A strength of demonstrations in influencing law reform is:

Large demonstrations can attract positive media attention

State the claim & defence in a dispute & are filed at court

Which is NOT a responsibility of the judge in a civil trial?

To present the case to the jury

The purpose of specific damages is to:

To compensate the plaintiff for losses suffered

Which is NOT a problem for indigenous people when in contact with the criminal justice system?

The cost of legal representation

Which is a recommended reform to address accessibility factors?

Improving access to interpreters

Exclusive powers are:

Law making powers held only by the Commonwealth

The right of an accused to trial by jury is protected by:

The Constitution, The Criminal Procedure Act 2009

In which courts will indictable offence trials take place?

County Court; Supreme Court (Trial Division)

A court decision establishing a legal principle

Donoghue v Stevenson was persuasive precedent in which case?

Grant v Australian Knitting Mills

The High Court in the Roach case decided that:

Voting can be restricted to preserve representative Govt.

What is an adverse costs order?

Court order that 1 party pays another party's costs

Which is NOT a feature of the Constitution?

Establishes the Victorian parliament

Which is an aggravating factor?

The offence taking place in front of children

The power of the Cth to make law for indigenous people was passed:

By 90.77% of population; All 6 states

Which is NOT an express right under the Constitution?

Right to a jury trial for all criminal offences

Which is a strength of courts as dispute resolution bodies?

The judge is independent & impartial

Which are responsibilities of a criminal jury?

Be objective; Deliver a verdict

Which factors affect the criminal justice system's ability to achieve the principles of justice

Costs; Time; Cultural Differences

Overruling a precedent means to:

Not follow a precedent set by a lower court in another case

Which is NOT an effect of statutory interpretation:

The wording of the statute is changed

The full name of the Australian Constitution is:

The Commonwealth of Australia Constitution Act 1900 (UK)

Which was NOT a recommendation of the Standing Committee on Legal & Social Issues into the MSIC

There should be MSICs trials in multiple locations

What are the 3 types of law making powers under the Constitution?

Exclusive; Residual; Concurrent

A strength of parliamentary committees is they:

Allow members to gain expertise in an area of law reform

What is a concurrent sentence?

Terms of imprisonment that run at the same time

Which is NOT a check on parliament's law-making powers the Study Design requires you to know?

The impact of international declarations

Which of the following can be said to uphold the principle of 'fairness'?

The accused has the opportunity to present their defence

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Units 3&4 VCE Legal Studies Super-Quiz

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A Quiz covering all of Units 3 & 4 of VCE Legal Studies. Created for the final lesson before study leave

