Unit 3: Rights and justice

10 dot points across 10 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

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

A focused VCE Legal Studies Unit 3 answer on the 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 answer →

What remedies are available in a civil claim?

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

A focused VCE Unit 3 answer to 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 answer →

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)

A focused VCE Legal Studies Unit 3 answer on the 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 answer →

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)

A focused VCE Legal Studies Unit 3 answer on the 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 answer →

What methods are used to resolve civil disputes in Victoria?

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

A focused VCE Unit 3 answer to 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 answer →

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 Unit 3 answer 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 answer →

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

the purposes and appropriateness of plea negotiations

A focused VCE Legal Studies Unit 3 answer on 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 answer →

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

A focused VCE Legal Studies Unit 3 answer on the 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 answer →

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

A focused VCE Unit 3 answer to the 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 answer →

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

the purposes, types and effectiveness of sanctions

A focused VCE Unit 3 answer to 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 answer →