[小社资料库]Comlaw101 Quiz全答案

小社大神

我整理文件才发现，我还有全套的Comlaw101 Online Quiz的答案咧！ 这个学期忘记发了，刚学过的朋友真不巧，下学期的同学可以借鉴一下。 只是我不知道现在Comlaw还有Online Quiz么？没有的话可以拿来当复习资料。 大家要感谢就感谢Melody，Esabella还有Eledy吧，没有这三位的热心帮忙我也没办法收集齐这些东西。 先把fiduciary obligation上下两个部分贴出来，其他的我明天去学校找到再发。 红色的选项是正确答案，有错误请指正。 ____________________ fiduciary obligation（a） Question 1: (1 mark)

A fiduciary is not permitted to compete in business with his principal because:

such behaviour is not good for the economy, particularly due to the fact that it is inflationary. such behaviour would be a breach of the Fiduciary Duties Act 1908. a fiduciary is required to put the interests of the principal ahead of his own. All of the above.

Question 2: (1 mark)

Which of the following would be classified as a standard fiduciary relationship?

Mortgagor and mortgagee. Contractor and subcontractor. Banker and customer. Sharebroker and investor. All of the above (Options 1 to 4). None of the above (Options 1 to 4).

Question 3: (1 mark)

A conflict of interest can only be avoided where:

the beneficiary has some legal knowledge about the transaction. the beneficiary makes a fully informed decision, knowing all the details of the potential conflict of interest. the beneficiary signs a consent form for the fiduciary to hold on his/her file. Conflicts of interest can never be avoided and so the fiduciary has to ensure that such a situation never arises.

Question 4: (1 mark)

In respect of the employment relationship:

fiduciary obligations are generally owed by both employer to the employee, and by the employee to the employer. the duty of fidelity owed by manual workers is likely to be viewed by the courts as less onerous than that owed by employees in managerial positions. restraint of trade agreements will always be strictly enforced by the courts in terms of the actual wording of the agreement that the employee and employer have agreed upon. All of the above are true statements.

Question 5: (1 mark)

Where a fiduciary is proven to have breached his/her fiduciary obligation/s, the principal may claim:

compensatory damages. exemplary damages. injunctive relief. an account of wrongful profits. All of the above.

Question 6: (1 mark)

Fiduciary duties generally require:

disclosure to the beneficiary/principal if the fiduciary stands to gain personally from the transaction. considering the interests of the beneficiary/principal. refraining from doing anything which will harm the interests of the beneficiary/principal. All of the above are general fiduciary duties..

Question 7: (1 mark)

An employee may not have a secondary part-time job unless:

he needs it to supplement his earnings. his contract of employment expressly permits him to `moonlight`. it does not conflict with the fiduciary duties he owes to his principal employer. All of the above.

Question 8: (1 mark)

Which of the following duties best describe those which are the concern of equity?

Duties of care. Duties of good faith. Moral duties. Corporate duties.

Question 9: (1 mark)

A `Chinese wall` is used primarily to:

prevent defamatory information being spread about the principal. prevent defamatory information being spread about the fiduciary. protect the principal`s personal security. protect the fiduciary`s personal security. prevent the flow of confidential information from one part of an organisation to another. prevent the flow of confidential information to competitors, who might misuse that information.

Question 10: (1 mark)

An ex-employee:

is never permitted to compete with his former employer. ia able to compete with his employer if there is a restraint of trade clause preventing him from doing so. may compete with his former employer if he competes fairly. may compete with his former employer but only if the employer consents to this. may compete with his former employer but only if the employer`s customers consent to this.

这是10道之外还有可能出现的题目

Question 1: (1 mark)

Fiduciary relationships are basically characterised by:

trust and confidence in one party by another who is in a vulnerable position. a recognition that both parties are essentially on an equal footing in their dealings with each other, but with one being more wealthy than the other. dedication to the interests of the principal in accordance with the provisions of the Fiduciary Obligations Act 1923. All of the above.

