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Author Topic: HSC Legal Studies Question Thread  (Read 567979 times)  Share 

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Re: Legal Studies Question Thread
« Reply #540 on: November 23, 2016, 07:02:22 am »
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Thanks so much for the help! Can't believe I was going to not practise writing essays as I was too focused onto the themes and challenges, along with the legislations. Thanks, much appreciated!!

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Re: Legal Studies Question Thread
« Reply #541 on: November 25, 2016, 07:45:46 pm »
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Hey guys!! The thing is I handed in an essay for crime, and I received 10/15 !!  :o My teacher wrote that I was just putting content and putting a judgement, but was not proving my point, which dragged my mark down. I am so scared now for my assessment which is in a week as I was practising essays. SHould I make plans that are very detailed for each theme and challenge, and memorise that to make sure I am saying the purpose? So confused on what to do now after that mark!

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #542 on: November 25, 2016, 09:52:36 pm »
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Hey guys!! The thing is I handed in an essay for crime, and I received 10/15 !!  :o My teacher wrote that I was just putting content and putting a judgement, but was not proving my point, which dragged my mark down. I am so scared now for my assessment which is in a week as I was practising essays. SHould I make plans that are very detailed for each theme and challenge, and memorise that to make sure I am saying the purpose? So confused on what to do now after that mark!

Type up a paragraph from that essay and post it so I can see what they are talking about? ;D

Detailed plans for the themes and challenges aren't going to help too much with that specific issue (in my opinion), it's about practicing writing things in a way that proves your point. Unless you are having trouble remembering the arguments you want to use, of course.

You need to be taking your evidence and linking it to the theme, for example:

The 14.8% increase in prisoners held on remand in the last 12 months (according to BOSCAR) is clear evidence of the failure of the legal system to consider the fundamental right of innocence until proof of guilt, and thus, its ineffectiveness in recognising the rights of the offender.

In red is my content, the piece of evidence I'm presenting. In blue is my analysis of that content, what am I using it so say? What's the point? Then in green, my link to the theme/challenge; this must be explicit!

I'd be happy for you to post a paragraph of your work in that 10/15 essay and I'll see if I can give you some pointers? :)

Wales

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Re: Legal Studies Question Thread
« Reply #543 on: November 26, 2016, 04:11:07 pm »
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Hey all,

So I have my Legal Studies Task 1 Next week. It's based on a case SINGH V R and I've been given the transcript and a few news articles surrounding it. I've been told to focus on Law Reform and the case. It is based on the theme " The effectiveness of legal and non legal measures in achieving justice.

I'm going to assume I will need to research the influence of media and the public outcries regarding the case. I'm a bit lost as to how to structure a legal studies essay however, in Prelims I've followed the structure of Intro, stating facts and laws etc then a judgement/analysis and received a 17/20 for my Prelim. Should I take into any other considerations while writing the essay? 600 words approx.

I've studied the facts of the case and done some extra research. What should be my primary goal when writing the essay?

Regards, Wales
Heavy Things :(

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #544 on: November 26, 2016, 11:37:36 pm »
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Hey all,

So I have my Legal Studies Task 1 Next week. It's based on a case SINGH V R and I've been given the transcript and a few news articles surrounding it. I've been told to focus on Law Reform and the case. It is based on the theme " The effectiveness of legal and non legal measures in achieving justice.

I'm going to assume I will need to research the influence of media and the public outcries regarding the case. I'm a bit lost as to how to structure a legal studies essay however, in Prelims I've followed the structure of Intro, stating facts and laws etc then a judgement/analysis and received a 17/20 for my Prelim. Should I take into any other considerations while writing the essay? 600 words approx.

I've studied the facts of the case and done some extra research. What should be my primary goal when writing the essay?

Regards, Wales

Hey Wales! Super interesting case that one, spurred a heck of a lot of discussion and a major review of defences to murder in NSW. The subsequent reviews are what got rid of the 'Gay Panic' defence in NSW! :)

Your primary goal in the first stages of writing this essay will be to come up with ways you can tie the case to your arguments on justice (for example, does the use of the provocation defence represent justice being achieved, or is it restrictive to the retribution for the victim? You can read my guide on coming up with a strong Thesis, this is the main idea that carries through your response and so it must be strong! Essentially, you need to ask yourself in an overall sense, Was justice achieved in this case? Why/why not? That will be your Thesis.

