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Prepared by: Geoff Shaw, Strathcona Baptist Girls Grammar School
VCE Legal Studies Units 3 and 4 exam revision guide
Supplement to Compak, Issue 4, October 2009
The following revision guide provides an excellent summary of key topics, cross-referenced to key elements
of the VCE Legal Studies Study Design and to past examination questions.
Note for teachers
This revision guide aims to help you prepare your students for the VCE Legal Studies examination. It
includes revisions tips and hints for each key knowledge dot point in Units 3 and 4. These tips and hints are
also useful as ongoing teaching and learning strategies. A reminder, though—make sure you refer to the
VCE Legal Studies Study Design, the Legal Studies Assessment Handbook, and past examination papers and
Assessment Reports, and form your own judgements about this material.
Warning (for students)
As with any other revision material, the following advice does not amount to all you need to know. The
advice provides broad guidelines and useful tips and hints to point you in the direction of what is required.
Better answers in examinations will always provide more detail, and you need to be revising to ensure you
can provide that detail. You must read and understand the Assessment Reports published in recent years.
Finally, a reminder to never use point form in an exam—doing so will result in a marking penalty.
Victorian Curriculum and Assessment Authority publications
This guide refers to the VCE Legal Studies Study Design, which can be found on the Victorian Curriculum
and Assessment Authority website: http://www.vcaa.vic.edu.au/vce/studies/legalstudies/legalindex.html.
The guide also refers to past VCE Legal Studies examination papers and Assessment Reports. These can be
downloaded from: http://www.vcaa.vic.edu.au/vce/studies/legalstudies/exams.html.
General examination tips and tricks
 2 hours long (plus 15 minutes reading time)
 Contributes 50 per cent to your study score
 60 marks in total
 Examination paper format: question-and-answer book
 All questions are compulsory
 Tip: marks appear at the end of the writing space
 Flick to the end of the writing space to check how many marks are allocated before starting your
answer—that way you avoid writing too much/too little
 Make a judgement about how much you need to write
 Lengthy introductions to questions are not necessary
 You don’t necessarily need to fill up all the lines
 The final question is worth 10 marks and has two parts: one part will be on Unit 3, the other on Unit 4—
you only answer one part
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 Don’t write in point form—all answers must be in English, and point-form answers incur a penalty
 Don’t use diagrams (except in plans—and avoid these)
 There has been a mixture of Units 3 and 4 questions in past examination papers
 Don’t confuse the elements of an effective legal system (Unit 4) with evaluating the effectiveness of lawmakers (Unit 3)
 Don’t confuse the separation of powers with the division of legislative power
 Don’t plan for specific questions to be on the exam—all of Units 3 and 4 is examinable
 Practise writing your own exam questions using the words of the study design (see pages 19–26 of the
study design)
 Be careful about repeating material. It may be a sign that you are making a mistake (e.g. referring to the
separation of powers when you should be referring to the division of power)
 For a one-mark question, a one-sentence answer should be sufficient
 Note that examinations have frequently combined topics into one question. For example, see Questions
11a and 11b on the 2008 examination paper.
 There is a greater emphasis on demonstrating understanding rather than just rote learning (e.g. in relation
to court and tribunal jurisdictions)
 Note that you can be asked to evaluate the effectiveness of the institutions and methods for resolving civil
disputes and criminal cases, as well as alternative dispute resolution methods, and so it is not enough to
merely be able to explain these areas
 A good way to structure your evaluations for most topics in Legal Studies Units 3 and 4 is by using the
'two-handed' approach to writing answers (that is, ‘On the one hand, a strength of … is … while, on the
other hand, a weakness is …')
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Unit 3: Law-making
Area of study 1: Parliament and the Citizen
Outcome 1
On completion of this unit the student should be able to describe the role and effectiveness of Parliament as a
law-making body, evaluate the need for change in the law and analyse the ways in which change can be
influenced.
Key knowledge
Tips and hints for revision and for preparing a study summary
Representative
government
Revision tip: Using your textbook, write an accurate and concise definition of this
term.
Hints:
 Can you explain the related idea of democracy: government of the people, for the
people, by the people?
 Representative government is a structure that sets up a relationship between the
governed and the government: the governed have a right to democratically elect
representatives, and the government should govern on their behalf.
