LEGAL STUDIES UNIT 2
Legal Studies Unit 2 practice exam
2013 and suggested answers
Jenny Cas
Education consultant
The following VCE Legal Studies Unit 2 practice exam consists of three
compulsory sections that cover Areas of Study 1, 2 and 4 in Unit 2. Section C
relates to Area of Study 3 and students are required to answer one of two
questions provided, based on the particular area of law studied. Students
are to complete each of the following sections:
 Section A: students complete all questions
 Section B: students complete all questions
 Section C: students complete one of the two questions provided
 Section D: students complete the single question provided.
Additional space is provided at the end of the question-and-answer book.
The practice exam and suggested answers are based on the author's
interpretation of the VCE Legal Studies Study Design.
Teachers are advised to preview and evaluate all practice exam material
before distributing it to students.
Disclaimer: This practice examination has been written by the author (Jenny Cas) 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 or distributing them to students.
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LEGAL STUDIES UNIT 2
Name: ______________________________
Teacher: ______________________________
LEGAL STUDIES UNIT 2
Practice written examination 2013
Reading time: 15 minutes
Writing time: 120 minutes
QUESTION AND ANSWER BOOK
Structure of book
Sections
Number of questions
Number of questions
to be answered
Number of marks
A
5
5
26
B
9
9
24
C
2
1
10
D
1
1
10
Total: 70 marks
Materials supplied
 Question and answer book
 Additional space is available at the end of the book if you need extra paper to complete an answer.
Clearly label all answers with the appropriate section and question number.
Instructions
 Write your name and your teacher’s name in the spaces provided above on this page
 Answer all questions in the spaces provided in this question and answer book.
 Write in black or blue pen only.
Students are NOT permitted to bring mobile phones and/or any other unauthorised electronic
devices into the examination room.
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LEGAL STUDIES UNIT 2
Section A: Short-answer questions
Instructions for Section A
Answer all questions in this section in the spaces provided.
This section is worth 26 marks.
Question 1 (5 marks)
Define the following terms.
Precedent
Statutory interpretation
Injunction
General damages
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LEGAL STUDIES UNIT 2
Question 2 (6 marks)
Identify and explain three ways in which civil law differs from criminal law.
Question 3 (5 marks)
With reference to at least one case with which you are familiar, outline the elements of the tort of
negligence and explain one defence to the tort of negligence.
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LEGAL STUDIES UNIT 2
Question 4 (4 marks)
Describe one civil remedy and discuss how effective it is likely to be in achieving its purpose.
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LEGAL STUDIES UNIT 2
Question 5 (6 marks)
Describe the process of law-making through the courts. In your answer, refer to relevant cases you
have studied.
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LEGAL STUDIES UNIT 2
Section B: Case studies
Instructions for Section B
Read the case studies below, then answer all questions that follow. This section is worth 24 marks.
Case study 1
Tom went to a large supermarket to buy groceries. He was having some fun with the trolley, going
around the corner at the end of each aisle at great speed. He slipped and fell heavily on a banana
peel, causing a serious spinal injury. During initial investigations by his lawyers, it was revealed that
the supermarket did not have a system for regularly checking whether its floors were clean. Tom
requires spinal surgery, will be unable to work for at least six months and will have ongoing
rehabilitation costs. He is suing the supermarket, seeking $30 000 for medical expenses and
$400 000 for pain and suffering.
Question 1 (4 marks)
Identify which tort Tom will allege in this case and explain the elements of this tort that will need to be
present for his case to be successful. Use examples from this case in your answer.
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LEGAL STUDIES UNIT 2
Question 2 (3 marks)
Identify and explain one defence that you think the supermarket will use. Do you think this defence
will be successful? Justify your answer, with reference to the facts of this case.
Question 3 (2 marks)
Explain which Victorian courts have jurisdiction to hear this matter and identify which of these courts
is likely to hear the case.
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LEGAL STUDIES UNIT 2
Question 4 (5 marks)
You are the lawyer for the supermarket. A court-ordered mediation is about to commence. Explain to
your client the key features of mediation, the benefits of mediation, and why it would be a good idea to
try to resolve this matter at mediation in this case.
Question 5 (2 marks)
Outline the nature and purpose of one civil pre-trial procedure that would take place before this case
reaches the trial stage.
