Year 12 Assessment 1 Legal Studies

Multiple Choice Flashcards

2015

Which of the following best explains state sovereignty?

A head of state can make all laws. 

A head of state can enter into international treaties. 

Nation-states are in control of their own domestic affairs. 

Nation-states can intervene to protect human rights in other nations.

Nation-states are in control of their own domestic affairs. 

2015

The International Covenant on Economic, Social and Cultural Rights is an example of which of the following? 

A statute

A treaty 

Common law 

Customary law

A treaty 

2015

Which of the following involves both a human rights issue and a criminal law issue in Australia?

A woman demands equal pay. 

A refugee is arrested for assault. 

A child is forced to work in a factory. 

A same-sex couple is denied the right to marry

A child is forced to work in a factory. 

2015

International human rights are best protected in NSW by 

common law. 

International law. 

the NSW Constitution. 

the Australian Constitution.

common law.

2015

A government prevents women from voting in an election. This action violates the state’s own domestic legislation. Which of the following does this action demonstrate?

Non-compliance 

Changing values 

Universal suffrage 

A non-legal measure

Non-compliance 

2016

How is the European Union best described?

As a court 

As a tribunal 

As part of the United Nations 

As an intergovernmental organisation

As an intergovernmental organisation

2016

Which of the following is true of the Universal Declaration of Human Rights? 

It is a multilateral treaty. 

Its articles are legally enforceable. 

It only applies to developed countries. 

It defines the agreed meaning of human rights.

It defines the agreed meaning of human rights.

2016

A group of people living within a nation-state wants to exercise its collective right to influence legal decisions about the land on which they live. What is this an example of?

Peace rights 

Self-determination 

Environmental rights 

Limitations on free speech

Self-determination 

2016

A government decides to withdraw from its obligations under the International Covenant on Civil and Political Rights and blocks access to the internet for non-government organisations. What is this an example of?

The government exercising state sovereignty 

The government is limiting universal suffrage 

The role of media in promoting self-determination 

Non-government organisations exercising statutory powers

The government exercising state sovereignty

2016

A member of parliament tries to influence a decision being made by the High Court. What is this a breach of? 

Common law 

Division of powers 

Separation of powers 

The Charter of Rights

Separation of powers 

2016

Which of the following is correct about a person’s right to legal aid when on trial for a serious indictable offence? 

All accused persons have the right to legal aid. 

The right to legal aid is only available in the Supreme Court. 

Defendants only have the right to legal aid if they plead guilty. 

A person has the right to legal aid if an injustice is likely to occur.

A person has the right to legal aid if an injustice is likely to occur.

2017

Which of the following describes the fundamental principles of human rights? 

Universal and alienable 

Universal and inalienable

Guaranteed and alienable 

Guaranteed and inalienable

Universal and inalienable

2017

Aberia is a colony of Belinia. Aberia wants to form an independent nation. This situation is an example of which type of right? 

Collective 

Environmental 

Peace 

Positive

Collective

2017

Human rights are best protected in Australia when they are 

subject to media attention. 

incorporated into legislation. 

incorporated into the common law. 

is supported by non-government organisations.

incorporated into legislation. 

2017

The role of the International Court of Justice is to hear 

the most serious international crimes.

disputes between nation-states and issue advice. 

cases involving human rights abuses brought by individuals. 

cases involving human rights abuses brought by non-member states.

disputes between nation states and issue advice. 

2017

A country has been criticised by the United Nations for using capital punishment. Which of the following allows the country to ignore this criticism? 

State sovereignty 

Self-determination 

Division of powers 

Separation of powers

State sovereignty 

2018

Human rights in Australia are best protected when they are 

promoted by the media. 

incorporated into domestic laws.

included in the Charter of Rights.

monitored by the United Nations.

incorporated into domestic laws.

2018

Which of the following is an example of an intergovernmental organisation? 

Red Cross

United Nations 

Amnesty International 

Australian Human Rights Commission

United Nations 

2018

The International Covenant on Economic, Social and Cultural Rights is an example of 

a statute law. 

a constitutional law. 

an international customary law. 

a formal statement of human rights.

a formal statement of human rights.

2018

The Australian Government provides a report to a United Nations committee under the International Covenant on Economic, Social and Cultural Rights. What is this an example of? 

Exercising state sovereignty 

Cooperating with a non-governmental organisation 

Complying with an order from an international tribunal 

Recognising the power of an independent statutory authority

Exercising state sovereignty 

2018

Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? 

