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Unit 1 Legal Studies - Exam Revision Booklet

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Unit 1 Legal Studies
Exam revision booklet
2023
NEED TO KNOW – KEY INFORMATION
Exam date: Wednesday, 15th June
Reading time: 11:10am – 11:20am. You may not access a pen during this time. You need to
read all questions on the exam very carefully, and use reading time to set your time
allocations for each question, and plan your answers for each question. Check all task
words carefully. If you have time, read the paper a second time.
Writing time: 11:20am – 12:50pm. Be sure to attempt all questions. Always use full
sentences, and explain ideas in full detail. In case studies questions, use evidence from the
case study to support your answer. Use mark allocation and line allocation as a guide to the
length and complexity expected of your answer.
Bring: pens – blue / black (more than one pen!)
Answer all questions on the exam paper provided
You may not bring in any notes, textbook, written material, electronic devices to the exam
Unit 1 Area of Study 1
On completion of this unit you should be able to describe the main sources and types of
law, and assess the effectiveness of laws.
Examinable content:
Legal foundations (Chp 3)
 The role of individuals, laws and the legal system in achieving social cohesion and
protecting the rights of individuals
 The principles of justice: fairness, equality and access
1
 Characteristics of an effective law, such as it reflects society’s values, is enforceable, is
known, is clear and understood, and is stable
 Sources of law, such as common law and statute law
 An overview of the relationship between parliaments and the courts
 Types of laws such as criminal and civil law
 The distinction between criminal and civil law
 An overview of, and reasons for, the Victorian court hierarchy
For AOS 1, do you know?
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What’s the difference between laws and rules?
What are the roles and characteristics of laws, and how do you judge if a law is
effective?
Do you know about the different types and areas of law?
Could you explain the link between parliament and the courts, and do you know
about the different sources of law? How do you tell what the source of law is in a case
study?
Do you know about the court hierarchy, and why we have it? Do you know which
courts have a jury? Do you know the appellate and original jurisdiction of each of the
courts? Do you know what types of criminal offences are heard in each court?
Do you know about the key concepts of guilt and liability? How are they different, and
how are they linked?
Unit 1 Area of Study 2
On completion of this unit, you should be able to explain the purposes and key concepts of
criminal law, and use legal reasoning to argue the criminal culpability of an accused based
on actual and/or hypothetical scenarios.
Examinable content:
The presumption of innocence (Chp 4)
 The purpose of criminal law
 The presumption of innocence
 Key concepts of criminal law
o Elements of a crime: actus reus and mens rea
o Strict liability
o Age of criminal responsibility
o The burden of proof in criminal law
o The standard of proof in criminal law
 Types of crimes, such as crimes against the person and crimes against property
 The distinction between summary and indictable offences
 Possible participants in a crime, such as principal offenders and accessories
2
Indictable offences – chosen case studies in 2023 (Chp 5)
(1) Murder
o Elements of the offence
o Possible defences
o The role of statue law and common law in developing the elements of the
offence and defences
o Trends and statistics in relation to the offence in Victoria and in one other
jurisdiction
o The possible impacts of the offence on individuals and society
(2) Culpable driving causing death
o Elements of the offence
o Possible defences
o The role of statue law and common law in developing the elements of the
offence and defences
o Trends and statistics in relation to the offence in Victoria and in one other
jurisdiction
o The possible impacts of the offence on individuals and society
For AOS 2, do you know?
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What all the elements of a crime are?
How does liability change with age? What does strict liability mean?
What are indictable offences? What are their potential consequences? Which courts
are different indictable offences are heard in? Is a jury present, and what is their role?
What are summary offences? What are their potential consequences? Which courts
are different summary offences are heard in? Who decides a verdict in a summary
offence case?
What actus reus and mens rea mean?
What are the elements of some specific indictable offences, and what are potential
defences?
Who the parties are in a criminal case?
What is the burden and standard of proof?
3
Unit 1 Area of Study 3
On completion of this unit, you should be able to explain the purposes and key concepts of
civil law, and use legal reasoning to argue the liability of a party based on actual and/or
hypothetical scenarios.
Examinable content:
Civil liability (Chp 9)
 The purposes and types of civil law
 Key concepts of civil law, including:
o Breach
o Causation
o Loss
o Limitation of actions
o The burden of proof
o The standard of proof
 Possible plaintiffs and defendants to a civil dispute
Tort law (Chp 8)
Tort law – chosen case studies 2023
 Negligence
 Defamation
 Nuisance
Demonstrate understanding of the following for each of the case studies listed above:
o
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o
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o
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The rights protected by the law for each case study above
The elements required to establish liability
The limitations of actions
Possible defences
The role of common law and statute law in developing the elements and defences
The impact of the breach on the parties
For AOS 3, do you know?
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Why we have civil law and what it tries to achieve?
What the key concepts of civil law are?
Who are the different parties (be able to define a range of potential parties)?
What elements need to be present for a defendant to be found liable for negligence
and defamation?
Which courts hear civil cases? Who brings a case to court? Is there a jury present?
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What possible defences can be offered for negligence and defamation?
Who holds the burden of proof, and what it the standard of proof in a civil case?
Suggested revision activities:
1.
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Glossary revision of key terms
Create a Quizlet of key terms and concepts for each Area of Study above
Ensure that all key terms and concepts from the start of each chapter are included
Include other relevant key terms and concepts from your own notes and/or the class
powerpoints
o Use the Quizlets as a revision tool to memorise key terms / concepts
o Use the Quizlets when answering practice exam questions to ensure that you have
applied relevant terms to questions
2.
3.
4.
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Practice exam – CPAP Legal Studies 2023
Review your feedback from each SAC on SEQTA
Act on the feedback when completing revision questions
Complete at least one practice exam
Seek feedback on your practice exam questions
You can choose to complete this in one of the following conditions:
o Untimed – open book and with the sample answers provided as support
o Untimed – unlimited own notes only, no sample answers until afterwards
o Some timed sections – no or limited notes
o Timed – full exam conditions
5.
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Practice Revision Questions / Practice Assessment Questions
Review your feedback from each SAC on SEQTA
Act on the feedback when completing revision questions
Complete the following practice tasks in one of the conditions above for ‘practice
exam questions’
o Use the ‘Chapter review’ sections for each of the chapters to practice your technique
responding to sample scenarios / prompts:
o Seek feedback on the following practice revision questions / practice assessment tasks
o Chp 3 – Legal foundations p.70-71
o Chp 4 – The presumption of innocence p.94-95
o Chp 5 – Indictable offences p.140-141
o Chp 6 – Indicatable offences task (choose EITHER murder OR culpable driving
causing death) p.197
5
o Chp 7 – Defamation and negligence case study scenarios (25 marks each)
p.219
o Chp 8 – Nuisance case study scenario (25 marks) p.253
6
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