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LEGAL STUDIES UNIT 2
Case study 2
Tamsin Munk is a local actor. The host of a radio breakfast show, Mick Stanley, claimed on air that
Tamsin ‘bribed the producer to get her part in the TV drama Here and Away, which is why she is a bit
lame in her role’. Tamsin sues Mick and his employer for damages and is also seeking an apology
from Mick.
Question 1 (3 marks)
Explain the elements of the tort of defamation and how they would apply to this case.
Question 2 (1 mark)
What standard of proof would be applied if this matter makes it to the trial stage?
Question 3 (2 marks)
Explain one defence that Mick or his employer could use.
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LEGAL STUDIES UNIT 2
Question 4 (2 marks)
Either party in this case could opt to have the matter heard before a judge and jury. Explain the role of
a jury in a civil trial.
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LEGAL STUDIES UNIT 2
Section C: Extended-response questions
Instructions for Section C
Answer one of the following questions. This section is worth 10 marks.
Choose an area of civil law that you have studied this year in class and answer one of the following
questions.
Areas of law:
 contract law
 family law
 consumer protection laws
 workplace laws
 wills and inheritance
 sports and the law
 tenancy law
 environmental law
 any other relevant area of civil law that you have studied.
Question 1 (10 marks)
With reference to cases you have studied this year, explain the legal principles that apply to the
chosen area of law and the methods for resolving disputes under this area of law.
OR
Question 2 (10 marks)
Using examples and cases you have studied this year, explain how the legal system has responded
to challenges and issues in your chosen area of law. Evaluate the extent to which the legal system
has responded to demands for change in relation to this area of law.
Question chosen: __________
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LEGAL STUDIES UNIT 2
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LEGAL STUDIES UNIT 2
Section D: Extended-response question
Instructions for Section D
Answer the following question. This section is worth 10 marks.
Question (10 marks)
Describe a rights-related case that you have studied this semester and discuss the impact of this case
on the rights of individuals and the legal system.
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LEGAL STUDIES UNIT 2
END OF QUESTION AND ANSWER BOOK
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LEGAL STUDIES UNIT 2
Extra space for responses
Clearly number all responses in this space.
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LEGAL STUDIES UNIT 2
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LEGAL STUDIES UNIT 2
Suggested answers to Legal Studies Unit 2 practice
exam 2013
Note: The responses below do not represent the only possible answers. Students must not write in
dot-point form in the examination, since that would incur a marking penalty. Students should consult
their teacher if they have any questions about the following suggested answers.
Section A: Short-answer questions
Question 1 (5 marks)
Define the following terms.
Precedent
A legal principle established in a reported court judgement, which is then applied by other courts in
similar cases.
Statutory interpretation
The process conducted by courts of interpreting the words and meaning of statutes.
Injunction
A court order requiring that a party performs an action or refrains from performing an action.
Defamation
A civil action that allows somebody whose reputation has been damaged, by the publication of words
or other materials, to sue those responsible.
General damages
Money paid as a result of a successful civil action, for losses or injuries that cannot be easily
quantified, for example pain and suffering. This is in contrast to special damages, which are for
quantifiable losses or injuries such as medical expenses.
Question 2 (6 marks)
Identify and explain three ways in which civil law differs from criminal law.
There are a number of aspects that students could identify and explain:
Criminal law
Civil law
Aims to protect society and provide sanctions for
offenders
Aims to restore the plaintiff to his or her original
position, as far as possible
The party bringing the matter to court is the
prosecution, or Director of Public Prosecutions
The party bringing the matter to court is the plaintiff
The burden of proof lies with the prosecution
The burden of proof lies with the plaintiff
The standard of proof is beyond reasonable doubt, a
more onerous standard, reflecting the seriousness of
committing a breach of society’s laws
The standard of proof is on the balance of probabilities,
a less onerous standard
If the case is proven, the outcome is a sanction against
the defendant
If the case is proven, the outcome is a remedy, usually
at the cost of the defendant
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LEGAL STUDIES UNIT 2
Question 3 (5 marks)
With reference to at least one case with which you are familiar, outline the elements of the tort
of negligence and explain one defence to the tort of negligence.
Students could refer to any negligence case that they have studied, or with which they are familiar.
For full marks, an explanation of each element of the tort of negligence should be clearly linked to the
example used.
The elements of negligence are:
 A duty of care existed.
 There was a breach of the duty of care.
 Damage or harm was suffered.
 The damage was caused by the breach of duty.
