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 PRACTICE BOOK» NOT FOR SALE
Contents

1 LAW AND SOCIETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.1 LAW AND SOCIETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
 1. LAW AND SOCIETY

NARAYAN CHANGDER
1.1 LAW AND SOCIETY
1. How does a civil case arise compared with 4. What is the purpose of laws and rules in a
how a criminal case arises? community?
A. They begin the same way A. To cause chaos and disorder
B. A civil case often begins with a crime B. To benefit only a select few
while a criminal case begins with a fine
C. To maintain order, protect individual
C. A civil case often begins with a lawsuit
rights, and promote the common good.
while a criminal case begins with an ar-
rest D. To limit individual freedom and rights
D. A civil case often begins with an arrest
while a criminal case begins with a lawsuit 5. This is the examination of the facts in
which both the prosecution and the de-
2. Under the principle of “Separation of fense present their case
power”, which branch is responsible for
implementing and administering laws? A. Sentencing

A. The executive branch B. Discovery

B. The juidicial branch C. Grand Jury
C. The application branch D. Trial
D. The legislative branch
6. The right to a fair treatment through the
3. A command in the form of written process normal judicial system, especially as a cit-
requiring a witness to come to court and izen’s entitlement is called
testify
A. Representation
A. Jurisdiction
B. Subpoena B. Miranda Rights

C. Settlement C. Due Process

D. Trial D. Probable Cause

1. C 2. A 3. B 4. C 5. D 6. C
1.1 LAW AND SOCIETY 3

7. The role of the jury in a criminal case is 10. Who may perform an arrest in the United
to determine the guilt of the accused and States?
then to pass appropriate sentence

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A. Law Enforcement (police)
B. Non US Citizen
C. Diplomat
D. EMS

11. Common Law can be best described as:

A. True
B. False

8. What are the rights of citizens in a demo-

cratic society?
A. Rights such as freedom of speech,
freedom of religion, right to vote, right to
a fair trial, and many others.
A. laws made by judges
B. Right to unlimited vacation days
B. laws that regulate how companies act
C. Right to own a pet
C. laws used to decide who has accessto
D. Right to free healthcare for life publicly owned land
9. Which theory states that most people com- D. laws that are prepared by politicians
mit crimes and deviant behaviour but only
some are caught, punished and stigma- 12. Conflict theory (Marx) argues that
tised for them?

A. Only some people are caught for their

criminal behaviour, and are then stigma-
tised
B. We should study the law as actually
practised rather than in theory

A. Realism C. Society is in a state of perpetual con-

flict as indiviudals compete for limited re-
B. Conflict theory sources
C. Consensus theory D. Social change should take place within
D. Labelling theory existing institutions

7. B 8. A 9. D 10. A 11. A 12. C 13. C

1.1 LAW AND SOCIETY 4

13. A case which follows Bentham’s view is 17. Legal realists think that judges decide law
based on
A. A & Others v Sos Home Department A. Statute
B. Murray v UK B. Their own preferences
C. Council of Civil Service Unions v Minis- C. Common Law
ter for the Civil Service D. What star signs the parties are
D. DPP v Majewski 18. When voters want to unseat a politician is

NARAYAN CHANGDER
14. A soon to be law that is getting voted on called
in congress is called A. Jury
A. Ordinance B. Civil Law
B. Law C. Precedent
C. Bill D. Recall

D. Executive Order 19. Sarah is 19 years old and is caught

shoplifting from her local newsagency.
15. What is a problem with Durkheim’s the- This is the first time she has been arrested.
ory? Sarah’s case will be heard in which court?
A. It assumes people will act fairly
B. It accepts inequality
C. It involves acceptance of unjust laws
D. It underplays the importance of indivi-
udal responsibility
A. the District Court
16. Who is this? B. the Summary Offences Court
C. the Childrens Court
D. the Local Court
20. When you don’t like a decision in a lower
court (or if there is an error) you
A. Lie
B. Statute
C. Appeal
D. Precedent
21. What factors affect the amount of bail that
is required?
A. Marx A. The nature of the crime
B. Bentham B. If the defendant has a criminal history
C. Pound C. If the defendant may be a flight risk
D. Jhering D. All of the above

14. C 15. B 16. B 17. B 18. D 19. D 20. C 21. D

1.1 LAW AND SOCIETY 5

22. Juries consist of 12 people who are se- 27. Rule by the masses is
lected based on their knowledge of the le- A. Democracy
gal system.