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Questions 100

Answers

1
A strength of demonstrations in influencing law reform is:
A one-off event is easy for parliament to ignore
Wild demonstrations may result in an unsympathetic public
Large demonstrations can attract positive media attention
Demonstrations can be for things other than law reform
2
'Pleadings':
State the claim & defence in a dispute & are filed at court
Copies of documents relevant to the issue in dispute
A statement of fact given by an independent expert
A written form of evidence that a witness would give orally
3
Which is NOT a responsibility of the judge in a civil trial?
To decide on the admissibility of evidence
To present the case to the jury
To manage the trial
To make a decision on costs
4
Which is NOT a purpose of committal proceedings:
To resolve a criminal case
To see whether an indictable offence can be heard summarily
To find out if the accused will plead guilty
To see if there is enough evidence for a conviction at trial
5
The 'Kevin & Jennifer' case is an example of:
Judicial conservatism
Statutory interpretation
Codification of common law
High Court interpretation of the constitution
6
The purpose of specific damages is to:
To compensate the plaintiff for losses suffered
To uphold the Pl's rights without awarding substantial sums
To punish the defendant
7
Who are the parties to a civil dispute?
Plaintiff; Defendant; Judge
Plaintiff; Defendant
Accused; Prosecution
Plaintiff; Accused
8
Binding precedents must be followed by all courts in the same hierarchy
False
True
9
One case demonstrating judicial activism is:
State Government Insurance Commission v Trigwell
Rowe v Electoral Commissioners
Mabo v Queensland (No 2)
Re McBain; Ex parte Australian Catholic Bishops
10
Which is NOT a problem for indigenous people when in contact with the criminal justice system?
Lack of understanding of court procedures
The cost of legal representation
Direct questioning
That eye contact is considered to be truthful in court
11
Mediation involves an independent 3rd party who makes suggestions about to resolve a dispute
False
True
12
Which is a recommended reform to address accessibility factors?
Introduction of a 3 tier fee system in VCAT
Use of Technology Assisted Review in the Supreme Court
To provide an interpreter in every civil case
Improving access to interpreters
13
Exclusive powers are:
Law making powers of the High Court
Law making powers held only by the Commonwealth
Law making powers held by both the Commonwealth and States
Law making powers held only by the States
14
The right of an accused to trial by jury is protected by:
It is not protected under Australian law
The Constitution
The Victorian Charter of Human Rights & Responsibilities
The Criminal Procedure Act 2009
15
In which courts will indictable offence trials take place?
Magistrates' Court; County Court
Supreme Court (Trial Division); Supreme Court (Crt of Appeal
Magistrates Court; Supreme Court (Trial Division)
County Court; Supreme Court (Trial Division)
16
Which aspect of the civil justice system relates to 'equality'?
The availability of legal representation to poor people
The ability of parties to present their case
The impartiality of the judge
All of the other answers
17
What is the limitation period for a breach of contract claim
6 years
12 months
3 years
15 years
18
Which is NOT a factor that a plaintiff should consider before initiating a civil claim?
Enforcement
Limitation of action
Costs
Time
19
A precedent is:
The process by which judge's give meaning to statutes
A decision made by a jury
Judge's comments made 'by the way'
A court decision establishing a legal principle
20
What was the average time to complete criminal matters in 2015/16?
3.5 months
36 months
19.2 months
9.7 months
21
Donoghue v Stevenson was persuasive precedent in which case?
Deing v Tarola
Mabo v Queensland (No 2)
Grant v Australian Knitting Mills
Davies v Waldron
22
The High Court in the Roach case decided that:
Prisoners with 2 year sentences can be prevented from voting
All prisoners can be prevented from voting
All prisoners should be allowed to vote
Voting can be restricted to preserve representative Govt.
23
What is an adverse costs order?
Jury decision that 1 party pays another party's costs
Court order that 1 party doesn't have to pay another's costs
Court order for compensation by the defendant to plaintiff
Court order that 1 party pays another party's costs
24
Which is NOT a feature of the Constitution?
Establishes the High Court of Australia
Establishes the Victorian parliament
Establishes the Commonwealth parliament
Provides a mechanism for changing the Constitution
25
To receive legal assistance from Victoria Legal Aid, an accused needs to satisfy a 'means test'
False
True
26
Which is an aggravating factor?
A guilty plea
A victim impact statement
The offence taking place in front of children
The offender was provoked by the victim
27
The power of the Cth to make law for indigenous people was passed:
By 92.3% of the population; All 6 states
