VCE Legal Studies AOS 1 Practice Questions

Question 1

compare legal rules and non-legal rules

Answer 1

Legal and non-legal rules serve distinct purposes in society, with legal rules being formal regulations established by governmental authorities that are enforceable by law, such as traffic laws and criminal statutes. Violating these rules can lead to legal consequences, including fines or imprisonment, and they apply universally within a jurisdiction to maintain order and protect individual rights. In contrast, non-legal rules are based on social customs, moral standards, or organizational policies, such as etiquette or workplace guidelines, and do not carry legal penalties. Instead, breaking non-legal rules may result in social disapproval or disciplinary actions within a specific context. While legal rules aim to regulate behaviour and ensure justice, non-legal rules promote social cohesion and reflect the values of particular communities or organizations. Thus, both types of rules guide behaviour but differ significantly in their origins, enforcement, and applicability.

Question 2

explain what is meant by social cohesion. Identify two benefits of a society that is socially cohesive

Answer 2

Social cohesion refers to the strength of relationships and the sense of solidarity among members of a society, where individuals respect shared values, rights, and responsibilities, fostering inclusion and belonging. A socially cohesive society enjoys several benefits, including reduced conflict, as individuals are more likely to resolve disputes peacefully and adhere to societal norms, reducing crime and discrimination. Additionally, it promotes economic and social stability, as collaboration and trust among individuals lead to more effective participation in both civic and economic activities. This collective engagement strengthens institutions, enhances community well-being, and ensures a higher quality of life for all members of society.

Question 3

summarise the four main reasons for having a court hierachy

Question 4

Define the term ‘rule of law’

Answer 4

rule of law
the principle that everyone in society is
bound by law and must obey the law, and
that laws should be fair and clear, so people
are willing and able to obey them

Question 5

describe three principles that aim to uphold the rule of law

Answer 5

Three principles that aim to uphold the rule of law are equality before the law, separation of powers, and fair legal processes. Equality before the law ensures that all individuals, regardless of status, are subject to the same laws and legal standards, preventing discrimination or preferential treatment. Separation of powers divides government authority among the legislative, executive, and judicial branches, ensuring that no single branch has absolute power and that each acts as a check on the others. Fair legal processes guarantee that legal disputes are resolved impartially through transparent and consistent procedures, protecting individuals’ rights and preventing arbitrary decision-making. These principles maintain accountability, safeguard individual freedoms, and reinforce public trust in the legal system.

Question 6

explain the justice principle of ‘fairness’

Question 7

explain the justice principle of ‘access’

Question 8

explain the justice principle of ‘equality’

Question 9

distinguish between parliament and goverment

Answer 9

Parliament and government are distinct yet interrelated components of a political system. Parliament is the legislative body responsible for creating, debating, and passing laws. It consists of elected representatives and is typically structured in two houses, such as the House of Commons and House of Lords in the UK, or the House of Representatives and Senate in Australia. Parliament’s primary role is to represent the people, scrutinize the government’s actions, and ensure laws reflect societal needs. In contrast, the government refers to the executive branch that enforces and implements the laws passed by Parliament. Led by the Prime Minister or President, the government includes ministers who oversee specific areas like health, education, and defense. While Parliament makes the laws, the government is tasked with their execution, ensuring a system of checks and balances that maintains democratic integrity.

Question 10

define the term statute law. state two other names for a statute

Answer 10

Statute law refers to laws that are formally created and enacted by a legislature, such as a parliament, in the form of written acts or legislation. It is distinct from common law, which is developed through judicial decisions.

Two other names for a statute:

1. Legislation
2. Act of Parliament

Question 11

explain the three principles of justice

Answer 11

The three principles of justice—fairness, equality, and access—are foundational to achieving a just legal system. Fairness ensures impartial treatment for all parties in legal processes, meaning decisions are made without bias or favoritism. This principle is upheld by adhering to procedural rules, such as providing accused persons with the opportunity to present their case and challenge evidence. Equality mandates that all individuals are treated the same under the law, regardless of personal characteristics such as gender, race, or socioeconomic status. It emphasizes the uniform application of laws while accounting for relevant differences, such as through interpreters for non-English speakers in court. Access ensures that individuals have the ability to understand and exercise their legal rights, encompassing affordable legal representation, clear legal information, and physical accessibility to courts. Together, these principles safeguard the integrity of the legal system, fostering public trust and ensuring justice is not only delivered but also seen to be delivered.

Question 12

explain the relationship between the parliament and the courts. In your answer refer to common law and statute law

Answer 12

Parliament and government are distinct yet interrelated components of a political system. Parliament is the legislative body responsible for creating, debating, and passing laws. It consists of elected representatives and is typically structured in two houses, such as the House of Commons and House of Lords in the UK, or the House of Representatives and Senate in Australia. Parliament’s primary role is to represent the people, scrutinize the government’s actions, and ensure laws reflect societal needs. In contrast, the government refers to the executive branch that enforces and implements the laws passed by Parliament. Led by the Prime Minister or President, the government includes ministers who oversee specific areas like health, education, and defense. While Parliament makes the laws, the government is tasked with their execution, ensuring a system of checks and balances that maintains democratic integrity.

Question 13

explain one-way laws can assist in achieving social cohesion

Question 14

explain two relationships between parliaments and courts

Question 15

reference to the tobacco amendment act 2016 (VIC) describe two main sources of law