VCE Legal unit 3/4 2019 - summarised exam notes PDF

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Exam notes summarising content of VCE legal unit 3/4, with some past & practice exam questions & solutions...

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Knowledge Gaps Useful Tip - If u can write something out in 1 sentence, don't, write it out in 3 sentence instead Section A Roles of the VLRC The burden of proof in a criminal case lies on the PROSECUTION NOT THE FUCKING POLICE Discuss one responsibility of the jury Has to listen carefully and consider all evidence presented by both parties Strength: - Upholds fairness - Jury considers evidence from both sides when determining the verdict - Fairness= procedures are followed correctly - bases decision on facts presented only, nothing else

Weakness - Time consuming and delays--> unfair for defendant CAV- Factors to consider Discuss the extent to which using CAV for resolving a civil dispute could achieve the principle of access - CAV is free ○ Access for people of all socioeconomic backgrounds - Ensure fairness by allowing both parties equal opportunity to present their case and refute opposition's argument - Conciliation: both parties get to decide on the outcome, parties are more likely to be satisfied with the outcome than having it decided by a third party - Less time consuming as there are no complicated pre-trial procedures, people are more willing to concoiliate than go to court --> access - Not all claims can be resolved in CAV, there are criteria. including: claim is not trivial, the dispute is within the jurisdiction of CAV, and the person lodging the complaint must have first attempted to settle the issue ○ Limits access to civil justice system - Absence of strict rules can limit assess for those who are unable to manage their own case where parties shave to present their case unassisted - Cannot force an unwilling party to conciliate, which means if one party is unwilling to conciliate, even if conciliation is a suitable resolution method, CAV cannot be accessed - CAV cannot enforce the final decision, making it a non-binding form of dispute resolution, so nothing is guaranteed and the conflict may continue even after conciliation T k i bi di h i ld d i f l

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To make it binding, the parties would need to enter into a formal agreement

Question 5) Discuss and justify the appropriateness of 4.4 p92 sentence indications (6-4) Basically list factors to be considered… Let accused know if they plead guilty, what their likely sanction will be (custodial or noncustodial) Appropriateness part 1. Whether the accused has applied for one, if its an indictable offence, whether the prosecution consents to it 2. whether there is enough information for the judge/magistrate to make an indication? E.g. victim impact statement, it may not be appropriate. 3. Nature of offence should be considered ○ Sex offence cases are inappropriate for sentence indications --> more appropriate for drug/fraud Discussion and justify part 1. Encourage accused to plead guilty, saving time, resources for the court and trauma for victim(bring early closure for victim and families). 2. However, offences heard in the Supreme court are very severe and would likely receive a custodial sentence if found guilty, so sentence indications would be More likely to be appropriate in Magistrates/County Court. 3. Some victims may wish to go through a full trial as a way of feeling justice is being served, sentence indications which may prompt guilty plea can be inappropriate as it takes away this right from the victim. However this is a rare scenario and in indictable offences the prosecution must consent to the sentence indication Question 6) Evaluate the extent to which the bicameral system acts as a check on Parliament in lawmaking (6-4) - Success: (You need to elaborate on the success part better, the however parts are okay) Summary of "success": A bicameral parliament -> debate over the purpose of the bill in both houses, bill is analyzed and amendments are made--> Hostile Senate--> Government needs support of opposition and independents, so they will negotiate with them --> Hostile senate will likely act as a house of review --> thus more thoroughly analyzed = check on parliament Enhances representative nature of Senate as a broader range of ideas are reflected in the legislation by different parties, not just the government --> checks on lawmaking by ensuring that Parliament is able to reflect the interests of a wider range of people Hostile senate (upper house), senate will more likely act as a house of review--> debate over the purpose of the bill in both houses, amendments are more likely to occur in the Senate if there is a hostile senate § Government must negotiate with minor parties/independents = more thorough analysis of the bill § More scrutiny, criticism and encourage debate from opposition □ Thus, a broader range of ideas and opinions are reflected in the legislation, enhancing the representative nature of the Senate However a hostile senate could block government bills that are good and

