2014 Legal Studies: Unit Four: Sac Two Holiday Homework

The next sac is 60% of Unit Four. It will cover the next 6 chapters. Look over the SAC key knowledge and key skills.

The questions to complete will help with your level of understanding and also some are great practise SAC and practise exam type questions. Do your best and work well.

The text book has the “eBook” feature where you can explore the “eBookplus” links for further information. You know I love StudyOn – there are great PowerPoints and interactive tasks.

Keep a list of questions you want to ask me in term three. We will go over these when we return to school.

Chapter Six: The elements of an effective legal system

6.1 The Adversary system of trial aims to achieve a fair and unbiased decision.

1) Read pages 230 - 2342) Answer questions 1 – 3 on page 234

6.2 The jury system and court processes and procedures aim to achieve a fair and unbiased hearing

3) Read pages 235 - 2384) Answer questions 1 – 3 on page 238

6.3 Access to the courts is vital for an effective legal system

5) Read pages 241 – 2446) Answer questions 1 – 4 on page 244

6.4 Tribunals like VCAT increase access to the legal system

7) Read pages 245 – 2488) Answer questions 1 – 4 on page 248

6.5 An effective legal system resolves disputes in a timely manner

9) Read pages 249 – 25110) Answer questions 1 - 5 on page 251

SKILL DRILL: - it’s great….. it’s fun……complete this briefly or in detail

Key knowledge

This knowledge includes:• the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes (you will need to know long versions and short version of all three elements).

Chapter Seven: The Adversary System

7.1 The adversary system: role of the parties and the judge

11) Read pages 260 – 26412) Sac notes;

a) explain the role of the parties in paragraph one- the strength of this feature- a weakness of this featureb) explain the role of the judge- the strength of this feature- a weakness of this feature

7.2 The adversary system: strict rules of evidence and procedure

13) Read pages 265 – 26814) Answer question 2 and 3 on page 26815) Sac notes:

a) explain the strict rules of evidence and procedure- a strength of this feature- a weakness of this feature

7.3 The adversary system: the need for legal representatives and burden and standard of proof

16) Read pages 269 – 271

17) Answer questions 1 - 5 on page 188 (isn’t question 5 an excellent “sac type” question?

18) Sac notes: a) explain the need for legal representation / separate paragraph – the burden and standard of proof

19) Critically evaluate three strengths of the Adversary System of trial (page 271)

7.4 The adversary system: achieving the elements of an effective legal system

20) Read pages 272 – 27321) StudyOn – watch the powepoint (page 272)

22) Answer questions 1 - 5 on page 273

7.5 The inquisitorial system

23) Read pages 276 - 27924) Study On – Interactivity on page 278 and 279

25) Answer questions 1 - 6 on page 279 (questions 1 – 3 sac notes)

7.6 Possible reforms to the adversary system

26) Read pages 280 – 28327) Sac notes – question one/five28) Practise question Choose two specific weakness in the adversary system and

two reforms that could address and improve these weaknesses.

SAC NOTES:

• major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation• strengths and weaknesses of the adversary system of trial• major features of the inquisitorial system of trial• possible reforms to the adversary system of trial

Chapter Eight: Criminal procedures

8.1 An introduction to criminal pre-trial procedures

29) Read pages 294 – 29630) Answer questions 1 - 5 on page 296

8.2 An overview of criminal pre-trial procedures and their purpose

31) Read pages 297 – 298

32) Answer questions 1 - 4 on page 298

8.3 Criminal pre-trial procedures: bail and remand

33) Read pages 299 – 30134) Answer questions 1 - 7 on page 301

NB: Bail and remand is a question that appears on the exam quite often. Make sure you ask me questions on this.

8.4 Criminal pre-trial procedures: committal hearings

35) Read pages 302 – 30436) Answer questions 1 - 4 on page 304

8.5 The general purposes of criminal sanctions

37) Read pages 305 – 30838) Answer questions 1 - 2 on page 308

8.6 An overview of sanctions: imprisonment

39) Read pages 309 – 31140) Answer questions 1 – 5 on page 311

Extend your knowledge

41) Read pages 312 – 31442) Answer questions 1 – 3 page 314

8.7 An overview of sanctions: suspended sentences

43) Read pages 315 – 31644) Answer questions 1 – 3, 5 and 6 on page 316

8.8 An overview of sanctions: community correction orders

45) Read pages 317 – 32046) Sa

c notes: explain what these are.

You need to know an overview of three types of sanctions and their specific purpose. If you choose this, you need to fully explain CCO’s. Otherwise, as it is very long, maybe choose a different type of sanction.

Sac notes:

Key Knowledge:• criminal pre-trial procedures and their purposes, including bail and remand and committal hearings• general purposes of criminal sanctions• an overview of three types of sanctions and their specific purpose

This should be plenty of work as the first two chapters cover the first eight of sixteen key knowledge points for this SAC.

a) If you are inspired, practise the questions and your timings;b) Complete all of the study on activitiesc) Complete the practise exam answers at the back of each chapter

d) Continue reading and summarising. Chapter 9 Civil law, Chapter 10 The Jury System, Chapter 11 Evaluating the effectiveness of the legal system.