 In Roach v Electoral Commissioner (2007) a majority of the High Court held that
the constitutional structure of representative government meant that there is now
(that is, since 2007) a constitutionally protected right to vote at federal
elections. This is obviously particularly relevant in area of study 2.
Responsible
government
Revision tip: Using your textbook, write an accurate and concise definition of this
term.
Hint:
 Executive government is drawn from and accountable to the Parliament, for
example during question time, and no-confidence motions can remove a
government.
Q3 2006 sample exam (2 marks)
Q2 2007 exam (2 marks)
The principle of
separation of powers
Revision tip: Using your textbook, write an accurate and concise definition of this
term.
Hints:
 This principle is based on the idea that concentration of power tends to corrupt.
 Therefore, at both the Commonwealth and state level, government powers are
separated into three types: executive, legislative and judicial, and allocated to
three ‘arms’: executive, legislature and courts.
 Don’t confuse this with division of legislative powers (area of study 2).
Q1 2006 sample exam (2 marks)
Q5 2006 exam (2 marks)
The structure of State
and Commonwealth
Parliaments
Revision tip: Prepare a two-column table outlining the structure of the
Commonwealth and State Parliaments (side by side).
Hints:
 Focus on the similarities between Commonwealth and State Parliaments, such as:
– both are bicameral
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– Lower Houses have equal electorates for each member
– Upper Houses divide the jurisdiction of the Parliament into states
(Commonwealth) or provinces (Victoria) and elect an equal number of
Senators/MLCs (12 and 5)
– the Crown is represented by the Governor and the Governor-General.
 Then remember the differences, such as two Senators for each territory.
The role played by
the Crown
Revision tip: Make sure you can explain the executive and legislative arms, and the
ceremonial roles of the Crown.
Hints:
The Crown:
 acts on advice
 gives/withholds Royal Assent (the Crown’s role in the legislative process)
 summons and prorogues Parliament
 issues writs for elections
 Executive Council (Governor in Council, Governor-General in Council).
Q2 2006 sample exam (1 mark)
Q1a 2008 exam (1 mark)
The role played by
the Houses of
Parliament
Revision tip: Prepare a two-column table describing the roles of the Houses of
Parliament, comparing the Commonwealth with Victoria (side by side).
Hint:
 Roles are similar in each Parliament: they pass legislation, determine government,
scrutinise government …
Q1 2007 exam (1 mark)
The legislative
process outlining the
progress of a bill
through Parliament
Revision tip: Draw a flow chart showing the legislative process and setting out how
an Act is made by Parliament.
Hints:
 Initiation, First Reading, Statement of Compatibility with Victorian Charter of
Rights and Responsibilities (Victorian Parliament), Second Reading debate,
consideration in detail/Committee stage (name changes depending on
Lower/Upper House), Third Reading, other House, Royal Assent,
proclamation/gazettal.
 Remembering the structure and composition of the Houses of Parliament can help
you if you get stuck, e.g. the bicameral structure should remind you that a bill
must pass through both Houses and also the Crown.
Q6a 2006 exam (2 marks)
Reasons laws may
need to change, using
examples to illustrate
Revision tip: Know three reasons why laws may need to change, and be prepared to
give examples.
Q2 2006 exam (1 mark)
Q1b 2008 exam (2 marks)
The role played by a
formal law reform
body in assessing the
need for change
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You need to know the role of one only of:
 Australian Law Reform Commission
 a parliamentary committee
 Victorian Law Reform Commission
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 a government inquiry, or
 a Royal Commission.
Revision tip: Prepare a flow chart of the steps taken by one formal law reform body
in the process of assessing the need for change in the law.
Hints:
The word ‘role’ means the steps taken (i.e. what a body does) to assess the need for
change, including:
 examining current law
 getting input from the public and interested groups
 formulating recommendations for change
 reporting back (to the Attorney-General, Parliament, and so on).
Q3 2007 exam (2 marks)
The means by which
individuals and
groups participate in
influencing change in
the law
Revision tip: Prepare a table listing the methods and tactics used by individuals and
groups informally in influencing change in the law.
The strengths and
weaknesses of lawmaking through
Parliament
Revision tips
 Prepare a two-column table listing the strengths and weaknesses of law-making
through Parliament.
