U3 AOS 1
This legal concept means an accused person is considered not guilty unless the prosecution proves their guilt.
Presumption of innocence
In a Victorian civil dispute, who generally carries the burden of proof and what standard of proof applies?
Plaintiff; balance of probabilities.
This section of the Australian Constitution provides that Commonwealth law prevails over an inconsistent state law.
Section 109
Name ONE way an individual or group can attempt to influence law reform without directly becoming a member of Parliament.
Acceptable:
The prosecution carries this legal responsibility, while the standard they must satisfy is this.
Burden of proof = prosecution; standard of proof = beyond reasonable doubt.
A dispute involves a consumer who believes a business has breached its obligations. Name ONE institution that could assist in resolving the dispute without commencing a court proceeding and explain why it may be appropriate.
Acceptable: Consumer Affairs Victoria, VCAT or courts, depending on the circumstances.
Name the three types of law-making powers allocated between the Commonwealth and states, and identify which powers belong exclusively to the Commonwealth.
Exclusive, concurrent and residual powers.
This Victorian body investigates areas of law and makes recommendations for reform, but Parliament is not legally required to implement its recommendations.
Victorian Law Reform Commission (VLRC).
It investigates areas of Victorian law and provides recommendations for reform. Its recommendations can influence Parliament, but Parliament is not required to adopt them.
A victim is extremely distressed about giving evidence in the courtroom and is permitted to give evidence from another location using technology. Identify the victim's right and explain how it can promote fairness.
Right to give evidence using alternative arrangements.
Possible fairness link:
A neighbour wants to resolve a dispute quickly and privately. An independent third party assists them to communicate and reach their own agreement but cannot impose a decision. Identify the method and explain why it may be appropriate.
Mediation.
A Victorian court interprets an unclear word in legislation and gives it a particular meaning that affects the outcome of a case. Identify the process occurring and explain ONE reason it is necessary.
Statutory interpretation.
Reasons include:
Explain TWO ways the media, including social media, can influence law reform.
Media/social media can:
Students should ideally explain how rather than simply list two methods.
A person is charged with a serious indictable offence. Their lawyer negotiates with the prosecution and the accused agrees to plead guilty to a less serious charge. Identify this process and explain TWO purposes it may serve.
Plea negotiations.
Purposes include:
A large number of consumers have suffered similar financial losses because of the same company's conduct. Explain why a class action may be more appropriate than each individual bringing a separate civil claim.
Class action.
Acceptable points:
A lower Victorian court is faced with a previous decision from a higher court in the same hierarchy. Explain how the doctrine of precedent affects the lower court's ability to decide the case.
Binding precedent.
A lower court is generally bound to follow the legal principle established by a higher court in the same hierarchy when the material facts are sufficiently similar. This promotes consistency, predictability and fairness.
A proposed constitutional amendment receives a majority of votes nationally but does not receive a majority of votes in a majority of states. Has the referendum succeeded? Explain.
No.
A referendum requires a double majority:
A first-time offender receives a community correction order rather than imprisonment. The judge states that the sentence is intended to address the offender's behaviour while also holding them accountable. Identify TWO purposes of sanctions demonstrated here and explain why a CCO may be more appropriate than imprisonment in these circumstances.
Rehabilitation + punishment are strong answers.
A CCO may be appropriate because it can hold the offender accountable while allowing them to undertake rehabilitative programs and remain in the community. Imprisonment may be less appropriate where the offender presents a lower risk and rehabilitation is more likely to reduce reoffending.
A plaintiff wins a civil case but the defendant refuses to comply with the court's decision. Explain why this demonstrates that winning a case does not necessarily guarantee access to justice. Refer to ONE relevant factor a plaintiff should consider before commencing proceedings.
Enforcement issues.
A plaintiff may obtain a favourable judgment but still face difficulty enforcing it if the defendant cannot or will not comply. This demonstrates that access to justice involves more than simply being able to commence proceedings. Before commencing proceedings, the plaintiff should consider whether the likely remedy can actually be enforced, as well as costs and limitation periods.
A proposed Commonwealth law is challenged in the High Court on the basis that it interferes with the representative nature of Parliament. Explain how sections 7 and 24 of the Constitution can act as a check on Parliament's law-making powers.
Sections 7 and 24.
Compare the 1967 referendum concerning First Nations people with the 2023 Voice referendum. What does the different outcome of these referendums demonstrate about the factors affecting referendum success?
Strong response should recognise that referendum success is affected by multiple factors.
The 1967 referendum was successful, receiving overwhelming support, while the 2023 Voice referendum was unsuccessful. This demonstrates that public support is crucial and can be influenced by factors such as:
A particularly strong answer would recognise that a referendum requires voters to approve constitutional change, meaning Parliament alone cannot determine the outcome.