Unit 3: Rights and justice

10 dot points, in syllabus order. Each dot point has a focused answer, with exam-style questions and worked answers where available.

What factors affect the ability of the justice system to achieve the principles of justice?

the factors that affect the ability of the criminal and civil justice systems to achieve the principles of justice (costs, time and cultural differences)

Factors that affect the achievement of the principles of justice. Explains how costs, time and cultural differences shape access, fairness and equality in the Victorian criminal and civil justice systems, with the main measures that respond to each.

6 min read →

What methods are used to resolve civil disputes in Victoria?

the methods used to resolve civil disputes (mediation, conciliation, arbitration, tribunals, courts)

Civil dispute resolution methods in Victoria. Compares mediation, conciliation, arbitration, tribunals (VCAT) and courts (Magistrates', County, Supreme), with strengths and weaknesses of each.

5 min read →

What are the principles of justice and how are they applied in the Australian legal system?

the principles of justice (fairness, equality and access) and their application in the Australian legal system

Principles of justice. Defines fairness, equality and access, gives examples of how each is applied in the Victorian criminal and civil justice systems, and identifies the main shortfalls.

6 min read →

What rights are protected in the criminal justice process for the accused and for victims?

the rights of an accused and of victims in the criminal justice system

Rights of the accused (silence, fair trial, jury for indictable Commonwealth offences) and the rights of victims (information, protection, participation, restitution) in the Victorian criminal justice system.

6 min read →

What are the roles of the key personnel in a criminal trial?

the role of key personnel in a criminal trial (judge, jury, parties, legal practitioners)

Role of the judge, the jury, the parties (the prosecution and the accused) and legal practitioners in a Victorian criminal trial, and how each role connects to the principles of justice.

6 min read →

How do parliament and courts make and change law?

the role of parliament and courts in lawmaking, and the relationship between them

A focused VCE Legal Studies answer (Unit 4 Area of Study 1 in the current design, kept at its Unit 3 address) to the lawmaking roles of parliament and the courts, the doctrine of precedent, statutory interpretation, codification and abrogation, and the dialogue between the two arms.

6 min read →

What do the burden and standard of proof mean in criminal and civil cases?

the key concepts of the burden of proof and the standard of proof in criminal and civil cases

Burden of proof and the standard of proof. Explains who carries the burden and the standard that applies in criminal cases (beyond reasonable doubt) and civil cases (the balance of probabilities), with reverse-onus exceptions.

6 min read →

What remedies are available in a civil claim?

the purposes and types of remedies (damages and injunctions) and their ability to achieve their purposes

Civil remedies. Compares the categories of damages (compensatory, aggravated, exemplary, nominal) and types of injunctions (mandatory, prohibitory, interlocutory, perpetual), with the purpose of each.

6 min read →

What are plea negotiations and how do they affect the achievement of justice?

the purposes and appropriateness of plea negotiations

Plea negotiations. Explains what they are, the purposes they serve, when they are appropriate, and their strengths and weaknesses for the accused, victims and the justice system, with the guilty-plea sentence discount under the Sentencing Act 1991 (Vic).

5 min read →

What are the purposes, types and effectiveness of sanctions in the Victorian criminal justice system?

the purposes, types and effectiveness of sanctions

Sanctions under the Sentencing Act 1991 (Vic). Covers the five statutory purposes, the menu of sanctions (imprisonment, community correction order, fine, adjourned undertaking), and the effectiveness of each at achieving its purposes.

7 min read →