitrarily arrested, imprisoned, or deprived of their property
-Punishment must be determined by a Court and be proportionate to the offence

b) that laws apply equally to everyone in a democracy, even the most powerful government
officials and elected leaders. The executive branch created the law – 1 mark
It also means that laws are created through a predetermined, open, and transparent process,
not by the whim of the most powerful members of society. Government was not transparent. –
1 mark

c) Legislature. – 1 mark

d) 1 mark each

-prevent the abuse of powers

- check and balance - The Legislature checks the Executive, The Opposition exercising Control, Judiciary
checks Legislature

e) Constitutions and conventions; the bicameral system; multiple political parties; elections; the
media; courts and tribunals; the federal system itself; and the active, ongoing participation of
citizens. (6 needed – ½ mark each)

2) a) Any 2 points - 2 marks each

Democracy
leader of the party with the most votes is in
control, but they still have to answer to
their political party, and the voters
Dictatorship
just one leader who has total control over
the party and the country. Often
propaganda, as well as genuine support,
will paint them as the people’s hero.
 political parties represent different points
of view and compete for the votes of the
electorate
newspapers are free to print the truth and
can criticise the government
less control over the films and books
people can enjoy
government has less control over how
people spend their time and what they
believe
(2 examples- ¼ mark)
Eg. USA, Australia, UK, India, Canada
government tightly controls all aspects of
the state and will often ban or tightly
control groups and meetings.
completely disregards the rights of
individual citizens. The government and
state will try to control all citizens through
laws, police, spying and force.
there is only one party – all opposition is
destroyed and banned. Totalitarian states
don’t allow opposition or elections.
government in a dictatorship controls every
element of people’s lives, including radio,
cinema and newspapers
(2 examples- ¼ mark)
Eg. Hitler rule, Soviet Union rule under
Stalin, Cuba , Iraq under Saddam Hussein,
North Korea under Kim Jong-un

b) Choose 3 points – 1 mark each

Low crime rates

Rapid progression
Efficient administration
stable government
less space for corruption amongst citizens
very crucial during the times of emergency. Because there’s only one person taking the
decision so there’s no last moment ambiguity in opinions. However in case something goes
wrong the person responsible is only blamed.
c) ½ mark each
- Active and engaged citizens—Citizens have a voice and can make changes in society.
-An inclusive and equitable society—We work towards a society where everyone is
respected and free.
-Free and franchised elections—We get to stand for election and choose who makes
decision on our behalf.
-The rule of law for both citizens and the government—Everyone is equal before the law and
must follow the law.

3)
a) Local court – 1 mark
Why - The Northern Territory Local Court as it is sometimes referred, can determine civil
complaints involving debt recovery, damages, or other actions to the value of $100,000. – 1
mark
 b) A duty of care existed between the driver and the claimant; (1 mark)
The driver breached their duty of care responsibilities; (1 mark)
Injury (broken arm) was suffered due to the negligent act or failure to exercise duty of care;
(1 mark)
A compensation claim for damages is established. (1 mark)

c) Contributory negligence is the plaintiff's failure to exercise reasonable care for their
safety. Here the plaintiff did not check while crossing the road without a crossing path. – 2
marks
Contributory negligence could reduce the plaintiff's compensation if their actions increased
the likelihood of the incident occurring. -1 mark

d) 2 points – 2 marks and example – 1 mark

Civil Law Criminal Law

Definition: Civil law deals with the disputes between individuals, Criminal law is the body of law that deals with crim
organizations, or between the two, in which the legal punishment of criminal offenses.
compensation is awarded to the victim.

Burden of “Preponderance of evidence” The burden of proof falls “Beyond a reasonable doubt”: Burden of proof is a
proof: on the plaintiff. One must produce evidence beyond the state/government.
the balance of probabilities.

Examples: Landlord/tenant disputes, divorce proceedings, child Theft, assault, robbery, trafficking in controlled su
custody proceedings, property disputes, personal murder, etc.
injury, etc.

Type of Civil litigation usually involves some type of A guilty defendant is punished by incarceration an
punishment: compensation for injuries or damages as well as fines, or in exceptional cases, the death penalty. C
disposition of property and other disputes. divided into two broad classes: Felonies and
Misdemeanors.