However, a hostile senate could block government bills that are good and beneficial for the country in order to decrease voter support for the government's party ○ The checks and scrutiny from senate is no longer in the interest for the people and only for political gain However, rubber stamp government where government controls both houses and bills pass as the members just vote along party lines --> no scrutiny and proper review Question 7) (a fucking 10 marker and you got 4 u fucking whore) ‘Judges are always conservative when faced with the opportunity to develop important legal principles. In contrast, law reform through the parliament has been much more important in meeting the needs of a modern Australia,’ Discuss the above statement with reference to ONE parliamentary committee or ONE royal commission. - Start with do you agree or disagree and to what extent - So the quote has 2 sentences. So yes, address both sentences. Part 1: Address the judicial conservatism and activism (hypothetical 5 marker) p453 - Judicial conservatism: adopts a narrow interpretation of the law. Avoid decisions that would cause major or controversial changes in the law. They believe changing the law to match current societal views is left to the parliament, the supreme law making body. - Judicial activism: Judges consider a range of political and social factors when interpreting Acts and deciding cases. They consider the current political beliefs and social values of the community, often to recognize on rights of people. Therefore, these judges often interpret the law broadly, expanding the meaning beyond the original intention of the parliament to try and influence a change in the law. Part 2: Comparing relationship between parliament and court (13.10 p 464) "parliament has been much more important in meeting the needs of a modern Australia" - Courts can influence the parliament, however, Parliament is the supreme law making body, the parliament can codify or abrogate common law set by judges/court The primary role of courts is to settle disputes, lawmaking is the courts secondary role, and is left primarily to the parliament. ○ Parliament has some limitations: jurisdictional limits and hostile upper house - Court is limited as law makers due to the doctrine of precedent the courts must follow ○ Lower courts must follow a binding precedent even if it is outdated or inappropriate = limits lawmaking ○ Identifying legal precedents can be timing and costly as they are many of them --> people with standing may not have the resources to take a case to court = limits lawmaking of courts - Development of common law is flexible. ○ Judges in superior courts can overrule or reverse precedents ○ Lower court judges can distinguish material facts and avoid precedents § The law remains relevant and appropriate § However, conservative judges may be reluctant to change an

existing precedent and prefer the parliament to abrogate it Statutory Interpretation - Clarify unclear legislations, vague terms or words with double meaning to apply to specific cases before the court - As judges can only interpret legislation when a case is brought before them, they cannot do it automatically. Which is limiting as some parties may not have the resources or standing to do so, limiting the ability of court to make laws. Part 3: one parliamentary committee 14.7 p506 Unlike the court, the parliament has more resources and time to investigate an issue before changing the law. --> parliamentary committee - A select committee made up of parliamentary members from different parties to investigate on an issue, so that a wide range of opinions are considered. - Consult with individuals, experts, organizations and groups to investigate a wide range of community views - Accept submissions from community - Give most appropriate recommendations for law reform The parliamentary committee was used to investigate a same sex marriage issue, investigating the views of religious bodies and ministers of religion in terms of conducting same sex marriages. They recommended that ministers have the option to choose not to marry same sex couples. Section B MUST EXPAIN THE QUOTE Question 1) American statesman, John Adams, once said, “Power must never be trusted without a check”. Explain how the separation of powers places a check on law-making in Australia. (3-1) The constitution has checking mechanisms to prevent abuse of power by the government. - Three arms of government - executive(government and cabinet), legislature(parliament) and judiciary(High Court) remain separate - The high court can hear challenges against executive and legislature that may involve interference with rights - separation between law makers(legislature) and those who enforce the law(judicial). Ensures no one arm holds absolute power and control, prevents corruption and abuse of power - Our rights are protected as Legislature and Executive cannot interfere with the judiciary. - Executive can be scrutinized by the legislature, check on lawmaking and refuse to pass inappropriate laws - The judiciary is independent of the other 2 arms, allowing a case with commonwealth as a party to be heard in the High Court --> parliament's law making powers are kept in check Separation of powers is entrenched in the constitution, abolishing it would require a referendum which is hard.