The criminal trial process is consistent with the principles of the UDHR. 

The criminal trial process is required by the Australian Government to comply with the UDHR. 

The UDHR is incorporated into the laws that determine the criminal trial process. 

The UDHR provides a remedy to a convicted person who considers their conviction unfair.

The criminal trial process is consistent with the principles of the UDHR. 

2019

Which of the following is NOT a basic feature of human rights? 

They are inherent. 

They are universal. 

They are inalienable. 

They are enforceable.

They are enforceable.

2019

An Australian citizen is unable to achieve a remedy in the Australian court system. The United Nations Human Rights Council agrees to hear the case and recommends a remedy. Which of the following statements regarding the recommendation is correct?

It will be binding on an Australian court. 

It will become an international legal precedent. 

It will place pressure on the Australian government to act. 

The Australian government must follow the recommendation.

It will place pressure on the Australian government to act. 

2019

Which of the following is an example of how the International Criminal Court promotes compliance with human rights standards? 

By prosecuting nations accused of genocide 

By prosecuting individuals accused of war crimes 

By prosecuting individuals charged with terrorism

 By adjudicating when one country has accused another of human trafficking

By prosecuting individuals accused of war crimes 

2019

Why is the ratification of international agreements important in protecting human rights in Australia? 

It allows domestic laws to incorporate protections. 

It incorporates protections directly into domestic law. 

It allows the High Court to enforce Australia’s Constitution. 

It allows non-government organisations to provide legal remedies.

It allows domestic laws to incorporate protections. 

2019

Can the High Court of Australia establish enforceable human rights? 

Yes. Constitutional interpretation permits this. 

Yes. The Constitution expressly authorises this. 

No. The division of powers does not allow this. 

No. The separation of powers does not permit this.

Yes. Constitutional interpretation permits this.

2020

Which of the following is a role of non-government organisations? 

Enforce new human rights agreements.

Prosecute breaches of human rights in the courts. 

Provide assistance to victims of human rights abuses.

Enact legislation to reflect international human rights agreements.

Provide assistance to victims of human rights abuses.

2020

A group of people are seeking to split from Western Australia to establish a new nation state. This would have the greatest impact on Australia’s 

judiciary. 

sovereignty. 

self-determination. 

division of powers.

sovereignty.

2020

Which of the following is an argument against having a Charter of Rights in Australia? 

It may encourage human rights violations. 

Statute law currently protects human rights. 

Citizens may demonstrate increased respect for human rights. 

It gives the United Nations more power to monitor human rights.

Statute law currently protects human rights. 

2020

Why does the Australian Constitution divide and separate powers? 

To maintain the rule of law 

To reflect the principles of natural justice 

To incorporate human rights into domestic law 

To meet international standards about democratic government

To maintain the rule of law

2020

Why are environmental and peace rights important? 

They are recently recognised human rights. 

They are stated in the United Nations Charter. 

They allow other human rights to be protected. 

They allow the recognition of state sovereignty.

They allow other human rights to be protected. 

2021 

Which concept relates to the right of citizens to participate in the democratic process?

Peace rights 

Labour rights 

Universal suffrage 

Environmental rights

Universal suffrage 

2021

Which of the following is a non-government organisation? 

United Nations 

Human Rights Watch 

International Criminal Court 

North Atlantic Treaty Organisation

Human Rights Watch

2021  

The right to seek asylum is a 

civil and political right. 

peace and security right. 

economic and social right. 

religious and cultural right. 

civil and political right

2021

International human rights law is debated, discussed and recommended by which organ of the United Nations? 

The Secretariat 

The Security Council 

The General Assembly 

The Economic and Social Council

The General Assembly

2021

Australia is unable to resolve a territorial dispute with a neighbouring nation. The United Nations instructs both parties to undertake compulsory conciliation that reaches a resolution. Which of the following applies to the resolution? 

It will be enforced by both parties. 

Australia has the right to appeal to the High Court. 

Either party could appeal to the International Criminal Court. 

It places pressure on the Australian government to abide by the decision.

It places pressure on the Australian government to abide by the decision.

2022

Which of the following is an intergovernmental organisation? 

Greenpeace 

The European Union 

Doctors Without Borders

The Federal Court of Australia

The European Union

2022

Australia signs an international human rights document regarding refugees. How can the Federal Government best meet its obligations as set out in this document? 

