UNIT THREE
Sac One - Parliament
Question 7 - 2011 exam
A former member of parliament recently commented that ‘the use of the media has been effective
in influencing change in the law in recent times, given that parliament itself has weaknesses as
a law-maker’.
a. Using one example, explain how individuals or groups may use the media to influence
legislative change. 2 marks
b. Evaluate two weaknesses of parliament as a law-maker. 6 marks
Question 1 – 2010 exam
Amelia has been reading several reports about the use of capsicum spray by Victoria Police and
wants to try to influence the Victorian Parliament to change the law.
a. Outline the structure of the Victorian Parliament. 2 marks
b. Describe one way that Amelia could use to try to influence the Victorian Parliament to change
the law. 2 marks
c. After an individual has been arrested, identify one right of that individual and one police
power that could be used. 2 marks
Sac Two - constitution
Question one – 2011 exam
Distinguish between exclusive and residual powers. 2 marks
Question 6 - 2011 exam
“The structural protection of rights in Australia is one of the means by which the Commonwealth
Constitution protects rights.’
a. Explain the term “structural protection”. 2 marks
b. Describe two other means by which the Commonwealth Constitution protects rights in
Australia. 4 marks
Question 10- 2011 exam
In Australia, methods and processes exist to enable a change to the division of law-making
powers between the State and Commonwealth Parliaments.
Identify one method of changing constitutional power and analyse its impact on the division of
law-making powers. 5 marks
Question 3 – 2010 exam
Explain one way in which the Commonwealth Constitution restricts the Commonwealth
Parliament’s lawmaking powers.
2 marks
Question 6 – 2010 exam
Using one case, explain the impact of the High Court’s interpretation of the Commonwealth
Constitution on the law-making powers of the State and Commonwealth Parliaments.
4 marks
Question 8 – 2010 exam
The approaches adopted by the United Kingdom, the United States of America, Canada, New
Zealand and
South Africa are different from the approach used by Australia for the constitutional protection of
democratic and human rights.
Explain how the Commonwealth Constitution protects democratic and human rights. In your
answer explain one way in which the approach adopted by Australia is different from the
approach adopted by one of the countries listed in the above statement. Country you have
chosen ______________________________.
6 marks
Sac Three - courts
Question 5 - 2011 exam
a. Explain one effect of statutory interpretation. 2 marks
b. Other than statutory interpretation, describe one other relationship between courts and
parliaments in law-making. 2 marks
Question 8 - 2011 exam
In a recent decision the Victorian Supreme Court (Trial Division) established a new precedent.
a. Outline the original jurisdiction of the Victorian Supreme Court (Trial Division). 2 marks
b. To what extent are judges bound to follow the new precedent in future cases with similar
fact situations? Justify your answer. 5 marks
Question 9 – 2010 exam
The doctrine of precedent allows for both consistency and flexibility.
Critically examine these two strengths of the doctrine of precedent.
6 marks
Question 7 – 2009 exam
‘The operation of the doctrine of precedent relies upon the existence of a hierarchy of courts.’
a. Explain the above statement. 2 marks
b. To what extent are judges limited in their ability to make law? Justify your answer. 6 marks
Question 10 – 2008 exam
‘The doctrine of precedent limits the role of the courts as law-makers. However, the courts can
still make significant changes to the law.’ Evaluate the extent to which the doctrine of precedent
allows the courts to change the law.
8 marks
Question 5 – 2007 exam
Identify two features of the relationship between courts and parliament in the law-making
process.
(2 marks)
UNIT Four
Sac One – ADR and VCAT
Question 3 - 2011 exam
In your opinion, would the Victorian legal system improve if there was one level of courts instead
of a hierarchy? Justify your answer. 3 marks
Question 12 - 2011 exam
Compare the way courts and the Victorian Civil and Administrative Tribunal (VCAT) operate to
resolve disputes.