Defences that could be discussed are contributory negligence (that is, that the plaintiff was also
negligent and therefore at least partly responsible for the harm suffered) and voluntary assumption of
risk (the plaintiff knew the specific risks associated with the activity that caused the harm).
Question 4 (4 marks)
Describe one civil remedy and discuss how effective it is likely to be in achieving its purpose.
Sample answer:
Damages is the most common civil remedy sought. Damages are usually sought when the plaintiff
has suffered financial and other losses and are intended to restore the plaintiff, as far as possible, to
the position he or she was in before the tort was committed. The most common damages sought and
awarded are general damages, for losses that are difficult to quantify (such as pain and suffering in a
negligence case or loss of reputation in a defamation case) and special or specific damages, for
easily quantifiable losses or injuries such as medical expenses or transport costs. Other types of
damages include exemplary damages, where the court wishes to make an example of the defendant
and nominal damages, where the plaintiff has not suffered a large loss but has won the case. The
Wrongs Act regulates claims for damages for personal injuries in Victoria.
Damages are effective in achieving their purpose (to restore the plaintiff to the position they were in
before the tort occurred) in the case of compensating a plaintiff for financial losses, such as medical
expenses, loss of income and property repairs, but it is more difficult for an amount of money to
compensate a plaintiff who has suffered ‘pain and suffering’ or ‘loss of enjoyment of life’, or who has
serious physical or mental impairments such as the loss of a limb or permanent brain damage.
Other remedies that could be described are:
Injunction—an order to perform an action or refrain from performing an action. This remedy be used in
copyright infringement cases or where someone is repeatedly trespassing on land.
Order for specific performance—an order that a party complete the terms of a contract. This remedy is
awarded if the plaintiff does not want damages, but wants the terms of a contract fulfilled.
Restitution—an order that the defendant return property belonging to the plaintiff.
Rescission—in some contract law disputes, if a party has breached a term of the contract, the court
can order that the contract be rescinded (cancelled). This is usually done only if the parties can be
returned to their original positions.
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LEGAL STUDIES UNIT 2
Question 5 (6 marks)
Describe the process of law-making through the courts. In your answer, refer to relevant cases
you have studied.
Answers should cover the following aspects and contain detail and elaboration to achieve full marks:
Courts make law through developing precedents and through statutory interpretation.
A definition of precedent and a description of its operation: The ratio decidendi (the reason for the
decision) forms the legal precedent and will be used in subsequent cases with similar facts
An explanation of at least two cases that demonstrate the development and operation of precedent,
such as Donoghue v Stevenson and Grant v Australian Knitting Mills, which began the development
of the law of negligence, or other cases that demonstrate how the law of negligence has evolved over
time, for example Shaddock v Parramatta City Council, which established that local councils owe a
duty of care when giving information to members of the public.
To obtain full marks, an explanation of both precedent and statutory interpretation.
Examples of statutory interpretation include the Chroming case and the Studded Belt case.
Section B: Case studies
Case study 1
Tom went to a large supermarket to buy groceries. He was having some fun with the trolley, going
around the corner at the end of each aisle at great speed. He slipped and fell heavily on a banana
peel, causing serious spinal injury. During initial investigations by his lawyers, it was revealed that the
supermarket did not have a system for regularly checking whether its floors were clean. Tom requires
spinal surgery, will be unable to work for at least six months and will have ongoing rehabilitation
costs. He is suing the supermarket, seeking $30 000 for medical expenses and $400 000 for pain and
suffering.
Question 1 (4 marks)
Identify which tort Tom will allege in this case and explain the elements of this tort that will
need to be present for his case to be successful. Use examples from this case in your answer.
Students need to mention all elements of negligence and link them to the case study for full marks:
A duty of care was owed by the defendant to the plaintiff, that is, the supermarket owed a duty of care
to its customers. It is well established that shops owe a duty of care to their customers.
The defendant breached the duty of care—the supermarket did not have a system in place for
checking regularly that its floors were clean (case law suggests that supermarkets should have a
system to check their floors every 20 minutes) and in fact the floor was not clean.
Harm was caused—Tom suffered serious spinal injury and will suffer financial loss as a result.
The defendant caused the harm—the supermarket at least in part caused the harm to Tom by not
cleaning its floors regularly.