Question 2: (1 mark)

Fiduciary duties generally require:

disclosure to the beneficiary/principal if the fiduciary stands to gain personally from the transaction. considering the interests of the beneficiary/principal. refraining from doing anything which will harm the interests of the beneficiary/principal. All of the above are general fiduciary duties..

Question 3: (1 mark)

Which of the following is true?

Accountants would be subject to implied terms in contracts with clients to take care when managing their affairs. Accountants may be liable to parties other than clients unless they issue valid disclaimers accompanying any advice they give to such persons. Accountants owe a duty of loyalty to their clients in equity not to personally profit from their position. All of the above are true statements.

Question 4: (1 mark)

Select the correct statement relating to restraint of trade agreements:

A court will not enforce a restraint of trade agreement unless the restraint operates in the same line of business as that which the employee was engaged in. A court will not enforce a restraint of trade agreement unless the time period for the restraint is reasonable. A court will not enforce a restraint of trade agreement unless the geographical area affected by the restraint is reasonable. All of the above are correct statements

Question 5: (1 mark)

A `Chinese wall` is used primarily to:

prevent defamatory information being spread about the principal. prevent defamatory information being spread about the fiduciary. protect the principal`s personal security. protect the fiduciary`s personal security. prevent the flow of confidential information from one part of an organisation to another. prevent the flow of confidential information to competitors, who might misuse that information

Question 6: (1 mark)

Fiduciary relationships are generally owed by:

the police, to the public. retailers, to customers. politicians, to the electorate. All of the above (Options 1 to 3) are fiduciary relationships. None of the above (Options 1 to 3) are fiduciary relationships.

Question 7: (1 mark)

Secret profiteering would arise where a fiduciary:

accepts a bribe. uses information belonging to the principal to trade on his account without telling the principal. sells his own property to the principal without informing the principal that he (the fiduciary) is the owner of that property. All of the above

Question 8: (1 mark)

Where a breach of fiduciary obligation has been proven, which of the following remedies may be potentially claimed?

Damages only. Injunctive relief only. Damages and injunctive relief only. The gain wrongfully received by the fiduciary, damages and injunctive relief. The gain wrongfully received by the fiduciary, damages, injunctive relief and a decree for specific performance of the fiduciary duties.

Question 10: (1 mark)

Commonly, fiduciary relationships are owed by:

accountants, to their clients. employers, to their employees. company directors, to the shareholders. All of the above.

Question 1: (1 mark)

Which of the following relationships are traditionally regarded as fiduciary in nature?

Directors to companies. Agents to principals. Employees to employers. Trustees to beneficiaries. All of the above.

Question 2: (1 mark)

Commonly, fiduciary relationships are owed by:

accountants, to their clients. employers, to their employees. company directors, to the shareholders. All of the above.

Question 3: (1 mark)

In relation to the law of fiduciary obligations, select the INCORRECT statement from the following:

Fiduciary obligations cannot coexist with contractual obligations. A fiduciary obligation owed by an employee to an employer will be strengthened where an employee is in a more senior position. A moonlighting employee must take care that she is not in breach of her duty to avoid competition with her employer. A fiduciary must account for any profits secretly obtained

~多多~

求 COMLAW304

我汗 这个LEC SLIDES上面什么都没有 根本看不懂  

谁知道304 PASS RATE?

小社大神

quiz 10 fiduciary obligation (b)

Question 4: (1 mark)

Where a fiduciary is proven to have breached his/her fiduciary obligation/s, the principal may claim:

compensatory damages. exemplary damages. injunctive relief. an account of wrongful profits. All of the above.

Question 5: (1 mark)

Secret profiteering would arise where a fiduciary:

accepts a bribe. uses information belonging to the principal to trade on his account without telling the principal. sells his own property to the principal without informing the principal that he (the fiduciary) is the owner of that property. All of the above.

Question 6: (1 mark)

Fiduciary relationships are basically characterised by:

trust and confidence in one party by another who is in a vulnerable position. a recognition that both parties are essentially on an equal footing in their dealings with each other, but with one being more wealthy than the other. dedication to the interests of the principal in accordance with the provisions of the Fiduciary Obligations Act 1923. All of the above.