In your answer describe one dispute resolution method used by VCAT and/or the courts. 8
marks
Question 2 – 2010 exam
Carl has been found guilty of culpable driving and sentenced to 150 hours of community service.
a. In which court is it most likely that this case would have been heard? 1 mark
b. Who would have handed down Carl’s sanction? 1 mark
c. Identify and describe one other criminal sanction that could have been imposed on Carl, and
explain one of its purposes.
3 marks
Question 5 – 2010 exam
Jane and David have been involved in an ongoing dispute. They have been advised to use either
mediation or arbitration as a dispute resolution method.
Compare mediation and arbitration as methods of dispute resolution.
4 marks
Question 7 – 2010 exam
The existence of tribunals ensures that people have effective access to mechanisms for the
resolution of disputes.
To what extent do you agree with the above statement? Justify your answer.
5 marks
Sac Two – civil and criminal/jury and adversary
Question 4 - 2011 exam
Explain one recent change in the legal system designed to improve its operation. 3 marks
Question 2 - 2011 exam
Describe one purpose of a committal hearing and explain how it can promote the timely
resolution of a criminal case. 3 marks
Question 9 - 2011 exam
A professor of law recently said in a public speech that ‘the role of the judge in the adversary
system of trial is an important feature’.
Evaluate the role of the judge in the adversary system of trial. 5 marks
Question 11 - 2011 exam
Andrew is involved in a civil dispute in which his former employer is seeking damages against
him in the Supreme Court. His laywer advises him that there are several pre-trial procedures
that may occur.
Do civil pre-trial procedures achieve effective access to the legal system? Discuss. 6 marks
Question 13 - 2011 exam
In a recent submission to the Victorian Law Reform Commission (VLRC), an individual stated
that the ‘jury system is outdated and should be abolished’.
Discuss the extent to which you agree or disagree with this statement. In your answer describe
the role of the VLRC. 10 marks
Question 10 – 2010 exam
Explain the role of a jury in a criminal trial in Victoria. Do you support the retention of juries in
Victoria? Give reasons for your answer.
8 marks
2010 Legal Studies Examination
Instructions
Answer all questions in the spaces provided. In Question 11 answer either part a. or part b.
Indicate which part, a. or b., of Question 11 you have answered.
Question 4 – 2010 exam
The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is
claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court
Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.
4 marks
Question 11 – 2010 exam
EITHER
a. A member of parliament recently declared that parliament has no weaknesses and should be
the only lawmaker in Australia. Critically evaluate parliament as a law-maker. In your answer
describe one aspect of the relationship between parliament and courts in law-making.
10 marks
OR
b. A Supreme Court Justice recently declared that the adversary system of trial should no longer
be used in
Victoria.
Critically evaluate the use of the adversary system of trial. In your answer describe one possible
improvement to the adversary system.
10 marks
Indicate whether you are answering either part a. or part b.
PAST EXAM QUESTIONS
2009 Legal Studies Examination
Question 1 – 2009 exam
Alex has just been charged with armed robbery and will appear in the Magistrates’ Court today
for a bail application.
Explain two possible outcomes of this bail application. 2 marks
Question 2 – 2009 exam
Explain the principle of separation of power. 3 marks
Question 3 – 2009 exam
The Marital Status Act 2009 has just been passed by the Victorian Parliament.
a. Other than making laws, outline one other role of the lower house of the Victorian Parliament.
1 mark
b. If the constitutional validity of the Marital Status Act 2009 was challenged, identify the court
that would hear this matter. Outline one aspect of its appellate jurisdiction. 2 marks
c. How could Section 109 of the Commonwealth Constitution affect this law if it were challenged
in the courts? 2 marks
Question 4 – 2009 exam
Critically evaluate one advantage of our jury system. 3 marks
Question 5 – 2009 exam
‘Pre-trial procedures are designed to speed up the resolution of civil disputes.’