 Practise using the two-handed evaluation of Parliament’s effectiveness as a lawmaker:
‘On the one hand, a strength of Parliament as a law maker is …while, on the
other hand, a related weakness is …'
Q1c 2008 exam (2 marks)
Hint:
 In questions you need to pay attention to task words like critically examine—
meaning to consider the strengths and weaknesses, which requires you to weigh
up relevant weaknesses and strengths and reach a conclusion.
Q10 2006 sample exam (4 marks)
Q13a 2006 exam (10 marks)
Q9 2007 exam (6 marks)
Q9 2008 exam (6 marks)
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Area of study 2: Constitution and the Protection of Rights
Outcome 2
On completion of this unit the student should be able to explain the role of the Commonwealth Constitution
in defining law-making powers within a federal structure, and evaluate the effectiveness of the
Commonwealth Constitution in protecting democratic and human rights.
Key knowledge
Tips and hints for revision and for preparing a study summary
The division of
power between State
and Commonwealth
Parliaments under the
Commonwealth
Constitution:
explanation and
examples of specific,
concurrent,
exclusive, residual
powers and the
impact of Section
109
Revision tip: Draw a flow chart setting out the division of power between State and
Commonwealth Parliaments under the Commonwealth Constitution. Make sure you
can explain and give examples of specific, concurrent, exclusive and residual
powers and the impact of Section 109.
Hints:
 One (and certainly not the only) way to summarise is using a make-believe sum:
ALMPIA = S (C(109) + E) + R
Where:
ALMPIA = all law-making power in Australia
S = specific powers allocated to the Commonwealth Parliament, which are
broken into concurrent powers (or C) held by both Commonwealth and State
Parliaments, subject to Section 109 of the Constitution, and exclusive powers (or
E) held by the Commonwealth.
R = Residual powers, which are held by the states.
 Make sure your examples are accurate—for example, taxation is a concurrent
power, currency is an exclusive power, and most 'crime' is a residual power.
 Be precise: remember to state which Parliament has a power (for example, the
Commonwealth Parliament has specific powers, State Parliaments have residual
powers).
 Don’t confuse the division of legislative powers with the separation of powers
(area of study 1).
 Don’t use the word you are defining in the definition (e.g. defining ‘exclusive’
powers as ‘exclusive to the Commonwealth’).
Q7 2006 sample exam (4 marks)
Q6b 2006 exam (4 marks)
Q11a 2008 exam (10 marks)
Restrictions imposed
by the
Commonwealth
Constitution on the
law-making powers
of the State and
Commonwealth
Parliaments
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Revision tip: Know at least four restrictions imposed by the Commonwealth
Constitution on the law-making powers of the State and Commonwealth
Parliaments.
Hints:
 The explicit rights in the Commonwealth Constitution form restrictions on the
law-making powers that you can use here.
 A couple of other examples:
– The Commonwealth cannot pass legislation that tries to abolish a state
(Sections 106 and 107)
– State Parliaments cannot legislate to tax Commonwealth property (Section
114).
– Neither state nor federal legislation can discriminate against a resident of a
state on the basis of the state they live in (Section 117).
 Stuck for examples? Sections 51, 109 and 128 are also restrictions, and you
should be familiar with these sections.
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The process and
impact of change by
referendum under
Section 128 of the
Commonwealth
Constitution
Revision tips:
 Draw a flow chart showing the referendum process in Section 128 of the
Commonwealth Constitution.
 Explain how successful the referendum process has been in changing the
Constitution, and explain the reasons why it has been so slow to change. Is this a
bad thing?
Hints:
 Remember the two majorities (double majority rule—a 'yes' vote requires a
majority of votes nationally in a majority of states) required to pass a
referendums are counted from one single vote, so be careful how you express
yourself.
 Apart from the referendum itself, remember that this process is similar to the
passage of an ordinary bill through Parliament, and that should make
remembering the process a little easier.
Q11a 2008 exam (10 marks)
The significance of
High Court cases that
interpret the
Commonwealth
Constitution and their
impact on the lawmaking powers of the
State and
Commonwealth
Parliaments
Revision tip: Prepare brief summaries of at least two High Court cases that
interpret the Commonwealth Constitution, explaining how the rationes decidendi of
these cases impact on the law-making powers of the State and Commonwealth
Parliaments.