By 90.77% of population; All 6 states
By a majority of population; 4 out of 6 states
Actually it didn't pass
28
Which is NOT a reason for appeals in the criminal justice system?
Appeals
Convenience
Specialisation
29
How many seats are there in the Legislative Assembly?
150
76
40
88
30
In which case will a victim NOT be notified of the likely release date of the accused:
Rape
Theft
Aggravated burglary
Stalking
31
Which is NOT an express right under the Constitution?
Right to freedom of religion
Right to a jury trial for all criminal offences
Right not be discriminated against on basis of home state
Right to free trade within the commonwealth
32
Which is a strength of courts as dispute resolution bodies?
The judge is independent & impartial
Courts offer speedy resolution of disputes
Courts have an informal atmosphere
Courts are free
33
Fines are paid by a convicted offender to the victim
True
False
34
A offence heard & determined summarily will be heard in:
The Coroner's Court
The Supreme Court Trial Division
The Magistrates' Court
The County Court
35
Which are responsibilities of a criminal jury?
Deliver a verdict; Decide the sentence
Listen to the evidence; Decide the sentence
Be objective; Deliver a verdict
Be objective; Advise the judge on the law
36
Which factors affect the criminal justice system's ability to achieve the principles of justice
Specialisation; Appeals; Time
Costs; Time; Cultural Differences
Costs; Time; Accessibility
Guilty Pleas; Costs
37
Scope of Liability: Who could be a possible deferent to a claim?
All of the other answers
An insurer
Someone involved in the wrongdoing
An employer
38
Overruling a precedent means to:
To follow a precedent whilst stating you disagree with it
Not follow a precedent set by a lower court in the same case
Not follow a precedent because of different material facts
Not follow a precedent set by a lower court in another case
39
Which role in law-making do the House of Representatives & Senate BOTH have?
Represents the people
Introduces money bills to the parliament
Initiates and makes law
Acts as the states house
40
Which is NOT an effect of statutory interpretation:
Words in a statute are given meaning
The statute and interpretation are read together in future
The wording of the statute is changed
A precedent is set for future cases
41
How many people must have a similar claim to launch a representative action?
At least 6
6
7
At least 7
42
Who might put political pressure on parliament to make / not make laws?
All of the above
A member's political party
Pressure groups
Business groups
43
The full name of the Australian Constitution is:
The Australian Constitution
The Commonwealth of Australia Constitution Act 1900 (UK)
The Commonwealth of Australia Constitution Act 1901 (UK)
The Commonwealth of Australia Constitution Act 1900 (Cth)
44
Which was NOT a recommendation of the Standing Committee on Legal & Social Issues into the MSIC
MSICs improve the health of injecting drug users
46 / 49 submissions support a trial of a North Richmond MSIC
The Sydney MSIC didn't increase crime in surrounding areas
There should be MSICs trials in multiple locations
45
What are the 3 types of law making powers under the Constitution?
Exclusive; Residual; Concurrent
Executive; Residual; Concurrent
Executive; Legislative; Judicial
Precedent; Statutory Interpretation; Statute
46
The High Court case interpreting sections 7 & 24 of the Constitution is:
Roach v Electoral Commissioner
Commonwealth v Tasmania
McBain v Victoria
R v Brislan, ex parte Williams
47
A strength of parliamentary committees is they:
Allow members to gain expertise in an area of law reform
Are independent of parliament so make unbiased proposals
Can be time consuming & costly
Can force parliament to adopt their proposals
48
What is a concurrent sentence?
One sentence that applies to more than 1 offence
Terms of imprisonment that are of an indefinite length
Terms of imprisonment that run at the same time
Terms of imprisonment that run one after the other
49
Which is NOT a check on parliament's law-making powers the Study Design requires you to know?
The role of the High Court in interpreting the Constitution
The impact of international declarations
The express protection of rights
The bicameral structure of parliament
50
Which of the following is/are residual powers?
Education; Health; Roads
Customs & Excise; Military; Australian citizenship
Power to make laws for the ACT & Northern Territory
Control of railways for defence purposes
51
Which of the following can be said to uphold the principle of 'fairness'?
The accused has the opportunity to present their defence
The availability of courts & legal processes
The laws applying equally to everyone
The use of a judge & jury to decide criminal cases
52
The committee investigating whether a medically supervised injecting centre be established was:
A Legislative Assembly standing committee
A joint investigatory committee
A Legislative Assembly select committee
A Legislative Council standing committee
53
Which is a recent reform introduced to address cost factors?
