HSC Legal Studies Question Thread

[bethtyso]

Hi, i was just wondering what role did the extradition treaty play in the Bali Nine Case?
Thanks 

[jamonwindeyer]

Hi, i was just wondering what role did the extradition treaty play in the Bali Nine Case?
Thanks 

Hey there!

So the Extradition Treaty didn't play a huge role in the Bali Nine Case, specifically, the arrest and subsequent execution of Andrew Chan and Myuran Sukumaran. Instead, that was the Federal Police Act, which enabled the AFP to alert Indonesian authorities to the smugglers, which lead to them being arrested in Indonesia. The argument is that the arrest should have been made here instead of in Indonesia, where the men would not have been executed.

Australia and Indonesia do have an extradition agreement. However, that requires mutual agreement to extradite. The crime took place in Indonesia, and so, Indonesia trialled and prosecuted the duo under Indonesia Law. The Australian government did not pursue extradition, and indeed, Indonesia were likely not to have cooperated anyway.

That's a little bit of a run down of my knowledge of the case, there will definitely be more if you do some research! hope this helps!

[naeza98]

Hi i was just wondering how you studied for the contemporary human rights issue? the issue i studied is human trafficking and while the textbooks have lots of information regarding the legal and non legal responses to the issue, the HSC questions dont typically ask for the effectiveness of these responses and i when i'm practicing past hsc questions i find that i don't have any information to answer the questions.

[elysepopplewell]

Hi i was just wondering how you studied for the contemporary human rights issue? the issue i studied is human trafficking and while the textbooks have lots of information regarding the legal and non legal responses to the issue, the HSC questions dont typically ask for the effectiveness of these responses and i when i'm practicing past hsc questions i find that i don't have any information to answer the questions.

The cool thing about this section of the syllabus is that you get to choose something that you really enjoy. For me, it was more practical to learn about specific cases, and then analyse how the legal and non-legal responses worked for that particular case. So I probably had about 3 or 4 cases of trafficking (I did it too!) and worked on them for my study notes. However, I really only used R V Tang in any of my responses about it. It's also important to know the statistics for something like trafficking! The stats are out there and are available. Try get the most updated stats and they'll work in nearly any human rights response, it's as simple as embedding it into a sentence.

Reading articles about human trafficking is also extremely helpful. There are TONNES online. Particularly, commenting by UN staff is very valuable

[abradley]

Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx

[jamonwindeyer]

Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx

Hey there! I'm afraid I'll be a rotten help on ineffectiveness of property division, I didn't frame my arguments that way for the HSC. That said, the case of Marks & Xander (2016) might be worth a look, it deals with property division and financial agreements, but it is for a De-Facto relationship, could still be useful

Historically, divorce proceedings were rotten before the Family Law Act was introduced (along with 'no fault' divorce), and along with this came extremely ineffective property distribution. You could consider changes over time which have improved effectiveness?

Hmm, that's about all I have for ineffectiveness off the top of my head actually... You can tell Family Law was my weaker option I hope even these couple of ideas give you some launching points!

In terms of linking to criteria (efficiency, accessibility, etc), just do it in a way that feels natural. Do YOU think that the response is too slow? Write that. Do YOU think that the response only favours the wealthy? Argue that it is inaccessible. Just think about what you personally consider as the issue with the response, why do YOU think it is ineffective? Links to the criteria will come implicitly from there, including them is secondary to arguing a point validly, and that is best done by taking your own critical, evaluative approach

Edit: Oh, also definitely make it clear that independent property settlement agreements are WAY better than those imposed by the Family Court. Over 90% of property settlements are conducted independently of the courts, because court is:

a) Expensive
b) Slow
c) Probably will achieve a worse outcome than just talking about it would

[elysepopplewell]

Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx

I wouldn't talk about the division of property without talking about the division of assets and finances as a whole - the main reason being that I just don't know enough about the division of property on its own! So, everything Jamon said, I agree with. I was particularly interested in the court looking at contributions to a marriage outside of finance. There are a bunch of cases that swung different ways about it. It's broader than property division, but still encompasses it?

