UNIT 3 LEGAL STUDIES – JULY HOLIDAY STUDY
All work is to be handwritten.
TASK 1: FINISH ALL BOOKLETS and REVIEW YOUR WORK TO ENSURE THAT
IT WRITTEN IN THE CORRECT WAY
TASK 2: Prepare and update revision booklet for Unit 3.
It should have:
1. Headings
For each Area of Study and the dot points in each Area of Study.
2. PERFECT definitions
You need to list and learn definitions for each of the key terms in each AoS.
3. Accurate summaries
Of the key knowledge in each of the dot points. Include tables explaining the
strengths and weaknesses of each of the key concepts, mind maps (BIG ones for
each area of study), flow charts. In your own words!
4. Relevant examples and case studies
You don't need to know the details of the cases, it's more important that you
understand why these cases are relevant, their impact and that they are
examples of key concepts.
5. It needs to be set out in a logical way.
Use the study design and the dot points to organize your thoughts.
6. It can be typed.
Example:
Legal Studies Unit 3 – Area of Study 2 (Part 1)
Examples
2.1 Restrictions imposed by the Commonwealth Constitution on the law-making powers
of the state and Commonwealth parliaments.
Restrictions on state parliaments
Restrictions on Commonwealth Parliament
 S114: Raising naval and military
 S106, S108: Guarantee states’
forces
powers
 S115: Coinage of money
 S116: Freedom of religion
 S90: Customs and excise
 S117: Rights of residents in states
 S109: Inconsistencies in law in areas
 S99: Preference over states
of concurrent power
 S51(xxxii): Acquisition of property on
 S92: Free trade
‘just’ terms
 S128: Changing the words of the
Constitution
TASK 3: COMPLETE ALL OF THE REVISION QUESTIONS THAT I GAVE YOU IN
THE LAST HOLIDAY BREAK
TASK 3: REVISION QUESTIONS FOR UNIT AREA OF STUDY 3 and UNIT 4
AREA OF STUDY 1
Remember: 10 mark questions need to be approximately 2 pages.
Use examples where appropriate.
Use SEE.
REVISION QUESTIONS – AOS 3 THE ROLE OF THE COURTS IN LAW MAKING
1. Define binding precedent.
2. Define persuasive precedent.
3. Distinguish between ratio decidendi and obiter dicta. In your explanation,
state which is binding and which is persuasive.
4. Define each of the following terms and clearly explain the implications of
each:
- overruling
- reversing
- distinguishing
- disapproving
5. Why is it necessary for courts to interpret interpretation?
6. Explain the effect that statutory interpretation has on future court
decisions. Give two examples.
7. Identify two features of the relationship between the courts and
parliament in law making (VCAA 2007)
8. Provide two reasons why judges need to interpret statutes (VCAA 2004).
9. ‘The operation of the doctrine of precedent relies upon the existence of a
hierarchy of courts’. Explain the above statement. (2 marks VCAA 2009).
10. Explain the operation of the doctrine of precedent and evaluate two
strengths of this method of law making (8 marks, VCAA 2010).
11. Recently, a critic of the Australian legal system commented that a
hierarchy of courts is not necessary. Outline one reasons to justify the
existence of a court hierarchy. (1 mark)
12. A strength of parliament as a law maker are that it makes law which
reflect the views of the community and can make laws whenever the need
arises. Critically examine these two strengths (VCAA 2008).
13. List five strengths and weaknesses of law making through parliament.
14. List four strengths of law making through the courts.
15. In what areas of law are the courts the most significant law makers?
10 mark questions
1. Explain how the doctrine of precedent operates and indicate the extent to
which you believe it is an effective method of law-making. (VCAA 2001)
2. Explain how law can be made by parliament and through court decisions.
Comment on the effectiveness of these two methods of law making.
3. ‘The doctrine of precedent limits the role of 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. (VCAA 2008).
4. Discuss how courts and parliament make law. Discuss two differences
between the law making processes of courts and parliament. (VCAA
2004)
5. Explain the processes of law making by courts. Include in your answer an
evaluation of two strengths and two weaknesses of this process (VCAA
2004).
REVISION QUESTIONS – UNIT 4 AOS 1 DISPUTE RESOLUTION
1. Explain the criminal and civil jurisdictions of the Magistrates’ Court in
Victoria (4 marks, VCAA 2001).
2. David has been charged with armed robbery and his trial is due to start in
two weeks.
i.
David faced a committal proceeding before his trial. Outline the
criminal jurisdiction of the court which heard this proceeding.
ii.
In which court is it most likely that David’s case will take place and
why?
3. 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 his liability. In court Brendan must prove his
case beyond reasonable doubt. Identify two errors in the extract and
provide the correct definition or procedure (4 marks VCAA 2010).
4. The Marital Status Act 2009 has just been passed by the Victorian
Parliament. If the Constitutional validity of the Marital Status Act 2009
was challenge, identify the court that would hear this matter. Outline one
aspect of its appellate jurisdiction. (VCAA 2009).
5. Identify and explain one reasons why we have a hierarchy of courts and
one reasons for the existence of tribunals in the legal system.
6. Own is facing a term of imprisonment after he was found guilty of capable
driving. Owen was driving a car which was involved in an accident and
the passenger was killed. Owen’s blood alcohol reading was well over the
legal limit and the car was travelling at excessive speed. If own wished to
appeal, which court would hear this appeal?
7. Mia applied for a job in a bar but the owner, Jodie, said that she did not
want to employ Mia because she was married. Jodie said that that 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.
i.
Identify the court of tribunal that has the power to hear this sort of
case (1 mark)
ii.
Explain an alternative method of dispute resolution which could
be used to resolve a case like this and evaluate its effectiveness (4
marks)
8. Sophie is having problems with the property that she owns. Sophie has
been advised to make an application to the Victorian Civil and
Administrative Tribunal – Residential Tenancies List. Explain two
advantages of tribunals in resolving disputes. (6 marks VCAA 2009).
9. Compare mediation and arbitration as methods of dispute resolution (4
marks VCAA 2010).
10. The existence of tribunals ensures that people have access to mechanisms
for the resolution of disputes. To what extent do you agree with the above
statement? Justify your answer (5 marks).
11. Define what is meant by judicial determination, explain how it differs
from other dispute resolution methods.
12. The following scenario contains several errors in the way that the 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 well from work.
Identify three errors in the above scenario and explain the correct
process or procedure which should have occurred.
13. Explain the purpose of a committal hearing.
10 mark questions
1. Sally has taken a defamation case to court. She is not satisfied with the
outcome of her case. She says that she doesn’t like ‘judicial
determination’. Advise Sally of other methods that can be used to
resolve her disputes and evaluate the strengths and weaknesses of
these methods.
2. Tribunals are not as effective as courts in delivering a timely and
cheap way to resolve disputes. However, they do have their
advantages. Discuss, indicating the extent to which you agree with the
statement.
TASK 4: ANNOTATE THE three ARTICLES
Annotate the three articles that are attached. Write a detailed explanation of the
cases, their facts and how the case links to what you have learned.
TASK 5: CHECKLIST
Question I have trouble What I will do about it…
with…
I now understand…
CHECKLIST OF JULY HOLIDAY WORK
Completed?
Task 1
Task 2
Task 3
Task 4
Task 5
Added
booklet?
to
revision Still need to work on….