Question 7: (1 mark)

A lawyer advising a client on the purchase of realty currently owned by a trust, in which the lawyer is a secret beneficiary:

may be committing a breach of trust. may be committing a conflict of interest under fiduciary law. is committing no legal wrong as a seller is always entitled to obtain the best price. cannot disclose his interest under the trust as this would be an invasion of privacy.

Question 8: (1 mark)

Fiduciary relationships are generally owed by:

the police, to the public. retailers, to customers. politicians, to the electorate. All of the above (Options 1 to 3) are fiduciary relationships. None of the above (Options 1 to 3) are fiduciary relationships

Question 9: (1 mark)

Which of the following would be classified as a standard fiduciary relationship?

Mortgagor and mortgagee. Contractor and subcontractor. Banker and customer. Sharebroker and investor. All of the above (Options 1 to 4). None of the above (Options 1 to 4).

Question 10: (1 mark)

In relation to fiduciary law, it is correct to say:

fiduciary duties will vary depending on the type of fiduciary relationship. the law of fiduciary obligations is a central part of equity. liability may be avoided in a conflict of interest situation if there is full disclosure of all material facts and agreement to the conflict. All of the above are correct.

Question 1: (1 mark)

Secret profiteering would arise where a fiduciary:

accepts a bribe. uses information belonging to the principal to trade on his account without telling the principal. sells his own property to the principal without informing the principal that he (the fiduciary) is the owner of that property. All of the above.

Question 2: (1 mark)

Fiduciary relationships are generally owed by:

the police, to the public. retailers, to customers. politicians, to the electorate. All of the above (Options 1 to 3) are fiduciary relationships. None of the above (Options 1 to 3) are fiduciary relationships

Question 3: (1 mark)

A fiduciary obligation would require a fiduciary to:

take reasonable care in acting for the principal. never act for persons with conflicting interests. disclose to the principal any conflict of interest that may arise following the commencement of the fiduciary relationship. never permit a conflict of interest to arise between the fiduciary and the principal.

Question 4: (1 mark)

Commonly, fiduciary relationships are owed by:

accountants, to their clients. employers, to their employees. company directors, to the shareholders. All of the above. Question 5: (1 mark) Fiduciary duties generally require: disclosure to the beneficiary/principal if the fiduciary stands to gain personally from the transaction. considering the interests of the beneficiary/principal. refraining from doing anything which will harm the interests of the beneficiary/principal. All of the above are general fiduciary duties.. Question 6: (1 mark) A conflict of interest can only be avoided where: the beneficiary has some legal knowledge about the transaction. the beneficiary makes a fully informed decision, knowing all the details of the potential conflict of interest. the beneficiary signs a consent form for the fiduciary to hold on his/her file. Conflicts of interest can never be avoided and so the fiduciary has to ensure that such a situation never arises

Question 7: (1 mark)

Fiduciary relationships are basically characterised by:

trust and confidence in one party by another who is in a vulnerable position. a recognition that both parties are essentially on an equal footing in their dealings with each other, but with one being more wealthy than the other. dedication to the interests of the principal in accordance with the provisions of the Fiduciary Obligations Act 1923. All of the above.

Question 8: (1 mark)

A `Chinese wall` is:

a defence. a cause of action. illegal in New Zealand. illegal in New Zealand and the United Kingdom. a statutory obligation.

Question 9: (1 mark)

Case law:

is the major source of the law of fiduciary obligations. is based on the historic doctrine of precedent. is the subject of ongoing development in our legal system, as new cases come before the courts to be decided upon. continues to develop the law of fiduciary obligations as new cases are litigated, including those claiming a breach of fiduciary obligations in circumstances outside the traditional categories. All of the above are true statements.

Question 10: (1 mark)

Fiduciary law is the creation of:

the common law. equity. statute. delegated legislation

Question 3: (1 mark)

Which of the following relationships are traditionally regarded as fiduciary in nature?

Directors to companies. Agents to principals. Employees to employers. Trustees to beneficiaries. All of the above.

Question 6: (1 mark)

Which of the following relationships is characterised as an `established` or `traditional` fiduciary relationship?

