VCE Legal Studies Question Thread

[Glasses]

can someone pls help me with this question???
Evaluate to the extent to which civil pre-trial procedures contribute to the effect operation of the legal system. (4 marks)

So that question is basically asking for you to look at the relationship between civil pre-trial procedures (such as discovery, pleadings and directions hearings) and the elements of an effective legal system (fair and unbiased hearing, effective access and timely resolution). If it were me answering the question, I'd elaborate on how civil pre-trial procedures do and do not achieve one or more of the elements of an effective legal system, and I'd also use specific pre-trial procedures as examples.
So for example, discovery can contribute to entitlement to a fair and unbiased hearing, because it informs the parties of the evidence of the other party, thereby preventing a 'trial by ambush' and putting the parties on equal footing... etc.
I would also expand on how civil pre-trial procedures hinder one of the elements of an effective legal system. E.g. - the costs associated with discovery can limit the extent to which an individual can effectively access the legal system... etc.

Also make sure you outline the extent to which you agree or disagree with the statement; and don't confuse civil pre-trial procedures with criminal pre-trial procedures.

[Glasses]

Thanks for that Glasses.   

In terms of cases involving the interpretation of the Commonwealth Constitution, how is everyone dealing with the facts of the case? I understand that the significance or the impact is the part which is important, however I feel that I must use at least 2-3 sentences to establish the facts so that I can discuss the significance/impact.

If you can, maybe see if you can incorporate the facts of the case into your explanation of the significance or impact of the case; and use examples from the case to show you're familiar with the details.

Also don't forget that the assessors will be familiar with the facts of said case, so try not to go into too much detail with the details.

[nm4065]

Does anyone know if a decision made in the civil jurisdiction of the Magistrate's Court can be appealed on a question of fact/remedy? My book just mentions appeals on points of law occuring in the Supreme Court (Trial). Thanks!

[Glasses]

Does anyone know if a decision made in the civil jurisdiction of the Magistrate's Court can be appealed on a question of fact/remedy? My book just mentions appeals on points of law occuring in the Supreme Court (Trial). Thanks!

Your textbook is right - civil appeals can only proceed (in the Trial Division of the Supreme Court) on a point of law

[clarke54321]

Your textbook is right - civil appeals can only proceed (in the Trial Division of the Supreme Court) on a point of law

So is that to say that individuals from the Magistrates' Court cannot appeal a decision as to facts or amount of damages in a civil case?

[Glasses]

So is that to say that individuals from the Magistrates' Court cannot appeal a decision as to facts or amount of damages in a civil case?

I believe that is generally the case, yes.
Maybe in extraordinarily unique circumstances it may be allowed, but I think the general consensus is that civil appeals from the Magistrate's Court can only proceed on a point of law.

[clarke54321]

Hi guys,

When a matter is being judicially determined by VCAT's president or vice-president, do the strict rules of evidence and procedure apply?

[Glasses]

Hi guys,

When a matter is being judicially determined by VCAT's president or vice-president, do the strict rules of evidence and procedure apply?

I don't think so - since they're sitting in the tribunal setting, not a court.
But maybe wait for someone else (e.g. - MeganRobyn) to confirm this

[meganrobyn]

Hi guys,

When a matter is being judicially determined by VCAT's president or vice-president, do the strict rules of evidence and procedure apply?

Not the same as when judicial determination is being conducted by a court, no - the tribunal is still an executive body performing a judicial function, and the legislation provides it with the scope to be flexible and more accommodating. It really depends on the list and specific dispute, though, as to exactly how flexible and informal it will be.

Some of the Practice Notes give you an idea, though. Eg: file:///C:/Users/Megan/Downloads/practice_note_vcat_3_fair_hearing_obligation-1-1-2013.pdf

[clarke54321]

Hi everyone,

When disputes in VCAT aren't being judicially determined, are they being determined through arbitration? With this topic I find that I'm getting muddled in detail.

[meganrobyn]

Hi everyone,

When disputes in VCAT aren't being judicially determined, are they being determined through arbitration? With this topic I find that I'm getting muddled in detail.

If it's a hearing before a senior or ordinary member *not* the president or a vp, then - yes, it's classed as arbitration. If it's a sit-down conference then it's more likely something like mediation.

[clarke54321]

Hi everyone,

I was looking at the attached question from the 2010 VCAA Legal Studies Examination.

The question is 'The doctrine of precedent allows for consistency and flexibility. Critically examine these two strengths of the doctrine of precedent.'

With critically examine, I understand that an opinion is needed somewhere in your answer. However, I can't seem to recognise a clear opinion in the high-scoring answer below. Therefore, my question is, how clear do opinions need to be in critically examine questions and is a conclusion necessary?

Thank-you

[clarke54321]

Hi everyone! I was wondering if analysis of High Court interpretations as a means of changing law- making powers is examinable? It is not explicitly stated in the study design, but I am unsure!

Hi Izzymaybury,

Under the key skills section of the study design High Court interpretation is explicitly stated as a means of changing the division of law-making powers along with referenda and the referral of powers.

Therefore, you may be asked a question such as 'Analyse the impact of High Court interpretation on the division of law-making powers.

[Izzy1]

Thanks so much clarke54321! That helps a lot! (Sorry I'm not sure how to reply to your actual message!)

[clarke54321]

Hi guys,

Am I able to continue writing on white space underneath an answer if I only have a little bit extra to write, or will this cut off when being scanned?

For larger answers where I know I will be writing more paragraphs I will make a note for the assessor to go to the back page, but when I have just a few extra lines is this allowed?

Thanks!