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B. Dictatorship
C. Monarchy
D. none of above

28. How can citizens contribute to solving so-

cial problems in their community?
A. By isolating themselves from the com-
A. True munity and not getting involved

B. False B. By ignoring the problems and hoping

they will go away
23. The process by which a higher court is re- C. By volunteering, participating in com-
quested by a party to a lawsuit to review munity events, advocating for change, and
the decision of a lower court is: supporting local organizations and initia-
A. A challenge for cause tives.
B. A peremptory challenge D. By blaming the government for all the
social problems
C. A friend of the court
D. Appeal 29. One stage of Referendum is Double Major-
ity. What is Double Majority?
24. When a defendant agrees to plead guilty
A. Voters must be over 18 with no previ-
for a reduced sentence and/or a lesser
ous criminal record
charge.
B. A majority of Australian voting yes and
A. Truth in Sentencing
4 out of 6 states have a majority of votes
B. Nolo Contendere
C. The bill must receive the Royal Assent
C. Plea Bargain from the Governor-General in order to
D. Habeas corpus pass
D. A majority of Australian voting yes and
25. Legal realism recognises the potential for 3 out of 6 states have a majority of votes

A. Absurd decisions 30. A child under the age of 16 cannot be ar-

rested by the police.
B. The tyranny of the majority
C. A self-fulfilling prophecy
D. Inevitable inequality

26. Democracy tend to have

A. More Fair/Equal Laws
B. More crazy/extreme laws
C. Less Fair/Equal Laws
D. none of above

22. B 23. D 24. C 25. A 26. A 27. A 28. C 29. B 30. B

1.1 LAW AND SOCIETY 6

A. True B. An appeal
B. False C. Writing a writ
31. The main role of the High Court is to hear D. Jury selection
cases involving the most serious offences.
35. A document specifying that an offense has
been committed.
A. Indictment

NARAYAN CHANGDER
B. Felony
C. Complaint
D. Misdemeanor

A. True 36. In the Australian Constitution, residual

powers are:
B. False

32. A person who testifies about what he ob-

served
A. Judge
B. Paralegal
C. Attorney
D. Witness
A. the powers held by the Commonweath
33. The Australian Constitution can be changed
Government
when:
B. the powers held by the State Govern-
ments
C. powers to change statutory laws
D. the right of parliament to dismiss
judges

37. After the judge first sees you he lets you

know that you can be released until your
A. the Australian Parliament receives the trial as long as you put up money or prop-
approval of the Governor General erty to assure your appearance in court,
B. the majority of the state parliaments which can also be lost if you don’t appear
agree to change at your court date. The judge says it will
C. a bill is successfully passed by the Aus- be $5, 000.What are they talking about?
tralian Parliament A. Bail
D. a referendum is successful B. Plea Bargaining
34. Vior dire is also known as: C. Hearing
A. Prosecuting a case D. Time log

31. B 32. D 33. D 34. D 35. C 36. B 37. A 38. A

1.1 LAW AND SOCIETY 7

38. What type of law needs proof “beyond a 43. What marks the beginning of the criminal
reasonable doubt” process?

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A. Criminal Law A. Being arrested by a police officer.
B. Civil Law B. Getting stopped by a police officer, but
not yet arrested.
C. Military Court
C. Having a court date for a crime being
D. All Courts
determined.
39. The Commonwealth executive includes the D. Being charged with a crime.
Federal Cabinet, the Governor General and
the Prime Minister. 44. Mens rea means ‘guilty mind’, meaning
that the accused must have knowingly
committed a crime.

A. True
B. False

40. About what percentage of cases end up in A. True

trial? B. False
A. 5% 45. What are some ways to address social
B. 10% problems in a community?
C. 15% A. Building more shopping malls
D. 20% B. Ignoring the issues and hoping they go
away
41. Give an example of a law or rule that helps C. Encouraging individualism and compe-
maintain order in your community. tition
A. Laws against wearing hats D. Implementing education and aware-
B. No laws or rules in my community ness programs, creating support sys-
C. Laws about the color of houses tems and resources, advocating for pol-
icy changes, and promoting community in-
D. Speed limit laws volvement and collaboration
42. The idea that the Federal government has 46. The act of advocating for a policy/item to
the final say on laws is congress
A. Divine Clause A. English Common Law
B. Supremacy Clause B. Jury
C. Power Clause C. Bribery
D. Executive Order D. Lobbying

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1.1 LAW AND SOCIETY 8

47. What are some common social problems 51. What type of law might you use to sue for
that affect communities? a divorce
A. High employment rates A. Criminal Law
B. Poverty, crime, inequality, discrimina- B. Civil Law
tion, lack of access to education or health- C. Military Court
care
D. Any Court
C. Lack of access to public transportation

NARAYAN CHANGDER
52. Who has the best facial hair?
D. Overpopulation

48. When was the Australia Constitution Act A.

created?
A. 1900
B.
B. 1880
C. 1901
D. 1902
C.
49. As a result of civil war a country is left
with no effective government. Members
of society do whatever they want and
many laws are broken. This country now
D.
has a political system based on:

53. Labelling theory argues that

A. Stigmatising those who get caught cre-
ates a self-fulfilling prophecy
B. You should always label your clothes in
case they get lost
A. democracy C. Social order is maintained by powerful
interests
B. communism
D. none of above
C. anarchy
D. statutory 54. A case in which one interest was preferred
to the exclusion of another is
50. Who thought that law requires social con- A. Miller v Jackson
trol to realise individual expectations?
B. Halsey v Esso
A. Jhering C. Dennis v MoD
B. Pound D. none of above
C. Marx
55. What happens if a person does not have
D. Oliver Wendell Holmes enough money for paying bail?