Case filed by: Private party Government/State

Appeal: Either Party Only Defendant

Jury: See state laws, doesn’t have to be unanimous Unanimous Decision

Section 3 – Essay Answers

1) a) 4 points required – 1 1/2 mark each

The doctrine of precedent. The doctrine of precedent is reliant on the existence of a court hierarchy.
The judgements of superior courts are binding on lower courts, so without a clear hierarchy, this system
would be unworkable. Binding precedents allow for the law to be decided and applied with consistency
and fairness to all.
Appeals. Court hierarchies allow for the hearing of appeals. If a defendant, plaintiff or prosecutor is
dissatisfied with the outcome of a trial, he or she has the automatic right of appeal to a higher court.
Without a court hierarchy, reviews would have to be conducted in specialist appeals courts, which may
invite its own problems.

Locality. In every jurisdiction, there are more inferior courts (Magistrate’s and Local Courts) spread
across a wider area. This allows the courts to deal with relatively minor matters, without defendant,
plaintiff, witnesses and legal representatives having to travel extensively. Many also consider it
appropriate that minor criminal matters, which are often crimes against property or public order, be
dealt with in the community where they occurred.
Specialisation. Since a court’s position in the hierarchy determines the type of cases it will deal with,
courts can develop experience in dealing with these cases. Courts, magistrates and judges become well
versed in dealing with certain types of criminal cases or civil disputes. As a result, they become familiar
with the legislation, precedents, legal principles and court procedures that apply to these cases. That
means there is often less need for research or consideration, which ‘speeds up’ trials and hearings,
saving time and money. Hierarchies also allow for diversification and creation of specialist courts for
dealing with children, family law, drug offences and Koori offenders.
Expertise. Intermediate and superior courts, and particularly the judges who oversee them, are usually
better equipped to handle cases involving greater factual and legal complexity. Only judges with
considerable experience and expertise as lawyers – and sometimes as magistrates/judges in inferior
courts – are appointed to the bench of the Supreme Court. They are therefore better placed to
understand cases involving serious charges, such as murder, or complex points of law.

2) 3 points - 2 marks each

a) Delegated legislation can be made very quickly and taken away very quickly, whereas parliamentary
laws have to go through the whole process in both houses and gain royal assent before they come into
force.

b) Delegated legislation can also be declared void by judges at judicial review if it was "ultra vires"
(beyond the powers) or unreasonable - whereas the courts cannot question a parliamentary law.

c) The House of Commons is the most powerful part of parliament because members are elected by the
public. Most bills are started here, and that means the parliamentary law making process is democratic.

d) Delegated legislation, on the other hand, is often made by people who are not elected. For example,
bylaws made by private companies and some charities, such as the National Trust, to regulate the use of
their land.

e) Delegated Legislation can only exist in relation to an enabling or parent Act. Legislation creates the
main act or parent act.

3) Choose 2 courts – 3 marks each court

Federal Court of Australia -The Court is able to hear cases in relation to human rights, bankruptcy,
native title, workplace relations, trade practices, intellectual property and consumer protection. It also
has the power to review some federal government decisions in areas such as social security,
immigration and taxation. The Federal Court does not have a criminal jurisdiction. The Federal Court sits
in all capital cities and elsewhere in Australia when necessary.

The Local Court may deal with a matter in its entirety, in which case the magistrate makes all decisions
and judgments. Local court trials do not use a jury system. The Local court may decide that a matter
should go to a higher court for trial and whether that should be the Supreme Court. The Local Court may
hear civil matters if the amount in dispute is less than $100,000.

The Supreme Court hears serious criminal matters such as murder, manslaughter and serious drug
offences, and civil matters where the amount in dispute is greater than $100,000. Its Court of Appeal
division hears appeals from the Trial Division of the Supreme Court, the District Court and the
Magistrates Court. All Supreme Court criminal trials are heard before a jury (save in some cases where
Judge only trial may occur). The Court of Appeal generally sits as a panel of three judges.

