One reform, allowing juries to participate in sentencing, would help because...

The community would gain confidence in sentencing

Which of the following would help provide access to the legal system?

Legal education programs for new migrants

The role of VCAT is to provide...

A cheap, timely body to resolve civil disputes

Which of the following can prevent "access to the legal system"?

Language and education difficulties

Which of these is NOT an option for parliament in responding to statutory interpretation?

It can reverse the result in the case

Which of these is NOT a strength of the adversary system?

The party with better legal representation is likely to win

Rank the dispute resolution methods from least formal and costly to most formal and costly

Mediation, Conciliation, Arbitration, Judicial Determination

What happens when a referral of power is made by all the states?

A residual power becomes a specific power

The role of the Victorian Law Reform Commission is to...

Research, consult, and advise on changes to Victorian law

Which of these is NOT a strength of law-making through the courts?

The courts can only make laws when they have a case

The purpose of civil remedies is to...

Return P to the position they would have been in

Structural protection is...

Protections built into the structure of the Constitution

The Commonwealth Parliament is composed of...

House of Representatives, Senate, Governor-General

The Victorian parliament is composed of...

Legislative Assembly, Legislative Council, Governor

Roach v Electoral Commissioner examined

Whether there is a constitutionally protected right to vote

Another proposed reform, requiring juries to give reasons for their decisions, would help by...

Making sure their decisions follow the law

Which of the following can prevent "fair & unbiased hearings"?

Legal representation is expensive

One proposed alternative, having judges give all verdicts, would help because...

It would save time and money (especially with hung juries)

Representative government means

The government represents the people

One weakness of parliament as a law-making body is...

It can't always foresee what may happen in the future

Responsible government means...

The government answers to Parliament

Legal representation is usually not required at VCAT because...

The formal rules of evidence don't apply

Why might bail be denied?

High risk A will offend while on bail or not attend court

A precedent is persuasive when...

It doesn't come from a higher court in the same hierachy

Which statement is NOT true?

The County Court has no appellate jurisdictions

Referenda are powerful because...

They can change the actual words of the Constitution

Which adult citizens are ineligible for jury service?

Current/recent lawyers, people incapable of doing the job

What was the result in the Tasmanian Dams case?

The HC expanded the definition of the foreign affairs power

studbud

Mrs Thorpe's VCE Legal Studies Quiz 2017

81 termsStudBud Administration18 plays

Adapted from 'The Grand Legal Studies Quiz 2017'

