2015 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX

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1 External Examination LEGAL STUDIES FOR OFFICE USE ONLY SUPERVISOR CHECK ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX RE-MARKED Friday 6 November: 9 a.m. Time: 3 hours Examination material: one 12-page question booklet one 16-page script book one SACE registration number label Approved dictionaries may be used. Pages: 12 Questions: 12 Instructions to Students 1. You will have 10 minutes to read the paper. You must not write in your question booklet or script book during this reading time but you may make notes on the scribbling paper provided. 2. This paper is in two parts: Part A: Short Responses (Questions 1 to 4) Answer all parts of Questions 1 to 4 in the spaces provided in this question booklet. Part B: Extended Responses (Questions 5 to 12) Answer two questions from this part, one from Section 1 and one from Section 2. Answer both questions in the separate script book. 3. The marks for each part and each section and the suggested allotment of time are as follows: Part A 60 marks 100 minutes Part B Section 1 20 marks 40 minutes Section 2 20 marks 40 minutes Total 100 marks 180 minutes 4. Use only black or blue pens to write your answers. 5. Attach your SACE registration number label to the box at the top of this page. Copy the information from your SACE registration number label into the box on the front cover of your script book. 6. At the end of the examination, place your script book inside the back cover of this question booklet. SACE Board of South Australia 2015

2 PART A: SHORT RESPONSES (Questions 1 to 4) (60 marks) Answer all parts of Questions 1 to 4. Write your answers in the spaces provided for each question. The allocation of marks is shown in brackets at the end of each part of each question. 1. Refer to the following information. (a) State two factors that may lead to the initiation of legislation. (ii) (1 mark) (1 mark) (b) Which body drafts new legislation? (1 mark) (c) Describe what happens during the second reading stage of a Bill. (2 page 2 of 12 marks)

3 (d) Outline two methods used by parliament to supervise legislation. (ii) (e) Outline one reason why judges interpret statutes. (f ) Outline one method used by the courts to supervise case law. (g) Explain why deadlocks between the Houses of Commonwealth Parliament occur. (h) Discuss the extent to which it is an appropriate role of judges to create law. (4 marks) TOTAL: 15 marks page 3 of 12 PLEASE TURN OVER

4 2. (a) Explain two strengths of the jury system. (ii) (b) Identify two features of inquisitorial systems, and explain how each feature could improve the Australian justice system. (ii) page 4 of 12

5 (c) Refer to the following information. Court Big Burgers loses negligence trial. Ordered to pay $1 million in damages. #showmethemoney Which court would have heard the Big Burgers trial? (ii) Who has the burden of proof in the Big Burgers trial? (iii) What is the standard of proof in the Big Burgers trial? (d) Identify one factor that a judge might consider when determining the amount of damages. (e) State one role of the judge other than determining the amount of damages in a civil trial. (f ) Outline two methods of alternative dispute resolution. (ii) TOTAL: 15 marks page 5 of 12 PLEASE TURN OVER

6 3. Examine the cartoon and answer the questions following. (a) Explain how the proposal in the cartoon might achieve the functions of law. (4 page 6 of 12 marks)

7 (b) Explain two ways in which the principle of responsible government applies to the Minister for Fitness. (ii) (c) With reference to the cartoon, explain one feature of representative government. page 7 of 12 PLEASE TURN OVER

8 (d) Refer to the following information. Court Alex Dixon guilty of assault. Sentenced to 2 years in prison the maximum possible punishment. #inthelockup Could Alex have had a trial by jury? Give a reason for your answer. (ii) If Alex appeals the conviction, how will the appeal be listed? (iii) State one ground on which Alex could appeal the conviction or the sentence. (iv) Could Alex appeal directly to the High Court of Australia? Give a reason for your answer. TOTAL: 15 marks page 8 of 12

9 4. Refer to the following information. When the Australian Federation was formed in 1901, it was assumed that the Commonwealth Parliament would have a limited number of areas in which to make law, and that the residual powers of the newly formed states would be protected. There are several reasons why, over time, the balance of legislative power has shifted in favour of the Commonwealth at the expense of the states or territories. High Court decisions have played a role in this shift. (a) Identify one type of dispute that falls under the original jurisdiction of the High Court of Australia. (b) Outline one High Court case that has contributed to the shifting balance of power between the Commonwealth and the states or territories. (c) Explain how legislative power is divided between the Commonwealth and the states or territories. (4 marks) page 9 of 12 PLEASE TURN OVER

10 (d) Explain two ways other than through High Court decisions in which the balance of power can shift from the states or territories to the Commonwealth. (ii) (e) Discuss the extent to which state powers are adequately protected by the Australian Constitution. (4 marks) TOTAL: 15 marks page 10 of 12

11 PART B: EXTENDED RESPONSES (Questions 5 to 12) Answer two questions from this part, one from Section 1 and one from Section 2. Write your answers in the separate script book provided. Write the question numbers in the appropriate box on the front cover of the script book and at the beginning of each answer. SECTION 1 (Questions 5 to 8) (20 marks) Answer one question from this section. You must attempt all parts of the question. Label each part of your answer. The allocation of marks is shown in brackets at the end of each part of each question. 5. (a) Outline three procedures in the trial stage of a criminal trial for an indictable offence. (b) Explain why most Australian referendums fail. (c) Critically analyse the extent to which the Australian legal system achieves representative government. (10 marks) 6. (a) Outline three stages in the process by which Australia achieved federation. (b) Discuss the extent to which Australia s system of government was derived from other countries systems of government. (c) Critically analyse the effectiveness of the three arms of government in supervising legislation. (10 marks) 7. (a) Outline three roles performed by the Governor-General in Australia s system of government. (b) Explain how case law is made. (c) Critically analyse the extent to which the Australian legal system has protected the rights of Indigenous Australians since (10 marks) 8. (a) Outline three reasons why parliament delegates law-making power to the executive. (b) Discuss the extent to which international treaties have influenced the Australian legal system. (c) Critically analyse the effectiveness of the adversary system in delivering just outcomes for diverse groups in the community. (10 marks) page 11 of 12 PLEASE TURN OVER

12 Answer one question from this section. SECTION 2 (Questions 9 to 12) (20 marks) 9. In Australia, disputes are resolved more fairly and effectively in the civil justice system than they are in the criminal justice system. Using examples, evaluate this statement. (20 marks) 10. The three arms of government effectively achieve social cohesion and social progress. Using examples, evaluate this statement. (20 marks) 11. The Australian Constitution is outdated and in urgent need of reform. Using examples, evaluate this statement. (20 marks) 12. The parliament is an ineffective law-making body; more power should be given to the executive and the judiciary. Using examples, evaluate this statement. (20 marks) page 12 of 12 end of question booklet