Legal Studies VCE Unit 3/4 Exam Revision – Australian Law, Courts, Rights, and
Justice System Study Guide
Law Makers - correct answer ✔✔Parliament and Courts
Criminal Law - correct answer ✔✔an area of law that protects the community by establishing
and defining what crimes are. It also sets down sanctions for people who commit them.
Civil Law - correct answer ✔✔a body of law that sets out the rights and responsibilities of
individuals, groups and organizations. It also regulates private disputes when these rights have
been infringed.
Principles of Justice - correct answer ✔✔Fairness, Equality and Access
Factors Affecting Achievement of Justice - correct answer ✔✔Cost, Time and Culture
Summary Offenses - correct answer ✔✔- Relatively minor
- Always in Magistrates
- Heard by Magistrate
- Summary Hearing
- Doesn't go under committal hearing
- Not heard in front of jury
Indictable Offences - correct answer ✔✔- Serious
- Mainly but not exclusively in Supreme and County
- Presided over by a judge
- Heard by a jury of 12
,- Must undergo a committal hearing if not being trialed summarily
Burden of Proof (Criminal) - correct answer ✔✔- Prosecution has the burden of proof
- Responsibility of proving the case against the other party, in this case the accused
- This must be proved beyond reasonable doubt
- Is flipped when the accused pleads a defence, or in special cases such as speeding fines, etc.
Standard of Proof (Criminal) - correct answer ✔✔- Refers to the threshold or level of proof
required to prove a case
- This is beyond reasonable doubt
- Based on the evidence of the case which is tested by both parties during a trial and for the jury
to then decide the case on
Presumption of Innocence - correct answer ✔✔- Fundamental principle of the legal system
- Relates to criminal cases
- Key principle of the rule of law
- It is a common law right
- Features that uphold the POI:
Right to silence
Police can only arrest if they have a reasonable belief that someone has committed a crime
Committal Proceeding
Propensity evidence cannot be brought forward
Right to appeal a decision
Rights of the Accussed - correct answer ✔✔- Right to be tried without unreasonable delay
- Right to a fair hearing
- Right to trial by jury
,Found in S.80 of Constitution, Bill of Rights and Common Law
Rights of Victims - correct answer ✔✔- Right to give evidence as a vulnerable witness
- Right to protections
- Right to be informed of the likely release date of the accussed
- Right to be informed about the proceeding
Alternative Arrangements - correct answer ✔✔- Only for sexual, family violence and sexual
exposure in public place offences. As well as obscene, indecent, threatening language or
behaviour in public place.
- The witness may give evidence from a place other than the courtroom by means of CCTV
- Screens may be used to remove the accused from direct line of vision of the witness
- A support person may be chosen by the witness to be there while giving evidence
- Only certain persons may be allowed in court when the witness is giving evidence
- Legal practitioners may be required not to be formally dressed in robes or may be required to
be seated while asking questions.
- These are available to witnesses and complainants.
Protected Witness - correct answer ✔✔- Only for sexual and family violence offences.
- A protected witness may be a complainant, a family member of the complainant, a family
member of the accused, or any other witness the court declares to be a protected witness.
- Once the declaration is made, the protected witness must not be cross-examined by the
accused. Instead, the cross-examination must be conducted by the accused's legal
representative.
- If the accused does not have any legal representation the court must order Victoria Legal Aid
(VLA) to provide legal representation for the accused for the purposes of cross-examination.
Special arrangements for persons under the age of 18 years or with a cognitive impairment -
correct answer ✔✔- A sexual offence, an indictable offence involving assault on, or injury or
, threat of injury to a person, offences involving minor assaults where those assaults relate to one
of the above two offences.
- These witnesses will be allowed to give their examination-in-chief by way of audio or audio-
visual recording. That recording may then be provided to the accused, who will have a
reasonable opportunity to hear it or view it.
- The accused is not in the same room as the complainant for the special hearing
- The accused is not entitled to see and hear the complainant while the complainant is giving
evidence
- No unauthorized person is to be present in the courtroom while evidence is being given
- The evidence must be given on CCTV
- The complainant is not to be questioned unless the court gives leave (that is, the court must
make an order saying that this is allowed).
Institutions Available to assist accussed - correct answer ✔✔- Victorian Legal Aid
- Community Legal Centres
Role of VLA - correct answer ✔✔- Provide legal aid in the most effective, economic and efficient
manner
- Manage its resources to make legal aid available at a reasonable cost to the community and on
an equitable basis throughout Victoria
- Provide the community with improved access to justice and legal remedies
- Pursue innovative means to provide legal aid to minimise the need for individual legal services
in the community.