As one idea for structure, you could do:

Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion


However, your word limit is a little short for this structure to be super effective in my opinion, so you might be better off doing:

Intro (100)
Effective Law Reform (200)
Ineffective Law Reform (200)
Conclusion (100)


In any case, in Year 12, an entire paragraph on facts is completely unnecessary. Facts are unnecessary in Year 12 because your focus must be on presenting a really strong argument!

So start your research, and focus on developing your opinions/arguments. That's the most important aspect of a Legal Studies essay ;D

Wales

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Re: Legal Studies Question Thread
« Reply #545 on: November 29, 2016, 06:00:33 pm »
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Hey Wales! Super interesting case that one, spurred a heck of a lot of discussion and a major review of defences to murder in NSW. The subsequent reviews are what got rid of the 'Gay Panic' defence in NSW! :)

Your primary goal in the first stages of writing this essay will be to come up with ways you can tie the case to your arguments on justice (for example, does the use of the provocation defence represent justice being achieved, or is it restrictive to the retribution for the victim? You can read my guide on coming up with a strong Thesis, this is the main idea that carries through your response and so it must be strong! Essentially, you need to ask yourself in an overall sense, Was justice achieved in this case? Why/why not? That will be your Thesis.

As one idea for structure, you could do:

Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion


However, your word limit is a little short for this structure to be super effective in my opinion, so you might be better off doing:

Intro (100)
Effective Law Reform (200)
Ineffective Law Reform (200)
Conclusion (100)


In any case, in Year 12, an entire paragraph on facts is completely unnecessary. Facts are unnecessary in Year 12 because your focus must be on presenting a really strong argument!

So start your research, and focus on developing your opinions/arguments. That's the most important aspect of a Legal Studies essay ;D

Thanks for the amazing overview. I'll be sure to establish a strong thesis and draft up my main points for arguments etc.

My question is how should I structure those individual paragraphs you listed? I'm assuming it follows some set structure like English eg Intro>Tech/Quote>Explanation>Link etc.

I was thinking something like Intro>State facts briefly>The effects on Society/Victim/Offender>Effectiveness>Link ?

Generally how should I back up my facts?

Thanks :)

Regards, Wales
Heavy Things :(

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #546 on: November 29, 2016, 09:09:43 pm »
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Thanks for the amazing overview. I'll be sure to establish a strong thesis and draft up my main points for arguments etc.

My question is how should I structure those individual paragraphs you listed? I'm assuming it follows some set structure like English eg Intro>Tech/Quote>Explanation>Link etc.

I was thinking something like Intro>State facts briefly>The effects on Society/Victim/Offender>Effectiveness>Link ?

Generally how should I back up my facts?

Thanks :)

Regards, Wales

Hey! Okay, cool question, there is a set structure you can follow but you can definitely play with it a little to suit the requirements of what you are writing. A little more flexible than English. You should do:

- Introduce the topic/idea
- Link it to the question/make your judgement
- Evidence/Analysis/Link to Question (so this is where you do the impacts on Victim/Offender/Society etc)
- Conclude

Notice there is no statement of facts, for the most part this is useless. You are writing for a Legal Studies teacher after all, they don't need to be told what specific terms mean or things like that. The only facts you need are the ones that back up your argument. For example, in the HSC, I got 20/20 for a domestic violence essay that didn't even properly define domestic violence. Why? Because the marker knows what that is already. Writing it is useless. Statements of fact that don't link to your argument are wasted words ;D

The facts you should have should be evidence; LCTMSR (or similar acronym). That is; laws, cases, treaties, media, reports, statistics, and anything else that (in your case) evidences either effective or ineffective law reform. These facts back up your argument, "Law reform has been effective," or, "Law reform has been ineffective." You can do one argument, or the other, or both ;D

The key though is evidence based writing. You should constantly be raising new pieces of evidence that back up your argument, or delving deeper into the one you already have ;D

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Re: Legal Studies Question Thread
« Reply #547 on: November 29, 2016, 11:32:18 pm »
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Thank you very much for the layout :) it's greatly appreciated. I'm currently reading through the news articles and finding excerpts to quote as my exam states I MUST reference at least one news attached article.

I'm also given a Trial Transcript. Would I be able to use that in my advantage in some manner? Eg quote specific parts or something along those lines. I really wish I prepared this earlier now lol. I'm going to keep that in mind for my next task.