Comment on this statement. In your answer describe one civil pre-trial procedure. 5 marks
Question 6 – 2009 exam
Sophie is having problems with a property that she owns. Sophie has been advised to make an
application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in
order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential
Tenancies List. Explain two advantages of tribunals in resolving disputes. 6 marks
Question 8 – 2009 exam
The Coroners Act 2008 establishes the Coroner’s Court of Victoria as an inquisitorial court.
a. Identify and describe one process the Coroners Act 2008 would have gone through in its
progress through parliament. 2 marks
b. Explain two features of the adversary system of trial and compare them with the inquisitorial
system of trial. 6 marks
Question 9 – 2009 exam
‘The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for
protecting human and democratic rights.’
a. Evaluate the process of changing the Constitution as outlined in Section 128. 4 marks
b. Is the Commonwealth Constitution an ‘ineffective mechanism for protecting human and
democratic rights’? Justify your answer. 6 marks
Question 10 – 2009 exam
Answer either part a. or part b. of this question.
EITHER
a. ‘Laws need to change for many reasons. Sometimes parliament fails to respond adequately.’
Discuss this comment. In your discussion explain how individuals, groups and one law reform
body can attempt to influence a change in the law. 10 marks
OR
b. ‘To some extent our legal system achieves the elements of an effective legal system; however,
some changes are needed.’
Discuss this comment. In your discussion explain how recent changes and/or recommendations
for change attempt to achieve the four elements of an effective legal system. 10 marks
2008 Legal Studies Examination
Question 1 – 2008 exam
Sally has just become an Australian citizen and is interested in learning more about the
Australian legal system. She is particularly interested in the way laws are changed.
a. Outline the role played by the Crown in the law-making process.
b. Explain one reason why laws may need to be changed. Provide an example to illustrate your
answer.
c. Identify and explain one way in which Sally can participate in influencing a change in a law.
1 + 2 + 2 = 5 marks
Question 2 – 2008 exam
David has just lost his civil action in the County Court. He has had difficulty reading his
judgment, and does not understand why the judge has interpreted a Victorian Act of Parliament.
a. Outline two reasons why statutes may need to be interpreted.
b. David wants to appeal the outcome of his case. In which court would the appeal be heard?
2 + 1 = 3 marks
Question 3 – 2008 exam
Describe one function of the Coroner’s Court. 2 marks
Question 4 – 2008 exam
The police strongly suspect that Tony, aged 40, has committed a criminal offence and wish to
interview him at the police station. Explain one individual right that Tony has and one power
the police have in this situation.
4 marks
Question 5 – 2008 exam
Using one of the countries listed below, explain two ways in which that country’s approach to
the constitutional protection of democratic and human rights is similar to, or different from,
the approach provided by the Commonwealth Constitution of Australia. The countries you may
use for the comparison with Australia are Canada, New Zealand, South Africa, the United
Kingdom or the United States of America.
(In your answer you may explain two similarities, or two differences, or one similarity and one
difference.)
4 marks
Question 6 – 2008 exam
The following scenario contains several errors in the way this trial has been conducted. Anna,
aged 30, was charged with murder and her case went directly to the Supreme Court. A
magistrate today in the Supreme Court thanked the jury of 12 for their time. With a majority
verdict, the jury found Anna guilty of murder and sentenced her to 15 years imprisonment. One
of the jurors knew Anna’s brother very well from work. Identify three errors in the above
scenario and explain the correct process or procedure which should have occurred.
6 marks
Question 7 – 2008 exam
James and his friends were celebrating James’ 35th birthday at a local restaurant. At the end of
the night, James decided that he may have had too much to drink and called a taxi. On the way
out, James tripped on some worn carpet and fell to the floor, causing him a serious injury. After
consulting his lawyer, James decides to sue the restaurant for compensation.
a. Identify which party has the burden of proof in this case.
b. Outline one role of the judge if this case goes to trial.
c. Advise James on the purpose of two pre-trial procedures which his lawyer might use in this
case.