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1.1 LAW AND SOCIETY 9

A. the arresting officer lowers the A. Pound

charges B. Marx

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B. they work it off with community ser- C. Holmes
vice
D. Durkheim
C. they stay in jail until arraignment
D. the judge lowers the bail 59. Consensus theory argues that
A. social change should take place within
56. Australians have the right to appeal court
existing insitutions
cases to the Commonwealth Senate as a
last resort. B. society is in a state of perpetual con-
flict
C. decisions about balancing interests
are taken by individual judges
D. none of above

60. How are laws created and enforced in a

community?
A. Through the legislative branch creat-
ing laws and the executive branch ignor-
ing them
A. True B. Through the executive branch creat-
B. False ing laws and the legislative and judicial
branches enforcing them
57. How are the members of the Upper House
elected? C. Through the judicial branch creating
laws and the legislative branch enforcing
A. General voting them
B. Proportional voting D. Through the legislative branch creat-
C. Yes or No voting ing laws and the executive and judicial
D. No right answer branches enforcing them.

58. Labelling theory is best understood as a 61. If you got a signficant amount of signa-
disadvantage of the theory put forward by tures to make an issue get on the ballot
A. Recall
B. Lobbying
C. Appeal
D. Referedum

62. What occurs during a plea deal or plea bar-

gain?
A. The DA drops the case in exchange for
a lighter sentence
B. The defendant agrees to admit guilt to
a lesser charge to conclude the case

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1.1 LAW AND SOCIETY 10

63. In a civil law case the person making the B. Family

accusation is known as the plaintiff.
C. Judiciary
D. Peer groups

67. Which organization was formed in 1900?

A. The Commonwealth
B. The Government

NARAYAN CHANGDER
C. The Federal Parliament
D. The representative monarchy

68. What are the main functions of The High

Court?
A. Protect and interpret the Constitution
B. Interpret laws and make decisions on
criminal cases
C. Give permission to pass the bill
A. True D. Make sure the government and states
B. False don’t go beyond their legal power

64. A law that is not made by an elected group 69. What is needed for an arrest?
A. Ordinance A. Reasonable suspicion
B. Law B. Real evidence
C. Bill C. Direct evidence
D. Appeal D. Probable cause
65. What are the responsibilities of citizens in 70. Explain the consequences of breaking a
a democratic society? law in your community.
A. Participate in the political process, A. Being celebrated as a hero
obey the laws, respect the rights of oth-
ers, and contribute to the common good B. Receiving a medal of honor
B. Only focus on their own rights and ig- C. Legal consequences such as fines, im-
nore the rights of others prisonment, or community service.
C. Ignore the laws and do whatever they D. Getting a promotion at work
want
71. To whom does the non-legal rules apply?
D. Refuse to participate in the political
process A. All memebers of society
B. Students in school
66. Which of these is NOT an informal method
of social control? C. Certain citizens
A. Community D. B and C

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1.1 LAW AND SOCIETY 11

72. What type of law has the “state” as the 76. Which plea is entered at the plea hearing if
prosecutor no agreement is reached between the two
sides?

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A. Criminal Law
A. Not guilty
B. Civil Law
B. No contest
C. Bankruptcy Law
C. Guilty
D. Any Court
D. Nolo contend
73. The highest court in the USA is called the 77. You know you are guilty for the crime you
A. Supreme Court are charged with and you don’t believe
you stand a chance in the case. You want
B. High Court your defense attorney to negotiate with
C. Precedent the prosecutor for a lesser punishment if
you declare you are guilty. What are you
D. Appeals Court doing?
74. Why are bills generally introduced into the A. Bail
Lower House? B. Initial appearance
A. Lower House is the People’s House C. Plea bargaining
and the people often have a say in laws D. Grand Jury
that are made
78. What type of Goveremnt ha rule by one
B. Lower House is responsible for review-
unelected ruler
ing the law and passing it for Royal Assent
A. Democracy
C. Majority of Ministers are members of
the Lower House and Ministers introduce B. Power Clause
most Bills C. oligarchy
D. Lower house is responsible for deter- D. Dictatorship
mining government and the government
introduces most Bills 79. Statue laws are made by parliaments.

75. Which statement is correct?

A. Concurrent Powers are specific law-
making powers that are not shared with
the states
B. Exclusive Powers are powers that are
exclusive in nature and not specified in the
Constitution
A. True
C. Concurrent Powers are the powers B. False
that are left to the states
D. Residual Powers are powers not spec- 80. The Origin of American Law system that
ified in the Constitution and are left to the uses the idea of Juries and Precedent
states A. Executive Order

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1.1 LAW AND SOCIETY 12

B. Congress
C. Extradition
D. English Common Law

81. Australia’s Constitution grants some pow-

ers to the states and some to the Common-
wealth. This is know as the separation of A. True

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powers B. False

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