Would you mind quickly reviewing a mock paragraph? I just want to make sure I've got a general gist before I go into the exam tomorrow afternoon :P

In an increasingly modernist and interconnected world the impact of non legal measures on presiding cases is increasing rapidly. During the R v Singh case the influence of Non Legal measures specifically the Media Outcries have directly pressured the government to amend the act as shown in the excerpt "Demand for reform to the law of provocation reached a peak in NSW last year following the conviction and sentencing of Chamonjot Singh". The excerpt demonstrates the effect of public protest when a injustice has been detected in society. Furthermore the impact of non legal measures is shown through the draft bill where select committee's were able to have presiding influence on the amendment specifically the provocation laws which stated that battered women would need to be considered as the amendments may disadvantage them. The influence of non legal measures can be seen in the excerpt " The government has stated that the draft bill reflects the policy intent of select committees" which underpins the idea that non legal measures may have a large influence in the legal system.  Overall Non Legal measures possess presiding presence and power within the legal system and ensure that justice is effectively maintained throughout the trial.

I know it's a pretty shabby paragraph and I've tried to keep it short but how is the structure? Should I be quoting excerpts like that or similarly?

Sorry if that paragraph hurt your eyes ._. It's pretty terrible I know. I've never really given much thought into the structure of writing a legal essay. No idea how I did decently through Year 11 without that if I'm honest.

Thanks :)

Regards, Wales
« Last Edit: November 29, 2016, 11:33:49 pm by Wales »
Heavy Things :(

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #548 on: November 30, 2016, 01:08:46 am »
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Would you mind quickly reviewing a mock paragraph? I just want to make sure I've got a general gist before I go into the exam tomorrow afternoon :P

I know it's a pretty shabby paragraph and I've tried to keep it short but how is the structure? Should I be quoting excerpts like that or similarly?

Sorry if that paragraph hurt your eyes ._. It's pretty terrible I know. I've never really given much thought into the structure of writing a legal essay. No idea how I did decently through Year 11 without that if I'm honest.

Thanks :)

Regards, Wales

Definitely can! See below:

Paragraph with Comments
In an increasingly modernist and interconnected world the impact of non legal measures on presiding cases is increasing rapidly. Excellent topic sentence (at least in isolation, as long as it links to your grander idea). During the R v Singh case the influence of Non Legal measures specifically the Media Outcries have directly pressured the government to amend the act as shown in the excerpt "Demand for reform to the law of provocation reached a peak in NSW last year following the conviction and sentencing of Chamonjot Singh". Which act? Further, quoting media articles in this way isn't the best way to use them. You are better off paraphrasing the idea into your own words to make it fit, then referencing appropriately. EG - (TITLE, Sydney Morning Herald 2015). This does work, but do make sure you say where the quote came from! The excerpt demonstrates the effect of public protest when a injustice has been detected in society. It does seem like the excerpt did the work you should have done there. Furthermore the impact of non legal measures is shown through the draft bill where select committee's were able to have presiding influence on the amendment specifically the provocation laws which stated that battered women would need to be considered as the amendments may disadvantage them. What laws are we discussing here? Try to reference them properly and with the correct format, eg, Crimes Act 1900 (NSW). The influence of non legal measures can be seen in the excerpt " The government has stated that the draft bill reflects the policy intent of select committees" which underpins the idea that non legal measures may have a large influence in the legal system.  Again, where is this quote from? Overall Non Legal measures possess presiding presence and power within the legal system and ensure that justice is effectively maintained throughout the trial.

On the contrary, I think this is pretty good! The structure is fine, you introduce and conclude nicely, and you are jumping from evidence to evidence nicely. My main comment would be on referencing things properly. See below for the proper format for laws (or bills in this case) and cases:

R v Singh (2012)
Crimes Amendment (Provocation) Bill 2014 (NSW)

For media articles, you are flexible, but you do need to include something like (TITLE, Sydney Morning Herald 2016) so we know where it is from. That said, I think right now you are relying too heavily on the excerpt to do the work for you. Try paraphrasing; this way you are still doing the work, but you are quoting a source to back you up.

The case of R v Singh (2012) received extensive media coverage, epitomised by articles such as (TITLE, Sydney Morning Herald 2016). This coverage...

It totally depends what you want to do with it, but in general, try to have a really good reason to include a direct quote from a media article (and it should be short). It's not quite like English in that sense :)

Wales

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Re: Legal Studies Question Thread
« Reply #549 on: November 30, 2016, 02:15:10 pm »
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Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion





Prophet Jamon :P My question was "To what extent have Legal and Non Legal measures have achieved justice for the Victim, Offender and Society.