1 + 1 + 4 = 6 marks
Question 8 – 2008 exam
A writer in a legal journal said, ‘Alternative dispute resolution is now the best way to resolve civil
disputes’. Critically evaluate the effectiveness of alternative dispute resolution in resolving
disputes and indicate whether you agree with the writer’s comment.
6 marks
Question 9 – 2008 exam
‘Two strengths of parliament as a law-maker are that it makes laws which reflect the views of the
community and can make laws whenever the need arises.’ Critically examine these two
strengths.
6 marks
Question 11 – 2008 exam
Answer either part a. or part b. of this question.
EITHER
a. ‘It is very difficult to change the way law-making powers are divided between the State and
Commonwealth Parliaments.’ Discuss the above statement and indicate the extent to which you
agree with it, giving reasons for your answer. Include in your answer an explanation of how lawmaking powers are divided between State and Commonwealth Parliaments by the
Commonwealth Constitution.
OR
b. ‘The use of the adversary and jury systems in Victorian criminal trials ensures that we have
an effective legal system.’ Discuss the above statement and indicate the extent to which you
agree with it, giving reasons for your answer. Include in your answer an explanation of two
elements of an effective legal system.
10 marks
2007 Legal Studies Examination
Question 1 – 2007 exam
Outline one role of the lower house of the Commonwealth Parliament. (1 mark)
Question 2 – 2007 exam
Several important principles ensure that the Australian parliamentary system is democratic. One
of these is the principle of responsible government. Explain the principle of responsible
government.
(2 marks)
Question 3 – 2007 exam
Formal law reform bodies such as the Australian Law Reform Commission, parliamentary
committees, the Victorian Law Reform Commission, government inquiries and royal
commissions play an important role in the process of changing the law. Select one of the formal
law reform bodies listed above and explain its role in assessing the need for change in the law. (2
marks)
Question 4 – 2007 exam
James has been involved in a serious car accident and has been charged with culpable driving.
At the conclusion of the committal hearing he was committed to stand trial, and he was refused
bail.
a. Explain the purpose of a committal hearing.
b. Outline one reason why bail can be refused.
c. Outline one purpose of one criminal sanction which could be imposed if James is found
guilty at his trial. (2 + 1 + 1 = 4 marks)
Question 6 – 2007 exam
Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television.
He has decided to plead .not guilty. to the charge and have it heard in the Magistrates Court. His
friend, Danni, tells him that Bruce could have this case tried in another court if he wanted to
and if Bruce is convicted in the Magistrates. Court, there is more than one possible appeal
available to him. Do you agree with Danni.s advice? Give reasons for your answer.
(3 marks)
Question 7 – 2007 exam
While changes have been made to enhance the effective operation of our legal system, more
improvements could still be made. Discuss one recent change, and one recommendation for
change, aimed at improving the effective operation of the legal system. (4 marks)
Question 8 – 2007 exam
Discuss the significance of two High Court cases that have interpreted the Commonwealth
Constitution. In your answer, indicate the impact these cases have had on the law-making
powers of the State and Commonwealth Parliaments. (4 marks)
Question 9 – 2007 exam
Parliament is said to have many strengths as a law-making body. Identify and critically examine
two of those strengths. (6 marks)
Question 10 – 2007 exam
Compare one major feature of the adversary system of trial with one feature of the inquisitorial
system. Would the adversary system be improved if it adopted that feature of the inquisitorial
system? Justify your answer. (6 marks)
Question 11 – 2007 exam
Australia’s approach to the constitutional protection of democratic and human rights is different
from, and not as effective as, the approach adopted in the United Kingdom, the United States of
America, Canada, New Zealand and South Africa.
Compare Australia’s approach to the constitutional protection of democratic and human
rights with the approach adopted in one of the countries listed above. In your answer, evaluate
how effective the Commonwealth of Australia’s Constitution is in protecting democratic and
human rights.
