Australian Law Trivia

1. Starting with the letter "A", what is an affidavit?

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: A written sworn statement

An affidavit is a written sworn statement. Sworn means that you are declaring it true and accurate before a person who has the authority to receive oaths such as a Justice of the Peace. The person who witnesses the affidavit is not attesting to the contents of it, but to the person's signature as being that of the person swearing. Its origin is in the Latin word for "to trust".

From Quiz NSW Police History

Answer: Ken Moroney

Ken Moroney was appointed as Commissioner of Police in 2002 and held office until his retirement in 2007.

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Appellant

To enable a decision of a court case to be overturned, the loser will have to apply to a higher court to rehear the case. In this new court case the instigator becomes the "appellant".

From Quiz NSW Police History

Answer: The Ghost Train at Luna Park

Luna Park was shut down after the failure of their fire hoses - they didn't reach far enough to cover the Ghost Train. Due to this and the ride being understaffed, the fire spread rapidly and completely destroyed it. The Coroner's Inquest couldn't establish the cause of the fire, but ruled that Luna Park's managers and operators had failed in their duty of care to the public.

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Adjournment

When a party wants to delay a court case for some reason, then they ask the court for an adjournment. The magistrate or judge will hear the request and then decide whether or not to grant the adjournment. If agreed, then a new place and time will be arranged.

From Quiz Basic Australian Law

Answer: Your Honour

Although all judges and magistrates in Australia are now addressed as Your Honour, until a few years ago magistrates were addressed as Your Worship. Magistrates now tend to get very cross if you address them as Your Worship.

From Quiz NSW Police History

Answer: Peter Ryan

Peter James Ryan was Head of National Police Training in Britain prior to being appointed from a pool of international applicants in 1996. He remained as Commissioner until 2002 and brought about many changes consequent to the findings of the Wood Royal Commission.

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Barrister

A barrister is the term used for the lawyer who specialises in representing clients in court. The general public goes to a solicitor for legal advice for an impending court case. The solicitor then instructs a barrister to represent their client in court.

From Quiz Basic Australian Law

Answer: bow

Court etiquette demands that you bow to the judge or magistrate when entering or leaving the court while it is in session. If you are already in the courtroom when the judge or magistrate enters or leaves, he or she will bow to the assembly and everyone bows back. It is of course necessary to turn off your mobile if you have one with you and it is on, but as you do not have to have a mobile, this is not strictly speaking a necessary act. If you are a man it is of course unacceptable to have your hat on in court, unless you are Jewish and the hat is a Yarmulke. However, this is a social rule rather than a strict rule of court.

From Quiz NSW Police History

Answer: Inspector Beth Hanley

After 29 years of service and becoming the first female Commissioned Officer Inspector Hanley was presented the "Most Outstanding Policewoman" award. The same year in which female officers were issued firearms as "standard issue". In 1974 she was also awarded the Queen's Police Medal. REF: http://www.policensw.com/info/history/h7a.html

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Brief to Appear

The instructing solicitors organises a "Brief to Appear" for the barrister. The brief contains all relevant documentation for either the plaintiff or the defendant's side, depending on which side the barrister is representing.

From Quiz Basic Australian Law

Answer: 1986

With the passing of The Australia Act 1986 (in both Australia and England) Australia was no longer subject to English law. This meant that as well as the fact the English Parliament could not pass laws in Australia, the Australian courts were no longer bound by the findings of the English courts such as the Privy Council. This has led to a divergence between the English and Australian common law, for example in advocates' immunity, which still obtains in Australia but is no longer available in England.

From Quiz NSW Police History

Answer: 1986

In 1980 honorary Chaplains were appointed and issued police ID certificates and police uniforms. Father Jim became the very first and most widely recognised of all NSW Police Chaplain.

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: The judge's desk

The "bench" is the location of the judge and the "bar" is where the barristers and general public are located. The term "bench" can also be used to refer to the court's judges collectively.

From Quiz Basic Australian Law

Answer: plaintiff

In a civil matter the parties are known as Plaintiff and Defendant. In a criminal matter they are the Prosecutor and Defendant. On appeal, whichever party brings the appeal is the Applicant and the other party is the Respondent. However in Tribunal proceedings the parties are always known as the Applicant and Respondant. When a case goes on appeal to a higher court, the person appealing from the previous judgement is always the Applicant, even if he was the Defendant at first instance.