Question 2) Pippa began gambling at her local ‘pokies’ venue, and she lost a large amount of money that had been set aside to buy a new car. She was introduced to gambling by her friend, ‘Thommo’, who had a significant influence over Pippa, who is aged 21. In an effort to recoup her losses, Pippa began stealing expensive items from department stores and then selling them at her local hotel. In total, she stole $17,000 in goods before she was apprehended by police. Pippa’s lawyer, Julia, advises Pippa to plead guilty to the charges and seek a community correction order (CCO). A)

Outline 2 core conditions attached to a community correction order 4.10 p123 (U GOT 0 MARKS out OF 2 because u listed special conditions not core conditions) Core conditions of CCO --> ALL offenders would need to comply to these conditions 1. Pippa does not commit another offence punishable by imprisonment during the term of order 2. Pippa reports to a community corrections officer at least twice each week 3. Pippa does not leave Victoria unless given permission 4. Notify officer if they change address Special conditions are fancier stuff that’s SPECIFIC to Pippa's situation, like not gambling, having a curfew, community work/rehab/cutting off contact with certain people. B) Justify the proposition that CCOs work effectively to satisfy the objective of rehabilitation of offenders (3 - 1 mark) Need to link more specifically to Pippa's case and justify things more. JUSTIFY = only need to present arguments in favour of the proposition - CCO can address underlying reasons for the commission of her crime. - One purpose of sanction is to rehabilitate the offender, which is to address underlying reasons for their behaviour, in this case it is a gambling addiction. - The CCO could set specific conditions like participate in skills training to help her find a job --> able to be a part of the community - Ban her from entering places like gambling venues or contacting people like her friend Thommo who has a bad influence on her Question 3 (6-4 marks) You need to explain the error… state the correct one AND mention why its wrong. MENTION THE ERROR PART MAKE SUREEEEE PLSso…t im sure ure fine though coulda have gotten full marks here. 1. The external affairs power allow Commonwealth to make laws in area where an international has been signed (Correct) 2. (the error) not in "any area of its choosing", so this is incorrect. Question 4)

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B) 1.

2. 3. C)

2-1 mark

Link back to case(must indicate u use extra space lol) tbh u wrote too much just remember the sample answer MENTION THE FUCKING LOBBY GROUP U DUMB FUCK Explain petition/demonstration and --> influence law reform ALWAYS LINK BACK TO STIMULUS Mention that petitions must gain lots of signatures to have maximum influence The lobby group ARF could use a petition to attract attention to its core arguments. To have maximum influence, the petition would need lots of signatures to put pressure on parliament, the petition, once handed in to member of parliament would be tabled in parliament would could gave support of parliament and influence a law reform. Outline 2 reasons for statutory interpretation (2-1) New situation has arisen, like in Folau's case, the courts is required to interpret the legislation to decide whether this was a breach of workplace and employee's rights or not Interpret Vague terminology to suit a specific case --> whether Folau's screenshot of a meme is considered a political opinion / religion Some legislation involving technology may be outdated when scientific advancement is occurring rapidly Bitch u got 0 marks out of 3

freedom of rieligion is AN EXPRESS RIGHT 10.8 p 340, there are 5 of em However freedom of religion is states that the commonwealth cannot legislate laws that prevent people from exercising their religion or impose religious observance/religion as a criteria for employment with public service(basically to control the commonwealth lawmaking power. - Therefore ,Folau's case only links to statute law Fair Act and not freedom of religion at all. - Because Folau's case does not involve a legislation by the Commonwealth so the Section 116 of the constitution would not fucking apply Some sexy express rights: :) 1. Right to freedom of religion 2. Right to free interstate trade and commerce 3. Right to receive just terms when property is acquired by commonwealth 4. Right to trial by jury 5. Right not to be discriminated by where u reside SO religion, trade, getting em property, jury trial, discrimination

4-2 marks - You did not explain "the extent" --> aka. the limitations - You didn't link to the stimulus Codify a common law Abrogate a common law IMPORTANT: Whether any decision of the High Court becomes a ‘permanent part of the law’. --> This would not occur in the Folau case because the matter does not involve interpretation of the Australian Constitution.