Improving access to interpreters
The use of Technology Assisted Review in the Supreme Court
Changes to the High Court appeal process
The removal of wigs in the Supreme Court
54
The standard of proof in civil law is:
Beyond reasonable doubt
Whatever the judge decides it is
On the balance of probabilities
The burden of proof
55
Which dispute can VCAT hear?
Disputes between employers and employees
A claim about the sale of goods
Disputes between drivers in a car accident
Representative proceedings
56
The original jurisdiction of the County Court is:
Claims up to $100,000
Claims of unlimited amounts
Claims in excess of $100,000
Claims from $100,000 to $10 million
57
VLRC investigated whether people should be treated with cannabis in exceptional circumstances
False
True
58
Consumer Affairs Victoria (CAV) uses which dispute resolution method?
Judicial Determination
Mediation
Arbitration
Conciliation
59
Representative government is:
Political system when people elect members to represent them
Organisation that represents people with similar views
A government agency providing free legal advice
Govt that doesn't have a majority of seats in lower house
60
Which is a strength of the 'bicameral structure of parliament' checking law-making powers?
A hostile Senate can stall / delay the law making process
If Govt has a majority in Senate it act as a rubber stamp
A hostile Senate leads to careful review & debate of bills
The judiciary is independent of parliament
61
An injunction is an:
Order for the defendant to pay damages to the Plaintiff
Order directing someone to do or stop doing a certain act
Order for the court to do something or stop doing something
Order for the defendant to pay the plaintiff's costs
62
Social media can be ineffective in law reform because:
Individuals can easily interact with members of parliament
Publicly expressed views are always accurate
Issues are presented in simplistic ways misrepresenting them
Social media has a wide reach & can galvanise public opinion
63
What are the 5 purposes of sanctions?
Punish; Deter; Denunciate; Protect; Recidivist
Punish; Defend; Deport; Protect; Rehabilitate
Punish; Deter; Denunciate; Protect; Rehabilitate
Punish; Deter; Denunciate; Remove; Repudiate
64
Which type of assistance will Community Legal Centres (CLCs) very rarely provide
Initial legal advice
Legal casework
Duty lawyer assistance
Basic legal information
65
Who can act as the Prosecution in the criminal justice system?
Victoria Police
The Office of Public Prosecutions
Vic Roads
All of other 3
66
What might affect the decision of an individual to bring a case to court that makes new law?
Time for a case to come before courts able to make precedent
The cost of legal representation
Court fees
All of the above
67
Courts can respond effectively to the need for law reform because:
Courts can only make law where cases are brought before them
Courts can make law where none exists by creating precedent
Judges are elected & so will respond to community needs
Parliament can abrogate court made law
68
Which is NOT a relationship between courts & parliament in law-making?
Codification of common law
Statutory interpretation
The supremacy of parliament
The requirement for a double majority
69
Which institutions 'available to help the accused' does the Study Design mention?
Victoria Legal Aid; the Courts
Victoria Legal Aid; Community Legal Centres
VLRC; YouthLaw
Monash Legal Services
70
Which is NOT a 'key concept of the Victorian criminal justice system' in the Study Design?
The burden of proof
The rights of an accused
the presumption of innocence
The standard of proof
71
Appeals can be made from VCAT:
On a question of law
On a question of fact
On conviction
On the amount of damages
72
Section 109 provides that if there is an inconsistency between state & Commonwealth law
State and Commonwealth law both continue to apply
State law applies to the extent of the inconsistency
Commonwealth law applies to the extent of the inconsistency
There is no Section 109!
73
The upper house of the Victorian parliament is the:
The Senate
Legislative Council
The Legislative Assembly
The House of Representatives
74
Which is NOT a restriction on Commonwealth parliament's law making powers?
The High Court ruling that a law is ultra vires
Residual Powers
Exclusive powers
Express rights
75
Which is NOT a strength of sentence indications:
A judge doesn't have to give a sentence indication if asked
Accused has greater certainty about the possible sentence
It can minimise trauma to the victim
It may result in early determination of the case
76
Parliament can effectively respond to the need for law reform because:
It can respond quickly
It can investigate the need for law reform
It is an elected & supreme law-making body
All of the above
77
The case that considered the impact of treaties on the meaning of the external affairs power is
Commonwealth v Tasmania
Roach v Electoral Commissioner
R v Brislan, ex parte Williams
McBain v Victoria
78
How does the double majority requirement act as a check on parliament's law-making powers?