From Quiz NSW Police History

Answer: Cops Play Pops

The album is still available on some obscure music sites and has tracks including "I Still Call Australia Home", "The Addams Family", "Inspector Gadget" and "There's No Business Like Show Business". Somehow I don't think I will buy myself a copy. REF: http://www.sanity.com.au/product/product.asp?sku=2014823

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Copyright

Copyright is granted to the author to use and distribute their original work thereby giving them royalties (payment) for that work. Copyright covers work such as writing, authoring, music, theatre and movies. Intellectual property covers patents and trademarks of inventions and products.

From Quiz Basic Australian Law

Answer: You may not use this communication in any court proceedings

This phrase is widely misused by lay people. When included at the head of a communication it prevents the recipient, but also the sender, from relying on the contents of the communication in court proceedings. Without Prejudice communications are generally used between counsel in settlement negotiations.

From Quiz NSW Police History

Answer: 1996

Tony Lauer served a total of 41 years with the NSW Police Force, holding a number of appointments, until becoming Commissioner in 1991. He resigned in 1996 just before the Wood Royal Commission into police corruption.

From Quiz Queensland Criminal Law

Answer: 12

Queensland does not have majority verdicts. There are 12 members of a jury and all 12 of them must agree on any verdict. If they all think you are "not guilty" so be it. If they all think you are "guilty", you're going down. If some think one verdict and others disagree or simply can't decide, then there is no verdict. A judge will only give a jury a certain amount of time to decide. The length of time the jury will have will often depend on the seriousess of the charges. A jury in a murder trial may be allowed a lot longer to decide than in an assault trial.

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Caveat

A caveat is a warning that another person or company, that is not the registered owner, has an interest in the property. The caveat has to state the reason for their claim and the amount of the claim. Caveats are standard practice for a purchaser to place on the property they are buying, to protect their interest prior to settlement.

From Quiz Basic Australian Law

Answer: Good character

To obtain a practising certificate in Australia, which certifies that you are a suitable person to practise law, you must satisfy the admitting body that you are a person of "good fame and character". This does not necessarily mean that you have never done anything wrong in the past, but the admitting bodies must be satisfied that you are honest. For example, if you biffed someone over the head in your wild youth and were convicted of assault, this will not necessarily prevent you from obtaining a practising certificate. But if you do not disclose the prior conviction it will so prevent you, and if discovered later on can lead to your being struck off the roll.

From Quiz NSW Police History

Answer: 1894

On the morning of February 2nd, 1894, three crooks were trying to break open the safe in the Union Steamship Company building, when the police disturbed them. A pursuit followed with a number of police being bashed about the head and arms with long iron bars. Police finally arrested and took them into custody after a long and violent struggle. Due to the public outcry, the legislation was brought in for all members - at that time there were no female police, and although the first female officers were appointed in 1915, it wasn't until 1972 that firearms became standard issue for female officers. REF: http://deneb.library.usyd.edu.au:8080/bitstream/2123/847/12/adt-NU20020722.19202506chapter5.pdf

From Quiz Queensland Criminal Law

Answer: s.339

All these sections are found in Part 5 of the Criminal Code which deals with offences against the person. Thank your lucky stars you're not charged with any of the others. Section 320 is Grievous Bodily Harm; s.352 is Sexual Assault; s.302 is Murder. All a lot more serious than AOBH.

From Quiz Vocabulary Words: ABC of Legal Terms

Answer: Compensation

Compensation in monetary terms is awarded to the winner of a civil litigation matter where they have proved the loss, suffering and/or injury was caused by the defendant.

From Quiz Basic Australian Law

Answer: Instructions to a barrister

The Brief is the document given to a barrister by the instructing solicitor and contains all of the evidence to be relied upon, copies of witness statements, photographs and any documents in the case. Briefs are generally in the form of big white looseleaf folders. When you see barristers milling about in their robes and wigs and pulling those little suitases on wheels, this is not because they have just flown in from interstate to attend court, but because the suitcases are required to hold their briefs. It is not unusual for a lawyer attending court to have several suitcases full.

From Quiz Basic Australian Law

Answer: Succession

Succession law deals with the succession of heirs to the property of the testator (person making the will). It includes issues such as whether a will is valid or not, whether a provision in a will was able legally to be made, and who inherits when there is no will at all. It also provides for claims against a deceased estate to be made by certain parties such as illegitimate children of the deceased.

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