LEGAL STUDIES UNIT 4
Assessment tasks for Legal Studies Unit 4
Jules Aldous
Shelford Girls’ Grammar
The following assessment tasks for VCE Legal Studies Unit 4 include a test
for Outcome 1 and two folio exercises for Outcome 2. Folio exercise A
covers criminal pre-trial procedures, sanctions and the adversary system,
while folio exercise B covers civil pre-trial procedures, civil remedies and
the jury system. Students are to complete the tasks in the answer book
provided.
Outcome 1 task details
Assessment task
Test
Unit/area of study
Unit 4: Resolution and Justice
Area of Study 1: ‘Dispute resolution methods’
Outcome 1
Describe and evaluate the effectiveness of institutions and methods for the determination of criminal
cases and the resolution of civil disputes.
Instructions and conditions
This task contributes a total of 40 marks for Outcome 1. The marks for each question are indicated
after each question.
The task questions are to be completed in class time and you may not refer to any other materials in
the completion of the task.
Answer all questions in this answer book.
Conditions: Closed book
Time allowed: 60 minutes (including reading time)
Marks allocated: 40 marks
VCTA © Jules Aldous
Published June 2012
page 1
LEGAL STUDIES UNIT 4
Questions
Question 1
Read the following case study and answer the questions below.
Martin was charged in the Magistrates’ Court with using a mobile phone while driving. A police officer
gave evidence that he had observed Martin speaking on a mobile phone as Martin drove through an
intersection. The magistrate found Martin guilty of the offence. Martin lodged an appeal against his
conviction in the County Court. He claimed that the police officer could not have observed that he was
holding a mobile phone as he drove through the intersection and that he should not have been
convicted.
a. Outline the jurisdiction of the Magistrates’ Court.
6 marks
VCTA © Jules Aldous
Published June 2012
page 2
LEGAL STUDIES UNIT 4
b. Outline the appellate jurisdiction of the County Court.
3 marks
c. The Supreme Court can also hear appeals from the Magistrates’ Court. Explain.
1 mark
VCTA © Jules Aldous
Published June 2012
page 3
LEGAL STUDIES UNIT 4
Question 2
Read the following statement and answer the questions below.
A legal commentator noted that the court hierarchy ‘serves the community well in terms of justice.
“Smaller” cases can be quickly heard and resolved. More complex cases, or those with more serious
consequences, take more time to resolve’.
a. Explain two other reasons to justify the existence of a court hierarchy.
4 marks
b. Distinguish between the Supreme Court—Trial Division and the Supreme Court—Court of
Appeal.
3 marks
VCTA © Jules Aldous
Published June 2012
page 4
LEGAL STUDIES UNIT 4
c. Identify and explain three methods of dispute resolution used by the Magistrates’ Court to
resolve civil disputes
9 marks
VCTA © Jules Aldous
Published June 2012
page 5
LEGAL STUDIES UNIT 4
Question 3
Read the following quote and answer the questions below.
Equal access to justice is of fundamental importance in a democracy … Each of the four main
institutions in the Victorian justice system—the Supreme Court, the County Court, the Magistrates’
Court and VCAT—gives effect to that principle, as the community is entitled to expect. VCAT does so
in a way that is different.
The Role of VCAT in a Changing World: the President’s Review of VCAT, speech delivered to the Law Institute of
Victoria, 4 September 2008, Justice Kevin Bell, President, VCAT
a. Explain the role of VCAT.
2 marks
b. What do you consider to be the two most important weaknesses of the way in which VCAT
operates to resolve disputes?
4 marks
VCTA © Jules Aldous
Published June 2012
page 6
LEGAL STUDIES UNIT 4
c. Compare the strengths of the way in which courts and VCAT operate to resolve disputes.
8 marks
Total: 40 marks
VCTA © Jules Aldous
Published June 2012
page 7
LEGAL STUDIES UNIT 4
Outcome 2 task A details
Assessment task
Folio exercise A
Unit/area of study
Unit 4: Resolution and Justice
Area of Study 2: ‘Court processes and procedures, and engaging in justice’
Outcome 2
Explain the processes and procedures for the resolution of criminal cases and civil disputes, and
evaluate their operation and application, and evaluate the effectiveness of the legal system.
Instructions and conditions
This task contributes 30 marks out of a total of 60 marks for Outcome 2. The marks for each question
are indicated after each question.
The task questions are to be completed in class time and you may not refer to any other materials in
the completion of the task.
Answer all questions in this answer book.
Conditions: Closed book
Time allowed: 60 minutes (including reading time)
Marks allocated: 30 marks
Questions
Question 1
Read the case study below and answer the questions that follow.
A woman pleaded guilty in the County Court to driving the getaway car for two armed robberies. She
took her three-year-old son with her and waited in the car while her boyfriend, and another man,
committed the robberies. The County Court judge sentenced the woman to a minimum of 22 months
in jail.
VCTA © Jules Aldous
Published June 2012
page 8
LEGAL STUDIES UNIT 4
a. Explain two general purposes of criminal sanctions.
4 marks
b. What is the sanction of imprisonment? Explain one other sanction that could have been
imposed in this case.
