Question Law Q QUESTION 1 A crime is established if: (A) The accused has carried out the actus reus (B) The accused has carried out conduct which has an effect that the criminal law prohibits (C) The accused has carried out certain conduct with a guilty mind (D) All of the above QUESTION 2

Which of the following statements are true? (A) A corporation cannot be charged for committing criminal offences (B) Children under 17 years have no understanding of what is morally right and wrong (C) There is a presumption that persons are mentally impaired unless there is evidence to the contrary (D) All of the above

(E) None of the above QUESTION 3 Which of the following is an offence against public order? (A) Perjury (B) Sedition (C) Murder (D) Forgery(E) None of the above QUESTION 4 Which of the following Acts contains criminal penalty provisions?

(A) The Competition and Consumer Act 2010 (Cth) (B) The Corporations Act 2001 (Cth) (C) The Privacy Act 1988 (Cth) (D) All of the above

(E) None of the above QUESTION 5 A defence of insanity may relieve a criminal offender from liability due to the absence of (A) Motive (B) Evidence (C) Actus reus (D) Mens rea (E) All of the above

QUESTION 6 Which of the following is the role of the prosecution for a criminal matter? (A) Represent the interests of the state

(B) Call evidence to prove the charge beyond a reasonable doubt (C) Make decisions about what evidence to call and how the case will proceed (D) All of the above (E) None of the above QUESTION 7 Which of the following does NOT occur at a criminal trial in the Supreme or District Court? (A) A jury is empanelled to be the finders of fact.

(B) Prosecution calls witnesses to give evidence and Defence cross examine those witnesses. (C) Facts in mitigation are placed before jury to enable a fair and just sentence. (D) At the conclusion of both Crown and defence cases, counsel give a closing address.

QUESTION 8 Which of the following are crimes in Australia? (A) Drinking alcohol(B) Adultery (C) Performing female genital mutilation (D) Charging interest on commercial loan QUESTION 9

Which of the following are theoretical justifications for punishment under criminal law? (A) Rehabilitation (B) Prevention (C) Retribution

(D) Denunciation (E) All of the above QUESTION 10 Which of the following are excused from being prosecuted for criminal offences? (A) Judges (B) Members of Parliament (C) Prime Minister

(D) None of the aboveModule 10 – Principal and Agent 5 of the following 10 questions are in the exam: (Note that some questions have 4 choices and some have 5 choices) QUESTION 1 Which of the following is NOT a duty of an agent? (A) Duty not to make a secret profit (B) Duty to act in good faith (C) Duty to have known the principal for 5 years or more prior to becoming an agent

(D) Duty to act in person QUESTION 2 An agent is generally not liable on a contract when he or she does which of the following? (A) Agent contracts by deed in their own name (B) Agent does not disclose the existence of the principal (C) Agent discloses the fact that a principal exists but does not disclose the name of the principal (D) Agent contracts outside the scope of the authority they have been given

QUESTION 3 Which one of the following statements is FALSE? (A)The agent may affect the legal position of the principal because the principal's conduct has made the agent appear to have authority, which the agent in fact lacks (B) If an agent fails to follow the principals instructions, the agent is rendered liable for the loss suffered by the principal as a result of the breach (C) Even though the written agency agreement may expressly prohibit an agent from doing something, an agent can still do that thing if they feel they have implied authority to do so (D)If the agent has incurred certain liabilities or had to make certain payments on behalf of

the principal, the principal is obliged to indemnify the agent against such liabilities and reimburse the agent for any payments made

QUESTION 4 In which of the following ways can an agency be created? (A) Deed (B) Writing (C) Verbally (D) Ratification (E) All of the above QUESTION 5

Which one of the following does NOT terminate the appointment of an agent? (A)An express revocation of authority by the principal (B) Where the agent has failed to comply with the principal's instructions (C) Where the agent has completed the assignment the agent was engaged to perform (D)The death, unsoundness of mind, or bankruptcy of the principal or of the agent QUESTION 6 Which one of the following does NOT terminate the appointment of an agent?

(A) An express revocation of authority by the principal (B) The death, unsoundness of mind, or bankruptcy of the principal or of the agent (C) Where the agent has failed to comply with the principal's instructions (D) Where the agent has completed the assignment the agent was engaged to perform QUESTION 7 Which one of the below is a duty of an agent? (A) The duty to follow all instructions, even if they even if they are illegal (B) The duty to ensure that the agent's interests are met as equally as the principal's when acting on behalf of the principal (C) A duty to act in person and not delegate authority, bar for some exceptions (D) The duty to ensure that the agent can profit from their agency, even without the

knowledge of the principal QUESTION 8 Which of the following is NOT a type of authority? (A)Implied actual authority (B) Express apparent authority (C) Express actual authority(D)Ostensible authorityQUESTION 9 A principal is vicariously liable for which of the following committed by the agent? (A) Tort (B) Fraud