Thanks for the help :) Feel like I wrote a decent essay.
Heavy Things :(

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Re: Legal Studies Question Thread
« Reply #550 on: November 30, 2016, 02:57:45 pm »
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Prophet Jamon :P My question was "To what extent have Legal and Non Legal measures have achieved justice for the Victim, Offender and Society.

Thanks for the help :) Feel like I wrote a decent essay.

Haha golden! It's really common to define justice in that way, because it's a theme/challenge, doesn't take too much supernatural prophecy ;) glad it went well for you! ;D

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Re: Legal Studies Question Thread
« Reply #551 on: December 01, 2016, 06:40:46 pm »
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Type up a paragraph from that essay and post it so I can see what they are talking about? ;D

Detailed plans for the themes and challenges aren't going to help too much with that specific issue (in my opinion), it's about practicing writing things in a way that proves your point. Unless you are having trouble remembering the arguments you want to use, of course.

You need to be taking your evidence and linking it to the theme, for example:

The 14.8% increase in prisoners held on remand in the last 12 months (according to BOSCAR) is clear evidence of the failure of the legal system to consider the fundamental right of innocence until proof of guilt, and thus, its ineffectiveness in recognising the rights of the offender.

In red is my content, the piece of evidence I'm presenting. In blue is my analysis of that content, what am I using it so say? What's the point? Then in green, my link to the theme/challenge; this must be explicit!

I'd be happy for you to post a paragraph of your work in that 10/15 essay and I'll see if I can give you some pointers? :)

Hey. I just saw this now!! I don't have my essay but I am starting from scratch and have my assessment with only 4 days to prepare!! I am writing controlling ideas for each dot pint and then practising essays under exam conditions. Do you guys have any advice or practise questions for the criminal trial process I can do?? I'm really scared and so upset this has happened

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Re: Legal Studies Question Thread
« Reply #552 on: December 01, 2016, 07:22:27 pm »
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Hey. I just saw this now!! I don't have my essay but I am starting from scratch and have my assessment with only 4 days to prepare!! I am writing controlling ideas for each dot pint and then practising essays under exam conditions. Do you guys have any advice or practise questions for the criminal trial process I can do?? I'm really scared and so upset this has happened

Don't be nervous! If you work hard you will do better in the real thing; don't worry! This is just the start of the year, everyone has kinks in their writing that need to be ironed out ;D

Still keen to give you a hand, but I need to see your writing style. You have enough posts to get an essay marked, so here is what I think you should do. Answer the question below to the best of your ability, the post it here and I'll mark it. Hell, even a paragraph! That way I can give you some specific help about where your writing can be improved ;D

Practice Question #1: To what extent does the criminal trial process achieve just outcomes?
Practice Question #2: Evaluate the effectiveness of judicial discretion in balancing the rights of offenders, victims and society in Australia.

Don't freak out! This is no big deal, seriously, just relax and work hard to improve as much as you can before your assessment, but no point getting really worried over a single task at the start of Year 12! Not worth it at all, this is still the time for improving skills  8)

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Re: Legal Studies Question Thread
« Reply #553 on: December 09, 2016, 01:07:39 pm »
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Hey can u pls help me with this question:
To what extent does the criminal trial process balance the rights of victims, suspects and society?

Thanks

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Re: Legal Studies Question Thread
« Reply #554 on: December 09, 2016, 03:10:22 pm »
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Hey can u pls help me with this question:
To what extent does the criminal trial process balance the rights of victims, suspects and society?

Thanks

Hey Becky! Welcome to the forums! ;D

I'd be happy to give you some tips. The key to this question, before I say anything, is to make a judgement. You need to say it's good, it's bad, it's ugly; lots of evaluative adjectives. Your specific judgement should be set up in your Thesis paragraph :)

I suggest you start by brainstorming how the legal system protects offenders, how it protects victims, how it protects society.

For example, look at legislation. The legal system protects victims through things like the Victims Rights Act. It protects society through additional police powers, detailed in LEPRA and subsequent amendments to LEPRA. It protects offenders through certain restrictions to police powers, also in LEPRA, or could also talk about things like juries (Jury Act).

For cases, you can find some examples of when the offender is looked after, or when the victim is looked after. It is up to you to make that judgement. For example, in the case of R v Singh (2012, the successful use of provocation arguably represents effective protection and recognition of the rights of the offender. These are the sorts of judgements you need to make :)

But that's how you should start; with some brainstorming! Feel free to bounce some ideas off of us ;D