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Section A - Read the following passage and answer the multiple choice questions below.
There are only two sources of law in Australia, Parliament (statute law) and the courts (judge-made law).
In Australia, the power to create statute law is divided between the Commonwealth Parliament and the various state parliaments. Certain areas
of power are reserved for the Commonwealth Parliament exclusively, so any law passed by a state parliament that impinges on that exclusive
power is unconstitutional and of no effect. There are certain other areas where both Commonwealth and state parliaments have concurrent
powers to make law about the same matters. This means both state and Commonwealth parliaments may make laws about these matters
covered by these concurrent powers. However, if there is a conflict between a Commonwealth law and a state one, the federal law prevails.
The common law is legally enforceable rules that have been fashioned and adapted by the courts over time. So, while judges do make law,
there are strict constraints on what they can do. The main constraint is that they must adhere to the doctrine of precedent. This means that a
decision of a higher court must be applied by lower courts in the same hierarchy if the case being heard involves the same issue / similar facts
as those in a case previously decided by a higher court. The High Court of Australia is the highest court in Australia.
Where there is a question of conflict between parliamentary law and judge-made law, parliamentary law is always superior.
1. Which one of the following is true?
a) Common law prevails over statute.
b) Statute prevails over common law

c) State parliaments can make any law it wishes

d) Lower courts do not have to follow decisions of higher courts in the same hierarchy

2. Which one of the following is true?

a) Precedent is not a principle of common law
c) Statute Law is made by judges

b) Precedent means that state parliaments can make any law they wish
d) A decision in the highest court in NSW will not be binding on a lower court in Victoria

3. Precedent only applies . (select the one best answer)

a) if there are similar facts to a previous decision
c) if there is a conflict between Commonwealth and state statute
b) if a law is unconstitutional
d) to decisions made by the High Court of Australia
4. Concurrent powers means that.(select the one best answer)
a) both common law and statute applies
c) both precedent and common law applies
b) both courts and parliament can make law
d) both state and Commonwealth parliaments can make laws in the same area
5. Which one of the following is true?
a) If Negligence is not covered by statute, this is an example of common law
b) The Crimes Act Victoria (1958) is an example of Common Law
Tutor Use Only. One mark for each correct response.

c) Statute can be made by senior government executives

d) The High Court and Parliament have concurrent powers
Total Score Section A

/5

Section B: Reading
There are 15 errors in the following passage. Circle each word you think is wrong. Do not circle more than 15 words.
Example
Dave gift his computer to John. This should read: Dave gave (or gives) his computer to John. The wrong word gift is circled.
Ben wants to purchases a second-hand BMW from Jack. In January 2006, during a test drive, which take place prior to the sign of the sale
contract, Jack say that their are no problems of the breaks on the car. However, Ben noticed during this drive that the car were making a noise
when it slowed down. Ben ask Jack whether the car would requires substantive repairs in the future. Jack states that the car would not needed
any repairs in the immediate future. Ben buying the second-hand BMW for $22,000. At the time of the purchasing Jack told Ben that the car
was only three years old. Ben think the prices of the BMW is very good so decided to buy it.
Tutor Use Only. One mark for each error correctly circled. Only first 15 circles
counted if more than 15 are circled.

Total Score Section B

Total Score Overall

/15
/20