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SALegal Studies

Topic 4: Justice Systems

7 dot points across 7 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

Can everyone get fair access to justice?

Explain what access to justice means, the barriers to it, and the measures that improve it.
What access to justice means, the barriers of cost, delay, knowledge and distance, and the measures such as legal aid and alternative dispute resolution that improve it.
7 min answer →

Is going to court always the best way to resolve a dispute?

Explain the methods of alternative dispute resolution and the role of tribunals, and evaluate their advantages over court proceedings.
The main methods of alternative dispute resolution (negotiation, mediation, conciliation, arbitration), the role of tribunals such as SACAT, and their advantages and limits compared with courts.
7 min answer →

Why and how does the law change over time?

Explain why law reform is needed, the forces that drive it, and the bodies and processes that bring it about.
Why the law needs to change, the pressures that drive reform such as technology and changing values, and the bodies and processes that bring about reform in Australia.
7 min answer →

Does justice depend on the lawyers you can afford?

Explain the roles of legal personnel and the importance of legal representation, and evaluate how this affects access to justice.
The roles of judges, magistrates, lawyers and prosecutors, the importance of legal representation, and how access to representation affects whether justice is genuinely accessible.
6 min answer →

Why and how do courts punish offenders?

Explain the purposes of sentencing and the types of sanctions available, and the factors courts consider.
The purposes of sentencing, the range of sanctions from fines to imprisonment, and the aggravating and mitigating factors courts weigh when imposing a penalty.
7 min answer →

Should ordinary citizens decide guilt and liability?

Explain the role of the jury in the Australian legal system and evaluate its strengths and weaknesses.
What juries do in criminal and civil trials, how they reflect community participation in justice, and the strengths and weaknesses of trial by jury.
6 min answer →

Why are courts arranged in a hierarchy?

Explain the structure of the South Australian court hierarchy and the reasons for arranging courts in this way.
The structure of South Australia's courts from the Magistrates Court to the Supreme Court and Court of Appeal, their jurisdictions, and why courts are arranged in a hierarchy.
6 min answer →