My preferences are Commonwealth v Tasmania (the Tasmanian Dams Case), and
South Australia v Commonwealth (the First Uniform Taxation Case), but your
teacher may have used different cases.
Hint:
 Bottom-line: the requirement is to know the significance of ‘cases’, and so:
– you need to know more than one case, but arguably two should be enough
– you need to know the significance of these cases, and this really means
understanding the impact of the case on the law-making powers of
State/Commonwealth Parliaments, rather than a retelling of the facts of the
case.
Q6 2006 sample exam (4 marks)
Q8 2007 exam (4 marks)
Q11a 2008 exam (10 marks)
The protection of
democratic and
human rights by the
Commonwealth
Constitution
Revision tips:
 Explain the ways the Commonwealth Constitution protects democratic and
human rights.
 Prepare a two-column table listing the strengths and weaknesses of Australia’s
constitutional system of protection of democratic and human rights. (Some ideas
are listed below.)
Hints:
 You should be able to refer to:
– the limited number of express rights mentioned (giving examples)
– the one implied right, and
– in Roach v Electoral Commissioner (2007) a majority of the High Court held
that the constitutional structure of representative government meant that
there is now (since 2007) a constitutionally protected right to vote at
federal elections.
So, in an appropriate question, you can also point out that the structure of
representative government also protects the democratic right to vote.
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 You also need to be able to comment on how effective the Commonwealth
Constitution is in protecting rights.
 The 2006 and 2007 Assessment Reports set out useful information about what to
include here —have a look at them!
Q11a 2006 sample exam (3 marks)
Q8 a 2006 exam (2 marks)
A comparison with
the approach adopted
for the constitutional
protection of
democratic and
human rights in
another country:
choose any one of the
United Kingdom,
United States of
America, Canada,
New Zealand or
South Africa
Revision tips:
 Summarise how democratic and human rights are constitutionally protected in
your comparison country.
 Make sure you can explain the similarities and differences compared with the
methods used by the Commonwealth Constitution.
Hints:
 You need to make sure you can:
– explain and compare the constitutional protection of human rights
– comment on how effectively Australia and your comparison country
constitutionally protect human rights.
 The 2006 and 2008 Assessment Reports contain useful information to help you
with this, and emphasise the development of this skill.
 This topic requires you to compare the methods, not just explain the different
approaches. You can use a comparison to assist in the task of evaluating the
effectiveness of the Constitution’s protection of human rights.
Q11b 2006 sample exam (3 marks)
Q8b 2006 exam (4 marks)
Q11 2007 exam (8 marks)
Q5 2008 exam (4 marks)
Area of study 3: Role of the Courts
Outcome 3
On completion of this unit the student should be able to describe the role and evaluate the effectiveness of
the courts in law-making and their relationship with Parliament.
Key knowledge
Tips and hints for revision and for preparing a study summary
The operation of the
doctrine of precedent
Revision tip: Draw a flow chart, using cases as examples, setting out the operation
of the doctrine of precedent and the ability of judges to make law.
Hint:
 This is a demanding part of the course, and you need to use your textbook to
make sure you have a complete summary of the essential features of law-making
by the courts.
Q11 2006 exam (8 marks)
The ability of judges
to make law
Revision tip: Prepare a flow chart, using cases as examples, setting out the operation
of the doctrine of precedent and the ability of judges to make law.
Hints:
 Remember that sentences or civil remedies do not form precedents.
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 Generally, judges can only make law when:
– the facts of a case before them call for it
– there is no applicable law on the topic—neither common law nor statute law
– the court is a superior court in a hierarchy.
Statutory
interpretation
Revision tip: Ensure that you can explain three methods of statutory interpretation.
That is, what does a judge do when interpreting a statute? Look at Legal Studies
textbooks, dictionaries, and follow interpretations of legislation.
Warning: Don’t confuse statutory interpretation with constitutional interpretation.
The Constitution is not a mere statute and so the process is different.
Hint:
 A case example (e.g. Kevin and Jennifer, or the Studded Belt case) can help
explain statutory interpretation.
The reasons for the
interpretation of
statutes
Revision tip: Ensure that you can explain at least two reasons why statutory
interpretation becomes necessary.
Hints:
 Don't just state ‘ambiguity’ as a reason.
