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LEGAL STUDIES HSC

CLASS TEST: CHAPTER 3
Criminal trial process

Total marks 25
Section I Multiple choice
5 marks

Instructions to students:
Reading time 5 minutes
Please answer all questions in
the spaces provided
There is to be no talking
during the test

Section II Short answer

questions
20 marks

Page 2 of 6

Section I Multiple-choice questions

1

What is the ordinary burden of proof and standard of proof in

criminal matters?

(A)

The burden of proof is on the state and the standard of proof

is on the balance of probabilities.

(B)

The burden of proof is on the victim and the standard of proof

is beyond reasonable doubt.

(C)

The burden of proof is on the state and the standard of proof

is beyond reasonable doubt.

(D)

The burden of proof is on the accused and the standard of

proof is beyond reasonable doubt.
[1 mark]

In which of the following courts would a trial for murder be

held?

(A)

Coroners Court.

(B)

Local Court.

(C)

District Court.

(D)

Supreme Court.
[1 mark]

Which of the following is not a characteristic of the adversary

system of trial?

(A)

A jury determines the guilt of the accused.

(B)

The judge calls for evidence.

(C)

The parties present their cases to the court.

(D)

The judge is an impartial observer.

[1 mark]

If an accused pleads guilty to one charge in exchange for

another charge being withdrawn by the prosecution, it is
referred to as:

(A)

Charge bargaining.

(B)

Plea bargaining.

(C)

Double jeopardy.

(D)

Pre-trial process.
[1 mark]
Page 3 of 6

Page 4 of 6

Which of the following is correct in respect of jury verdicts in

NSW?

(A)

Majority verdicts are possible when a reasonable time has

passed, it is unlikely the jury will reach a unanimous verdict,
and the breakdown of jurors is ten or eleven against one.

(B)

Majority verdicts are possible when a juror dies or gets ill in

the middle of a trial, when a reasonable time has passed,
and the breakdown of jurors is ten or eleven against one.

(C)

Majority verdicts are possible when time is of the essence in

the trial, when a reasonable time has passed, and it is
unlikely the jury will reach a unanimous verdict.

(D)

All jury verdicts must be unanimous.

[1 mark]

Section II Short answer questions

6

Define the terms original jurisdiction and appellate

jurisdiction, and outline the differences between them.

[2 marks]
7

Outline the types of cases that can be heard by the Local

Court of NSW. Provide an example of two offences that would
be heard in the Magistrates Court.

Page 5 of 6

[3 marks]
8

Explain the role of the High Court of Australia in the court

hierarchy.

[2 marks]
9

Explain the role of the prosecution in a criminal trial.

Page 6 of 6

[2 marks]
10

Identify three complete defences that may be possible for a

charge of assault. Provide the name of the defence and a
brief definition.

[3 marks]
11

Explain the different roles of a magistrate and a judge.

Page 7 of 6

[4 marks]
12

Assess the importance of the jury in the adversarial system.

Page 8 of 6

[4 marks]

Page 9 of 6