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March 29, 2024, 05:47:33 am

Author Topic: HSC Legal Studies Question Thread  (Read 568067 times)  Share 

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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #630 on: March 02, 2017, 04:52:44 am »
+1
Hello! Was wondering whether anyone had a case example for each of the human rights in the 'developing recognition of HR' points in the HSC syllabus

Cheers

Hey h_blair :)
In my own study notes for this, I didn't put a traditional court case for each, but I knew the main events that lead to each human right being recognised. So for the abolition of slavery, I knew that the American Civil War was a big case there. I didn't know dates or national conflict particularities or anything like that, but simply that it was the way that one nation went about the recognition of the human right to be free from slavery. I had a palm card of notes on each of these topics, because the most you could be asked is a short answer response. So that's how I structured my notes for these points :)

Usually textbooks do a good job of picking out the most relevant events and cases for each of these human rights, although I did do some more digging online.
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Aaron12038488

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Re: Legal Studies Question Thread
« Reply #631 on: March 03, 2017, 07:05:51 pm »
0
So I got my first assignment in Legal (Yr11) and I was unsure what it means by 'legal responses to the issue'.

anotherworld2b

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Re: Legal Studies Question Thread
« Reply #632 on: March 03, 2017, 07:35:09 pm »
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I was wondering would anyone know a good site or personal notes on the decline of parliament thesis?

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #633 on: March 03, 2017, 07:50:27 pm »
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So I got my first assignment in Legal (Yr11) and I was unsure what it means by 'legal responses to the issue'.

Hey Aaron! Legal responses refers primarily to courts and legislation, but in general refers to any government strategies, parliamentary responses, court led initiatives (etc) - Anything linked directly to the law makers or those who implement the law ;D

Non legal responses are things like the media, and NGO's :)

Aaron12038488

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Re: Legal Studies Question Thread
« Reply #634 on: March 03, 2017, 07:53:55 pm »
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So I'm doing the Port Arthur Massacre, so should I talk about the events that occurred, or what amendments and sentencing was given.

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #635 on: March 03, 2017, 08:05:26 pm »
+1
So I'm doing the Port Arthur Massacre, so should I talk about the events that occurred, or what amendments and sentencing was given.

Definitely the sentence for the offender and the resultant amendments - What actually happened is relatively unimportant ;D

damecj

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Re: Legal Studies Question Thread
« Reply #636 on: March 04, 2017, 02:16:31 pm »
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Hey,
I'm struggling with my international crime essay. I have a paragraph on domestic measures which includes the AFP and Australian Border force but I'm not too sure how effective the domestic measures are in dealing with transnational crime
Any help would be much appreciated

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #637 on: March 04, 2017, 03:06:38 pm »
+1
Hey,
I'm struggling with my international crime essay. I have a paragraph on domestic measures which includes the AFP and Australian Border force but I'm not too sure how effective the domestic measures are in dealing with transnational crime
Any help would be much appreciated

Hey! Welcome to the forums! ;D

That sounds like a great start - Ultimately it is up to you whether you say it is ineffective/effective, but those are great things to cover. Try and find some media articles on recent 'drug busts' as evidence for their effectiveness! ;D

The one other piece of advice I'd give for international crime is to write about bilateral cooperation; nation states cooperating to prosecute criminals. You could use the Bali Nine, particularly the more recent executions, as a detailed case study. You could also talk about extradition, when a country deports a criminal to another country to face prosecution - This demonstrates marked effectiveness in responding to transnational criminal actions. USA v Griffiths (2004) is a good case to use as evidence there, and there are lots of bilateral extradition treaties that Australia is a signatory to :)

But in terms of effectiveness/ineffectiveness - There is no correct answer! It's up to you to choose your side and argue the point effectively ;D

damecj

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Re: Legal Studies Question Thread
« Reply #638 on: March 04, 2017, 03:17:16 pm »
0
Hey! Welcome to the forums! ;D

That sounds like a great start - Ultimately it is up to you whether you say it is ineffective/effective, but those are great things to cover. Try and find some media articles on recent 'drug busts' as evidence for their effectiveness! ;D

The one other piece of advice I'd give for international crime is to write about bilateral cooperation; nation states cooperating to prosecute criminals. You could use the Bali Nine, particularly the more recent executions, as a detailed case study. You could also talk about extradition, when a country deports a criminal to another country to face prosecution - This demonstrates marked effectiveness in responding to transnational criminal actions. USA v Griffiths (2004) is a good case to use as evidence there, and there are lots of bilateral extradition treaties that Australia is a signatory to :)

But in terms of effectiveness/ineffectiveness - There is no correct answer! It's up to you to choose your side and argue the point effectively ;D

Thank you very much for your very helpful reply! When talking about the Bail nine should I be looking at the ICCPR and maybe mentioning human rights? Is the Australian Federal Police Act applicable for the Bail nine?

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #639 on: March 04, 2017, 03:19:23 pm »
+1
Thank you very much for your very helpful reply! When talking about the Bail nine should I be looking at the ICCPR and maybe mentioning human rights? Is the Australian Federal Police Act applicable for the Bail nine?