 You need to explain specific reasons why words may need to be interpreted.
Q4 2006 exam (2 marks)
Q2a 2008 exam (1 mark)
The effect of
interpretation by
judges
Revision tip: Explain the effect of interpretation by judges.
The strengths and
weaknesses of lawmaking through the
courts
Revision tip: Prepare a two-column table listing the strengths and weaknesses of
law-making through the courts.
Hint: It sets a precedent, but doesn’t do what?
Hint:
 Ensure that you can write your evaluation using the two-handed approach:
‘On the one hand, a strength of the courts as a law maker is …while, on the other
hand, a weakness is …'
Q14a 2006 sample exam (10 marks)
Q11 2006 exam (8 marks)
Q13a 2007 exam (10 marks)
Q10 2008 exam (8 marks)
The relationship
between the courts
and Parliament in
law-making
Revision tip: Draw a flow chart showing the relationship between the courts and
Parliament in law-making.
Make sure you can explain at least a couple of features of the relationship.
Hint:
 Possible points include:
– a parliament can codify common law
– a parliament can abrogate common law
– statutory interpretation
– courts (e.g. the High Court) can strike down unconstitutional legislation
– courts can make laws on controversial topics (like abortion, or native title) if
Parliament fails to act: R v Davidson or Mabo v Queensland.
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Q4 2006 sample exam (2 marks)
Q5 2007 exam (2 marks)
For all the dot points and key terms in Units 3 and 4 of the study design, can you spell key terms
correctly, and use them appropriately in sentences?
Unit 4: Dispute Resolution
Area of study 1: Criminal Cases and Civil Disputes
Outcome 1
On completion of this unit the student should be able to describe and evaluate the effectiveness of
institutions for the resolution of civil disputes and the adjudication of criminal cases and of alternative
dispute resolution methods.
Key knowledge
Tips and hints for revision and for preparing a study summary
The reasons for the
existence for the
court hierarchy
Revision tip: Make sure you can explain terms such as: appeals, precedent,
administrative convenience, specialisation.
Q1 2006 exam (1 mark)
The functions and
original and appellate
jurisdiction of the
following courts:
Magistrates' Court,
County Court,
Supreme Court, High
Court, Children's
Court, Coroner's
Court, Family Court
Revision tip: Prepare a table listing the functions and jurisdictions of all these
courts.
Hints:
Rote learning of jurisdictions will not be sufficient:
 note that instead of being asked what the jurisdiction of a particular court is, you
could be given a scenario to respond to, and asked to explain which court should
hear a particular case
 you may be asked to demonstrate your understanding in a question dealing with a
different topic
 court jurisdiction has been an area of weak student performance in past exams
 the Drug Court, Koori Court, Koori Children’s Court and Koori County Court are
examples of recent changes to improve the effectiveness of the legal system and
have been used in recent past examinations.
Supreme Court: Q3a 2006 exam (1 mark)
Supreme, County and Magistrates' Court: Q6 2007 Exam (3 marks)
Appeal Division of the Supreme Court of Victoria (Court of Appeal): Q2b 2008
exam (1 mark)
Coroner's Court: Q3 2008 exam (2 marks)
Supreme Court: Q6 2008 exam (6 marks)
Alternative methods
of dispute resolution:
negotiation,
mediation,
conciliation,
arbitration
Revision tip: Prepare flash cards to help you recall the definitions of these methods.
Hint:
 Make sure you don’t confuse conciliation with mediation, or conciliation with
arbitration.
Q7b 2006 exam (4 marks)
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The impact of ADR in reducing problems affecting civil pre-trial procedure: Q12
2007 exam (8 marks)
The effectiveness of
the alternative
dispute resolution
methods
Revision tip: Prepare a two-column table listing the strengths and weaknesses of
ADR methods.
Hint:
 Remember that you need to be able to evaluate these methods, as well as explain
them.
 The two-handed approach may be useful here.
Critical evaluation of alternative dispute resolution: Q8 2008 exam (6 marks)
The reasons for the
existence of tribunals
Revision tip: Prepare a summary of the reasons why a tribunal such as VCAT was
set up.
Hint:
 If you have trouble remembering the reasons, think of some of the problems that
affect civil court proceedings, as these problems form a substantial part of the
reasons for setting up tribunals.
