Let’s be blunt: VCE Legal Studies is not about remembering legal jargon and quoting legislation for the sake of it. It’s about understanding how the law shapes society, protects rights, and provides mechanisms for justice – and then applying that knowledge to solve real-world legal problems under exam conditions.
Here’s what most students don’t realise until too late: Legal Studies is not just about learning content. It’s about demonstrating reasoned legal thinking, using actual cases and scenarios, and writing like someone who understands how legal systems really work. High scores don’t go to those who rote learn definitions. They go to students who can argue, apply, and evaluate.
This post breaks down the exact mindset and strategies that top scorers use to master Units 3 and 4 – and how you can too.
What Top Legal Studies Students Actually Do
They Understand That Application is Everything
The number one thing that separates high-scoring students from the rest? Application.
Average students write: “The burden of proof lies with the prosecution.”
Top students write: “In this scenario, the burden of proof lies with the prosecution, who must establish the accused’s guilt beyond reasonable doubt – a principle that ensures fairness by requiring the state to prove its case.”
They don’t just state the law. They apply it – using the case, stimulus, or scenario as the anchor for their reasoning.
They Respect the Command Terms – And Nail Every One
Define. Explain. Discuss. Analyse. Evaluate. Each of these has a specific meaning in VCE Legal Studies – and the examiners will mark to the term.
Top students:
- Use paragraphs to structure responses when needed
- Start comparison questions with “A key difference is…” or “Similarly…”
- Use evaluative language like “however”, “conversely”, “to a significant extent”, “overall…”
- Avoid unnecessary definitions and get straight to the point
The Assessor’s Report made it clear: full marks are reserved for responses that engage precisely with the question.
They Use Legal Language with Clarity and Purpose
You don’t need to be a walking dictionary of legal terms – you just need to use the right words in the right places.
High scorers:
- Say “the purpose of sanctions is rehabilitation and denunciation”, not “to punish them”
- Refer to “the presumption of innocence”, “access to justice”, and “representative government” correctly
- Don’t waffle – they write clearly, concisely, and with legal accuracy
They Know That Justice Isn’t Just a Word – It’s a Framework
The three principles of justice – fairness, equality and access – are everywhere in the study design. The best students:
- Integrate them into every discussion of criminal and civil processes
- Apply them to real scenarios (e.g. the Koori Court improves access and fairness for First Nations peoples)
- Use them to critique effectiveness – not just repeat them as buzzwords
You’re not rewarded for saying “this achieves justice”. You’re rewarded for explaining how and why a system achieves or fails to achieve fairness, equality and access.
They Use Real-World Reform and Case Examples With Precision
The VCAA now expects knowledge of:
- Actual sentencing reforms (e.g. therapeutic courts, sentencing reforms from the VLRC)
- Royal Commissions and Parliamentary Committees (e.g. Yoorrook Justice Commission, Robodebt)
- High Court cases that shaped the interpretation of the Constitution (e.g. Roach, Love and Thoms)
- The 2023 Referendum and its failure – including reasons and implications for constitutional change
Top students don’t just drop these into their answers – they use them to argue, evaluate and contextualise.
What Quietly Sabotages Otherwise Strong Legal Studies Students
Repeating Definitions Instead of Arguing a Point
You don’t get marks for writing “a Royal Commission is a formal inquiry…” in a question that asks you to evaluate its effectiveness. Get to the argument faster.
Misreading Command Terms
‘Discuss’ is not ‘explain’. ‘To what extent’ needs a judgment. ‘Analyse’ requires significance, cause and effect, and structure.
Forgetting to Link Back to the Principles of Justice
It’s not enough to describe what the courts do. You need to show how they promote or limit fairness, equality and access.
Overusing Case Studies Without Tying Them to the Question
Quoting Mabo, Roach or Kartinyeri doesn’t help if you don’t link them to constitutional reform, High Court interpretation, or express rights.
Failing to Plan Extended Responses
High-mark questions are about clarity and argument, not how much you can cram onto the page. Structure matters.
Bottom Line: Legal Studies Success Comes From Argument, Application and Structure
If you treat Legal Studies like a writing-based reasoning subject – not a definitions test – you’re already ahead of most students. You’re here to evaluate the legal system, not memorise it.
To succeed in Legal Studies:
- Know your content – but even more, know how to use it
- Treat each question like a mini legal argument – with structure, evidence and conclusion
- Master the command terms, and write accordingly
- Integrate real examples and legal reasoning into every extended response
- Think like a legal problem solver, not a law textbook
Want to write legal responses like a pro?
Book a one-on-one session with an ATAR STAR Legal Studies tutor who can help you master the art of legal argument, sharpen your analysis, and show you how to apply your knowledge to any question with confidence.
Because in Legal Studies, it’s not just what the law says – it’s how you argue your case that earns the marks.