§-Legal Studies Q&A
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Legal Studies Q&A by dot point
A short Q&A bank for every SA Legal Studies syllabus dot point. Each question and answer is drawn directly from our worked dot-point page, so you can scan key concepts before opening the long-form answer.
Topic 1: The Australian Legal System
Distinguish between criminal law and civil law, including the parties, purpose, burden and standard of proof, and outcomes.
Explain the origins of the Australian legal system, including the reception of English law and the place of Aboriginal and Torres Strait Islander customary law.
Identify and explain the two main sources of law in Australia: statute law made by parliament and common law made by courts.
Explain the features of the adversarial system of trial used in Australia and compare it with the inquisitorial system.
Explain the meaning of the rule of law and how the Australian legal system tries to uphold it.
Topic 2: Constitutional Government
Explain the referendum process under section 128 and analyse why so few referendums succeed.
Explain how international law and human rights obligations affect Australian law, and evaluate the extent to which Australia should comply with them.
Explain how Australian law has recognised native title and land rights, and evaluate how well the law protects the rights of Aboriginal and Torres Strait Islander peoples.
Explain how rights are protected in the Australian Constitution, including express and implied rights, and evaluate whether the protection is adequate.
Explain how the Australian Constitution divides power between the Commonwealth and the states and separates power between the arms of government.
Explain the role of the High Court in interpreting the Constitution and how its decisions have shifted the balance of power.
Explain the structure, jurisdiction and appointment of the High Court, and evaluate whether it has too much power.
Explain the role of the Senate as a house of review and a states house, and evaluate how well it serves contemporary Australia.
Explain the separation of powers in the Australian Constitution and how it limits the abuse of power.
Topic 3: Law-Making
Explain the relationship between courts and parliament in making law, including how each influences and limits the other.
Explain what delegated legislation is, why parliament uses it, and how it is controlled.
Explain how courts make law through precedent and how they interpret statutes.
Explain how parliament makes statute law, including the stages a bill passes through to become an Act.
Topic 4: Justice Systems
Explain what access to justice means, the barriers to it, and the measures that improve it.
Explain the methods of alternative dispute resolution and the role of tribunals, and evaluate their advantages over court proceedings.
Explain why law reform is needed, the forces that drive it, and the bodies and processes that bring it about.
Explain the roles of legal personnel and the importance of legal representation, and evaluate how this affects access to justice.
Explain the purposes of sentencing and the types of sanctions available, and the factors courts consider.
Explain the role of the jury in the Australian legal system and evaluate its strengths and weaknesses.
Explain the structure of the South Australian court hierarchy and the reasons for arranging courts in this way.