The impact of tribunals in reducing problems affecting civil pre-trial procedure:
Q12 2007 exam (8 marks)
The jurisdictions of
the Victorian Civil
and Administrative
Tribunal (VCAT)
lists dealing with the
following areas: antidiscrimination,
residential tenancies
and disputes between
consumers and
traders in relation to
small claims
Revision tip: Prepare a table listing the functions and jurisdictions of all three
VCAT jurisdictions set out in the study design.
The strengths and
weaknesses of the
operation of the
courts, tribunals and
alternative methods
of dispute resolution
Revision tip: Prepare a table listing the strengths and weaknesses of the methods of
courts, tribunals and ADR methods in resolving civil cases.
Hints:
 You may be asked to demonstrate an understanding of the jurisdictions, rather
than just be required to explain what the jurisdictions of VCAT are—that is, you
might be given case scenarios that you are required to provide advice on.
 Students have experienced difficulty with questions on this topic in the past.
Anti-discrimination list: Q7a 2006 exam (1 mark)
Hints:
 Remember that you need to be able to evaluate these methods, as well as explain
them.
 The two-handed approach may be useful here.
 Make sure that you can consider the strengths and weaknesses of these processes,
and reach a judgement in conclusion.
Critical evaluation of alternative dispute resolution: Q8 2008 exam (6 marks)
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Area of study 2: Court Processes and Procedures
Outcome 2
On completion of this unit the student should be able to explain the elements of an effective legal system,
and evaluate the processes and procedures for the resolution of criminal cases and civil disputes and discuss
their effectiveness.
Key knowledge
Tips and hints for revision and for preparing a study summary
The elements of an
effective legal
system: entitlement
to a fair and unbiased
hearing, effective
access to mechanisms
for the resolution of
disputes, timely
resolution of disputes
and the recognition
of prevailing values
and basic human
rights
Revision tip: Prepare a table setting out two ways that the legal system attempts to
achieve each of these elements. For example, a fair and unbiased hearing is
achieved through the role of the judge in the adversary system, and other aspects of
the trial, and VCAT attempts to assist in providing effective access.
Criminal pre-trial
procedures, including
examples of police
powers and the rights
of individuals, bail
and remand,
committal and
directions hearings
Remember, although the course asks you to be aware of problems affecting the
legal system, you need to know its strengths to give a complete evaluation.
Hints:
 Don't confuse the elements of an effective legal system (a Unit 4 concept) with
the characteristics of effective laws (a concept related to Unit 3).
 To be able to evaluate something, you need to be able to discuss its strengths and
weaknesses and form a judgement about how good or bad it is.
 Note that the two-handed approach may be useful here.
 Note also that good answers to many questions on Unit 4 topics should
incorporate an understanding of the elements of an effective legal system,
particularly when discussing recent changes or recommendations for change to
improve the effectiveness of the legal system (see below).
Revision tip: Draw a pre-trial procedures flow chart that summarises all of the
pre-trial procedures.
Hints:
 If you get stuck remembering the details, imagine the order of events in a
criminal case (e.g. crime occurs, investigation begins, suspect charged, pre-trial
processes begin—right up to when a sanction is imposed).
 When explaining a committal hearing, make sure that you explain what a prima
facie case involves, instead of just mentioning the term (in other words,
remember to fully explain your answer).
Q9 2006 exam (4 marks)
Committal hearings: Q4a 2007 exam (2 marks)
Bail: Q4b 2007 exam (1 mark)
Police powers and individual rights: Q4 2008 exam (4 marks)
Committals: Q6 2008 exam (6 marks)
Criminal trial
procedures including
burden of proof and
the purpose of
sanctions (including
examples of
sanctions)
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Revision tip: Draw a trial procedures flow chart, and prepare a table setting out
sanctions and their purposes.
Hints:
 Imagine you are standing in a courtroom. You can see the witness box, jury box,
dock, judge’s bench, bar table, and so on. This can help you to remember who
does what and the order of proceedings.
 Note that you should be able to explain the procedures, as well as their purpose.
 Purposes of sanctions include: deterrence (specific and general), protecting the
community, denunciation and rehabilitation.
