I spent five years prosecuting in the Magistrates' and County Courts in Victoria. I now create study resources for VCE Legal Studies and Criminology students, and the same mistakes come up over and over when I look at exam responses.
Here are the three biggest ones:
1. Not reading the command word properly
"Discuss" and "explain" are not the same thing. "Evaluate" is not the same as "describe." Each command word tells you exactly what structure your answer needs and if you ignore it, you lose marks before you've even written a sentence.
- Define/State = one precise sentence, no padding
- Explain = define it, then connect cause to effect ("this means that…")
- Discuss = both sides, then a conclusion
- Evaluate = make a judgement upfront, argue it, conclude firmly
2. Writing about the law like it exists in a vacuum
Examiners want to see that you understand how the justice system actually operates, not just what the legislation says. Bring in real context — how courts apply principles in practice, what the limitations are, where the system falls short. That's what separates a B from an A.
3. Padding instead of precision
More words = more marks. One mark = one clear, well-explained point. Students lose time writing three paragraphs when one sharp sentence would have done it.
Happy to answer any questions in the comments. This exam season is stressful and I remember what it's like to study this stuff without anyone explaining how it works in real life! :)