Enact domestic legislation 

Raise awareness at an international summit 

Vote in the United Nations General Assembly 

Obtain a seat on the United Nations Human Rights Council

Enact domestic legislation 

2022

Which of the following is NOT covered by the International Covenant on Economic, Social and Cultural Rights (1976)? 

Fair wages 

Primary education

Freedom of movement 

An adequate standard of living

Freedom of movement 

2022

Which of the following is an argument for Australia having a Charter of Rights? 

The rights of all groups will be ensured. 

Australia will be aligned with other democracies. 

Unelected judges will have power to make political decisions. 

The Australian Human Rights Commission will have the authority to amend legislation.

Australia will be aligned with other democracies.

2022

The High Court of Australia rules against a Federal Minister’s decision to deport a child. The court decides that this would be against Australia’s obligations under an international instrument. Which legal concept is demonstrated in this scenario? 

Ratification 

State sovereignty 

Division of powers 

Separation of powers

Seperation of powers

2023

Which of the following is an example of an intergovernmental organisation that protects human rights? 

United Nations 

Amnesty International 

High Court of Australia 

International Criminal Court

United Nations

2023

The International Covenant on Civil and Political Rights (ICCPR) is an example of which of the following? 

A constitutional right 

International customary law 

A formal statement of rights 

An international legal decision

A formal statement of rights

2023

Which of the following is defined as a collective human right? 

Trade unionism 

Universal suffrage 

Self-determination 

Abolition of slavery

Self-determination

2023

Australia negotiates a treaty concerning slavery. When are the provisions of this treaty incorporated into domestic law? 

When the treaty is signed by a Minister 

When the treaty is discussed in Parliament 

Once legislation is passed enacting the treaty 

Once a media report announces the signing of the treaty

Once legislation is passed enacting the treaty 

2023

Why is Australia able to pass laws protecting human rights? 

Australia is a member of the United Nations. 

Australia has ratified the International Covenant on Civil and Political Rights. 

Australia has signed the International Covenant on Economic, Social and Cultural Rights.

Australia is a sovereign state. 

2024

How can non-government organisations assist when human rights are not being upheld? 

Negotiate a treaty 

Enforce legislation 

Prosecute breaches 

Advocate for victims

Advocate for victims

2024

How does the common law protect human rights in Australia? 

Through rulings made by courts and tribunals 

Through statutory authorities 

Through acts of parliament 

Through the executive

Through rulings made by courts and tribunals 

2024

Workers in a manufacturing company are being paid below the minimum legal wage. Which type of human rights are being violated? 

Universal suffrage 

Universal education 

Environmental rights 

Trade unionism and labour rights

Trade unionism and labour rights

2024

Which of the following correctly describes the Universal Declaration of Human Rights (UDHR)? 

It is legally binding. 

It contains inalienable rights. 

It is enforced by all countries. 

It has been ratified by all countries.

It contains inalienable rights. 

2024

What is the primary function of the Australian Human Rights Commission? 

To investigate alleged human rights breaches 

To create human rights legislation in Australia 

To publish reports that governments must adopt 

To fund organisations that promote human rights

To investigate alleged human rights breaches 

2025

Which of the following allows for individuals to decide the government of a nation? 

State sovereignty 

Universal suffrage

Self-determination 

Freedom of speech

Universal Suffrage

2025

Which of the following is an individual right stated in the Australian Constitution? 

Freedom of speech 

Freedom of religion 

Trial by judge-alone 

Trade between the states

Freedom of religion 

2025 

If a Charter of Rights were to be included in Australia’s Constitution, which of the following statements would be true? 

A referendum has occurred to adopt the Charter of Rights.

The United Nations has approved the Charter of Rights. 

The Prime Minister has given assent to the Charter of Rights. 

NSW can pass valid legislation inconsistent with the Charter of Rights. 

A referendum has occurred to adopt the Charter of Rights.

2025

Which of the following is the most significant barrier to developing the recognition of environmental rights? 

The economic self-interest of nation states 

The United Nations not making this right a priority 

International instruments not recognising this right 

Failure of non-government organisations to enforce this right 

The economic self-interest of nation states 

2025

Consider the following hypothetical scenario. A state government mandates that only a particular type of crypto-currency can be used as legal tender in that state. Which legal doctrines are best invoked by the Federal Government to challenge this decision in the High Court? 

Separation of Powers and Rule of Law 

Division of Powers and procedural fairness 

Rule of Law and parliamentary independence 

Separation of Powers and Division of Powers 

Separation of Powers and Division of Powers