Landlord and tenant. Director and shareholders of the company. Banker and customer. Franchisor and franchisee. None of the above.

Question 7: (1 mark)

When a taxi driver departs employment to set up her own business, she can:

accept the ex-employer`s customers if they approach her to use her taxi. use all the routes she learned during the period of her employment. accept requests from former co-workers to join her now that she is running her own business. do all of the above, as they are all acceptable

牙愉

......... = =......牛牛牛....那兩位的名字都出來了..

yueyue19880105

谢谢谢谢,太好了,COMLAW101还有ONLINE QUIZ,下星期考试了,QUIZ还没做呢,哈哈,总之谢谢

digimonk

想当年我也有存stats108的答案。。一个人做了无数遍的practice..不过现在都删了－。－

我爱panda

thx~~~~~~~

弑颜

这帖要顶

bendy1111

哈哈，comlaw101的答案，我们当年也有一份，N多人先后做，全部都满分的

尜.din

楼主只有fiduciary 的Quiz题库吗？
其他topic有吗？

小社大神

Question 1: (1 mark)

Russell has an idea to write a short screenplay about his experiences as a student and he sets about writing it and filming it for distribution on DVD through the student bookshop. In this situation, Russell has copyright, under the Copyright Act 1994, in:

the ideas in his head the moment he has thought of them. the written screenplay only. the written screenplay and the DVD film. the written screenplay and the DVD film as long as they are registered as his copyright under the Act.

Question 2: (1 mark)

In relation to trademarks, select the correct statement:

A trademark must be distinctive in character and capable of visual representation. A trademark may be protected under the common law without being registered under the Trademarks Act 2002. A trademark may infringe another trademark even though the respective goods on which the two marks appear are not actually similar to each other. All of the above are correct.

Question 4: (1 mark)

In relation to the law of copyright in New Zealand, select the correct statement:

Copyright only exists in relation to original works. There is no registration process required to be completed for copyright protection to be effective. Copyright protection does not last indefinitely. All of the above are correct.

Question 5: (1 mark)

In relation to the coming into existence of copyright, select the correct statement:

Under the Copyright Act 1994, copyright protection comes into existence automatically when an original work is created. Under the Copyright Act 1994, copyright will come into existence as soon as a person has an original idea. Under the Copyright Act 1994, registration of copyright is optional though registration is recommended to better protect original ideas. All of the above are true.

Question 6: (1 mark)

Copyright primarily protects:

visually distinctive signs. novel inventions. original ideas and notions. original expressions of ideas.

Question 7: (1 mark)

`Copyright work` is defined in section 14 (1) the Copyright Act 1994 to be a:

personal right. property right. civil right. common law right. equitable right.

Question 8: (1 mark)

The first copyright statute of the United Kingdom was the `Statute of Anne 1709`. This statute created a monopoly on the reproduction of works in favour of:

the authors. the printers. the publishers. the Monarch.

Question 9: (1 mark)

Intellectual property statutes in New Zealand provide for REGISTRATION of all but one of the following types of intellectual property. Which of the following is NOT capable of being registered?

Plant variety rights. Trade marks. Patents. Designs. Copyright.

Question 1: (1 mark)

Under section 2 of the Copyright Act 1994 (the interpretation section), a `computer program` is included in the definition of:

`dramatic work`. `musical work`. `artistic work`. `literary work`. None of the above.

Question 3: (1 mark)

Intellectual property is generated by creativity of the mind, and intellectual property rights protect the interests of such creators of original works by:

Granting certain exclusive rights (such as copyright) in respect of their creations. Creating a type of `temporary monopoly` over such intangible assets and thereby providing the creators with an economic incentive to share their ideas and information rather than keeping them secret. Facilitating the commercialisation of intellectual property (through the use of licences, franchises and the like) whilst still protecting these intangible assets. All of the above.

Question 4: (1 mark)

In relation to trademarks, select the correct statement:

A trademark must be distinctive in character and capable of visual representation. A trademark may be protected under the common law without being registered under the Trademarks Act 2002. A trademark may infringe another trademark even though the respective goods on which the two marks appear are not actually similar to each other. All of the above are correct.