2013 Legal Studies

Unit Four: Sac Two

AREA OF STUDY 2Court processes and procedures, and engaging in justiceDispute resolution through courts operating under the adversary system of trial is characterised by formal processes and procedures that must be adhered to by all parties involved with the case. Students investigate the major features of the adversary system of trial, and aided by a comparison with the inquisitorial system of trial, evaluate the adversarial approach to dispute resolution. They also examine criminal and civil pre-trial and post-trial procedures. Students investigate the role of criminal and civil juries, consider their strengths and weaknesses, and suggest reforms and alternatives applicable to the current jury system.

Throughout their investigation of court processes and procedures, students assess the extent to which these processes contribute to an effective legal system.

Outcome 2On completion of this unit the student should be able to explain the processes and procedures for the resolution of criminal cases and civil disputes, and evaluate their operation and application, and evaluate the effectiveness of the legal system.To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 2.

Key knowledgeThis knowledge includes:• the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes (you will need to know long versions and short version of all three elements).• major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation (you will need summaries on all of these features)• strengths and weaknesses of the adversary system of trial (evaluate/to what extent – possibly a 10 mark question on the exam)• major features of the inquisitorial system of trial (compare features to the Adversary System).• possible reforms to the adversary system of trial (three would be great. Be specific).• criminal pre-trial procedures and their purposes, including bail and remand and committal hearings (know everything about bail/remand and committals. Both long and short answers).• general purposes of criminal sanctions

• an overview of three types of sanctions and their specific purpose• Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures (know everything named specifically)• the purpose of civil remedies ( restoring rights not punishment)• types of civil remedies, including damages and injunctions (know three types of damages and three types of injunctions)• the role of juries, and factors that influence their composition (again, long and short versions)• strengths and weaknesses of the jury system (this was the ten mark question on the 2011 exam paper)• reforms and alternatives to the jury system (three reforms/alternatives)• problems and difficulties faced by individuals in using the legal system• recent changes and recommendations for change in the legal system designed to enhance its effective operation. (Three should be fine).

Key skillsThese skills include the ability to:• define key legal terminology and use it appropriately• discuss, interpret and analyse legal information• apply legal principles to relevant cases and issues• critically evaluate the adversary system of trial• compare the operation and features of the adversary system with the inquisitorial system• describe the pre-trial procedures for the resolution of criminal cases and civil disputes, and compare their relative purposes• discuss the ability of criminal sanctions and civil remedies to achieve their purposes• critically evaluate the effectiveness of juries• suggest and discuss reforms and alternatives to the adversary system and the jury system• evaluate the extent to which court processes and procedures contribute to an effective legal system.

MARK RANGE

DESCRIPTOR: typical performance in each range

49–60 marks

Comprehensive and detailed explanation of the processes and procedures for the resolution of criminal cases and civil disputes. Comprehensive discussion of the general purposes of criminal sanctions and the purpose of civil remedies. Very detailed and thorough comparison of the operations and features of the adversary trial and the inquisitorial trial. Comprehensive and critical evaluation of the operation of the adversary trial and the jury system and discussion of possible

reforms and alternatives. Applying the elements of an effective legal system, a thorough and critical evaluation of the contribution of court processes and procedures to the effectiveness of the legal system. Very thorough and informed discussion of recent changes and recommendations for change to the legal system.

37–48 marks

Very detailed explanation of the processes and procedures for the resolution of criminal cases and civil disputes. Well-developed discussion of the general purposes of criminal sanctions and the purpose of civil remedies. Detailed comparison of the operations and features of the adversary trial and the inquisitorial trial. Well-developed evaluation of the operation of the adversary trial and the jury system and discussion of possible reforms and alternatives. Applying the elements of an effective legal system, a well-developed evaluation of the contribution of court processes and procedures to the effectiveness of the legal system. Thorough discussion of recent changes and recommendations for change to the legal system.

25–36 marks

Detailed explanation of the processes and procedures for the resolution of criminal cases and civil disputes. Clear discussion of the general purposes of criminal sanctions and the purpose of civil remedies. Satisfactory comparison of the operations and features of the adversary trial with the inquisitorial trial. Satisfactory evaluation of aspects of the operation of the adversary trial and the jury system and discussion of possible reforms and alternatives. Applying the elements of an effective legal system, a satisfactory evaluation of the contribution of court processes and procedures to the effectiveness of the legal system. General discussion of recent changes and recommendations for change to the legal system.

13–24 marks

Some explanation of the processes and procedures for the resolution of criminal cases and civil disputes. Some discussion of the general purposes of criminal sanctions and the purpose of civil remedies. Brief comparison of the operations and features of the adversary trial with the inquisitorial trial. Identification and brief evaluation of some aspects of the operation of the adversary trial and the jury system and some discussion of possible reforms and alternatives. Applying the elements of an effective legal system, some evaluation of the contribution of court processes and procedures to the effectiveness of the legal system. Brief discussion of recent changes and recommendations for change to the legal system.

