ACED Unit 3 Legal Studies SAC 2 2024 - Question and Answer Book

Name: __________________________________
Teacher’s name: _______________________

Victorian Certificate of Education
2024
UNIT 3 LEGAL STUDIES
SAC 2: Structured questions and case study
2024
QUESTION AND ANSWER BOOK

Structure of book
Section Number of questions Number of questions Number of marks
to be answered
A 6 6 25
B 1 1 25
Total 50
• Students are permitted to bring into the assessment room: pens, pencils, highlighters, erasers, sharpeners, and
rulers.
• Students are NOT permitted to bring into the assessment room: blank sheets of paper and/or correction
fluid/tape.
• No calculator is allowed in this assessment.
Materials supplied
• Question and answer book.
• Additional space is available at the end of the book if you need extra space to complete an answer.
Instructions
• Write your name in the space provided above on this page.
• All written responses must be in English.
Students are NOT permitted to bring mobile phones and/or any other unauthorised electronic devices
into the assessment room.
© ACED 2024. This assessment is only licenced to the purchasing school.

2024 ACED Unit 3 LEGAL STUDIES SAC 2 2
SECTION A
Instructions for Section A
Answer all questions in the spaces provided.
Question 1 (2 marks)
Apart from a final hearing, describe one dispute resolution method that the Victorian Civil and
Administrative Tribunal (VCAT) can use to resolve a dispute.
Explain how using a class action to resolve a civil dispute can contribute to the achievement of access.
Unit 3 LEGAL STUDIES SAC 2 © ACED 2024. This assessment is only licenced to the purchasing school. Go to acedvce.com for more great revision resources.
3 2024 ACED Unit 3 LEGAL STUDIES SAC 2
Using an example, explain why a plaintiff might prefer to be awarded an injunction rather than damages.
Compare the roles of the plaintiff in a civil case and the prosecution in a criminal case.
Analyse the appropriateness of Consumer Affairs Victoria (CAV) to resolve a dispute.
‘The Victorian civil justice system needs to be radically overhauled because parties can only achieve justice
if they have lawyers representing them; however, many parties cannot afford a lawyer.’
Discuss the extent to which you agree with this statement.
SECTION B
Instructions for Section B

Use stimulus material, where provided, to answer the questions in this section. It is not intended that this
material will provide you with all the information to fully answer the questions.
Clive, a 40-year-old member of the Australian white supremacist group National Socialist Network,
addressed a rally of 3,000 people in the Treasury Gardens, which is near the Victorian Parliament. Clive
encouraged the crowd to damage or destroy shops operated by non-white Australians. He claimed that,
“Immigrants are taking the jobs of Australian workers and must be driven out of Australia.” Clive said that
he had had personal experience of this as he had recently lost his job when the business he worked for was
taken over by a foreign company. In his speech, Clive verbally attacked a well-known Asian businessman,
Kevin Wang, who ran a very successful chain of retail stores in Melbourne. Among other slurs, Clive alleged
that Kevin was “an agent of the Chinese government who exploited Australian workers for his own profit.”
As a result of Clive’s slurs, Kevin was bombarded on social media with hundreds of ‘hate’ posts. This caused
Kevin to suffer serious depression, for which he required extensive psychiatric treatment that cost him
$45,000.
The police prosecuted Clive under section 24 of the Racial and Religious Tolerance Act 2001 (Vic) for
committing the offence of serious racial vilification against Kevin. This offence is committed where a person
intentionally engages in conduct that is likely to incite hatred against another person because of their race.
A person who is found guilty of this offence can be sentenced to up to six months’ imprisonment or a fine of
up to 60 penalty units (approximately $11,500); however, at his hearing in the Magistrates’ Court, the
Magistrate acquitted Clive.
Kevin subsequently sued Clive for defamation in the County Court on the basis that Clive had damaged
Kevin’s reputation by incorrectly suggesting that Kevin was a Chinese government agent who mistreated
his employees. The defamation trial was heard by a jury. The jury verdict was that Clive was liable for
defamation to Kevin. The judge awarded Kevin $45,000 in specific damages for the costs of his psychiatric
treatment, $400,000 in general damages for the loss of reputation that Kevin suffered as a result of Clive’s
slurs and $100,000 in punitive (exemplary) damages. Clive has announced that he intends to appeal against
the amount of damages that the judge has ordered him to pay Kevin.

a. Was the case in the Magistrates’ Court a criminal case or a civil case? Justify your answer. 2 marks
b. Explain how the existence of a civil court hierarchy is necessary for Clive to be able to 3 marks
appeal against the amount of damages that the judge has ordered him to pay Kevin.
c. Explain how Clive could be acquitted of the offence of serious racial vilification against 3 marks
Kevin but still found liable for defaming Kevin.
d. Explain one way in which the judge’s power to give directions as part of the judge’s case 3 marks
management role can assist in the achievement of fairness in Kevin’s defamation case.
e. Analyse two factors that Kevin should have taken into account in deciding to sue Clive for 6 marks
defamation.
f. Discuss the extent to which the damages that were awarded to Kevin can compensate 6 marks
Kevin for the losses that he has suffered.
g. Distinguish between general damages and exemplary (punitive) damages. 2 marks
END OF QUESTION AND ANSWER BOOK
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Name: __________________________________

Teacher’s name: _______________________

UNIT 3 LEGAL STUDIES

SAC 2: Structured questions and case study

QUESTION AND ANSWER BOOK

© ACED 2024. This assessment is only licenced to the purchasing school.

Discuss the extent to which you agree with this statement.

Instructions for Section B

Question 1 (25 marks)

g. Distinguish between general damages and exemplary (punitive) damages. 2 marks

END OF QUESTION AND ANSWER BOOK

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