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1. "Nathan commences proceedings in the Magistrates' Court against his employer and is seeking $90,000 in damages."
a) Describe one purpose of damages. 2 marks.
b) Explain one reason why there is a court hierarchy in Victoria. 3 marks.
c) 'There are Victorian courts, other than the Magistrates' Court, that have original jurisdiction to hear this dispute between Nathan and his employer.' Why is this statement correct? 2 marks.
2. Explain the principles of representative government and responsible government. 3 marks.
3. "A referendum proposal was voted on by the electors of Australia. Fifty-six per cent of all voters in Australia voted in favour of the proposal and the majority of voters in all states, except Victoria, Tasmania and New South Wales, voted in favour of the proposal." Was the referendum passed? Justify your answer. 3 marks.
4. Explain the extent to which Australia's constitutional approach to the protection of rights is the same as that of one of the following countries: Canada, New Zealand, South Africa or the United States of America. 4 marks.
5. Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures. 4 marks.
6. Compare the role of a criminal jury with that of a civil jury. 5 marks.
7. "Sam, 23, has prior convictions and drug and alcohol addictions. Sam has been charged with three indictable offences, including armed robbery. The prosecution alleges that Sam was in possession of high-heeled shoes when committing the armed robbery and, therefore, possessed an 'offensive weapon' within the meaning of the Crimes Act 1958 (Vic).
Sam meets with lawyers at their office and is advised that there is no precedent for whether high-heeled shoes are an 'offensive weapon.'
a) Outline one purpose of bail. Refer to Sam's case in your answer. 2 marks.
b) Describe the law-making process that the court will use to determine whether Sam possessed an offensive weapon within the meaning of the statute. 3 marks.
c) Provide one sanction that may be imposed if Sam is found guilty and discuss the ability of that sanction to achieve its purposes. 5 marks.
8. Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law. 5 marks.
9. "A bill has been introduced into the Commonwealth Parliament to amend an existing law."
a) Describe one reason why a law may need to change. 2 marks.
b) Discuss the law-making role of the Commonwealth Parliament. 5 marks.
10. Evaluate the extent to which the Commonwealth Constitution protects the rights of Australians through implied rights. 6 marks.
11. 'Mediation is a better way to resolve disputes than a more formal method such as arbitration.' Discuss this statement. 6 marks.
12. 'Judges can resolve disputes effectively because the adversary system of trial and the operation of the doctrine of precedent work well.' Discuss the extent to which you agree or disagree with this statement. 10 marks.
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Topic: 2016 LEGAL STUDIES EXAM QUESTIONS (Read 2849 times)