Flashcards81 cardsFPractice quizPHost liveL

Questions 81

Answers

1
Which of these is NOT a way for the division of law-making powers to change
High Court decision
Referendum
Royal Assent
Referral by the states
2
Which of the following would do most to help provide fair and unbiased hearings?
Make the laws simpler
Tax judges who allow injustice
Tell the judges not to be biased
Increase legal aid funding
3
One reform, allowing juries to participate in sentencing, would help because...
They could slake their bloodlust
The community would gain confidence in sentencing
Judges are too soft on criminals
Regular people have a good feel for sentencing consistency
4
Which of the following would help provide access to the legal system?
Legal education programs for new migrants
More complex procedures
Increased court costs
Free magic 8-balls for unrepresented parties
5
The role of VCAT is to provide...
A cheap, timely body to resolve civil disputes
Expert judgments on appeals
A more thorough process than the courts
A cheap, timely body to resolve criminal disputes
6
Which of the following can prevent "access to the legal system"?
The courts can hear a wide variety of matters
A range of dispute resolution venues and methods
Language and education difficulties
Opportunities to get free legal advice and assistance
7
The two major civil remedies are...
Apologies and arse-kickings
Damages and injunctions
Damages and conjunctions
Damaged disjunctions
8
A key case on the constitutional protection of rights was...
Brislan
Roach v Electoral Commissioner
The Tasmanian Dams case
Cockroach v Mortein
9
Which of these is NOT an option for parliament in responding to statutory interpretation?
It can ignore the decision
It can change the legislation to override the precedent
It can reverse the result in the case
It can change the legislation to codify the precedent
10
Areas of law that are not listed in the Constitution are called...
Austin Powers
Residual Powers
Exclusive Powers
Specific Powers
11
Which of these is NOT a strength of the adversary system?
The party with better legal representation is likely to win
The views of both parties can be fully explored
The parties have the power to run their own cases
The judge is impartial
12
Rank the dispute resolution methods from least formal and costly to most formal and costly
Mediation, Conciliation, Arbitration, Judicial Determination
Mediation, Arbitration, Conciliation, Judicial Determination
Mediation, Conciliation, Judicial Determination, Arbitration
Meditation, Conscription, Arbiblation, Judicial Deliniation
13
What happens when a referral of power is made by all the states?
A concurrent power becomes an exclusive power
A residual power becomes a specific power
An exclusive power becomes a concurrent power
A specific power becomes a residual power
14
Which of the following is NOT a criminal sanction used in Victoria?
Community Correction Order (CCO)
Imprisonment
Fine
Damages
15
The role of the Victorian Law Reform Commission is to...
Research, consult, and advise on changes to MCU head-canon
Draft legislation
Research, consult, and advise on changes to Victorian law
Resolve legal disputes
16
The opposite of bail is...
Holidaying in the glorious sunshine of Miami
Remand
Surety
Imprisonment
17
Which of these is NOT a strength of law-making through the courts?
The courts can focus on justice rather than politics
The doctrine of precedent creates consistency
The courts can fill in gaps left by legislation
The courts can only make laws when they have a case
18
Areas of law where ONLY the Commonwealth can make law are called..
Exclusive Powers
Residual Powers
Concurrent Powers
Specific Powers
19
The purpose of civil remedies is to...
Make sure P ends up better off than they would have been
Return P to the position they would have been in
Punish D
Keep the wheels churning and line the pockets of the lawyers
20
Which of these is NOT a way the courts can influence parliament to change legislation?
Complaining on Instagram
Obiter remarks
Weak sentences
Developing new areas of law
21
Structural protection is...
Arranging for a mid-date phone call in case it's going badly
Clearly stated in the Constitution
The heavy use of cross-bracing
Protections built into the structure of the Constitution
22
The Commonwealth Parliament is composed of...
House of Representatives, Legislative Council, Governor
House of Representatives, Senate, Governor
The Council of Elrond, the Fellowship, Gandalf
House of Representatives, Senate, Governor-General
23
What is the name of the pre-trial civil stage at which the parties exchange documents?
Colonisation
Exploration
Discovery
Search
24
The Victorian parliament is composed of...
House of Representatives, Senate, Governor
Jedi Council, Sith Lords, Jar Jar Binks
Legislative Assembly, Legislative Council, Governor
Legislative Assembly, Legislative Council, Governor-General
25
At what stage in jury selection are the ineligible and disqualified excluded?
The excusing stage
The challenge stage
The selection from the voting register stage
The questionnaire stage
26
Which of these is NOT an effective way to change laws
Demonstrations
Private arguments
Media campaigns
Petitions
27
A civil law dispute concerning $350,000 may be able to go to...
VCAT only