(C) All of the above (D) None of the above QUESTION 10 Which of the follow agents must be licensed by State statutory law? (A) Travel Agencies (B) Employment Agencies (C) Finance Brokers (D) All of the above QUESTION 1 [20 marks] James, a law student, walked into his local video game store and saw a copy of the latest

game, Mooncraft II, with a price tag that said "$6.99". Knowing that the game retails for $69.99 he quickly picked up the last remaining copy from the shelf and hurried over to the cashier. The game was scanned and the price came up as $69.99. Unimpressed, James took the checkout attendant to the shelf where the price clearly showed $6.99. He pointed out that the shop had made an offer to sell him the game for $6.99 and that he was officially accepting this offer, thus creating a contract. Confused, the attendant stated that this was merely a typographical error and that the game in fact cost $69.99. James told the attendant that if he was not sold the game for $6.99 he would bring an action for breach of contract in his local court.

1) Advise James on his prospects for success in such an action. [3 marks] 2) How does your answer change if James had said "Look, I have spent time and effort coming to this store, I am willing to pay the difference between price on the shelf and the actual price, which is $53" and the attendant had accepted this offer? [4 marks] Unfortunately for James, the shop attendant does not respond well to his threat of legal proceedings and the final copy of Mooncraft II is bought by a third party the next day. Over the next few days, James investigates all the video game stores in his vicinity. However, the cheapest price for Mooncraft II he can find is $99.99, a price he is not willing to pay. Depressed, James logs onto the internet to check his email when an advertisement for Mooncraft II appears on the screen for the promotional price of $59.99, including free

delivery to any address in Australia. James quickly clicks the link and discovers that the offer is only valid for one more day before the price defaults back to $99.99. The website only accepts payment by cheque and will authorise receipt by email to an email address supplied by the ordering party. James quickly fills in the online form, signs a cheque for $59.99 and posts it that day to the website's postal address. A few days later, James receives an email stating that as his cheque was not received in time the purchase price for his copy of Mooncraft II has reverted to $99.99. His order has not been confirmed. Furious at this second

disappointment, James replies to the email, saying that as he sent the cheque before the deadline for the promotional price had lapsed he was thus entitled to purchase the game for $59.99. He advises that he will be taking legal action should he not get his copy of Mooncraft II within the next 7 business days. James has not received his copy of the game and seeks your advice on how to proceed. 3) Advise James. [3 marks] 4) Would your advice be any different if the website accepted direct debit or cheque and James opted to send a cheque? Would your advice be any different if the website was silent on this point? [4 marks]

Later that week, Mrs Christie, who is blind, is given a document by James, her nephew. James tells her that it is an authority to collect certified mail from the post office. In fact, it is a document transferring ownership of her jewellery to James. Mrs Christie signs the document, James takes the jewellery and quickly sells it to Christina for $7,000. James spends all the money and disappears. Mrs Christie discovers the fraud and wants to get her jewellery back from Christina. 5) Discuss. [6 marks]

QUESTION 2 [20 marks] Alexander and Alfred were in a de facto relationship. They had been living together for 2 years and typically made all household decisions together, including what apartment to live in, what groceries to buy and how the rent was paid. There was never any written agreement between the two and neither party thought twice about trusting the other. Alexander thought of himself as a bit of an entrepreneur and had stumbled across a business

deal for the sale of household furniture, requiring an initial outlay of $50,000 and estimated ongoing costs of $20,000 per year for the first few years. Alexander, excited by the prospects of leaving his mundane job as a checkout attendant, told Alfred about all the benefits of running his own business and asked Alfred if he would be willing to help out with some of the costs. Alfred agreed to contribute $15,000 now and $10,000 when the business was ready to open to cover the first few months of stock and operating expenses. Alfred also agreed that

he would be paid back whenever it was convenient for Alexander, who would primarily be in charge of running the business. In return, Alexander agreed to do all the household chores until the business opens and promised to attempt to find an extra job to generate enough capital to cover a few unprofitable periods whilst the business took off. Alexander purchased the business with a combination of his own savings, a bank loan and Alfred's contribution. Preparations have begun to open the business in 2 months' time. Last week Alexander and Alfred had a major falling out and Alfred has moved back in with

his parents, refusing to pay any rent on the apartment he shared with Alexander. Alexander is in your office, scared that Alfred will not provide the extra $10,000 when the business opens. Alexander has also received a letter from Alfred's lawyers demanding that Alexander repay the $15,000 within 28 days.1) Advise Alexander. [10 marks] 2) On the above facts, would your answer be any different if the two had reduced their agreements to writing? [5 marks]

3) Would your answer be different if there was an express exclusion of an intention to create legal relations in the written agreements?