Types of Legal Aid VLA Offer - correct answer ✔✔- Free Legal Information
- Free Legal Advice
- Free Duty Lawyer Services
- Grant of Legal Assistance
Justice System Study Guide
Law Makers - correct answer ✔✔Parliament and Courts
Criminal Law - correct answer ✔✔an area of law that protects the community by establishing
and defining what crimes are. It also sets down sanctions for people who commit them.
Civil Law - correct answer ✔✔a body of law that sets out the rights and responsibilities of
individuals, groups and organizations. It also regulates private disputes when these rights have
been infringed.
Principles of Justice - correct answer ✔✔Fairness, Equality and Access
Factors Affecting Achievement of Justice - correct answer ✔✔Cost, Time and Culture
Summary Offenses - correct answer ✔✔- Relatively minor
- Always in Magistrates
- Heard by Magistrate
- Summary Hearing
- Doesn't go under committal hearing
- Not heard in front of jury
Indictable Offences - correct answer ✔✔- Serious
- Mainly but not exclusively in Supreme and County
- Presided over by a judge
- Heard by a jury of 12
,- Must undergo a committal hearing if not being trialed summarily
Burden of Proof (Criminal) - correct answer ✔✔- Prosecution has the burden of proof
- Responsibility of proving the case against the other party, in this case the accused
- This must be proved beyond reasonable doubt
- Is flipped when the accused pleads a defence, or in special cases such as speeding fines, etc.
Standard of Proof (Criminal) - correct answer ✔✔- Refers to the threshold or level of proof
required to prove a case
- This is beyond reasonable doubt
- Based on the evidence of the case which is tested by both parties during a trial and for the jury
to then decide the case on
Presumption of Innocence - correct answer ✔✔- Fundamental principle of the legal system
- Relates to criminal cases
- Key principle of the rule of law
- It is a common law right
- Features that uphold the POI:
Right to silence
Police can only arrest if they have a reasonable belief that someone has committed a crime
Committal Proceeding
Propensity evidence cannot be brought forward
Right to appeal a decision
Rights of the Accussed - correct answer ✔✔- Right to be tried without unreasonable delay
- Right to a fair hearing
- Right to trial by jury
,Found in S.80 of Constitution, Bill of Rights and Common Law
Rights of Victims - correct answer ✔✔- Right to give evidence as a vulnerable witness
- Right to protections
- Right to be informed of the likely release date of the accussed
- Right to be informed about the proceeding
Alternative Arrangements - correct answer ✔✔- Only for sexual, family violence and sexual
exposure in public place offences. As well as obscene, indecent, threatening language or
behaviour in public place.
- The witness may give evidence from a place other than the courtroom by means of CCTV
- Screens may be used to remove the accused from direct line of vision of the witness
- A support person may be chosen by the witness to be there while giving evidence
- Only certain persons may be allowed in court when the witness is giving evidence
- Legal practitioners may be required not to be formally dressed in robes or may be required to
be seated while asking questions.
- These are available to witnesses and complainants.
Protected Witness - correct answer ✔✔- Only for sexual and family violence offences.
- A protected witness may be a complainant, a family member of the complainant, a family
member of the accused, or any other witness the court declares to be a protected witness.
- Once the declaration is made, the protected witness must not be cross-examined by the
accused. Instead, the cross-examination must be conducted by the accused's legal
representative.
- If the accused does not have any legal representation the court must order Victoria Legal Aid
(VLA) to provide legal representation for the accused for the purposes of cross-examination.
Special arrangements for persons under the age of 18 years or with a cognitive impairment -
correct answer ✔✔- A sexual offence, an indictable offence involving assault on, or injury or
, threat of injury to a person, offences involving minor assaults where those assaults relate to one
of the above two offences.
- These witnesses will be allowed to give their examination-in-chief by way of audio or audio-
visual recording. That recording may then be provided to the accused, who will have a
reasonable opportunity to hear it or view it.
- The accused is not in the same room as the complainant for the special hearing
- The accused is not entitled to see and hear the complainant while the complainant is giving
evidence
- No unauthorized person is to be present in the courtroom while evidence is being given
- The evidence must be given on CCTV
- The complainant is not to be questioned unless the court gives leave (that is, the court must
make an order saying that this is allowed).
Institutions Available to assist accussed - correct answer ✔✔- Victorian Legal Aid
- Community Legal Centres
Role of VLA - correct answer ✔✔- Provide legal aid in the most effective, economic and efficient
manner
- Manage its resources to make legal aid available at a reasonable cost to the community and on
an equitable basis throughout Victoria
- Provide the community with improved access to justice and legal remedies
- Pursue innovative means to provide legal aid to minimise the need for individual legal services
in the community.
Types of Legal Aid VLA Offer - correct answer ✔✔- Free Legal Information
- Free Legal Advice
- Free Duty Lawyer Services
- Grant of Legal Assistance
