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March 28, 2024, 07:48:59 pm

Author Topic: HSC Legal Studies Question Thread  (Read 567984 times)  Share 

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EEEEEEP

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Re: Legal Studies Question Thread
« Reply #105 on: July 19, 2016, 01:47:35 pm »
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In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)
Definitely not. It may make your life more difficult and stressful.

It's a waste of time and you have more factors to consider in your questions.

bethtyso

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Re: Legal Studies Question Thread
« Reply #106 on: July 21, 2016, 09:21:16 am »
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Hi, could you please explain the Smiths v Fields (2012) in Family Law and its significance?

bethtyso

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Re: Legal Studies Question Thread
« Reply #107 on: July 21, 2016, 09:46:10 am »
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Hi again, in class we were just discussing Dennis Ferguson and my teacher cannot find the law that stated that serial sex offenders can be evicted from public housing. She knows it happened around 2009, could you help us out?

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #108 on: July 21, 2016, 10:01:33 am »
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Hi again, in class we were just discussing Dennis Ferguson and my teacher cannot find the law that stated that serial sex offenders can be evicted from public housing. She knows it happened around 2009, could you help us out?

This is an interesting one! I know about Dennis Ferguson, but not about the housing eviction! I've done some googling. Here is some commentary on the proposed bill in 2009. I think the reason this is so hard to find is because there was enormous media coverage with the proposed bill, then when it passed parliament, but when it was awaiting assent people got bored! I think it is covered in an Amendment to the Housing Act. The piece of legislation is titled: Housing Amendment (Registrable Persons) Act 2009 No 64. You can read the official document about it here! There's a lot of commentary around this that range from all things like "if you abuse a child's right to liberty and freedom from torture, then you're right to housing should be taken away," and then "why is social housing a place for all misfits? Why not tackle pedophilia at a government level before the crime has been committed?" So there's a lot of legal debates (and human rights debates!) surrounding this. This is an interesting one!

Thanks for your question, I can guarantee other people are looking for the same piece of legislation and you've helped out a bunch of people by asking! :)
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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #109 on: July 21, 2016, 10:12:53 am »
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Hi, could you please explain the Smiths v Fields (2012) in Family Law and its significance?

Hi again! I didn't look at this case in detail in Family Law and it's purely because I hated the property settlement side of the syllabus, it's just not my thing! So I don't have extensive notes off the top of my head. But, I've done some trusty googling :) The entire court document is here and if you are planning on using this case as a major case study, I definitely suggest searching through that and looking at the Justice's comments towards the end. I always found some little gold nuggets in court documents. Kane V Kane is a case that comes up everywhere when you are looking at the Smith V Fields case - so consider that into your research as knowledge that contributes to the SMith V Fields case. I think one of the key aspects that the Smith V Fields case highlighted is that the main income driver doesn't always prevail in majority of assets in the case of a split, if the other member of the pair contributed to thinks like family wellness, children, the family business from an administrative point, etc. I think this summarises it:

Commenting on the case, in the Australian of 20 April 2015, well- known family lawyer Paul Doolan noted inter alia that:

“In cases involving high-net-wealth parties who built up their assets together, the fact that one party produced the income during the relationship is not to be seen as more important than the role played by the other in making contributions to the family.”

 ^I got that from here.

The case highlighted very clearly (and recently!) that there is no legislative direction to say that monetary contribution to a couple is more important than nurturing the family welfare and daily running. Essentially, the notion of a "breadwinner" from the 1950s is challenged, because the person providing the largest amount of income doesn't walk away with the most amount of money/assets in a divorce all the time. It definitely is possible, but the law appreciates the contributions that aren't monetary, to a relationship, as well.