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LEGAL STUDIES UNIT 2
Question 2 (3 marks)
Identify and explain one defence that you think the supermarket will use. Do you think this
defence will successful? Justify your answer, with reference to the facts of this case.
The defendant will rely upon the defence of contributory negligence, which is outlined in the Wrongs
Act. By swinging around the corner at high speed, Tom was also negligent, as it was reasonably
foreseeable that he could suffer injury as a result of his actions. The amount of damages awarded to
Tom will be reduced by the percentage by which the court finds him to be responsible for his injuries.
Question 3 (2 marks)
Explain which Victorian courts have jurisdiction to hear this matter and identify which of these
courts is likely to hear this case.
This matter could be heard in either the County or Supreme Courts, as both have original civil
jurisdiction for all civil matters. Matters involving less than $100 000 would be heard in the
Magistrates’ Court. It is likely that Tom would have the matter heard in the County Court, as the
Supreme Court only deals with matters that are deemed to be of greater complexity. The costs of
having the matter heard in the County Court will also be lower.
Question 4 (5 marks)
You are the lawyer for the supermarket. A court-ordered mediation is about to commence.
Explain to your client the key features of mediation, the benefits of mediation, and why it
would be a good idea to try to resolve this matter at mediation in this case.
Mediation involves a neutral third party (agreed upon by the parties to the dispute) bringing the parties
together to discuss the issues involved. The mediator supports the parties in attempting to reach an
agreement that they can all live with.
The courts now order mediation before most civil matters proceed to trial. This is in order to reduce
the number of matters coming to trial and to reduce the costs, time and stress involved in litigation for
all parties. The vast majority of matters are settled at the mediation stage, with very few matters
proceeding to trial. The costs of proceeding to the trial stage are enormous, and only really warranted
if the parties simply cannot agree on an acceptable settlement. Courts are in favour of mediation too
because it frees up court time for more significant cases.
In this case, we would advise our client to reach a settlement with Tom, as it is clear that our client is
at least partially liable for Tom’s injuries. Also, this is a fairly common type of ‘slip and trip’ case and
there would be guidelines from other cases as to a reasonable amount of money for settling the case.
Proceeding to trial would be a waste of everyone’s time and money and may work against our client.
The court looks unfavourably at matters proceeding to trial that could have been resolved earlier. This
may result in an order by the court that our client pay Tom’s legal costs, and result in more expense.
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LEGAL STUDIES UNIT 2
Question 5 (2 marks)
Outline the nature and purpose of one civil pre-trial procedure that would take place before
this case reaches the trial stage.
Students could refer to one of a number of civil pre-trial procedures. For full marks the procedure
should be identified and the purpose of the procedure should be explained.
Students could outline the nature and purpose of one of the following: writ, notice of appearance,
pleadings (to gain information about the claim and include: statement of claim, statement of defence,
reply, and counterclaim); discovery (allows parties to obtain further information about the facts of the
case and includes: interrogatories and discovery of documents); and directions hearings (the court
gives directions to the parties regarding how the case will proceed and to assist them to prepare the
case for trial, encouraging the parties to make admissions that will speed up the case, and may lead
to an out-of-court settlement; also, the court might order that the parties attend mediation).
Sample answer:
Pleadings are a series of written statements exchanged between the parties in a civil case. They set
out and clarify the claims and defences of the parties and therefore help to define the issues that must
be determined. for example, one of these statements is a ‘statement of claim’, which sets out the
nature of the claim, the cause of the claim and the remedy the plaintiff is seeking.
Case study 2
Tamsin Munk is a local actor. The host of a radio breakfast show, Mick Stanley, claimed on air that
Tamsin ‘bribed the producer to get her part in the TV drama Here and Away, which is why she is a bit
lame in her role’. Tamsin sues Mick and his employer for damages and is also seeking an apology
from Mick.
Question 1 (3 marks)
Explain the elements of the tort of defamation and how they would apply to this case.
Defamation is the civil wrong (tort) of injuring another’s reputation without good reason or justification
by way of publication of materials, by words, or by any other means. In order to be successful in her
claim, Tamsin would need to show that the material was published (that is, that it was distributed to
people other than Tamsin), that the material clearly identifies who Tamsin is, and that the material
was defamatory in that it lowers Tamsin’s reputation (in this case her professional reputation) or
exposes her to ridicule, without lawful excuse.
