Practice Exam Questions
Question 1
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 2
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)
Question 3
The doctrine of precedent allows for both consistency and flexibility.
Critically examine these two strengths of the doctrine of precedent. (6 marks)
Question 4
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 5
‘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
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 7
‘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 8
Is the Commonwealth Constitution an ‘ineffective mechanism for protecting human
and democratic rights’?
Justify your answer. (6 marks)
Question 9
‘Laws need to change for many reasons. Sometimes parliament fails to respond
adequately.’
Discuss this comment. In your discussion explain how individuals or groups can
attempt to influence a change in the law. (10 marks)
Question 10
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. (2 marks)
b. David wants to appeal the outcome of his case. In which court would the appeal
be heard? (1 mark)
Question 11
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. (1 mark)
b. Outline one role of the judge if this case goes to trial. (1 mark)
c. Advise James on the purpose of two pre-trial procedures which his lawyer might
use in this case. (4 marks)
Question 12
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 13
‘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. (6 marks)
Question 14
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. (10 marks)
Question 15
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. (10 marks)
Question 16
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 17
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. (1 mark)
b. Outline one civil remedy which could be ordered in this case and explain its
purpose. (2 marks)
Question 18
‘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 19
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. (1 mark)
b. Explain an alternative method of dispute resolution which could be used to resolve
a case like this and evaluate its effectiveness. (4 marks)
Question 20
a. Explain how one democratic or human right is protected by the Commonwealth
Constitution. (2 marks)
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. (4 marks)
Question 21
Explain the operation of the doctrine of precedent and evaluate two strengths of this
method of law-making. (8 marks)
Question 22
Identify and explain
a. one reason why we have a hierarchy of courts and (2 marks)
b. one reason for the existence of tribunals in the legal system. (4 marks)
Question 23
Mary and David have applied to the Family Court of Australia for a divorce. Outline
two other areas of dispute which are within this court’s jurisdiction. (2 marks)
Question 24
a. Stephanie operates a small company and last year she sued Zed Company. She
believed that because Zed Company had broken a contract she had with them, she
would lose $180 000. Stephanie won the case but said afterwards that she .found
the whole process of going to court very unsatisfactory.
i. In which court is it most likely that this case would have been heard? (1
mark)
ii. Outline one remedy which Stephanie might have been seeking from the
court. (1 mark)
iii. Outline, and explain the purpose of, two pre-trial civil procedures which
might have taken place in this case. (4 marks)
iv. Describe another method of dispute resolution that could have been used
to resolve this case. Explain two reasons why Stephanie might have found this other
method more satisfactory. (6 marks)
Question 25
Our legal system has financial and structural restraints and there are social, cultural
and economic differences within our community. As a result of these restraints and
differences there will always be problems with our legal system.
i. Identify two of these problems and explain how they limit the effective
operation of our legal system. (4 marks)
ii. Comment on two changes, or recommendations for change, which have
been made, or could be made, to improve the operation of the legal system. (4
marks)