MC, CC or SC-TD
CC, or SC-TD
VCAT, CC, or SC-COA
28
Roach v Electoral Commissioner examined
Whether there is an implied right to paaaarty
Whether there is an implied right to political communication
Whether there is a constitutionally protected right to vote
Whether there is an implied right to listen to the radio
29
Another proposed reform, requiring juries to give reasons for their decisions, would help by...
Making sure their decisions follow the law
Making them work for their money
Making sure they were awake during trial
Making sure that the jurors can all read and write
30
Which of the following can prevent "fair & unbiased hearings"?
Legal representation is expensive
The judge is impartial
The party bringing the matter has the burden of proof
The rules of evidence restrict prejudicial evidence
31
One proposed alternative, having judges give all verdicts, would help because...
Juries often get it wrong
Judges dislike juries
Juries are not competent to decide these things
It would save time and money (especially with hung juries)
32
Representative government means
The government represents the people
The government represents big business
The government is a representative cross-section of society
It doesn't mean anything, it's just advertising lingo
33
One weakness of parliament as a law-making body is...
Law-making is its main job
It is elected, so it attuned to community values
It can't always foresee what may happen in the future
It can respond quickly when change is needed
34
Areas of law where ONLY the states can make laws are called...
Exclusive Powers
Residual Powers
Concurrent Powers
Specific Powers
35
Which of the following can prevent "timely resolution of disputes"?
The increased use of mediation
Court hierarchy to allow minor cases to be resolved quickly
Using juries
Using VCAT for civil cases
36
Responsible government means...
The government answers to Parliament
The government must not be irresponsible
The government answers to the courts
The government never drinks and drives
37
Legal representation is usually not required at VCAT because...
The VCAT Member takes sides
Civil law is simple
Lawyers don't understand civil law anyway
The formal rules of evidence don't apply
38
Why might bail be denied?
A refused to answer police questions
High risk A will offend while on bail or not attend court
A is charged with a minor offence
A doesn't have any money to offer to be granted bail
39
Which of these is NOT a way the Constitution protects rights?
Inferred rights
Express rights
Structural protections
Implied rights
40
Which of the following would help provide timely resolution of disputes?
Use juries in more cases
More complex procedures
Removal of limitations periods
Extended court hours
41
A precedent is persuasive when...
It comes from a higher court in the same hierarchy
It comes from a judge with a nice bum
It doesn't come from a higher court in the same hierachy
The judge thinks it makes a good point
42
The pre-trial stage at which the Prosecution must show it has a good case "on it's face" is...
The Committal Hearing
The Face/Off
The Bail Hearing
The Directions Hearing
43
Which purpose does imprisonment serve best?
Deterrence
Rehabilitation
Protection of the community
Denunciation
44
Which statement is NOT true?
The Magistrates' Court has inadequate car-parking
The County Court has no appellate jurisdictions
The Supreme Court (COA) had no original jurisdictions
The Magistrates' Court has no appellate jurisdictions
45
Areas of law listed in the Constitution (especially s.51) are called the...
Specific Powers
Residual Powers
Exclusive Powers
Concurrent Powers
46
Most Victorian courts have the four jurisdictions, true or false?
True
False
47
Which of these is NOT a strength of the jury system?
Takes some burden off judges
Can result in hung juries
A cross-section of the community is represented
The community feels involved in the system
48
Referenda are powerful because...
They only pass when they are approved by all the states
They can change the actual words of the Constitution
They pass easily
They require a double majority of Swiftians and Biebers
49
Which adult citizens are ineligible for jury service?
Current/recent lawyers, football players
Criminal offenders
Postmen
Current/recent lawyers, people incapable of doing the job
50
Which of these is a High Court case concerning the division of law-making powers?
Tasmanian Devil
Brisbane
Brislane
Tasmanian Dams
51
What was the result in the Tasmanian Dams case?
The HC put on its greeny hat and crushed states' rights
The HC expanded the definition of the foreign affairs power
The HC ruled that dams ruin rivers
The HC ruled that dams are a specific power
52
When talking referenda, a double majority requires a majority of votes...
Overall and in at least 3 states
From The Merciless Ming and his Diabolical Council
Overall and in all states
Overall and in at least 4 states
53
Which of the following is NOT a proposed reform to the adversary system?
Allow judges to ask more questions to bring out key evidence
Allow greater use of written statements
Increase availability of legal aid
Allow judges to take sides
54
s.109 is relevant when...
There is inconsistency in state & Cth law in concurrent law
A state law is consistent with a Commonwealth law
