2004 hsc mc qns
Heres the 2004 MC questions if anyone wants them
1 What is precedent?
(A) It is a doctrine of international law.
(B) It is a doctrine that is mandatory for police to follow.
(C) It is a doctrine that helps achieve consistency in the law.
(D) It is a doctrine for interpreting the Australian Constitution.
2 A citizen has had his unemployment benefit reduced. He takes action against the
government to have it restored.
Which type of law best applies to this dispute?
(A) Contract law
(B) Private law
(C) Public law
(D) Tort law
3 Which of the following is both a legally protected right in Australia and a human right?
(A) Education for all
(B) Paid maternity leave
(C) Property ownership
(D) Suing for damages
4 Australia has ratified the Convention on the Status of Refugees. Kaia is seeking asylum
in Australia to escape from her country of origin.
Is Australia able to refuse Kaia’s application for asylum?
(A) Yes, because Australia is a sovereign nation
(B) Yes, because Australia does not have a bilateral treaty with Kaia’s country
(C) No, because a refusal would breach international law
(D) No, because the Bill of Rights in Kaia’s country would protect her interests
5 Without a Bill of Rights, by what means are human rights embodied and protected under
Australian law?
(A) Referendum
(B) Statute law
(C) Trade unionism
(D) Universal education
6 When are disputes over the human rights of an individual within Australia best protected
by international treaties?
(A) When the High Court hears the dispute after the Commonwealth Government has
ratified the treaty
(B) When the High Court hears the dispute after Australia has voted for the treaty in
the United Nations
(C) When the International Court of Justice hears the dispute between the Australian
Government and the individual
(D) When the High Court hears the dispute after the Commonwealth Parliament has
incorporated the treaty into our domestic law
7 Hank, an American citizen, has been held without charge by the NSW police for three
weeks for possession of a firearm. His family considers this a breach of his human rights
and seeks his release.
Which of the following will be the most effective means of securing his release?
(A) The common law
(B) The Australian Constitution
(C) The American Bill of Rights
(D) The Universal Declaration of Human Rights
8 In relation to domestic and international rights, which of the following statements is true?
(A) Domestic rights must be enforced by the state.
(B) Domestic rights only apply to citizens of a country.
(C) International rights give some degree of legal protection.
(D) International rights must be enforced by the United Nations.
9 Why are non-legal measures often more effective than legal measures in addressing
human rights issues?
(A) Because of the operation of state sovereignty
(B) Because collective human rights override individual human rights
(C) Because non-legal measures can always be adapted to individual circumstances
(D) Because non-legal measures can bypass government processes and bureaucracies
10 Under international law, collective human rights have evolved with the aim of providing
protection to which of the following?
(A) A defined group of people within a state
(B) A group of people seeking refugee status
(C) Some individuals with grievances against a state
(D) An indigenous group seeking to establish a new and separate nation
11 Which of the following situations best illustrates the recognition and enforcement of
human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism
12 Kim injures Kath on their own property. Kath reports the incident to the police. As a
result, Kim is charged and the matter goes to court.
From the information in this scenario, which of the following outcomes is possible under
the Australian legal system?
(A) Kim is acquitted because it is a private law matter.
(B) Kim is convicted of a public law matter on private property.
(C) Kath has the burden of proof in this public law matter.
(D) Kath has the burden of proof in this property law matter.
13 Which of the following best describes the place of the doctrine of natural law in the
Australian legal system?
(A) It is used by courts to overturn statutes.
(B) It is used by the courts as the basis for the interpretation of statutes.
(C) It is used to support arguments based on ethics in favour of law reform.
(D) It is no longer relevant as Australia now has many different religious beliefs.
14 Which of the following is a characteristic of Aboriginal and Torres Strait Islander
customary law recognised by the Australian legal system?
(A) Native title
(B) Terra nullius
(C) Self-determination
(D) Ownership of land
15 Which of the following can best provide for the protection of human rights?
(A) The Universal Declaration of Human Rights
(B) The existence of the rule of law in a particular country
(C) The existence of universal suffrage in a particular country
(D) The International Covenant on Civil and Political Rights