ICCPR yes, AFP act yes, but Human Rights no - Try not to discuss human rights in a Crime response - It is tempting but you need to keep that distinction ;D

damecj

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Re: Legal Studies Question Thread
« Reply #640 on: March 04, 2017, 03:27:17 pm »
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ICCPR yes, AFP act yes, but Human Rights no - Try not to discuss human rights in a Crime response - It is tempting but you need to keep that distinction ;D

So would you talk about ineffectiveness of the AFP and give the bail nine as an example? Sorry just trying to get my head around how it would fit

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Re: Legal Studies Question Thread
« Reply #641 on: March 04, 2017, 03:46:19 pm »
+1
So would you talk about ineffectiveness of the AFP and give the bail nine as an example? Sorry just trying to get my head around how it would fit

Well you could talk about the fact that the AFP working with the Indonesian government was an effective example of cooperation against transnational crime. However, it lead to what many believe to be an unjust outcome (at least given the Australian legal climate) - It caused lots of controversy. So you could argue it both ways :)

Aaron12038488

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Re: Legal Studies Question Thread
« Reply #642 on: March 04, 2017, 08:21:06 pm »
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Just wondering if you critique this. Its a powerpoint and speech.
Legal Responses to the issue - After an 18-hour stand-off, Bryant was finally captured the next day, where a judge labelled him as a “pathetic social misfit”, who did leave the premises until 7:48 am the next morning. Bryant was taken to the Royal Hobart hospital where Beswick (Police Minister) and Rundle (Premier) discussed the change in gun laws but the next scheduled meeting was in July. However, Beswick insisted that it was an urgent issue and this appointed it to take place on the 10th of May. Bryant was sentenced in respect of: murder of less than 35 persons, attempted murder, infliction of grievous bodily harm and infliction of further wounds. Additionally, Bryant was sentenced to: four counts of aggravated assault, one count of setting fire to property and arson. Martin Bryant serves 35 life terms, and a 1,035 year cumulative sentence.
Law reform and greater gun control was the sole priority of Howard. Having been in six weeks sworn in as Prime Minster, he did not have the sovereignty to implement change. Under the constitution, it outlines that the Federal Government does not have the authority to pass laws pertaining weapons, so it required bi-partisanship of states. Qld, WA, and even Tas were hesitant despite the Port Arthur massacre, however Howard ventured throughout the country for need of gun reform.
Though the hardships that the government endured, the federal government managed to attain nationwide gun reform. In May 1996, the National Firearms Agreement (NFA) was accepted where 640,000 guns were seized and destroyed.

PS: Is this too much info.

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #643 on: March 04, 2017, 11:57:00 pm »
+1
Just wondering if you critique this. Its a powerpoint and speech.

Sure! I've popped it in the spoiler for reference, but my comments are below it ;D

Spoiler
Legal Responses to the issue - After an 18-hour stand-off, Bryant was finally captured the next day, where a judge labelled him as a “pathetic social misfit”, who did leave the premises until 7:48 am the next morning. Bryant was taken to the Royal Hobart hospital where Beswick (Police Minister) and Rundle (Premier) discussed the change in gun laws but the next scheduled meeting was in July. However, Beswick insisted that it was an urgent issue and this appointed it to take place on the 10th of May. Bryant was sentenced in respect of: murder of less than 35 persons, attempted murder, infliction of grievous bodily harm and infliction of further wounds. Additionally, Bryant was sentenced to: four counts of aggravated assault, one count of setting fire to property and arson. Martin Bryant serves 35 life terms, and a 1,035 year cumulative sentence.
Law reform and greater gun control was the sole priority of Howard. Having been in six weeks sworn in as Prime Minster, he did not have the sovereignty to implement change. Under the constitution, it outlines that the Federal Government does not have the authority to pass laws pertaining weapons, so it required bi-partisanship of states. Qld, WA, and even Tas were hesitant despite the Port Arthur massacre, however Howard ventured throughout the country for need of gun reform.
Though the hardships that the government endured, the federal government managed to attain nationwide gun reform. In May 1996, the National Firearms Agreement (NFA) was accepted where 640,000 guns were seized and destroyed.

- First sentence, should be didn't leave the premises I think?
- Information on the meetings about the gun laws is irrelevant
- Good information on the sentence applied
- Again, the lead up information to the NFA is irrelevant. Only that last sentence is important.

This is good information, but yeah, there is lots of stuff that doesn't need to be there. Focus just on the laws, the cases, the sentences: The hard facts. The background information is not relevant to the point you are making ;D

I'd also wager that, as part of this powerpoint, you could be being asked to evaluate effectiveness of the Legal responses in some regard? If so, be sure to pop some evaluation in there: "Effective because ______", "Ineffective because _______," make your judgement!

All that said, great work! You've just got a bunch of stuff you can trim :)

rodero

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Re: Legal Studies Question Thread
« Reply #644 on: March 05, 2017, 09:22:30 am »
0
Hey, could someone please explain the answer to this question:
(19) Where a human right is set out in an international instrument, the action that best ensures
its protection in Australian law is for it to be
(A) acknowledged.
(B) enacted.
(C) promoted.
(D) ratified.

According to the marking guidelines, the answer is B. However, all my study resources tell me that the answer should be D, ratified; I don't think the Cambridge textbook even mentions 'enacted'.
HSC 2017:
English (Advanced): 91    Legal Studies: 92    Modern History: 91    Studies of Religion 2: 90    Business Studies: 92

ATAR: 96.75

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