2016 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX

Transcription

1 External Examination LEGAL STUDIES FOR OFFICE USE ONLY SUPERVISOR CHECK ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX RE-MARKED Friday 11 November: 9 am Time: 3 hours Examination material: one 13-page question booklet one 16-page script book one SACE registration number label Approved dictionaries may be used. Pages: 13 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 2016

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3 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. 11m Appeal court overturns Francis Highland s assault conviction. Prosecution expresses disappointment. #breakingnews (a) Identify a state or territory court that would have heard Francis Highland s appeal. (b) Identify the two elements of an indictable criminal offence. (c) Discuss the extent to which the court hierarchy in Australia supports the delivery of just outcomes in legal disputes. (4 marks) page 3 of 13 PLEASE TURN OVER

4 Refer to the following information. (d) Outline how government is formed in Australia. (e) Outline how the Prime Minister is chosen in Australia. (f) Outline how the Governor-General is appointed in Australia. (g) Outline two roles relating to elections that are performed by the Governor-General in Australia s system of government. (i) (ii) page 4 of 13

5 (h) Explain how the principle of representative government makes social cohesion possible. (4 marks) TOTAL: 15 marks page 5 of 13 PLEASE TURN OVER

6 2. Refer to the following information. The 1967 referendum was the most successful in Australia s history, achieving over 90 per cent support for the two proposed changes. Commentators believe that the referendum was a success because it was supported by both major political parties, and it was preceded by a well-organised, lengthy public consultation phase. (a) Outline one legal consequence of the 1967 referendum. (b) Outline three stages of the process by which amendments can be made to the Australian Constitution. (i) (ii) (iii) (c) Discuss whether or not the criteria for changing the Australian Constitution are too difficult to achieve. (4 marks) page 6 of 13

7 (d) Refer to the following information. (i) Identify one international treaty relating to human rights that the Australian Government has signed. (ii) Outline how the international treaty that you identified in part (d)(i) has contributed to the provision of human rights in Australia. (iii) Describe two stages in the process by which international treaties are incorporated in Australian law. (1) (1 mark) (2) (1 mark) (iv) Identify one case in which the High Court of Australia considered an international treaty that the Australian Government has signed. (v) Discuss whether or not the executive has too much power in the treaty-making process. (2 marks) TOTAL: 15 marks page 7 of 13 PLEASE TURN OVER

8 3. Refer to the following information. HN 43m Fishing industry threatens legal action over new regulation announced by the Minister for Fish. Opposition and independent parliamentarians promise to act. #takingthebait (a) The Executive Council is one type of delegated body. Identify one other type of delegated body. (b) Describe how a regulation is made. (4 marks) page 8 of 13

9 (c) Discuss the extent to which it is appropriate for parliament to delegate law-making power to the executive. (4 marks) (d) Identify two rules of statutory interpretation, and outline how a court may use each rule to interpret regulations or legislation. (i) (2 marks) (ii) (2 marks) (e) Outline two methods other than those involving the judicial arm of government of supervising regulations. (i) (ii) TOTAL: 15 marks page 9 of 13 PLEASE TURN OVER

10 4. Refer to the following information. (a) State the role of a jury. (b) Define the term majority verdict. (c) Define the term hung jury. (d) Explain the difference between the burden of proof and the standard of proof in a criminal trial. (2 marks) page 10 of 13

11 (e) Identify two roles of the judge when a jury is present in the adversary system of trial. (i) (ii) (f ) Outline one reason why evidence is admitted through oral testimony in the adversary system of trial. (g) (i) Identify one type of evidence that might be ruled inadmissible in the adversary system of trial. (ii) Discuss whether or not the type of evidence that you identified in part (g)(i) should be admissible in the adversary system of trial. (2 marks) (h) Discuss whether or not the accused is treated more fairly in the inquisitorial system of trial than in the adversary system of trial. (4 marks) TOTAL: 15 marks page 11 of 13 PLEASE TURN OVER

12 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 how deadlocks between the Houses of Commonwealth Parliament are resolved using the double dissolution process. (b) Identify three features of the Australian Constitution, and explain why each feature is important in Australia s system of government. (c) Critically analyse the strengths and weaknesses of the principle of judicial independence. (4 marks) (6 marks) (10 marks) 6. (a) Outline the role of the High Court of Australia. (4 marks) (b) Explain three factors that may lead to the initiation of legislation. (c) Critically analyse the effectiveness of constitutional monarchy as a system of government in Australia. (6 marks) (10 marks) 7. (a) Outline the concept of social progress. (4 marks) (b) Explain three differences other than those in the pre-trial stage between criminal trials and civil trials. (c) Critically analyse the role of the High Court of Australia in the shifting balance of power between the Commonwealth and the states. (6 marks) (10 marks) 8. (a) Outline the pre-trial stage of a civil dispute. (4 marks) (b) Explain the importance of the rule of law in the Australian legal system. (c) Critically analyse the strengths and weaknesses of judge-made law. (6 marks) (10 marks) page 12 of 13

13 Section 2 (Questions 9 to 12) (20 marks) Answer one question from this section. 9. Australia s system of parliamentary democracy is effective in achieving both representative government and responsible government. Using examples, evaluate this statement. (20 marks) 10. The judiciary has been more successful than parliaments in protecting the rights of Indigenous Australians since Using examples, evaluate this statement. (20 marks) 11. The Senate prevents effective law-making in Australia. Using examples, evaluate this statement. (20 marks) 12. Alternative dispute resolution is the most effective method of achieving just outcomes. Using examples, evaluate this statement. (20 marks) page 13 of 13 end of question booklet