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March 29, 2024, 12:01:28 am

Author Topic: HSC Legal Studies Question Thread  (Read 568024 times)  Share 

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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #135 on: July 24, 2016, 10:22:58 pm »
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Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?

Humans can be trafficked within borders - but the syllabus definitely focuses on the trafficking of humans between borders in the transnational crime section of the syllabus :)

Check out the case: R V Tang 2009
There's a lot of commentary about this case, and also commenting on human trafficking beyond the case as well!
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isaacdelatorre

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Re: Legal Studies Question Thread
« Reply #136 on: July 24, 2016, 10:45:55 pm »
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Humans can be trafficked within borders - but the syllabus definitely focuses on the trafficking of humans between borders in the transnational crime section of the syllabus :)

Check out the case: R V Tang 2009
There's a lot of commentary about this case, and also commenting on human trafficking beyond the case as well!

Omg, yes I totally forgot that human trafficking can occur domestically. Sorry for that, it slipped my mind. Was too focused on the international aspect of it. Thanks for picking up on that :)
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n.cummins

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Re: Legal Studies Question Thread
« Reply #137 on: July 25, 2016, 02:28:03 pm »
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Hi! Just wondering if anyone could give me any cases that establish the common law definition of motherhood? Thanks in advance.

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #138 on: July 25, 2016, 03:27:01 pm »
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Hi! Just wondering if anyone could give me any cases that establish the common law definition of motherhood? Thanks in advance.

Hey there! Welcome to the forums! Let me know if you need any help finding anything, happy to have you around  ;D

I'm not sure of a case specifically that defines the common law definition of motherhood, that's heavily rooted within the FLA. That said, I know of a Family Court case, Re: Michael (2009), that is a great modern example of those laws being applied. This article might be worth a read  ;D

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #139 on: July 25, 2016, 07:23:35 pm »
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Omg, yes I totally forgot that human trafficking can occur domestically. Sorry for that, it slipped my mind. Was too focused on the international aspect of it. Thanks for picking up on that :)

Hey no problem! The focus is vastly on trafficking between borders, so you're not wrong in what you said! :)
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anotherworld2b

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Re: Legal Studies Question Thread
« Reply #140 on: July 25, 2016, 07:56:19 pm »
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Hi was wondering if i could get help with understanding the difference between preferential and proportional voting system

angiezhang9

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Re: Legal Studies Question Thread
« Reply #141 on: July 25, 2016, 09:25:26 pm »
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Hey Elyse,

Hope you are well :)

I found this Human Rights question in a past paper and I wasn't sure how I should answer it:

With Reference to examples, outline how common law protects human rights within Australia?

Do common law examples just mean to reference cases?

Thanks heaps :)

Essej

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Re: Legal Studies Question Thread
« Reply #142 on: July 25, 2016, 09:35:37 pm »
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Hey Elyse,

Hope you are well :)

I found this Human Rights question in a past paper and I wasn't sure how I should answer it:

With Reference to examples, outline how common law protects human rights within Australia?

Do common law examples just mean to reference cases?

Thanks heaps :)

Hi Angie, I might be able to help here!

I just finished the 2014 CSSA legal trial and found the question I believe you're asking, is it Question 23 (5 Marks)?

In regards to examples i don't believe cases are completely necessary but you can use them to show an enaction of how common law protects rights.

We know that common law is judge-made law, so that encompasses things like procedural fairness and its stipulated right to a fair trial which I used in my answer. You could use a case here I suppose (I used R v. Wood (2008) and the retrial ordered by the judge due to juror misconduct) to display how common law can prevent the abuse of the human rights and the right to equality, especially before the law.

Hope this helps!
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #143 on: July 25, 2016, 11:15:45 pm »
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Hi Angie, I might be able to help here!

I just finished the 2014 CSSA legal trial and found the question I believe you're asking, is it Question 23 (5 Marks)?

In regards to examples i don't believe cases are completely necessary but you can use them to show an enaction of how common law protects rights.

We know that common law is judge-made law, so that encompasses things like procedural fairness and its stipulated right to a fair trial which I used in my answer. You could use a case here I suppose (I used R v. Wood (2008) and the retrial ordered by the judge due to juror misconduct) to display how common law can prevent the abuse of the human rights and the right to equality, especially before the law.

Hope this helps!

Love the answer Essej! All of these would be excellent to include, I do disagree a tad though, a case would be essential here in my opinion, especially given that the question states 'with reference to examples.' Common law is precedent, set by prior cases, so including a case which forms part of this precedent would be a necessary inclusion, R v Wood (2008) being a fantastic one to use ;D

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #144 on: July 25, 2016, 11:23:30 pm »
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Hi was wondering if i could get help with understanding the difference between preferential and proportional voting system

Oooh, I remember studying this properly in Prelim, but my memory is hazy. Try this resource, it might help better than me!!  ;D

angiezhang9

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Re: Legal Studies Question Thread
« Reply #145 on: July 26, 2016, 12:00:55 pm »
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Love the answer Essej! All of these would be excellent to include, I do disagree a tad though, a case would be essential here in my opinion, especially given that the question states 'with reference to examples.' Common law is precedent, set by prior cases, so including a case which forms part of this precedent would be a necessary inclusion, R v Wood (2008) being a fantastic one to use ;D

Thanks so much Essej and Jamon :)

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #146 on: July 26, 2016, 01:11:16 pm »
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Thanks so much Essej and Jamon :)

I'm late to the party...but I agree with all of the above :P
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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #147 on: July 26, 2016, 04:50:08 pm »
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ATT: Your Young Offenders study notes need to incorporate what is happening at the moment! Last night, Four Corners exposed atrocities in a Northern Territory Juvenile Detention Centre. Malcolm Turnbull called for a Royal Commission first thing this morning! This is the biggest thing to happen in Young Offenders this year! Watch the Four Corners episode if you can - it's available online. And then read the commentary surrounding it.
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jamie anderson

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Re: Legal Studies Question Thread
« Reply #148 on: July 26, 2016, 05:28:00 pm »
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Hey guys how would i prepare for the essays in my trials as in what should i remember etc i know i have to remember case law/media articles and legislation however since there is so much stuff to remember i feel overwhelmed and not sure what to do.

Thanks

anniez

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Re: Legal Studies Question Thread
« Reply #149 on: July 26, 2016, 05:31:49 pm »
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Hi! I was wondering if you could please help me with this human rights question?

'Outline how human rights have changed and developed over time.' (4 marks)
 
What I'm thinking is focusing on a particular human rights like freedom from slavery then focus on the developments for that particular right with reference to international and domestic legislations. How much information  and what crucial points would we need to incorporate for this question? :)