4) - Judicial power or the power of courts involves resolving disputes about matters involving legal
rights and obligations. Such disputes include disputes about the lawfulness of executive action.
(1 mark)

- power of the judiciary to determine the lawfulness of legislation. courts of Australia to rule on the
constitutional validity of laws. This task assumed by the highest court in Australia, the High Court of
Australia, although there are cases in which such determinations have been made by magistrates courts,
usually followed by appeals to the High Court. (2 mark)

- It upholds peace, order and good government. (1 mark)

- Citizens look to the judiciary to uphold their rights and governments look to the courts to interpret
laws. (1 mark)

- The judiciary must act without fear of powerful interests, and without favouring individual parties. A
court’s ability to deliver justice depends on its power to enforce its rulings. (1 mark)

5) The ‘doctrine of precedent’ is the rule that a legal principle that has been established by a
superior court should be followed in other similar cases by that court and other courts. It
promotes consistency in decision-making by judges, on the basis that like cases should be
determined in a like manner. (2 mark)

-two kinds of precedent: binding and persuasive.

+Binding precedent: A precedent is ‘binding’ on a court if the precedent was made by a superior court
that is higher in the hierarchy of courts. (1 mark)

For example, decisions of the High Court are binding on all courts in Australia, but a decision of the
Supreme Court is not binding on the High Court, and a decision of the District Court is not binding on the
Supreme Court. (1 mark)
Persuasive precedent: A precedent is ‘persuasive’ if it was established by a superior court that is not
higher in the hierarchy of courts. This means that the precedent should be seriously considered but is
not required to be followed. (1 mark)

For example, a precedent established by the Supreme Court of Victoria is persuasive but not binding on
the Supreme Court of NT, since these courts are not in the same hierarchy and are of equal authority.
Decisions of superior overseas courts, particularly the superior courts of the United Kingdom, are
persuasive precedents in Australia. (1 mark)

6) What is the function of law? – (3 marks)

There are six (6) main functions of laws in a country. They are to keep the peace in a country, shaping
moral standards, promoting social justice, facilitating orderly change, providing a basis for compromise
and lastly to help in facilitating a plan.

The Parliament makes new laws and amends—changes—existing laws. To make or amend a law,
a bill must be introduced into the Parliament. To become a law a bill must be agreed to by a majority
vote in the House of Representatives and the Senate, and be given Royal Assent by the Governor-
General. A law is then also known as an Act of Parliament.   – 1 1/2 mark

Members of parliament represent their electorates or states/territories by finding out about people's
interests and concerns and by speaking about them in Parliament. Members of parliament
assist constituents who may be having difficulties with issues such as pensions, migration and taxation. -
1 1/2 mark

7) The Governor-General of Australia is the Queen’s representative. In practice, they are Australia’s
Head of State and have a range of constitutional and ceremonial duties. The Governor-General
is also the Commander-in-Chief of the Australian Defence Force.  – 1 mark

10 points from below – 1/2 mark each

Key constitutional duties include:

Presiding over the Federal Executive Council

Facilitating the work of the Commonwealth Parliament and Government

Dissolving Parliament and issuing writs for a Federal election

Commissioning the Prime Minister; appointing Ministers and Assistant Ministers; and swearing-in other
statutory positions

Holding and possibly exercising the Reserve Powers.

The Governor-General is the Chancellor of the Order of Australia and each year approves awards to
recognise the service and contribution of outstanding Australians through the Australian Honours and
Awards System.
Other ceremonial duties include:

Hosting visiting Heads of State and other prominent visitors to Australia

Receiving the credentials of newly appointed Ambassadors and High Commissioners to Australia

Commander-in-Chief duties

The Governor General is the Commander-in-Chief of the Australian Defence Force.

The Governor-General's duties as Commander-in-Chief include:

Through Federal Executive Council, appointing the Chief of Defence Force and Service Chiefs

Commissioning officers in the Navy, Army and Air Force

Presenting Colours, Banners and other Honours to military units and personnel

Visiting military units to acknowledge the service of service personnel

Leading Australia’s response, celebration and acknowledgement at commemorative events.

This includes:

Travelling widely to encourage and acknowledge individuals and groups making a substantial
contribution to the community

Making Government House and Admiralty House available for the benefit of all Australians

Responding quickly and compassionately on behalf of all Australians to natural disasters and events of
national significance

Serving as Patron to national organisations that contribute to society

Sending congratulatory messages to Australians celebrating significant milestones and messages of

support.