Removes power to change constitution from parliament
It protects smaller states, such as Tasmania
Allows voters to refuse to support a constitutional change
All of the above
79
Abrogation of common law means:
Parliament passing a statute that confirms common law
The courts making a law that confirms statute law
The courts making a law that overrides statute law
Parliament passing a statute that overrides common law
80
The requirement for standing means:
That everyone coming before court must stand
You don't need a legal / financial interest to bring a claim
Only bishops & bikies can bring claims to court
Person must be directly affected by an issue to bring claim
81
The 1967 referendum allowed Cth to make law for indigenous people & increased H of R numbers:
True
False
82
Which is NOT a benefit of representative proceedings?
It's more efficient for courts to deal with multiple claims
The group members can share costs
It improves access to the legal system
Litigation funders don't take a share of the compensation
83
Which 'powers of judicial case management' does the study design require you to know?
To award a remedy; To allow an appeal
To impose a sentence; To hold a committal hearing
To order mediation; To give directions
To order conciliation or mediation
84
Which is a strength of arbitration?
The parties have complete control over the outcome
It is very quick and cheap
The decision is binding without a deed of settlement
There are unlimited rights to appeal
85
Plea negotiations are:
Negotiations between prosecution & accused about the charges
To see if there is enough evidence to support a conviction
A judge's report about what sanction is likely to be imposed
86
The 3 tiers of VCAT fees are:
General; Specific; Compensatory
Corporate; Standard; Health Care Card Holders
Standard; Corporate; Unemployed
Expensive; Very expensive; Outrageously expensive
87
Which of the following can be said to uphold the principle of 'access'?
The use of a judge
The proper application of court processes
The availability of Legal Aid for the poor
The impartial application of laws
88
Judicial conservatism is where:
Judges incorporate their own political views in a decision
Old, white, male judges
Judges adopt narrow a interpretation of the law
Judges incorporate community views in making a decision
89
Influencing law reform through the courts is effective because:
Courts can create precedent, binding future courts
Anyone with any interest in reform can bring a case to court
Even the Magistrates Court can make precedent
Judges always represent the views of the community
90
The definition of a 'petition' is:
A digital or physical document containing a demand
Request for parliament to reform the law
Formal written request to reform the law presented to an MP
A list of signatures asking for something
91
Which is a core condition of a Community Correction Order?
Must remain at a specified address at night & not go out
Must live at a specific address
Must not leave Victoria without permission
Must undergo treatment & rehabilitation
92
Which is NOT a reason for law reform?
Advances in technology
International exchange rates
Greater need for protection of the community
Changes in beliefs, values & attitudes
93
The double majority required to change the constitution requires:
A majority of electorate & majority in a majority of states
A majority of the electorate in a majority of states
A majority in the House of Representatives & the Senate
A majority of parliament & a majority of electorate
94
Which is NOT an 'alternative arrangement' that can be made for a 'vulnerable witness'
Not allowing the accused to cross-examine the witness
The witness may give evidence via closed circuit TV
The provision of the support dog Coop
Screens shielding the accused from the witness
95
Which is NOT a restriction on the courts ability to make law listed in the Study Design?
Costs & time in bringing a case to court
The requirement for standing
Political pressures
Judicial conservatism
96
Which VCAT list had the longest waiting period in 2015/2016?
Residential Tenancies
Civil Claims
Owners' Corporation
Planning & Environment
97
Which is NOT a role of the Victorian Law Reform Commission?
To reform the law
Make proposals on minor issues of general community concern
To monitor & co-ordinate law reform activity in Victoria
Make law-reform proposals when asked by the Attorney General
98
The High Court case having an impact on the division of constitutional law making powers is:
McBain v Victoria
Commonwealth v Tasmania
R v Brislan, ex parte Williams
Roach v Electoral Commissioner
99
Who gives royal assent to bills passed by the Victorian parliament?
The Governor General
The Queen
The Governor
The Premier
100
The separation of powers checks parliament's law-making powers because:
All of the above
The judiciary can declare statues 'ultra vires'
Legislature scrutinises Executive's bills in Question Time
Legislature can refuse to pass laws proposed by executive

Units 3&4 VCE Legal Studies Super-Quiz Flashcards | StudBud