A state law is inconsistent with an invalid Cth law
You have to do a bloody legal studies exam
55
How is the role of the jury different in civil v criminal cases?
Criminal - verdict; Civil - verdict and damages
Criminal - verdict, Civil - damages
There's no difference
Criminal - verdict and sentence, Civil - verdict
56
Which of the following is NOT a weakness of the jury system?
Jury trails are more expensive
Judges tend to agree with jury verdicts
The jury must concentrate for long periods
Evidence can be difficult for jurors to understand
57
How does a referral of power work?
An member of the X-Men refers his or her powers to Rogue
A state refers a specific power to the Cth
A state refers one of its residual powers to the Cth
All states refer their residual powers to the Cth
58
If you need further help for your legal studies exam, you can...
Do practice exams
Use Edrolo
Email me or arrange to come and see me
Access resources on VCAA website
59
A big difference in constitutional rights protections between Australia and South Africa is...
South Africa has a Bill of Rights
South Africa have less express rights
Australia has more implied and structural rights
Australia has more express rights
60
When is a precedent binding?
When it comes from a higher court in any hierarchy
When it comes from a lower court in the same hierarchy
When it comes with rope
When it comes from a higher court in the same hierarchy
61
The result of the Brislan case was?
The HC ruled that radios weren't covered by a specific power
The HC ruled that radios were covered by a specific power
The HC rule that radios were covered by a residual power
The HC ruled the radio with a hit song about specific powers
62
Reasons for the court hierarchy include...
Allows precedent to operate, specialisation, gift bags
Allows precedent to operate, decisions can be political
Makes seating arrangements clear at justice system picnics
Allows precedent to operate, specialisation, appeals
63
Which of these is NOT a purpose of the pre-trial civil stage of directions hearings?
To allow the judge to dismiss the case
To set a date for trial that suits the court and the parties
To push progress in the case and give orders to advance it
To rule on admissibility of evidence
64
The court hierarchy in Victoria from lowest to highest is...
MC, CC, SC(Trial), SC(COA)
CC, MC, M&M,TW
MC, CC, SC(COA), SC(Trial)
MC, SC(Trial), SC(COA), CC
65
Which of the following is NOT a part of civil pleadings?
Injunction
Discovery of Documents
Statement of Defence
Writ & statement of claim
66
You will need to go to court rather than VCAT if your dispute..
Requires a binding decision
Concerns a large sum of money
Requires calling witnesses
Is a criminal matter
67
Which of these is NOT a reason laws need to change
Changes in community values
Changes in who is in government
Changes in technology
Changes in awareness of need to protect rights
68
What is a precedent?
A decision from a previous case
A decision from a future case
The same as legislation
When previous dent
69
How many referenda have passed in Australia's history?
10/15
8/12
16/44
8/44
70
What's the term for a person let off jury service because it would be a hardship?
Disqualified
Challenged
Incompetant
Excused
71
Express rights are...
Found in the subtext of the Constitution
Found by the High Court
Quickly delivered
Clearly stated in the Constitution
72
Implied rights are...
Just assumed by everyone
Obvious
Read into the Constitution by the High Court
Clearly stated in the Constitution
73
Which of these is NOT an example of a structural protection?
Responsible Government
Freedom of Religion
Separation of Powers
Representative Government
74
Which purpose does a CCO serve best?
Protection of the Community
Punishment
Deterrence
Rehabilitation
75
Which of these is NOT an effect of statutory interpretation?
The legislation is narrowed or broadened
A precedent is created
The legislation is given effect
The words of the legislation are changed
76
Which of these is NOT relevant to the Separation of Powers?
Residual Power
Judicial Power
Legislative Power
Executive Power
77
Statutory interpretation is required when...
It's unclear how the legislation applies to the current case
Explaining legislation to someone from an EAL background
Parliament is considering a bill
The governor is considering royal assent
78
The elements of an effective legal system can be summed up with the following acronym...
F.A.T.
L.A.R.D.
F.A.R.T.
F.A.D.
79
Which of the following is NOT a strength of the Inquisitorial System
The goal of the judge is to find the truth
The parties don't have control of their case
The judge can be active in collecting evidence
A party with no legal representation is less disadvantaged
80
One strength of parliament as a law-making body is...
It is always sitting
Bills that pass one house will pass the other house easily
It can make laws in a great range of areas
Laws are simple and easy to draft
81
The High Court in Roach concluded that there's a right to vote, but...
You can lose the right if you wear stripes with plaid
You don't have that right if you are a woman
You can lose the right if you commit a serious crime
You can't lose that right no matter what

Mrs Thorpe's VCE Legal Studies Quiz 2017 Flashcards | StudBud