HSC Legal Studies Question Thread

[jamonwindeyer]

there's this question in a practice paper 'define universal education' why would it be worth 2 marks and what else would you include other than the definition

My answer would be similar to (wow it's been a while since, here goes...):

Universal education is the fundamental right to a basic level of education (primary level) for all individuals. Recognition and implementation of this right has been a continuing process since the Industrial Revolution, but remains a significant issue in developing nations.

So one mark for saying what it is, and another for giving a bit of deeper detail - For 2 marks they expect a bit of description, you do have to play to the mark count as well as the verb sometimes (HSC exams are much less ambiguous for things like this)

[mylinh-nguyen]

My answer would be similar to (wow it's been a while since, here goes...):

Universal education is the fundamental right to a basic level of education (primary level) for all individuals. Recognition and implementation of this right has been a continuing process since the Industrial Revolution, but remains a significant issue in developing nations.

So one mark for saying what it is, and another for giving a bit of deeper detail - For 2 marks they expect a bit of description, you do have to play to the mark count as well as the verb sometimes (HSC exams are much less ambiguous for things like this)

this definitely helped heaps thanks again!

[Aaron12038488]

What does it mean by The operation of the Legal System in Australia (prelim)? Also what is the Gutnick v Dow Jones and Co. Inc. (2001) case?

[kiiaaa]

Halloo

So i bought your Legal studies atarnotes and they are aamaaaazeballs. I was wondering if you had any notes for the optional topics Family and World Order by anychance that your selling or you have that you recommend?
thank you

[elysepopplewell]

What does it mean by The operation of the Legal System in Australia (prelim)? Also what is the Gutnick v Dow Jones and Co. Inc. (2001) case?

Hey Aaron, I had to search this case because I don't remember it myself. I use this site here as my first point of call for cases! I've linked you to the case.
This is from the introduction:

The wrong (or tort) of lowering an individual in the estimation of others, causing him/her to be shunned or avoided, or exposing him/her to hatred, contempt or ridicule,[1] through publishing demeaning statements or other matter,[2] is referred to in English common law as defamation. Inherited from that law, Australian defamation law is controlled largely by the States and Territories.[3] Although it is not uniform across the country, there is a common thread: its strict liability rules provide strong protection to reputations.

Such protection clashes with the principle of free speech. However, in Australia, the right to express one’s views openly is perceived not as an end in itself, but as a necessary element of democracy.[4] Notwithstanding the merits of that right, the law recognises that laissez-faire can be harmful. Based on such beliefs, Australian defamation law places considerable restraints on the media.[5] Conversely, there are also countries where freedom of speech is deemed more valuable than personal reputations. For instance, in the United States (US) the right to free speech is – famously – guaranteed in the Constitution.[6]

This presents serious problems in the era of rapidly developing information technology (IT) which allows written material to be disseminated almost instantly in many different countries, each with its own defamation laws. Consequently, Collins argues that “the way in which the Internet[7] works, and is used, [raises] very substantial questions for the operation of the rules of civil defamation law”.[8]

As for the operation of the legal system, you need to understand the hierarchy of state and federal courts, the adversary system, the people who work in law (solicitors, legal aid, magistrates...), court proceedings in both civil and criminal cases (heads up: make sure you're really on top of the criminal cases, because that's in the HSC course but civil isn't), observations in the local court, enforcement agencies (basically police, but also other bodies like the ATO), Legal Aid (also important for HSC), alternatives to the court proceedings and also alternative dispute resolution.

Jamon state ranked in Legal in the HSC and posted his preliminary notes here for you to download for free

[elysepopplewell]

Halloo

So i bought your Legal studies atarnotes and they are aamaaaazeballs. I was wondering if you had any notes for the optional topics Family and World Order by anychance that your selling or you have that you recommend?
thank you

I'm so glad to hear you like the notes! Hopefully they continue to serve you well

I don't have notes online that I produced, but there are some from other students (including Jamon - who state ranked). Have a look here at some of the notes people have uploaded. But, I do try to keep two forums updating on recent events in family and world order, filling it with media articles that might help students. The Family Law one is here and the world order one is here.