In this case, publication was the broadcast to a wide audience over the radio; Tamsin was clearly
identified by Mick, and her professional reputation as an actor could be damaged by such derogatory
comments. Therefore, providing that one of the defences to defamation does not apply, the elements
of the tort have been satisfied.
Question 2 (1 mark)
What standard of proof would be applied if this matter makes it to the trial stage?
In civil matters, the standard of ‘on the balance of probabilities’ is applied.
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Question 3 (2 marks)
Explain one defence that Mick or his employer could use.
Sample answer:
Honest opinion— Mick could argue that he was making a comment, not a statement of fact. To be
successful, Mick will need to show that this comment was clearly his opinion and that the opinion was
on a matter of public interest. Arguably, he will succeed on these grounds.
Other answers that would be acceptable are:
Innocent dissemination—Mick’s employer could argue that as the broadcaster of a live show, it had
no knowledge of what Mick was about to say as the show was going to air.
Truth—this is more a justification than a defence, but if Mick can show that the material was
substanitally true and can be proved through admissable evidence, he and the radio station will not be
liable for publishing defamatory material.
Contextual truth—if the most serious claim among a number of statements is true, Mick could claim
that the statement is substantially true and therefore escape liability for the lesser claims that are false
since those false claims did not harm the plaintiff’s reputation any further.
Question 4 (2 marks)
Either party in this case could opt to have the matter heard before a judge and jury. Explain the
role of a jury in a civil trial.
A jury of six (or eight for some longer cases) is optional in civil matters. If either party requests a jury,
the role of the jury is to listen to the case and decide the matter on the ‘balance of probabilities’. In
some cases, juries are also responsible for determining the amount of damages; however, under the
Defamation Act, juries cannot determine the amount of damages in defamation cases.
Section C: Extended-response questions
Choose an area of law that you have studied this year in class and answer one of the following
questions.
Question 1 (10 marks)
With reference to cases you have studied this year, explain the legal principles that apply to
the chosen area of law and the methods for resolving disputes under this area of law.
Students should provide the following in their answer to receive full marks. A suggested breakdown of
marks is provided; however, teacher discretion will need to be used according to the overall quality of
the answer.
 Identify the area of law studied and include definitions of specific terms relating to the area of
law. (2 marks)
 An explanation of the legal principles relevant to the area of law. (4 marks)
 An explanation of the methods for resolving disputes that are applicable to this area of law.
(4 marks)
Better answers would describe the circumstances in which each method would be most appropriately
used.
OR
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LEGAL STUDIES UNIT 2
Question 2 (10 marks)
Using examples and cases you have studied this year, explain how the legal system has
responded to challenges and issues in your chosen area of law. Evaluate the extent to which
the legal system has responded to demands for change in relation to this area of law.
Students will need to provide the following in their answer to receive full marks. A suggested
breakdown of marks is provided; however, teacher discretion will need to be used according to the
overall quality of the answer.
 Challenges and issues in the chosen area of law, using cases and examples. (3 marks)
 An explanation of how the legal system has responded, using examples. (3 marks)
 An evaluation of how effective the legal system has been in responding to demands for change
in relation to this area of law. (4 marks)
Better answers will use examples and cases throughout.
Section D: Extended-response question
Describe a rights-related case that you have studied this semester and discuss the impact of
this case on the rights of individuals and the legal system. (10 marks)
To answer this question, students should draw on their knowledge of the case they investigated in
Area of Study 4, such as:
Mabo v. Queensland (No. 2) (Mabo) (1992)
Wik Peoples v. State of Queensland (1996)
Dietrich v. The Queen (1992)
Roach v. Electoral Commissioner (2007)
Lange v. Australian Broadcasting Corporation (1997)
Tuckiar v. R (1934)
Croome v. State of Tasmania (1997)
R v. L (1992)
Other cases may also have been studied.
Complete answers should include the following. A suggested breakdown of marks is provided;
however, teacher discretion will need to be used according to the overall quality of the answer.
 A brief introduction that identifies the case and the area of law that it applies to. (1 mark)
 A brief outline of the facts of the case, including the rights in question, the issues central to it,
why it came to court and the decision of the court. (3 marks)
 A description of why adjudication in a court was needed in this case. (1 mark)
 A discussion of the impact of the court’s decision on the rights of individuals and the legal
system; that is, the extent to which the court decision made an impact on individual rights.
Better answers will refer to the law as it stood prior to the case and following the case.
(5 marks).
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