1750F (EA560) MANUFACTURING and the LAW
CLASS TEST QUESTIONS
MULTIPLE CHOICE QUESTIONS
1 When parliaments abolish statutes, this is called
a) repealing
b) amending
c) initiating
d) codifying
2. A bill becomes an Act of Parliament in the Federal system when it is
a) initiated
b) passed by the Senate
c) passed by both Houses of Parliament
d) assented to by the Governor General.
3. A lower court must follow precedent unless it can
a) reverse
b) overrule
c) disapprove
d) distinguish.
4. The two main systems of law that operate in Australia today are
a) Statute Law and Common Law
b) Case Law and Common Law
c) Legislation and Ordinances
d) Aboriginal Customary Law and the Federal System.
5. Federal powers are divided between
a) the High Court and Parliament
b) the Executive, the judiciary and the parliament
c) the House of Representatives and the Senate
d) the court system, the Federal Parliament and State parliaments.
Contract law
1. Caveat Emptor basically means:
a) sellers have an unfair advantage in the marketplace.
b) buyers must make their decisions about purchases and accept the consequences if such decisions are poor ones.
c) credit providers must be licensed.
d) borrowers are protected by the law.
2. Consumers are protected against unfair contracts by:
a) Federal law only.
b) Federal and State Statute law.
c) the Common Law
d) Federal and State Statute law as well as common law.
3. Consumers are protected by the law because:
a) sellers are unscrupulous.
b) buyers are foolish.
c) buyers and sellers are in equal bargaining positions.
d) buyers and sellers are in unequal positions.
4. That goods must be of merchantable quality is an example of:
a) privity of contract
b) a condition of a goods and services contract.
c) a warranty under a goods contract.
d) an express term of a credit contract.
Employment law
1. Which of the following would indicate the existence of a contract for services?
a) pay as you earn tax deductions
b) a quote given for a job
c) supply of equipment and uniform by the hire
d) an award wage.
2. Which of the following is not a duty of an employer?
a) the duty to pay a reasonable wage
b) the duty to maintain a safe system of work
c) the duty to provide a reason for dismissal with notice
d) the duty to pay an employee for work expenses incurred by them.
3. An employee can end a contract of employment through
a) resignation
b) summary dismissal
c) retrenchment
d) redundancy.
4. A example of industrial action that can be legally taken by employees is
a) secondary boycott
b) strike
c) stand-downs
d) demarcation dispute.
5. An example of industrial action that can be taken by employers is
a) secondary boycott
b) strike
c) stand-downs
d) demarcation dispute
6. A feature of industrial policy which is part of NSW law but not part of Federal law is
a) outlawing of secondary boycotts
b) provision of enterprise bargaining
c) voluntary unionism
d) conciliation and arbitration.
7. Under NSW law, enterprise agreements must
a) not ‘disadvantage’ the worker
b) be negotiated through unions
c) allow for at least 5 sick days a year
d) not provide for any worker to do more than 40 hours in any one week
8. Enterprise agreements in NSW can be negotiated under provisions in
a) the Industrial Relations Act
b) the Essential Services Act
c) the Employment Protection Act
d) the Trade Practices Act.
9. Which of the following has increased or maintained the power of trade unions?
a) the Essential Services Act
b) the APPM (Burnie) dispute
c) the pilots’ dispute
d) the NSW Industrial Relations Act.
10. The percentage of union members in the workforce has dropped in recent years partly because of
a) voluntary unionism provisions
b) the APPM (Burnie) dispute
c) the Essential Services Act
d) the Commonwealth Trade Practices Act.
FILL IN THE BLANKS
1. Statute laws are made by _____________________
2. When the Commonwealth makes a law which is inconsistent with a law made by state in the same area, the ________________ law prevails.
3. The reason for deciding a particular court case is known as the ____________________________
4. When judges make law they must follow the doctrine of ______________________
5. The number of parliaments in Australia is __________________
Employment law
1. An ___________ term of contract is one that is not actually written into a contract but is made part of the contract by law.
2. The main statute in the area of safety in the workplace is the ______________ Act __________
3. Remedies available to wrongfully dismissed employees include ___________ , _______________ and __________________
4. _____________________ occurs when employers and employees in a particular workplace negotiate conditions outside the normal award conditions.
5. An arrangement whereby an employer agrees to employ only union labour is referred to as a ___________ arrangement.
6. The most powerful sanction that can be imposed on unions who breach commission orders is __________
7. Dismissal without notice is called __________________ dismissal
SHORT ANSWER QUESTIONS
1. What are the three parts of Federal Parliament?
2. From where do local councils derive their law-making powers?
3. What body interprets the words of Australian Constitution?
4. How can the words of the Australian Constitution be changed?
5. What two constraints are placed on judges making laws?
6. At what stage of a bill's progress through parliament are amendments made to it?
7. Courts make laws where no previous law exists. In what other circumstances do they 'make law'?
Contract law
1. Explain the difference between a condition and a warranty.
2. Why is Federal law insufficient to protect consumers?
3. What is a consumer?
4. Name two marketing practices that are illegal.
Employment law
1. What does breach of contract mean?
2. What is the difference between retrenchment and redundancy?
3. Which NSW law protects retrenched people?
4. What is notice?
5. What is an industrial dispute?
6. What is conciliation?
7. Which two pieces of legislation outlaw sympathy strikes?
8. Why is the conciliation and arbitration mechanism less accessible than it was before the Industrial Relations Act 1991 (NSW)?
OH&S and Workers Compensation law
Richard Baker
TO MANUFACTURING ENGINEERING COURSEWORK