Question 5: (1 mark)

The brand name `Coca-Cola` is capable of being protected under:

the Plant Varieties Act 1987. an action for breach of confidence. the Layout Designs Act 1994. the Trademarks Act 2002.

Question 6: (1 mark)

Trademarks are also known as:

copyrights. brands. original works. moral rights.

Question 7: (1 mark)

Intellectual property can be commercialised or exploited through the use of:

franchises. licences. user agreements. sale and purchase agreements. All of the above.

Question 8: (1 mark)

Copyright primarily protects:

visually distinctive signs. novel inventions. original ideas and notions. original expressions of ideas.

Question 9: (1 mark)

The technical term for a breach of the Copyright Act 1994 is:

`cause of action`. violation contravention infringement None of the above.

Question 10: (1 mark)

In New Zealand, intellectual property rights can be protected by:

statute only. statute plus judge-made rules (such as the tort of passing off). judge-made rules only.

uestion 10: (1 mark)

In relation to the law of trade marks, one of the following statements is incorrect. Select the INCORRECT statement:

A trade mark is a sign capable of being represented graphically and distinguishing the goods and services of one person from those of another person. A trade mark could never include a sound, a s+mell, a taste or a word as these are specifically excluded from the statutory definition. In order for a trade mark to be protected under the Trade Marks Act 2002, it must be registered under that Act. Both civil remedies and criminal penalties are available in New Zealand if a registered trade mark is infringed.

Question 7: (1 mark)

In the law of property, intellectual property is defined as:

tangible property. intangibile property. real property. None of the above.

Question 10: (1 mark)

In relation to the law of copyright, one of the following statements is incorrect. Select the INCORRECT statement:

Copyright protection does not last forever; the normal rule is `life of the author plus fifty years`. Copyright protection exists in New Zealand because there is specific legislation which creates it. In order for copyright to be protected, the author must go through a copyright registration process, as copyright protection does not automatically come into existence when a work is produced. Both civil remedies and criminal penalties are available in New Zealand if copyright is infringed.

Question 6: (1 mark)

Copyright is an example of:

intangible property. intellectual property. personal property. All of the above.

小社大神

Which of the following is a standard feature of a breach of civil obligation?

The plaintiff must generally suffer physical harm/injury to qualify for relief. The plaintiff must link the defendant to the plaintiff`s loss by showing the defendant caused the harm. There must be proof that the defendant intended to cause the plaintiff harm. Breach of a civil obligation will result in a court punishing the wrongdoer. `A single event, act or omission may give rise to several alternative causes of action.` In such situations: More than one cause of action can be pleaded by the plaintiff in the statement of claim. It is the plaintiff`s choice as to which cause/causes of action is/are pleaded. Even though more than one cause of action is available, the plaintiff is not able to claim double or cumulative damages. All of the above are true. Section 252(1) of the Crimes Act 1961 states `Everyone is liable to imprisonment for a term not exceeding two years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system`. This is an example of: [table] a statutory provision which creates civil liability. a statutory provision which creates a criminal offence. judge made law, creating a new area of liability (when it was decided, back in 1961). equity creating a new area of liability, to flexibly deal with the new issue of computer hacking. None of the above.

[/td][/tr][/table]

In civil actions, proof of harm/loss is:

an essential element for most causes of action. enough to justify a remedy being awarded by the court. for the defendant to establish. unnecessary in most cases. Civil obligations can arise from: statutes. the common law. equity. All of the above.

In relation to statutory offences, select the correct statement:

Mens rea is a requirement for all statutory offences as it is a fundamental principle of criminal law that all offences have two component parts: the actus reus and the mens rea. There is no possible defence to a strict liability offence. Parliament sometimes clearly indicates what type of offence is created by a particular statutory provision, by expressly stating so within the provision concerned. All of the above are true.

Absolute liability offences:

impose liability where proof of intention has been presented. are only found in the civil law. have a `lack of fault` defence available. None of the above statements is accurate.