Are you considering during a separate paragraph on finance division? Or are you planning to fuse them?

Interesting articles:

Divorced mums the financial losers: http://thehoopla.com.au/women-financial-losers-divorce/


And this FCA page details some really good responses to the asset and finance division questions: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/property-and-finance/property-and-money-after-separation/property-and-finances-after-separation

[Deng]

Hey guys, i was wondering what are the best ways to study for option topics?

Thanks

[elysepopplewell]

Hey guys, i was wondering what are the best ways to study for option topics?

Thanks

In the options, I definitely showed bias towards the sections that were most interesting to me. In family law, I wanted to avoid birth technologies and wanted to focus on DV and same-sex relationships. Naturally, I spent more time with my preferred sections (which paid well when the exam question in the HSC was on DV!). The way that I made the other sections of the syllabus in the options more interesting was through studying cases and media. I let the cases be my vehicle for learning essentially, because it made things interesting.

When it came to my final study for the HSC exams, I wrote a page of notes for each dot point. Just one page, I wouldn't let it go over. And I used colours and textas and then I laminated the sheet in the end. I'd wrote a few notes of the things that come to mind immediately, then I'd write down some cases, media articles, stats and facts, general content, legal and non legal responses, and relevant legislation or treaties. I'd organise it in boxes or titles on the page and it ended up being a really useful tool for the last minute study, because they were so succinct. So, that was my approach! I wasn't so much about looking at past papers and guessing the trends for the options as I was for crime, and I don't know for sure why that is but it just didn't seem to be the most effective way for me to study. So for me, I found my interest in cases, and then I organised my study notes in that per page dot point summary

[jamonwindeyer]

Hey guys, i was wondering what are the best ways to study for option topics?

Thanks

Hey Deng! In general, on top of what Elyse has suggested, this article might give you a few more ideas of things to try!

[melprocrastinator]

Hey i thnk a while back Jamon wrote a post on how he reccomends studying for legal, can anyone link it for me!
Thankyou

[melprocrastinator]

Hey
I was just thinking about the exam, and the section that most scares me is crime! it has the most marks in it, but i have no idea how to study for it. Do i need a law and case for every dot point? the trials Crime question has really scared me, and im just not sure how to make sure im ready for any crime question they throw at me. If they ask broader questions like Young offendes, international crime etc, but if they get really specific like they did in trials im lost.
any help would be greatly appreciated

[elysepopplewell]

Hey
I was just thinking about the exam, and the section that most scares me is crime! it has the most marks in it, but i have no idea how to study for it. Do i need a law and case for every dot point? the trials Crime question has really scared me, and im just not sure how to make sure im ready for any crime question they throw at me. If they ask broader questions like Young offendes, international crime etc, but if they get really specific like they did in trials im lost.
any help would be greatly appreciated

Hey i thnk a while back Jamon wrote a post on how he reccomends studying for legal, can anyone link it for me!
Thankyou

Heya! Check out these here.
This is Jamon's guide on how to get a band 6 (involves study tips!).
Here is a guide to the course, which I think you'll find really useful for your question about crime scaring you!
Here is the guide for how to study.
Here are 7 legal mistakes to avoid!
Finally, here are the themes and challenges for crime and human rights, which will help a lot for your study and your notes!

[melprocrastinator]

Heya! Check out these here.
This is Jamon's guide on how to get a band 6 (involves study tips!).
Here is a guide to the course, which I think you'll find really useful for your question about crime scaring you!
Here is the guide for how to study.
Here are 7 legal mistakes to avoid!
Finally, here are the themes and challenges for crime and human rights, which will help a lot for your study and your notes!

Thankyou so much xx Also extension English was okay, not too Crazy, except the short story stimulus for comedy was strange, but our teacher told us it would be, since it is comedy.

[conic curve]

Guys do you think excel legal studies is worth using?