1–12 marks

Little explanation of the processes and procedures for the resolution of criminal cases and civil disputes. Limited discussion of the general purposes of criminal sanctions and the purpose of civil remedies. Limited comparison of the operations and features of the adversary trial with the inquisitorial trial. Identification of some aspects of the operation of the adversary trial and the jury system and some identification of possible reforms and alternatives. Applying the elements of an effective legal system, a limited evaluation of the contribution of court processes and procedures to the effectiveness of the legal system. Limited discussion of recent changes and recommendations for change to the legal system.

Explain the processes and procedures for the resolution of criminal cases and civil disputes, which would include some of the following: major features of the adversary trial, criminal pre-trial procedures and a comparison of their purposes, Supreme Court civil pre-trial procedures and their purpose and the jury system

Discuss the general purposes of criminal sanctions and the purpose of civil remedies, such as damages and injunctions

Compare the operations and features of the adversary trial with the inquisitorial trial

Critically evaluate the operation of the adversary trial and the jury system and discuss possible reforms and alternatives

Apply the elements of an effective legal system to evaluate the contribution of court processes and procedures to the effectiveness of the legal system

Discuss recent changes, and recommendations for change, to the legal system designed to enhance the effective operation of the legal system

Have the opportunity to demonstrate the highest level of performance.

Unit Four Legal Studies

Key Knowledge:• Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures (know everything named specifically)• the purpose of civil remedies ( restoring rights not punishment)• types of civil remedies, including damages and injunctions (know three types of damages and three types of injunctions)

Chapter Nine: Civil procedures

9.1 Taking civil action

1) Read pages 234 – 2362) Answer questions 3, 4 - 6 on page 236

9.2 Deciding whether or not to take civil action

3) Read pages 237 – 2394) Answer questions 1 – 4 on page 239

9.3 Pre-trial procedure: pleadings

5) Read pages 240 – 2446) Answer questions 1 - 6 on page 244. 7) YES, You do need to know “pleadings”. All of it. Create summaries of “pleadings”

9.4 Pre-trial procedure: discovery and directions hearings

8) Read pages 245 – 2479) Answer questions 1 - 4 on page 247.10) Yes you do need to know “discovery and directions hearings”. Summarize

everything.

9.5 Civil remedies: damages and their purpose

11) Read pages 250 – 25312) Answer questions 2 and 3 on page 25313) Choose two – three different specific types of damages to summarize.

9.6 Non-Financial civil remedies and their purpose

14) Read pages 254 – 25515) Answer questions 1 – 4 on page 25616) You again need to learn two or three different types of “non financial remedies”.

Chapter Ten: The Jury System

Key knowledge:

• the role of juries, and factors that influence their composition (again, long and short versions)• strengths and weaknesses of the jury system (this was the ten mark question on the 2011 exam paper)• reforms and alternatives to the jury system (three reforms/alternatives)10.1 Role of juries

1) Read pages 266 – 2682) Answer questions 1 - 10 on page 268. These will form your jury summaries. Question 7

is a great practise exam question too.

10.2 Factors that influence the composition of juries

3) Read pages 269 – 2724) Answer questions 1 – 4 on page 239

10.3 Empanelling a jury NEW TO THIS STUDY DESIGN

5) Read pages 273 – 2766) Answer questions 1 – 9 on page 276, As this is a new area included, you may need to

practise all versions of questions asked about the content. If time is a factor, dot point or plan your response.

10. 4 Strengths and weaknesses of the jury system

7) Read pages 277 – 2798) Answer questions 1 – 7. This was the 10 mark question on the 2011 end of year exam.

The more practise, the better. Even if you dot point or plan your answer.10.5 Reforms and alternatives to the jury system

9) Read pages 281 – 28310) Answer questions 2. This can be your summary.

Question 6, 7, 8, 9 and 10 are great practise questions for the exam/sac.

The case studies on page 284 and 285 are very interesting. Have a read.

Chapter Eleven: Problems and difficulties in the legal system

Key knowledge:

• problems and difficulties faced by individuals in using the legal system• recent changes and recommendations for change in the legal system designed to enhance its effective operation.

11.1 Problems with our legal system: high costs of legal action can limit success

1) Read pages 294 - 2962) Answer questions 2 and VLA summaries (question 3, 4, 5 and 6)

11.2 Problems with our legal system: family violence and access to our legal system

3) Read pages 297 – 2994) Answer question 3 in note form. An excellent practise exam question.

11.3 Problems with our legal system: disadvantaged groups and access to our legal system

5) Read pages 300 – 3036) Answer question 1 as your sac notes

11.4 Problems with our legal system: delays

7) Read pages 304 – 3068) Answer questions 2 (as your sac notes) and 3 a – c are great practise questions for the

exam.

11.5 Recent changes and recommendations for change in the legal system – civil cases

9) Read pages 307 – 31010) Answer question 5 (as your sac notes). Choose two specific recent changes and

two recommendations for change. Be specific. Learn from the last sac.

11.6 Recent changes and recommendations for change in the legal system – criminal cases

11) Read pages 311 –314 (the last page! YAY!)12) Create a table (like you did for 11.5) Choose two specific recent changes and

two recommendations for change. Be specific. Learn from the last sac.