Complete the statement which follows. `It is a fundamental principle of criminal law that a crime is divided into two component parts: ... ` :

the actus rea and the mens reus. the actus reus and the mens rea. the strict liability offence and the absolute liability offence. None of the above is accurate.

Strict liability offences:

impose liability without the need for proof of intention in respect of the offence. are found in the civil law. have no defence. are always punishable by imprisonment. All of the above are true.

----------

In respect of the law of obligations, select the most accurate statement:

The law of obligations is now codified in the Crimes Act 1961, recognising the overriding importance of addressing criminal liability in modern business. Some of our civil obligations originated from the English Court of Chancery. No civil obligations are statute-based; they have all developed from the common law. None of the above is accurate.

Strict liability offences:

impose liability without the need for proof of intention in respect of the offence. are found in the civil law. have no defence. are always punishable by imprisonment. All of the above are true.

Civil obligations can arise from:

statutes. the common law. equity. All of the above.

Select the correct statement from the following general propositions:

For every situation where the conduct of the defendant leads to civil liability, there will be corresponding criminal liability in respect of that conduct under a statutory provision. All civil obligations in New Zealand today stem from judge-made rules. In New Zealand today, all criminal offences are clearly stated as such in the legislative provisions which create them. In New Zealand today, judges can and do readily create new criminal offences; as they decide cases which involve behaviour they consider should be criminal and punishable by imprisonment. All of the above are correct statements. In respect of the law of obligations, select the most accurate statement: Several of the so-called judge-made obligations have their origins in the court of equity hundreds of years ago. The common law courts developed all of the law of obligations as we know it today. All important obligations are statute-based. The law of obligations has developed in such a meticulous way that the courts have ensured that there are never any overlapping obligations (multiple obligations) in any case.

Section 252(1) of the Crimes Act 1961 states `Everyone is liable to imprisonment for a term not exceeding two years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system`. The words `ACCESSES, DIRECTLY OR INDIRECTLY, ANY COMPUTER SYSTEM` refer to:

the actus reus of the offence. the mens rea of the offence. the maximum penalty for the offence. the burden of proof relating to the offence. the standard of proof relating to the offence. None of the above.

In Balfour v Attorney-General [1991] 1 NZLR 519, the plaintiff failed in his action due to the following:

He struck unsympathetic judges in both the High Court and the Court of Appeal. He could not prove that he had suffered any harm or injustice. He could not frame his case within a cause of action. All of the above are true.

Section 252(1) of the Crimes Act 1961 states `Everyone is liable to imprisonment for a term not exceeding two years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system`. This is an example of:

a statutory provision which creates civil liability. a statutory provision which creates a criminal offence. judge made law, creating a new area of liability (when it was decided, back in 1961). equity creating a new area of liability, to flexibly deal with the new issue of computer hacking. None of the above.

The law of obligations is, in general terms, concerned with:

rights and duties between persons. remedies for civil wrongs. the law of contract, torts and equity. All of the above.

In order for a statute to create civil liability:

the statute must itself expressly state that a cause of action is created, as in the Fair Trading Act 1986. a court may interpret a statute in such a way as to find a cause of action is impliedly created, although there is no provision in the statute which expressly does so. there must be a specific section in the statute which states that the offence is one of strict liability or one of absolute liability. None of the above statements is accurate.

Question 1: (1 mark)

In Balfour v Attorney-General [1991] 1 NZLR 519 (in which a school teacher sought redress in respect of an alleged breach of statutory duty and negligence by the Education Department) the plaintiff did not succeed because:

though he could establish harm, he was not able to establish a breach of any civil obligation by the defendant. he was trying to obtain excessive damages by pleading two causes of action. he had brought his case in the wrong court; namely the High Court, which only deals with statutory breaches and not civil actions. he could not prove that the Education Department had committed any criminal offence in its dealings with him.

