Letter STUDENT NUMBER LEGAL STUDIES. Written examination. Wednesday 9 November 2016

Transcription

1 Victorian Certificate of Education 2016 SUPERVISOR TO ATTACH PROCESSING LABEL HERE Letter STUDENT NUMBER LEGAL STUDIES Written examination Wednesday 9 November 2016 Reading time: 2.00 pm to 2.15 pm (15 minutes) Writing time: 2.15 pm to 4.15 pm (2 hours) QUESTION AND ANSWER BOOK Number of questions Structure of book Number of questions to be answered Number of marks Students are permitted to bring into the examination room: pens, pencils, highlighters, erasers, sharpeners and rulers. Students are NOT permitted to bring into the examination room: blank sheets of paper and/or correction fluid/tape. No calculator is allowed in this examination. Materials supplied Question and answer book of 20 pages. Additional space is available at the end of the book if you need extra paper to complete an answer. Instructions Write your student number in the space provided above on this page. You should make use of stimulus material where it is included. However, it is not intended that this material will provide you with all the information to fully answer the question. All written responses must be in English. Students are NOT permitted to bring mobile phones and/or any other unauthorised electronic devices into the examination room. VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY 2016

2 2016 LEGAL STUDIES EXAM 2 Answer all questions in the spaces provided. Instructions Question 1 (7 marks) Nathan commences proceedings in the Magistrates Court against his employer and is seeking $ in damages. a. Describe one purpose of damages. 2 marks b. Explain one reason why there is a court hierarchy in Victoria. 3 marks Question 1 continued

3 LEGAL STUDIES EXAM c. There are Victorian courts, other than the Magistrates Court, that have original jurisdiction to hear this dispute between Nathan and his employer. Why is this statement correct? 2 marks Question 2 (3 marks) Explain the principles of representative government and responsible government. TURN OVER

4 2016 LEGAL STUDIES EXAM 4 Question 3 (3 marks) A referendum proposal was voted on by the electors of Australia. Fifty-six per cent of all voters in Australia voted in favour of the proposal and the majority of voters in all states, except Victoria, Tasmania and New South Wales, voted in favour of the proposal. Was the referendum passed? Justify your answer.

5 LEGAL STUDIES EXAM Question 4 (4 marks) Explain the extent to which Australia s constitutional approach to the protection of rights is the same as that of one of the following countries: Canada, New Zealand, South Africa or the United States of America. Country used TURN OVER

6 2016 LEGAL STUDIES EXAM 6 Question 5 (4 marks) Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures.

7 LEGAL STUDIES EXAM Question 6 (5 marks) Compare the role of a criminal jury with that of a civil jury. TURN OVER

8 2016 LEGAL STUDIES EXAM 8 Question 7 (10 marks) Sam, 23, has prior convictions and drug and alcohol addictions. Sam has been charged with three indictable offences, including armed robbery. The prosecution alleges that Sam was in possession of high-heeled shoes when committing the armed robbery and, therefore, possessed an offensive weapon within the meaning of the Crimes Act 1958 (Vic). Sam meets with lawyers at their office and is advised that there is no precedent for whether high-heeled shoes are an offensive weapon. a. Outline one purpose of bail. Refer to Sam s case in your answer. 2 marks b. Describe the law-making process that the court will use to determine whether Sam possessed an offensive weapon within the meaning of the statute. 3 marks Question 7 continued

9 LEGAL STUDIES EXAM c. Provide one sanction that may be imposed if Sam is found guilty and discuss the ability of that sanction to achieve its purposes. 5 marks TURN OVER

10 2016 LEGAL STUDIES EXAM 10 Question 8 (5 marks) Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law.

11 LEGAL STUDIES EXAM Question 9 (7 marks) A Bill has been introduced into the Commonwealth Parliament to amend an existing law. a. Describe one reason why a law may need to change. 2 marks Question 9 continued TURN OVER

12 2016 LEGAL STUDIES EXAM 12 b. Discuss the law-making role of the Commonwealth Parliament. 5 marks

13 LEGAL STUDIES EXAM Question 10 (6 marks) Evaluate the extent to which the Commonwealth Constitution protects the rights of Australians through implied rights. TURN OVER

14 2016 LEGAL STUDIES EXAM 14 Question 11 (6 marks) Mediation is a better way to resolve disputes than a more formal method such as arbitration. Discuss this statement.

15 LEGAL STUDIES EXAM Question 12 (10 marks) Judges can resolve disputes effectively because the adversary system of trial and the operation of the doctrine of precedent work well. Discuss the extent to which you agree or disagree with this statement. Question 12 continued TURN OVER

16 2016 LEGAL STUDIES EXAM 16 Question 12 continued

17 LEGAL STUDIES EXAM END OF QUESTION AND ANSWER BOOK TURN OVER

18 2016 LEGAL STUDIES EXAM 18 Extra space for responses Clearly number all responses in this space.

19 LEGAL STUDIES EXAM TURN OVER

20 2016 LEGAL STUDIES EXAM 20 An answer book is available from the supervisor if you need extra paper to complete your answer. Please ensure you write your student number in the space provided on the front cover of the answer book. At the end of the examination, place the answer book inside the front cover of this question and answer book.