Feel free to post any questions you have as they pop up! Hopefully these help

[ash_mcalpine]

Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!

The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?

[chelseam]

Hi! What kind of international instruments or documents could be used as evidence for family law, other than CROC and the ‘best interests of the child’? I’m struggling to come up with ones that would help develop arguments for ‘Evaluate the effectiveness of legal and non-legal responses in achieving just outcomes for family members’ from the themes and challenges. Thank you so much

[jamonwindeyer]

Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!

The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?

Hey Ash! I'd start by doing some dot points as to what about the Bail Act protects victims, what protects offenders, and what protects society. You might find there isn't much protecting the rights of offenders - That's okay! And indeed it would be a strong basis for an argument. Each set of dot points would form a paragraph

You may want to find some cases to use as examples to analyse. Go recent - There are always heaps of cases where bail is a contentious issue. Google "Bail News" or do similar searches in the Austlii Database and see what you find

To look at some of the actual impacts of the change, and perhaps start thinking about things to discuss, check out this report, chock full of useful stats

[rodero]

Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!

The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?

Hey,
Just in case you're having trouble finding evidence, i'll throw some of my own here 

In 2014, Steve Fesus was granted bail despite being charged for murder. Anti-violence campaigner Ken Marslew stated that this was a "slap in the face" to murder victims and their families. Clearly, the rights of victims and society are not being upheld here.

In 2014, Mahmoud Hawi was granted bail despite accusations of a public murder in an airport. The mother of the victim stated "I feel sick and I feel scared". Again, you can see that since the bail laws came into effect in 2014, the rights of victims and society have definitely been prohibited.

Another high-profile case is the Lindt Cafe Siege 2015; The gunman, Man Haron Monis, commit the attack while he himself was on bail. He was charged for 43 counts of sexual assault AND was believed to be an accessory to the murder of his ex-wife. You can clearly see here that the bail act is too lenient for offenders of an indictable offence, and pose a detriment to the rights of society.

This is the evidence that I myself used in my response to a crime question. It was a question that tackled the entire syllabus, but I focused on bail as a key source of conflict. When I had my feedback, my teacher made a comment that there aren't THAT many cases listed above, so you could definitely argue that bail upholds the rights of the offender to some extent. Bail allows for their right to 'innocent until proven guilty' to be upheld, so being held in remand takes this right away.

Anyway, I hope this helps you 

[elysepopplewell]

Hi! What kind of international instruments or documents could be used as evidence for family law, other than CROC and the ‘best interests of the child’? I’m struggling to come up with ones that would help develop arguments for ‘Evaluate the effectiveness of legal and non-legal responses in achieving just outcomes for family members’ from the themes and challenges. Thank you so much

Hey Chelseam
I found this document on reproductive rights that might be useful for surrogacy, amongst other areas.
Article 10 of the ICESCR may also prove helpful.

[TheFreeMarketeer]

What are the three bodies that promote and enforce human rights?

[elysepopplewell]

What are the three bodies that promote and enforce human rights?

Hey TheFreeMarketeer! I don't mean to sound naive, but I can't work out where you got the "three" from. I would say there are a few. The Constitution, the AHRC, Legislation, Media, NGOs... Has your teacher stated there are a specific three?

[chelseam]

Thanks heaps Elyse!

Hey Chelseam
I found this document on reproductive rights that might be useful for surrogacy, amongst other areas.
Article 10 of the ICESCR may also prove helpful.

[rodero]

What are the three bodies that promote and enforce human rights?

Hey, I think there's a slight possibility that you saw one of the hsc or trial questions (I can't remember) that asked for three bodies. However, don't limit yourself to just three as there are actually quite a few! You can find them in the Human Rights section of the syllabus under the heading 'Promoting and enforcing human rights'. The bodies you're looking for are under 'The roles of..' which you can find here on page 20 
Unless, like elyse said, your teacher states there is a specific three. Then maybe your teacher is taking a different approach!