Question 2: (1 mark)

Section 252(1) of the Crimes Act 1961 states `Everyone is liable to imprisonment for a term not exceeding two years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system`. This is an example of:

a statutory provision which creates civil liability. a statutory provision which creates a criminal offence. judge made law, creating a new area of liability (when it was decided, back in 1961). equity creating a new area of liability, to flexibly deal with the new issue of computer hacking. None of the above

Question 3: (1 mark)

In relation to the civil law, select the correct statement:

The law of property is an important branch of the civil law. The law of obligations is an important branch of the civil law. The law of property covers the legal relationship between persons and things, and gives rights in respect of property (called `property rights`). The law of obligations provides for actions which can be brought against persons who have breached legal obligations, and gives rights against such persons (called `personal rights`). All of the above are true. Question 4: (1 mark) In order to enforce a civil obligation, the law: usually requires proof of harm. always requires proof of harm. never requires proof of harm. rarely requires proof of harm.

Question 5: (1 mark)

Select the correct statement from the following general propositions:

For every situation where the conduct of the defendant leads to civil liability, there will be corresponding criminal liability in respect of that conduct under a statutory provision. All civil obligations in New Zealand today stem from judge-made rules. In New Zealand today, all criminal offences are clearly stated as such in the legislative provisions which create them. In New Zealand today, judges can and do readily create new criminal offences; as they decide cases which involve behaviour they consider should be criminal and punishable by imprisonment. All of the above are correct statements

Section 252(1) of the Crimes Act 1961 states `Everyone is liable to imprisonment for a term not exceeding two years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system`. The words `KNOWING` (that he or she is not authorised to access that computer system) and `BEING RECKLESS` (as to whether or not he or she is authorised to access that computer system) refer to:

the actus reus of the offence. the mens rea of the offence. the maximum penalty for the offence. the burden of proof relating to the offence. the standard of proof relating to the offence. None of the above.

Which of the following is a source of civil obligation/s?

An agreement between two persons. The common law. Equity. All of the above.

Absolute liability offences require:

the prosecution to prove mens rea beyond reasonable doubt. the defendant to prove an absence of mens rea. the prosecution to prove a prohibited act; there then being no defence available to the defendant. the defendant to prove an absence of fault in order to escape conviction.

Question 3: (1 mark) Dottie rents a car from Cecil. Dottie is dissatisfied with the rental vehicle. She feels that it spoilt her holiday in Queenstown. Dottie beats in the doors and windows of the vehicle with her golf club. Cecil has insurance to cover damage/losses occurring in such situations. Which of the following most accurately sets out the potential consequences for Dottie in these circumstances? There would be potential civil liability ONLY, as a result of Dottie breaching her contract with Cecil. There would be potential criminal liability ONLY, as a result of Dottie committing an offence against section 11 of the Summary Offences Act 1981 (which relates to `wilful damage`) or an offence against section 269 of the Crimes Act 1961 (which relates to `intentional damage`). There would be BOTH potential civil liability, as a result of Dottie breaching her contract with Cecil; AND potential criminal liability, as a result of Dottie committing an offence against section 11 of the Summary Offences Act 1981 (which relates to `wilful damage`) or an offence against section 269 of the Crimes Act 1961 (which relates to `intentional damage`). Dottie would be facing NO potential liability (either civil or criminal) as Cecil has insurance to cover damage/losses in such situations.

小社大神

累死，一条一条整理

lylshmilyo

厉害厉害~~~有电子版的么~~

小社大神

lsd，稿子

ddxjay

Lz，请你把这个置顶吧！太强大了！虽然我不是学comlaw101的。

字執志

谢谢！
如果大家都像小社大神这样分享而不是卖   那该多么好阿！

小社大神

我希望大家不要单纯拿这些答案来应付cecil quiz，而只是当一种参考或复习资料

image.eric

嗯只是做检查ｑｕｉｚ答案还是很有用的。自己不做最后会完蛋的哈。。

TimLi

感谢分享，下学期要修了。

猪a

！！！！！！！！！！！！！！！！！！！！！！！！！！！！

吸血公主

我也有，我是不是发我的也可以成精华了

小社大神

可以加精华

红枣

dddddddddddddddddddddddddddd

$raymond$

赚SKB........................打扰了

Yang儿

the solution of first question is C