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Author Topic: HSC Legal Studies Question Thread  (Read 568055 times)  Share 

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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #450 on: October 31, 2016, 11:19:50 pm »
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Hey, it is okay if you can please mark this and give me feedback. R2P confuses me so much :(

Sure thing atar!

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Responsibility to Protect
As the sovereign powers of states allow them to neglect their responsibility to protect their population, R2P places a secondary obligation for international assistance. I feel like this could be expressed a little more clearly; who does the obligation lie with? That's the main piece of info that's missing for me. The idea is still clear though ;D This reform rose in response to the controversy that raged over wether the international community had the ‘right of international intervention’ in the conflict of Rwanda, Bosnia and Kosovo. Nice piece of historical context. Adoption of the new doctrine represented an international commitment by states to prevent and react to grave crisis wherever they may occur. R2P’s Pillar Two constitutes that the international community has a responsibility to assist the state to fulfil its primary responsibility. However, a speech given at the General Assembly Thematic Dialogue on the Responsibility to Protect 2009 outline the issues in R2P as an example of ‘dominant law making’ as the notions of ‘manifestly failing’ significantly sharpened the UN Charter Article 42. This feels like a critique without substance right now, since you've not done any analysis yourself, if you know what I mean? I'd prefer you to make your own points about effectiveness first, give me an example, THEN back it up with this sort of secondary evidence. Yet, the R2P’s effectiveness is demonstrated within Libya after the UNSC successfully ordered creasers of Gaddafi strongholds and enforced a ‘no fly zone’. How does this demonstrate effectiveness? Effective, why? Ramesh Thanker states in ‘Has  R2P worked in Libya 2011 that, ‘The outcome is a triumph and first and foremost for the citizen soldiers. It is a triumph secondary for R2P’. It is successful as it abolishes the enforceability restraint that was perviously associated with the UNSC. Cool! There we go, excellent, would you have an example of this constraint manifesting elsewhere? Whilst R2P was effective in Libya, Syria represents a contemporary issue that has been ineffectively responded to, largely due to consistent veto’s by SC members. Thus demonstrating the ineffectiveness of R2P; remember to consistently link to the main idea explicitly! According to the Telegraph article, ‘UN no longer fit for purpose after Syria says Amnesty’ 2012 the Amnesty Security General states that the UN is ‘tired out of step and anachronistic’ as Russia has vetoed sanctions, arms embargo and referral to the ICC. Yet, in 2016 a recent BBC article, ‘Syria Conflict: US and UK rhetoric ‘unacceptable’ Russia, states that Mr Peskov acknowledged the truce deal had been ‘not very effective’, but insisted that Moscow ‘definitely remains hopeful, and most importantly it retain the political will to apply as much effort as possible to find a steady path for political settlement in Syria’ Excellent integration of media articles! This explicitly highlights the effectiveness of the R2P doctrine in attempting to create cooperation. You've presented a two sided argument; try and have a two-sided conclusion!

I think that you are covering the main arguments that would be essential in an R2P paragraph! Good discussion of paralysis by vetos, intervention in crises, etc etc ;D

Mostly my recommendations would be more on analytical style than anything else! Make sure you are consistently linking back to the argument you are making on R2P, and if you want to cover positives and negatives, make this obvious at the start and finish!

That said; I think you understand R2P very well! Nicely done ;D


Rd2487

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Re: Legal Studies Question Thread
« Reply #451 on: November 01, 2016, 07:45:49 am »
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Just wondering for the family law elective, if the question asks on contemporary issues, Is it fine to include domestic violence as one or does it have to be only from the four listed??

caninesandy

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Re: Legal Studies Question Thread
« Reply #452 on: November 01, 2016, 08:46:42 am »
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Hey ATARNotes! :D

I am so excited to have legal studies tomorrow as my last exam!!! One of my favourite subjects :)
I was wondering how you reckon we should study today, the day before? :D How can we most efficiently use our time today? Practice questions? Refine arguments?