3 marks
VCTA © Jules Aldous
Published June 2012
page 9
LEGAL STUDIES UNIT 4
Question 2
Read the following extract and answer the questions below.
The essence of criminal pre-trial procedures is to ensure the timely resolution of disputes so that only
those cases with sufficient evidence come to trial. Once in court, the trial is conducted according to
the rules of the adversary system of trial. The central idea behind the adversary process is that
proceedings should be structured as a dispute between two theoretically equal parties who are
entitled to a fair and unbiased hearing. Parties in a criminal trial conducted according to the rules of
the adversary system are in a much stronger position than the parties in a criminal trial conducted
according to the rules of the inquisitorial system.
a. Explain how one criminal pre-trial procedure ensures that only those cases with sufficient
evidence come to trial?
2 marks
b. Describe the role of the parties in an adversary trial.
2 marks
VCTA © Jules Aldous
Published June 2012
page 10
LEGAL STUDIES UNIT 4
c. Compare the major features of the inquisitorial system of trial with the main features of the
adversary system of trial.
9 marks
VCTA © Jules Aldous
Published June 2012
page 11
LEGAL STUDIES UNIT 4
d. Evaluate the extent to which pre-trial procedures and the adversary system of trial contribute to
a fair and unbiased hearing. Discuss one reform that would enhance the effectiveness of the
adversary system.
VCTA © Jules Aldous
Published June 2012
page 12
LEGAL STUDIES UNIT 4
10 marks
Total: 30 marks
VCTA © Jules Aldous
Published June 2012
page 13
LEGAL STUDIES UNIT 4
Outcome 2 task B details
Assessment task
Folio exercise B
Unit/area of study
Unit 4: Resolution and Justice
Area of Study 2: ‘Court processes and procedures, and engaging in justice’
Outcome 2
Explain the processes and procedures for the resolution of criminal cases and civil disputes, and
evaluate their operation and application, and evaluate the effectiveness of the legal system.
Instructions and conditions
This task contributes 30 marks out of a total of 60 marks for Outcome 2. The marks for each question
are indicated after each question.
The questions are to be completed in class time and you may not refer to any other materials in the
completion of the task.
Answer all questions in this answer book.
Conditions: Closed book
Time allowed: 60 minutes (including reading time)
Marks allocated: 30 marks
Questions
Question 1
Read the case below and answer the questions that follow.
A (the plaintiff) worked with B (the defendant) as a fitter and turner. A claimed general damages
against B. He alleged that during the course of his employment with B he was harassed, verbally
assaulted and ridiculed by co-workers.
A is in his late fifties. He left school at the age of 15 and completed an apprenticeship as a fitter and
turner. He has worked as a fitter and turner for various employers before commencing work with B.
In the statement of claim, A stated that B should have foreseen that the alleged conduct of his coworkers could result in psychological injury to A. B denied that the alleged bullying or harassment
occurred as claimed by A. B claimed that other factors unrelated to employment were relevant to A’s
psychological condition.
The judge accepted that A was suffering from a psychiatric illness; however, the judge was not
satisfied that the particular incidents of verbal and physical abuse occurred either as alleged by A or
at all, and that there was no negligence by B that was a cause of A’s injury. A’s claim did not succeed
and there was judgment for B.
Based on a case outlined in the County Court Annual Report 2010–2011, page 23
VCTA © Jules Aldous
Published June 2012
page 14
LEGAL STUDIES UNIT 4
a. What is the purpose of the statement of claim?
1 mark
b. Explain the pre-trial procedures of directions hearings and discovery. In your answer identify
the purpose of each procedure.
6 marks
VCTA © Jules Aldous
Published June 2012
page 15
LEGAL STUDIES UNIT 4
c. In this case the plaintiff claimed general damages. Explain the purpose of one other civil
remedy.
2 marks
Question 2
Read the following extract and answer the questions below.
If the use of juries in civil trials is to be reduced, then we should be conscious of the fact that we are
cutting the courts off from the community. Civil juries promote public awareness of the court system.
Participation in jury service is one way that the community can feel connected to the courts, to
decision-making and to justice.
a. Explain the composition and role of a jury in a civil trial.
3 marks
VCTA © Jules Aldous
Published June 2012
page 16
LEGAL STUDIES UNIT 4
b. Evaluate three weaknesses associated with the use of a jury in a civil case.
9 marks
VCTA © Jules Aldous
Published June 2012
page 17
LEGAL STUDIES UNIT 4
c. Evaluate two strengths associated with the use of a jury in a criminal case.
6 marks
VCTA © Jules Aldous
Published June 2012
page 18
LEGAL STUDIES UNIT 4
d. Suggest and discuss one recent change (or recommendation for change) in the jury system
designed to enhance its effective operation.
3 marks
Total: 30 marks
Disclaimer: This assessment task has been written by the author (Jules Aldous) for use with students of VCE
Legal Studies. This does not imply that it has been endorsed by the Victorian Curriculum and Assessment
Authority (VCAA). While every care is taken, we accept no responsibility for the accuracy of information or advice
contained in Compak. Teachers are advised to preview and evaluate all Compak classroom resources before
using them or distributing them to students.
VCTA © Jules Aldous
Published June 2012
page 19