VCE 3/4 LEGAL STUDIES Unit 4, Area of Study 1 Methods of dispute resolution

Methods of dispute resolution encompasses the first area of study for Unit 4, and is the foundational beginning for the overarching concept of effective legal system which runs throughout Unit 4. Hence, when studying this particular unit, you should be aware of how various processes and methods discussed contribute to the overall achievement of the aims of effective legal system. The first part of the unit is largely theoretical in nature, discussing the necessity of a court hierarchy and the way in which it operates. This is then broken down further into a brief study of each of the courts jurisdictions and their roles within the Victorian Court Hierarchy. The second part of this unit then seeks to break this down even further and looks into the methods which these various judicial bodies make their decisions. This includes a look at methods such as mediation, conciliation, arbitration and judicial determination. To augment this knowledge, the study design also presents a look into the Victorian Civil and Administrations Tribunal, an alternative method of dispute resolution. This includes the roles of VCAT, and how it aims to achieve effective legal system through its various roles. This area then wraps up with a final analysis and comparison of all the methods of dispute resolution, the courts, and VCAT. This is worth learning thoroughly the first time as it will definitely be useful later on in the unit.

1 Daniel Tan

Elements you should have no trouble with:

These are key knowledge components which are fairly easy to understand and memorize. There are no real complexities, nuances or specifics that are likely to trip you up here. Reasons for a court hierarchy Original and appellate jurisdictions of the Magistrates, County and Supreme Courts Dispute resolution methods used by the courts and VCAT, including mediation, conciliation and arbitration

Elements to look out for:

These are key knowledge components which are harder to understand and explain in an exam situation. They are more nuanced in nature and have little complexities and specifics which can cost marks if not included in a response. These also often need examples to clarify a point. It would pay to put time and effort into perfecting your understanding of these concepts as well as noting details.
VCAT and its various roles: Many students often struggle to fully understand where VCAT fits in with the rest of the unit. Remember that the overall topic is dispute resolution methods of which VCAT provides an alternative of. Understanding its roles and how it operates is also essential to understanding the effective legal system component of Unit 4. Analysis of resolution methods: This isnt necessarily difficult to understand, but again, putting time into learning the fundamental strengths and weaknesses of the resolution methods youve studied, the courts and VCAT will be of great benefit later on in the unit. Finally, there are small yet important differences between some resolution methods which you need to be fully aware of (and need to be able to mention in exam/SAC situations).

2 Daniel Tan

Other general tips:

These are tips and pieces of advice that are generally applicable to all of Legal Studies, but the following are more tailored to AOS 1, Unit 4. This particular area of study has a lot of analysis questions which typically combine many facets of the area (rather than just assess certain parts in isolation). It is important that you hone your ability to interpret questions well and understand what you have to put in to attain full marks. Practice is the key here and getting your work marked by other people will be of great benefit. Case studies are not essential for this area and most of Unit 4. That said, the use of small examples here and there will really help to cement your point of view on analysis questions (e.g. comparing the costs of VCAT and Courts may allow you to clearly elucidate why you think VCAT is accessible). Read the key skills and key knowledge thoroughly so you know what can and cant be specifically asked, and the way in which examiners can ask it. Learn the various implications of terms such as Critically Evaluate, Distinguish etc. in the context of questions (Command Terms). More about this is posted on the Activate Education Facebook page. When studying strengths and weaknesses of anything in Legal Studies, try to find strengths and link them to conjugate weaknesses. That way it will be easier to remember the two as a pair, and your writing will also flow much better and sound a lot more cohesive in analysis questions. For this area, and for all of Unit 4, keeping in mind the elements of an effective legal system whilst studying each area will help to give you a broader and more holistic understanding of how each unit is relevant.

3 Daniel Tan