Thank you  ;D
"Be strong and courageous, do not be afraid or tremble at them, for the LORD your God is the one who goes with you He will not fail you or forsake you."

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #453 on: November 01, 2016, 10:12:57 am »
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Just wondering for the family law elective, if the question asks on contemporary issues, Is it fine to include domestic violence as one or does it have to be only from the four listed??

Hey! You might be able to make it work, but I think your best bet is to stick to the four indicated in the syllabus ;D

rinagee12

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Re: Legal Studies Question Thread
« Reply #454 on: November 01, 2016, 10:16:08 am »
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Question re: world order - when evaluating the effectiveness of international responses to world order issues, is it okay to just focus on how well they've resolved contemporary issues specifically, and not really mention their past achievements? Basically I want to evaluate Sudan/North Korea/Syria conflicts but I'm not sure if I would also have to evaluate past conflicts like Rwanda.
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #455 on: November 01, 2016, 10:30:56 am »
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Hey ATARNotes! :D

I am so excited to have legal studies tomorrow as my last exam!!! One of my favourite subjects :)
I was wondering how you reckon we should study today, the day before? :D How can we most efficiently use our time today? Practice questions? Refine arguments?

Thank you  ;D

There will be an article about this up in the next few hours!! Keep an eye on the forums ;D

captainclank

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Re: Legal Studies Question Thread
« Reply #456 on: November 01, 2016, 10:33:23 am »
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Hey I'm not sure how I would approach a question on young offenders on compliance.

Such as "Assess how the legal system deals with problems of non-compliance among young offenders"

Thanks  :D

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #457 on: November 01, 2016, 10:37:00 am »
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Question re: world order - when evaluating the effectiveness of international responses to world order issues, is it okay to just focus on how well they've resolved contemporary issues specifically, and not really mention their past achievements? Basically I want to evaluate Sudan/North Korea/Syria conflicts but I'm not sure if I would also have to evaluate past conflicts like Rwanda.

That is definitely okay! Historical stuff is just one tool in the box; you don't necessarily need to use it (contemporary stuff is almost always better anyway) ;D

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #458 on: November 01, 2016, 10:38:47 am »
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Hey I'm not sure how I would approach a question on young offenders on compliance.

Such as "Assess how the legal system deals with problems of non-compliance among young offenders"

Thanks  :D

A super unlikely question, but you could use:

- The Three Tier System as a way to encourage compliance through rehabilitation
- The Childrens Court (and its procedures) as a way to encourage compliance for children specifically
- Sentencing considerations for children, and how they encourage compliance/non-compliance

;D

caninesandy

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Re: Legal Studies Question Thread
« Reply #459 on: November 01, 2016, 11:16:12 am »
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Hey I'm not sure how I would approach a question on young offenders on compliance.

Such as "Assess how the legal system deals with problems of non-compliance among young offenders"

Thanks  :D

If a question like that comes I'll probably just cry.  :'(
"Be strong and courageous, do not be afraid or tremble at them, for the LORD your God is the one who goes with you He will not fail you or forsake you."

atar27

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Re: Legal Studies Question Thread
« Reply #460 on: November 01, 2016, 11:52:54 am »
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Sure thing atar!