ALWAYS MENTION WHEN ASKED TO COMPARE COMMONWEALTH AND COURT that

ALWAYS MENTION WHEN ASKED TO COMPARE COMMONWEALTH AND COURT that commonwealth is the supreme lawmaker Explain TWO factors that the plaintiff would need to consider before commencing this action. (4-3 marks) AOS 3.2 Stress --> disadvantage Folau when presenting the case as he is not in the best state of mind, inequality Don’t always assume the defendant cant afford the money lol Cost --> affect him negatively financially and can drain his savings/resources Discuss the use of conciliation and comment on its appropriateness (5-4marks) As conciliation didn't work for their case, it indicates lack of cooperation between Folau and fair work commission, or the case was too complex for conciliation D) Ability of damages to achieve its purposes Damages -> money given from defendant to plaintiff to compensate for the loss they suffered and restore them back to the position before the harm occured Again, link back to Folau's case and mention that he may have suffered emotionally from losing his dreams as being a rugby player --> general damges.

2018 VCAA Exam 1 Outline one responsibility of a jury - One responsibility of a jury in a criminal trial is to deliver a verdict. After taking part in jurydeliberations, the jury must decide whether an accused is not guilty or guilty beyond reasonabledoubt for an offence, based on the facts on the case and not on personal biases. 2 Kai is in a dispute with his landlord. The landlord refuses to repair the pipes in the bathroom and has declined Kai’s requests to meet to resolve the matter. Kai has been advised that Consumer Affairs Victoria (CAV) is the most appropriate body to resolve this dispute. Explain one reason why CAV may not be the most appropriate body to resolve this dispute. - CAV uses mainly conciliation. And CAV cannot force unwilling individuals to undertake conciliation, the landlord refusal to repair pipes and Kai's request to meet shows lack of cooperation so the landlord is unlikely to attend conciliation. - CAV also cannot make binding decisions 3 Describe the relationship between international treaties and the external affairs power. - International treaties are agreements signed by Australia with other countries - External Affair powers gives the Commonwealth power to make laws in areas covered by the international treaty, even if it is an area of residual power - Treaties affect external powers by broadening its meaning - It restricts the power of the states and extends power of the Commonwealth. 4a Identify 2 rights of victims - Right to give evidence as a vulnerable witness - Right to be informed likely release date of offender

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Right to give a victim impat statement

4b How the rights in part a uphold principle of access

Why is it important for (name) Malcolm to seek legal advice and how will the VLA assist him? Reference one principle of justice (2 components to this question yahh) - Ensure fairness is achieved 1. He is informed about the proceedings 2. understands charges and basic evidence against him 3. Aware of his legal rights to receive a fair hearing 4. Prepare and presents his case in the best possible manner VLA 1.

2.

Provide Malcolm with legal aid(information/access portion) as he thinks he "cannot afford legal representation" a. Free legal information on VLA's website b. Legal advice given in person or via the phone Free or low cost legal representation if he meets the strict eligibility criteria a. Understand his legal rights and the complex criminal processes b. Malcolm has fair hearing and trial, helping him present his case in the best possible manner, e.g. cross examination c. Provided with legal advice if he wishes to pursue an appeal if reasonable grounds exist d. However, lack of funding, VLA services are limited and criteria for legal representation are very strict e. Over demand for its service, VLA's in person advice is only given to people the most in need, like people who are homeless, disabled or cannot afford a lawyer

Ensure access is achieved Malcolm "knows very little about the legal system", he will need legal advice to understand his legal right and proceedings 2. Informed about basic legal rights, like the right to silence 3. Complex procedures like rules of evidence he will need to follow 4. Informed about available legal assistance, like the VLA Important because uninformed accused are likely to be at a disadvantage against the well resources and experienced prosecution. 1.

Victorian Court hierarchy CRIMINAL CASE 1. Allow for appeals a. Allow a system of appeals to operate, if Malcolm is dissatisfied with out outcome, he has the right to appeal to a higher court and have his case reviewed by more superior judges b. Appeals would not be possible if there was no court hierarchy 2. Specialization a. E.g. Malcolm's case would be heard in the County court which specialises in indictable offences b. Judge would become an expert in hearing and determining indictable offe<...