(8 marks)
Question 12 – 2007 exam
Problems associated with civil pre-trial procedures make it difficult for people to gain access to
the law. These problems have also contributed to the popularity of tribunals and alternative
dispute resolution methods.
Discuss two problems affecting our system of civil pre-trial procedure which make it
difficult for people to gain access to the law. In your answer, indicate how tribunals and
alternative methods of dispute resolution have attempted to overcome these problems.
(8 marks)
Question 13 – 2007 exam
Answer either part a. or part b. of this question.
EITHER
a. .Our common law system of law-making ensures that similar cases with similar fact
situations receive similar rulings by judges. Critically evaluate the effectiveness of this process of
law-making by the courts, and justify your conclusion.
OR
b. A legal writer recently commented: I believe that the jury is one of the most important
institutions in ensuring that Australia has an effective legal system. However, not everyone
agrees with me. Critically evaluate the extent to which the jury system contributes to an effective
legal system, and justify your conclusion.
(10 marks)
2006 Legal Studies Examination
Question 1 – 2006 exam
Recently a critic of the Australian legal system commented that a hierarchy of courts is not
necessary. Outline one reason to justify the existence of the court hierarchy.1 mark
Question 2 – 2006 exam
Every year the Commonwealth and State Parliaments make changes to the law. Outline one
reason why the law might need to be changed.1 mark
Question 3 – 2006 exam
George and Sarah are partners in a large construction business and they are involved in a
dispute with a property developer. Their solicitor advises them that they might have to
commence litigation in the Supreme Court. a. Outline the original civil jurisdiction of the
Supreme Court.
b. Outline one civil remedy which could be ordered in this case and explain its purpose.
1 + 2 = 3 marks
Question 4 – 2006 exam
‘Parliament’s task is to legislate, but the impact of that legislation can be affected by how it is
interpreted by the courts.’ Explain one reason why courts sometimes have to interpret a statute.
2 marks
Question 5 – 2006 exam
A visitor to Australia, who is studying our parliamentary system, comments that the system is
easy to understand except for ‘the separation of power’. Explain to the visitor the principle of the
separation of power in the Australian parliamentary system.
2 marks
Question 6 – 2006 exam
‘The Commonwealth Constitution of Australia divides law-making powers between the State and
Commonwealth Parliaments. By passing this Bill, the Victorian Parliament will be legislating in
an area of residual power.’ From the Minister’s Second Reading Speech in the Legislative
Assembly
a. Explain the second reading stage of the legislative process.
b. Explain the difference between residual powers and exclusive powers. In your answer, include
an example of each of these powers.
2 + 4 = 6 marks
Question 7 – 2006 exam
Mia applied for a job in a bar but the owner, Jodie, said she did not want to employ Mia because
she was married.
Jodie said she was trying to attract single people to the bar, and married people would be bad for
business. Mia’s friend tells her that she should complain about this and ‘take Jodie to court’.
a. Identify the court or tribunal that has the power to hear this sort of case.
b. Explain an alternative method of dispute resolution which could be used to resolve a case like
this and evaluate its effectiveness.
1 + 4 = 5 marks
Question 8 – 2006 exam
a. Explain how one democratic or human right is protected by the Commonwealth Constitution.
b. ‘The approach adopted for the constitutional protection of democratic and human rights can
differ between countries.’ Compare Australia’s approach with the approach of one of the
following countries: the United Kingdom, the United States of America, Canada, New Zealand,
South Africa.
2 + 4 = 6 marks
Question 9 – 2006 exam
One aim of criminal pre-trial procedures is to protect people from being treated unjustly.
Comment on how two criminal pre-trial procedures attempt to achieve this aim.
4 marks
Question 10 – 2006 exam
Identify two recent changes, or recommendations for change, to the legal system. Explain how
these changes have improved, or could improve, the effective operation of the legal system.
4 marks
Question 11 – 2006 exam
Explain the operation of the doctrine of precedent and evaluate two strengths of this method of
law-making.
