VCE Legal Studies Unit 1 Exam

Define social cohesion.

The willingness of members of society to cooperate with one another in order to survive and prosper.

List five benefits of social cohesion.

Sense of belonging, sense of worth, social justice and equality, political participation and acceptance.

How can individuals achieve social cohesion?

By being aware of laws and abiding by them, respecting human rights, assisting police and reporting crime and using the legal system to seek justice.

What are the three principles of justice in the legal system?

Fairness, equality and access.

What are the characteristics of an effective law?

An effective law must reflect society's values, be enforceable, be known, be clear and understood and be stable.

Define the presumption of innocence.

The right of a person accused of a crime to be presumed not guilty unless proven otherwise.

Define the standard of proof.

The degree or extent to which a case must be proven in court (beyond reasonable doubt).

Define the burden of proof.

The obligation of a party to prove a case.

Distinguish between 'actus reus' and 'mens rea'.

Actus reus is the physical element of a crime, whereas mens rea is the mental element.

What does the Latin term 'doli incapax' mean?

The term 'doli incapax' means 'incapable of evil'.

Can a person under 10 years of age be charged with a crime?

No.

When can a child aged 10-13 years of age be charged with a crime?

A child aged 10-13 years of age can be charged with a crime if the prosecution can prove they knew their actions were wrong at the time (essentially proving mens rea). Children aged 14 years or older can be charged with a crime.

What are summary offences? Give an example.

Summary offences are minor criminal offences generally heard in the Magistrates Court. An example of summary offence could be drink driving.

What are indictable offences? Give an example.

Indictable offences are serious criminal offences generally head by a judge (and a jury if the accused pleads guilty) in the County Court or Supreme Court of Victoria. An example of an indictable offence could be rape.

List the seven general defences to a crime.

Self defence, automatism, mental impairment, intoxication, duress, accident and sudden or extraordinary emergency.

What is duress?

When there is an extremely serious physical threat to the accused which compelled them to perform acts that they would not perform willingly.

Define the offence of culpable driving causing death.

The act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner or while under the influence of drugs or alcohol.

What are the three elements that must be proven for a person to be found guilty of culpable driving causing death?

The accused was a driver of a motor vehicle, their driving was culpable and their driving caused the death of another person.

List two defences specifically for culpable driving causing death.

They were not driving the vehicle and their driving was not culpable.

List three general defences for culpable driving causing death.

Duress, sudden or extraordinary emergency and automatism.

Who is impacted by culpable driving causing death?

The victim (and their family and friends), the community and the offender.

What is criminal law?

An area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them.

What is civil law?

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.

What are the three principles of justice?

Fairness, equality and access.

Explain the principle of justice fairness.

Fairness means all people can participate in the justice system and its processes should be impartial and open.

Explain the principle of justice equality.

Equality means all people should be treated in the same way, but if this treatment creates disadvantage, measures should be taken to ensure all can engage with the justice system.

Explain the principle of justice access.

Access means all people should be able to engage with the justice system and its processes on an informed basis.

List the five characteristics of an effective law.

For a law to be effective, it must reflect society's values, be enforceable, be known, understood and stable.

List Victoria's different courts in order of their power.

The High Court of Australia, the Supreme Court of Victoria (Court of Appeal), the Supreme Court of Victoria (Trial Division), the County Court of Victoria and the Magistrates Court of Victoria.

Explain the doctrine of precedent.

The rule that a legal principle that has been established by a superior court should be followed in other similar cases by that court and other courts.

What is common law?

Law made by judges through decisions made in cases. Also known as judge-made law.

What is statutory interpretation?

The process by which judges give meaning to words or phrases in an Act of Parliament.

What is a precedent?

A principle established in a legal case that should be followed by courts in later cases where material facts are similar.

Define the process of codification of common law.

When parliament passes an Act of Parliament that reinforces a principle established by the courts.

Define the process of abrogation of common law.

When parliament passes an Act of Parliament to intentionally change or override a principle set forth by the courts.

What is the purpose of criminal law?

To protect society and to sanction offenders who have committed a crime.

What is the purpose of civil law?

To regulate the conduct between parties to a dispute, and to remedy a wrong that has occurred.

Define strict liability.

Where responsibility for committing a crime can be established without having to prove there was mens rea.

Distinguish between crimes against property and crimes against person.

Crimes against property involve the unlawful interference with someone's possessions, while crimes against persons involve harm or threat to an individual's physical or psychological wellbeing.

Define the legal term bias.

A prejudice in relation to one person or group.

Define cross examination.

The questioning of a witness called by the other side in a legal case.

Define Victorian Legal Aid.

A government agency that provides free legal advice to all members of the community and low-cost or no-cost representation to people who cannot afford a lawyer.

Reasons for the court hierarchy.

Specialisation and expertise, convenience and allows parties to lodge appeal.

One example of civil law.

Tort law (defamation, trespass), contract law and consumer law.

What are the three features to fairness?

Impartial processes, open processes and participation.