Click Here for Feedback
Responsibility to Protect
As the sovereign powers of states allow them to neglect their responsibility to protect their population, R2P places a secondary obligation for international assistance. I feel like this could be expressed a little more clearly; who does the obligation lie with? That's the main piece of info that's missing for me. The idea is still clear though ;D This reform rose in response to the controversy that raged over wether the international community had the ‘right of international intervention’ in the conflict of Rwanda, Bosnia and Kosovo. Nice piece of historical context. Adoption of the new doctrine represented an international commitment by states to prevent and react to grave crisis wherever they may occur. R2P’s Pillar Two constitutes that the international community has a responsibility to assist the state to fulfil its primary responsibility. However, a speech given at the General Assembly Thematic Dialogue on the Responsibility to Protect 2009 outline the issues in R2P as an example of ‘dominant law making’ as the notions of ‘manifestly failing’ significantly sharpened the UN Charter Article 42. This feels like a critique without substance right now, since you've not done any analysis yourself, if you know what I mean? I'd prefer you to make your own points about effectiveness first, give me an example, THEN back it up with this sort of secondary evidence. Yet, the R2P’s effectiveness is demonstrated within Libya after the UNSC successfully ordered creasers of Gaddafi strongholds and enforced a ‘no fly zone’. How does this demonstrate effectiveness? Effective, why? Ramesh Thanker states in ‘Has  R2P worked in Libya 2011 that, ‘The outcome is a triumph and first and foremost for the citizen soldiers. It is a triumph secondary for R2P’. It is successful as it abolishes the enforceability restraint that was perviously associated with the UNSC. Cool! There we go, excellent, would you have an example of this constraint manifesting elsewhere? Whilst R2P was effective in Libya, Syria represents a contemporary issue that has been ineffectively responded to, largely due to consistent veto’s by SC members. Thus demonstrating the ineffectiveness of R2P; remember to consistently link to the main idea explicitly! According to the Telegraph article, ‘UN no longer fit for purpose after Syria says Amnesty’ 2012 the Amnesty Security General states that the UN is ‘tired out of step and anachronistic’ as Russia has vetoed sanctions, arms embargo and referral to the ICC. Yet, in 2016 a recent BBC article, ‘Syria Conflict: US and UK rhetoric ‘unacceptable’ Russia, states that Mr Peskov acknowledged the truce deal had been ‘not very effective’, but insisted that Moscow ‘definitely remains hopeful, and most importantly it retain the political will to apply as much effort as possible to find a steady path for political settlement in Syria’ Excellent integration of media articles! This explicitly highlights the effectiveness of the R2P doctrine in attempting to create cooperation. You've presented a two sided argument; try and have a two-sided conclusion!

I think that you are covering the main arguments that would be essential in an R2P paragraph! Good discussion of paralysis by vetos, intervention in crises, etc etc ;D

Mostly my recommendations would be more on analytical style than anything else! Make sure you are consistently linking back to the argument you are making on R2P, and if you want to cover positives and negatives, make this obvious at the start and finish!

That said; I think you understand R2P very well! Nicely done ;D

Thank you!

atar27

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Re: Legal Studies Question Thread
« Reply #461 on: November 01, 2016, 11:53:58 am »
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How would you answer a question like this?
Describe the role of separation of powers in promoting and enforcing human rights in Australia.

Lauradf36

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Re: Legal Studies Question Thread
« Reply #462 on: November 01, 2016, 12:07:26 pm »
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What cases do you guys have for same sex relationships in family law?
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atar27

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Re: Legal Studies Question Thread
« Reply #463 on: November 01, 2016, 12:19:32 pm »
+1

What cases do you guys have for same sex relationships in family law?

In regards to the property (relationships) act 1984 (NSW) - Howard v Andrews: After Maurice Andrew's death, Matthew receives significantly less than a heterosexual patent would have automatically inherited
Shoes the ineffectiveness of recognising same Sex couples.

The Miscellaneous Act Amendment (Same Sex Relationships) Act 2008 (NSW) - W v G 1996: two women living together both wanted children. Later got separated and one of them sought compensation for the loss of promised finicau all support and was successful.

There is an SBS insight: Gay Marriage (2013) which explores political barriers to the acceptance of same sawn marriage in Australia and also shows various advocates for law reform such as penny wong

Hope this helps :)
Phew good practice hahahah :)

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #464 on: November 01, 2016, 12:32:48 pm »
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How would you answer a question like this?
Describe the role of separation of powers in promoting and enforcing human rights in Australia.

Essentially, it ensures that no particular arm of the government can breach human rights, because they act as checks on one another. You could also discuss the judiciary interpreting and applying human rights legislation developed by the legislature and applied by the executive ;D