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Sanctions: Q4c 2007 exam (1 mark)
Supreme Court civil
pre-trial procedures
including letter of
demand, writ,
pleadings, discovery
and directions
hearings
Revision tip: Draw a flow chart that accurately explains each of these pre-trial
procedures—and their purpose!
Hint:
 Remember that there is a logical order to these processes:
– writ/notice of appearance (parties begin case)
– pleadings (clarifies the allegations of fact)
– discovery (clarifies evidence to be relied on)
– directions hearings (courts keep control of proceedings).
Q7c 2008 exam (4 marks)
Civil trial procedures
including burden of
proof and the purpose
of remedies
(including examples)
Revision tip: Draw a flow chart of a civil trial.
Hints:
 To aid your memory, note the similarities (and significant differences) between
the criminal trial and the civil trial.
 Be specific and precise when discussing remedies—compensation is not a
remedy, damages are a remedy
 Other remedies include specific performance, injunctions and rescission.
Remedies: Q 3b 2006 exam (2 marks)
The problems in
criminal and civil
procedures and the
purpose of possible
solutions
Revision tip: Prepare a table listing the problems with criminal and civil
proceedings (including pre-trial proceedings), together with possible solutions.
Practise discussing the impact of problems relating to criminal and civil procedures
in terms of the effectiveness of the legal system.
Hint:
 Note that exam questions on this topic may require you to explain how
tribunals and alternative methods of dispute resolution may reduce the
impact of problems.
Q12 2007 exam (8 marks)
Major features of the
adversary system of
trial including the
role of the parties, the
role of the judge, the
need for the rules of
evidence and
procedure, standard
and burden of proof
and the need for legal
representation
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Revision tip: Make sure that you can explain all of these elements of the adversary
system.
Hints:
 Use the features of a boxing match to help you remember the roles and need for
rules of evidence and procedure in the adversary system:
– two opposing parties argue their case in front of an independent and passive
arbiter (a bit like boxing!)
– the parties decide how to fight (that is, the evidence and arguments they will
use)
– no low blows (in boxing) ensure a fair fight, and so do the strict rules of
evidence and procedure
– the parties hire lawyers to get them through the complexities of the trial (and
in a boxing match, opponents are matched according to weight)
– the umpire makes the opponents follow the rules and reaches a decision (like
Don’t refer to the boxing match in the exam, though!
 Note that the jury is not an essential feature of the adversary system.
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Burden of proof: Q7a 2008 exam (1 mark)
Role of the judge: Q7b 2008 exam (2 marks)
Strengths and
weaknesses of the
adversary system of
trial
Revision tip: Prepare a two-column table listing the strengths and weaknesses of
the adversary system, and make sure that you can evaluate the system.
Hint:
 Using the two-handed approach can help in writing an evaluation of a good
standard.
Q13b 2006 exam (10 marks)
Q11b 2008 exam (10 marks)
Features of the
inquisitorial system
of trial and a
comparison with the
adversary system of
trial
Revision tip: Prepare a two-column table comparing the fundamental aspects of the
adversary and inquisitorial systems: the role of the parties, the role of the judge,
standard and burden of proof, rules of evidence and procedure, and the need for
legal representation.
Hints:
 The differences between the two systems can be summarised in terms of one
being a ‘battle of proof’ while the other is a ‘search for the truth’.
 In one system the judge is a passive umpire, while in the other the judge is like
the director of a play.
Q10 2007 exam (6 marks)
Possible
improvements to the
adversary trial
Revision tip: Draw up a list of possible improvements to the adversary system.
Hint:
 You can include inquisitorial system methods in the list.
Q10 2007 exam (6 marks)
The operation of the
jury system
Revision tip: Draw flow charts covering:
 concepts such as: eligible, ineligible, excused, disqualified
 criminal jury selection
 civil jury selection
 unanimous and majority verdicts.
Hint:
 Be clear about the role of the jury in court, and the differences between criminal
and civil jury roles
Q6 2008 exam (6 marks)
Advantages and
disadvantages of the
jury system
Revision tip: Prepare a two-column table listing the advantages and disadvantages
of the jury system.
Hint:
 Using the two-handed approach can be useful for writing the evaluation.
Q12 2006 exam (8 marks)
Q13b 2007 exam (10 marks)
Q11b 2008 exam (10 marks)
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Reforms and
alternatives to the
jury system
Revision tip: Make a list of possible reforms and alternatives to the jury system.