8 marks
Question 12 – 2006 exam
‘While the jury is often criticised, it also has many strengths that help the operation of the
criminal justice system.’ Identify and evaluate three of those strengths.
8 marks
Question 13 – 2006 exam
Answer either part a. or part b. of this question.
a. ‘Parliament is a very effective law-maker. There are no signifi cant weaknesses in the way
parliament carries out this role.’ Discuss this statement and indicate the extent to which you
agree or disagree with it. Justify your conclusions.
OR
b. ‘Our adversary system of trial works very well. It cannot be improved.’ Discuss this statement
and indicate the extent to which you agree or disagree with it. Justify your conclusions.
10 marks
Sample questions 2011
Question 1 Describe the role of the Victorian Civil and Administrative Tribunal (VCAT). 2 marks
Question 2 The Victorian Law Reform Commission (VLRC) recently completed a report on
existing bail laws. One of its findings was that bail laws in Victoria needed to be simplified and
streamlined.
a. Explain one purpose of bail. 2 marks
b. Describe the role of the Victorian Law Reform Commission in attempting to bring about a
change to bail laws. 2 marks
Question 3 Paul has filed pleadings in the Supreme Court of Victoria against his employer,
claiming his employer defamed him. One of the remedies that Paul is seeking is an injunction.
a. Define the following terms.
i. pleadings
ii. injunction 2 marks
b. Discuss the extent to which an injunction may achieve its purpose in Paul’s case. 3 marks
Question 4 Select one case in which the High Court was called upon to decide an issue relating
to the protection of rights in Australia.
a. Why would the High Court have heard this case? 1 mark
b. Explain the significance of the High Court case you have selected on the protection of rights in
Australia. 4 marks
Question 5 Buses: Kilsyth To the Legislative Assembly of Victoria: The petition of the residents
of Kilsyth and surrounds draws to the attention of the house the urgent need for a bus service
along Colchester Road, Kilsyth. It requests the house calls upon the government to address this
issue immediately by funding the implementation of new Route AF, as per the recommendations
report for the metropolitan bus service reviews: Knox/Maroondah/Yarra Ranges. By Mr
HODGETT (Kilsyth) (460 signatures) Source: Hansard, 15 September 2010
a. Explain the method being used by the residents of Kilsyth in the above extract to bring about
a change in the law. 2 marks
b. Evaluate the effectiveness of this method in influencing the parliament to change a law. 4
marks
Question 6 Daniel has issued proceedings against Jessica in the County Court. Jessica has
been informed that a jury will hear the case.
a. Identify and describe one dispute resolution method a court could use to resolve Jessica and
Daniel’s dispute. 3 marks
b. Describe two factors that may influence the composition of the jury in Jessica’s case. 4 marks
Question 7 A successful referendum has the ability to change the division of law-making powers
in Australia. However, referendum proposals have had a low success rate since the
Commonwealth Constitution was enacted in 1901.
a. Suggest two reasons for the low success rate of referendum proposals. 2 marks b. Using one
example of a successful referendum, analyse the impact of referendums on the division of lawmaking powers. 5 marks
Question 8 A recent journal article commented that ‘the Victorian Parliament has the ability to
refer law-making powers to the Commonwealth Parliament’. Explain what this statement means.
2 marks
Question 9 Explain one strength and one weakness of judicial determination as a method of
dispute resolution. 4 marks
Question 10 A journal article recently commented that neither courts nor the Victorian Civil and
Administrative Tribunal (VCAT) operate effectively to resolve disputes. Evaluate the way courts
and VCAT operate to resolve disputes. 8 marks
Question 11 The Commonwealth Constitution offers Australians protection for only a limited
number of rights, but these rights are protected effectively by various means within the
Commonwealth Constitution. Discuss the extent to which you agree with this statement. In your
answer describe three means by which the Commonwealth Constitution protects rights. 10
marks