1. How good is your legal spelling? Which words are spelt correctly?

2. How good is your legal spelling? Parliament Parliment Separation of powers Seperation of powers Appelant Appellant How good is your spelling?

3. How good is your legal spelling? Admissable evidence Admissible evidence Heirarchy Hierachy Heirachy Hierarchy Agreement Agreeance How good is your spelling?

4. How good is your legal spelling? Remember! Legal language is your tool of trade. If you spell Legal Studies’ terms incorrectly it doesn’t imbue confidence in markers of your written answers How good is your spelling?

5. Short response questions in the Legal Studies exam 2010 Legal Education Teachers Association of SA LETASA

6. Short response questions Question 1 Pages 7 and 8 The Australian Parliamentary process Question 2 Page 9 The adversary system of criminal justice Question 3 Page 10 Doctrine of precedent, and presentation of legal argument in a negligence case Short Response Questions

7. Australian Parliamentary Process Question 1 Page 9 Why was Ms Gillard able to become Prime Minister of Australia? Common response from past examinations: Because her party won a majority in the House of Representatives A much better response Selected as leader of the majority party in the House of Representatives Sworn in as Prime Minister by the Governor-General in accordance with the conventions of responsible government Short Response Questions Question 1(a), Page 7

8. Australian Parliamentary Process Question 1 Page 9 Briefly explain how the following concepts are implied in the text (i) REPRESENTATIVE GOVERNMENT COMMENT Read the question carefully, it states “implied in the text”, so you cannot provide a general answer Possible answers: Members of the community were elected to the Cwlth Parliament at the 2007 federal election. Elected representatives of the community debated and passed the Work Choices Act and Fair Work Act. Short Response Questions Question 1(b), Page 7

9. Australian Parliamentary Process Question 1 Page 9 Briefly explain how the following concepts are implied in the text (ii) RULE OF LAW COMMENT Read the question carefully, it states “implied in the text”, so you cannot provide a general answer Recommended answer Cwlth Parliament can only enact legislation where it has a specific power The States challenged the validity of the Work Choices Act in the High Court arguing the Cwlth had exercised a legislative power ultra vires the Constitution Short Response Questions Question 1(b), Page 7

10. Australian Parliamentary Process Question 1 Page 9 What legislative power would Ms Gillard use to have the Fair Work Act enacted? Specific legislative power (Corporations power) Short Response Questions Question 1(c), Page 8

11. Australian Parliamentary Process Question 1 Page 9 Why was the States’ challenge to the Work Choices Act heard in the High Court? NOTE It is inadequate to simply state – “it is a constitutional dispute”, as it doesn’t explain WHY they are heard in the High Court. Australian Constitution prescribes (in sections 75) that the High Court is vested with original jurisdiction to resolve constitutional disputes regarding an interpretation of the Constitution. Short Response Questions Question 1(d), Page 8

12. Australian Parliamentary Process Question 1 Page 9 Why will the High Court’s work choices decision remain unchanged after the 2007 election? High Court is the sole independent judicial body with the power to decide constitutional cases. Its decisions can only be overruled by constitutional change by referendum or the High Court departing from precedent. Arbitrary factors, like federal elections, have no impact on a High Court’s decision. Short Response Questions Question 1(e), Page 8

13. Australian Parliamentary Process Question 1 Page 9 What was the impact of the High Court’s decision on the Australian federal system? The decision broadened the corporations (specific) power of the Cwlth, and therefore reduced the residual powers of the States. Stated alternatively The decision swung the balance of the division of powers in favour of the Cwlth. Short Response Questions Question 1(f), Page 8

14. Australian Parliamentary Process Question 1 Page 9 Why did Mr Rudd’s Government face stricter scrutiny of its Bills that the Howard Government? The Howard (Coalition) Government commanded a majority in the Senate from 2004 to June 2008, so its Bills could pass unamended if Mr Howard instructed its Coalition Senators to support its legislation. The Rudd Government faced a hostile Senate for its entire Term, so it could not use its numbers to pass its Bills. Short Response Questions Question 1(g), Page 8

15. The court room cartoon Question 2 Page 11 How does the cartoon symbolise the main features of the Australian adversary system? TWO AUTONOMOUS PARTIES The parties are in control of their cases. The prosecution is lunging with a sword, symbolising it made the allegation and has the burden to prove it. The shield symbolises the defence Counsel rebutting those allegations. INDEPENDENT JUDGE The passive judge in the background symbolises the judge taking no active part in the presentation of evidence, other than enforcing the adversarial rules of procedure and evidence. Short Response Questions Question 2(a), Page 9

16. The court room cartoon Question 2 Page 11 Outline two constraints placed on the judge at an adversarial trial. COMMENT There are many options available, but students MUST “outline” their answer. Choices include: The judge cannot take an active role in the examination of witnesses to elicit the facts. Judges cannot give legal advice to counsel. Judge must disqualify him/herself if he/she has some direct relationship with the defendant eg a relative Short Response Questions Question 2(b), Page 9