Problems and
difficulties faced by
individuals in gaining
access to the law
Revision tip: Make a list of problems and difficulties faced by individuals in
gaining access to the law.
Hint:
 Make sure you can explain how your reform would improve the effectiveness of
the legal system.
Hints:
 Note that questions on this area have been linked to other topics, for example
civil pre-trial procedure, as in Q12 2007 exam.
 Using case studies can sometimes help unpack specific problems. Problems that
could be referred to include:
– costs
– lack of knowledge/awareness
– social differences/cultural differences
– language barriers
– structural problems in how the legal system is set up (e.g. problems with civil
procedure, criminal procedure, and so on).
Q12 2007 exam (8 marks)
Recent changes in the
operation of the legal
system to enhance
the effective
operation of the legal
system
Revision tip: Make sure you can explain at least two recent changes to the legal
system.
Hints:
 You need to be able to explain recent changes and recommendations for further
change.
 You also need to be able to explain how they enhance the effective operation of
the legal system—that is, you need to be able to link your answer to the elements
of an effective legal system.
 Remember, your examples should refer to changes in the legal system (a Unit 4
concept), not changes in the law (a Unit 3 concept). Broadly, the legal system in
this context means the system for resolving disputes, not the law itself
 ‘Recent’ means that you cannot refer to aspects such as committal proceedings,
tribunals and legal aid!
– The Koori Court, increased jurisdiction of courts, pro bono schemes, greater
judicial supervision of proceedings and requiring juries to give reasons for
verdicts are examples of answers accepted as relevant in 2006.
– The Koori Court, the Children's Koori Court and the increased jurisdiction of
the Magistrates' Court are examples of accepted answers in 2007.
 Some recent (2009) reforms include:
– The new Evidence Act 2008 (Vic.) brings Victoria into a uniform national
evidence law scheme. The new laws substantially clarify and improve areas
of evidence law that were complex and unclear. Clarifying evidence law can
reduce problems of proof and improve access to the legal system.
– The Family Violence Court Division of the Magistrates' Court has expanded
from Heidelberg and Ballarat to the Sunshine, Melbourne and Frankston
courts. The division aims to make access to the court easier, promote the
safety of persons affected by violence, and increase the accountability of
persons who have used violence, while encouraging them to change their
behaviour.
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– The Criminal Procedure Act 2008 (Vic.) consolidates laws about criminal
procedure into an easier-to-read piece of legislation. It sets out the steps in
the process in chronological order, makes the grounds for appealing to the
Court of Appeal clearer, and requires police to commence Children’s Court
matters within six months of the offence. The legislation will come into force
by January 2011.
– Supreme Court mediation: like the County Court, the Supreme Court now
refers all civil matters to mediation. A new justice, Jennifer Davies SC, has
been appointed to the court to promote mediation in civil matters. The court
has recently been using judge-led mediation.
For all of the above reforms, make sure you can explain how they improve
the system, referring to specific elements of an effective legal system.
Q10 2006 exam (4 marks)
Q7 2007 exam (4 marks)
Recommendations
for further change in
the operation of the
legal system to
enhance the effective
operation of the legal
system
Revision tip: Make sure you can explain at least two recent changes to the legal
system.
Hints:
 Note that you could be asked to provide examples of recent changes and
recommendations for further change.
 You need to be able to explain recommendations for change and how they
would enhance the effective operation of the legal system.
 See the section above on recent changes for some essential do's and don'ts
 Some recent (2009) proposals for further change include:
– The New Directions for the Magistrates’ Court of Victoria 2008 – 2011 is
a report explaining how the Magistrates’ Court will improve its processes
over coming years, including by: better supporting victims of crime, better
access to ADR in civil matters, better access to therapeutic approaches to
justice (e.g. the Drug Court), making court services available online,
promoting better linkages to the community.
– On 29 July 2009, Attorney-General Rob Hulls indicated that the government
was investigating widening the eligibility for jury service to actually
include police members and judges (among others). He pointed out that
judges and police have been able to sit on juries in the UK for a number of
years, and said that Victoria needed to think about whether, in 2009, it should
follow suit.
Q10 2006 exam (4 marks)
Q7 2007 exam (4 marks)
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