An awesome awesome awesome resource on this case is here!. This website has a lot of awesome cases on it, if you are ever in need :)
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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #110 on: July 21, 2016, 01:28:15 pm »
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Hi legal eagles! If you're looking for cases, or looking for an explanation of a particular case, be sure to check out this website which has a library full of cases. I never knew it existed during my own HSC, but I couldn't not share it, such a great resource!
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jamie anderson

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Re: Legal Studies Question Thread
« Reply #111 on: July 21, 2016, 04:27:18 pm »
+1
Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask

Christianbro21

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Re: Legal Studies Question Thread
« Reply #112 on: July 21, 2016, 05:56:59 pm »
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Hi Elyse :)

I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly  that would be really helpful for my trials in Wk 5.

Thank you! :)


elysepopplewell

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Re: Legal Studies Question Thread
« Reply #113 on: July 22, 2016, 12:08:59 am »
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Hi Elyse :)

I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly  that would be really helpful for my trials in Wk 5.

Thank you! :)

Hi there! Hang tight - you've given me an idea! I think a lot of students are wondering about the same thing. I'll write an official guide on this tomorrow and send it through to you!
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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #114 on: July 22, 2016, 12:11:10 am »
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Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask

Hi there! Tomorrow I'm going to write up a bit of a deconstruction of the core's themes and challenges - but also a discussion of how you should weave them into a response. So this will be helpful for you! And then once we've had a look at that, we can look into Family Law specifically! I'll write this up tomorrow, so hang tight - I'll send you the link to it when it's ready! Thanks for your question! I'm feeling really chuffed that you've brought this up so we can make a cool resource out of it.
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Lauradf36

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Re: Legal Studies Question Thread
« Reply #115 on: July 22, 2016, 11:31:17 am »
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I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #116 on: July 22, 2016, 11:40:44 am »
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I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!

Hey Lauradf36! I admire your drive to remember a case per dot point, that's intense!!  ;D

I would say that some dot points don't need cases. EG, the first section of crime (Nature of Crime), barely need any cases whatsoever. You want cases for essays and short answer, so you should be remembering cases/laws for the topics that can be asked in essay questions. For each, have a nice selection to pick from for an essay!

I've got my summary sheets for Legal available for download in the notes section, most of the cases I knew for Legal in my HSC are in those notes! I did handwrite a few extra in the week or two beforehand, but it might give you an idea what I recommend!  ;D

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #117 on: July 22, 2016, 04:40:18 pm »
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I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!

Using a newer case doesn't necessarily guarantee more marks. The reason being, landmark cases only happen once - it's not your fault they don't always happen recently! So use a case for its legal significance over its date. In saying this, if you are talking about a contemporary issue, using the most recent cases and media is going to show the marker you are comfortable with your studies.

Also, just throwing a hypothetical situation out there: You could be asked to write an essay on law reform, which is a theme or challenge in the syllabus. This kind of question would require a lot of landmark case studies! So, the more cases you know, the better. But, if you can pick landmark cases, or cases that apply to various sections of the syllabus - then why not be strategic about it?
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Re: Legal Studies Question Thread
« Reply #118 on: July 22, 2016, 09:26:18 pm »
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A warning is an official notice given to a young offender by an investigating officer, without any conditions attached. The warning is relatively informal – it can be given in any place but the officer must tell the offender the nature, purpose and effect of the warning. A warning cannot be given for an act of violence, a repeat offence or at the discretion of the investigating officer.

In this case are warning's recorded?

If less than 18 years old, then strip search can only be conducted if an independent responsible adult is present; no strip searches permitted for children under 10 years old

What does "strip searches" mean?

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #119 on: July 22, 2016, 11:33:43 pm »
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A warning is an official notice given to a young offender by an investigating officer, without any conditions attached. The warning is relatively informal – it can be given in any place but the officer must tell the offender the nature, purpose and effect of the warning. A warning cannot be given for an act of violence, a repeat offence or at the discretion of the investigating officer.

In this case are warning's recorded?

If less than 18 years old, then strip search can only be conducted if an independent responsible adult is present; no strip searches permitted for children under 10 years old

What does "strip searches" mean?

Yep! According to Section 17 of the Young Offender's Act, the warning is recorded, but it is then destroyed when the person in question reaches the age of 21.

A strip search is a broad term encompassing searches for hidden objects that require removal of some or all of the suspects clothing  :)