17. The court room cartoon Question 2 Page 11 Explain how relevant evidence is presented at an adversarial criminal trial The main features are: Witnesses can only give sworn evidence Counsel examine witnesses in the interrogatory fashion Evidence is examined orally Best evidence is only admissible if the relevant witnesses can be orally examined. All witnesses must be capable of cross examination Short Response Questions Question 2(c), Page 9

18. The court room cartoon Question 2 Page 11 Describe two processes.. protect legal rights of the accused? There are many options available, but students MUST “describe” their answer. Choices are The accused has the right to remain silent and cannot be compelled to give evidence at his/her trial As the accused is presumed innocence the DPP has the burden to prove guilt The standard of proof is very strict, beyond reasonable doubt, to prevent the conviction of innocent people. The defendant can present his/her own case before an independent judge or employ legal counsel to perform that role. The accused has the right to challenge the admissibility of evidence and to cross examine the DPP’s witnesses. Short Response Questions Question 2(d), Page 9

19. The court room cartoon Question 2 Page 11 Briefly describe the pre-trial stages… and why? INDICTMENT The defendant is INDICTED before a Magistrate on INFORMATION. At this stage the accused is transferred from the custody of the police to the court. BAIL APPLICATION The defendant can make an application to be released from the custody of the court pending a preliminary hearing. SUPPRESSION OF NAME The defendant can make an application to have the accused person’s name suppressed from media publication to give effect to the presumption of innocence principle Short Response Questions Question 2(e), Page 9

20. The court room cartoon Question 2 Page 11 Briefly describe the pre-trial stages… and why? PRELIMINARY HEARING Conducted in the Magistrates Court to determine if there is a case to answer (prima facie case) to commit the accused to trial in a higher court. This acts as a screening mechanism to prevent ill-considered cases from proceeding to the higher courts and wasting their valuable time and resources PRE TRIAL CONFERENCES Conducted by a judicial officer to prepare the case for trial if guilt is denied. Short Response Questions Question 2(e), Page 9

21. A case of negligence at school Question 3 Page 12 How would the case be cited for trial? Benton v Education Dept and Contractor Plaintiff against co-defendants Short Response Questions Question 3(a), Page 10

22. A case of negligence at school Question 3 Page 12 What status would the following authorities have at Jimmy’s trial? Donoghue v Stevenson 1932 HL COMMENT The question is asking students to identify if the “authority” is a binding or persuasive precedent. Binding precedent, as it has been endorsed in many High Court decisions since Australia severed judicial ties with Britain. Short Response Questions Question 3(b), Page 10

23. A case of negligence at school Question 3 Page 12 What status would the following authorities have at Jimmy’s trial? Nguyen v NSW Dept of Health 1995 NSW FC Persuasive precedent as it has been decided in another court hierarchy Short Response Questions Question 3(b), Page 10

24. A case of negligence at school Question 3 Page 12 Outline a LEGAL ARGUMENT …. A good answer would refer to at least two authorities and explain (argue) why the court should adopt them Example Donoghue v Stevenson 1932 HL The Department and contractor failed to exercise a standard of care to Jimmy as their legal neighbour to prevent him being injured. A reasonable person could have foreseen their breach of that standard of care could cause injury to a school student. Short Response Questions Question 3(c), Page 10

25. A case of negligence at school Question 3 Page 12 How could the Supreme Court depart from Penrith Council v Edwards 2000 HCA? As Penrith was decided in Australia’s most superior court, the High Court, the SA Supreme Court would be bound by it, if the factual basis of the cases are similar. RULE OF DEPARTURE The SA Supreme Court could DISTINGUISH the Penrith rule if there were significant material differences. The court could decide that a student is not person held in lawful custody. Short Response Questions Question 3(d), Page 10

26. A case of negligence at school Question 3 Page 12 Can you identify the following people? Australia’s first Governor-General, Lord Hopetoun

27. A case of negligence at school Question 3 Page 12 Can you identify the following people? Australia’s Governor-General, Sir John Kerr, who dismissed Prime Minister Gough Whitlam

28. A case of negligence at school Question 3 Page 12 Can you identify the following people? Leader of the Liberal Opposition in South Australia. Isobel Redmond

29. A case of negligence at school Question 3 Page 12 Can you identify the following people? First Premier of South Australia, Boyle Travers Finniss

30. A case of negligence at school Question 3 Page 12 Can you identify the following people? Ivan Milac Convicted serial murderer

31. A case of negligence at school Question 3 Page 12 Can you identify the following people? Nine Justices of the United States Supreme Court

32. A case of negligence at school Question 3 Page 12 Can you identify the following people? Robert French Chief Justice of the High Court