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VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: eeps on December 15, 2010, 12:41:37 pm

Title: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 12:41:37 pm
VCE LEGAL STUDIES Q&A THREAD

To go straight to posts from 2020, click here.

What is this thread for?
If you have general questions about the VCE Legal Studies course or how to improve in certain areas, this is the place to ask!


Who can/will answer questions?
Everyone is welcome to contribute; even if you're unsure of yourself, providing different perspectives is incredibly valuable.

Please don't be dissuaded by the fact that you haven't finished Year 12, or didn't score as highly as others, or your advice contradicts something else you've seen on this thread, or whatever; none of this disqualifies you from helping others. And if you're worried you do have some sort of misconception, put it out there and someone else can clarify and modify your understanding! 

There'll be a whole bunch of other high-scoring students with their own wealths of wisdom to share with you, including TuteSmart tutors! So you may even get multiple answers from different people offering their insights - very cool.


To ask a question or make a post, you will first need an ATAR Notes account. You probably already have one, but if you don't, it takes about four seconds to sign up - and completely free!


OTHER LEGAL STUDIES RESOURCES

Original post.
Ask your Legal Studies questions here!  Feel free to post anything including requests for notes, tips, advice etc.  Hopefully someone will be able to answer your question, and we'd love it if you could answer other people's questions in return! :D
Title: Re: VCE Legal Studies Question Thread
Post by: _avO on December 15, 2010, 12:48:25 pm
Good luck guys, but I am 100% sure that there will be at least 50 other single question threads :P:P

GL on ur 50!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 15, 2010, 01:02:49 pm
Yeah I'm going for the 50 too. This year I did close to 0 work and got straight A+s, hopeully with hard work benefits will come.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on December 15, 2010, 01:26:24 pm
I'm going for 40+, so will be certainly keeping a tab on this thread in the New Year. Lets smash it.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 01:36:16 pm
Hey everyone.
I did legal this year, and even though the study design has changed for next year, i am more than happy to help out where i can! :)
Although my 37 isn't very impressive, i have heaps of notes that i have made and practice exams which i can upload if anyone wants them... I also have powerpoints that my teacher made throughout the year.
Just let me know if i can be of any assistance, if not, good luck for next year!
:D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 01:38:42 pm
What textbook are people using?

I'm using "Making and Breaking the law" for school... but I also have the "Justice and Outcomes" textbook. (cheers, Burberry!)

Hey everyone.
I did legal this year, and even though the study design has changed for next year, i am more than happy to help out where i can! :)
Although my 37 isn't very impressive, i have heaps of notes that i have made and practice exams which i can upload if anyone wants them... I also have powerpoints that my teacher made throughout the year.
Just let me know if i can be of any assistance, if not, good luck for next year!
:D

Yes please!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 01:40:56 pm
Alrighty, how do i upload files to this thread?
I will upload everything asap! :)
Title: Re: VCE Legal Studies Question Thread
Post by: _avO on December 15, 2010, 01:42:52 pm
Alrighty, how do i upload files to this thread?
I will upload everything asap! :)
scroll to the bottom click 'preview' and then at the bottom click 'additional options' and voila.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 01:44:40 pm
Alrighty, how do i upload files to this thread?
I will upload everything asap! :)

You'll see a thing down the bottom - "Additional Options..." and there is a thing which says "Attach - Choose File". Note, that there is a limit for how much you can upload - 2048 KB per reply/post. You might have to do quite a few posts! =p

EDIT: BEATEN.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 15, 2010, 01:48:21 pm
just warning you guys, a 50 may look easy, but it really isn't - there is very strong competition out there! i got 100% for every single sac this year and i did well on my exam, but i ended up with a 39. but still it's possible, so good luck to all you guys going for a 50 and if you want any extra material i am selling some, and i'll try help whenever i can :)
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 01:49:05 pm
Ech_93, if you upload. Karma +1 Everyday :)
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 01:51:30 pm
Let me know whether or not i uploaded them right!? :/
These are just practice exams, and they have passwords...
2009 questions and solutions password is: tree
2010 questions and solutions password is: hide
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 01:54:22 pm
I love the sudden popularity this thread is getting... and no one has even asked a question yet!

Any past practice exams and notes are still good - the new study design isn't that much of a change. Keep uploading! =p
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 01:55:47 pm
Ive got some notes for Unit 2: Tort law etc. Despite being year11 it should help out in year12 I guess. Shall I upload?
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 02:02:03 pm
Okay, so here I have a revision guide. It may not be as much help to you guys because of the design change. It took me forever to complete all the revision but i found it so helpful because i had no idea how to study and where to start. I will upload the notes i made from using the revision guide eventually...
Then another practice exam with solutions.
:)
Title: Re: VCE Legal Studies Question Thread
Post by: gs on December 15, 2010, 02:02:24 pm
just warning you guys, a 50 may look easy, but it really isn't - there is very strong competition out there! i got 100% for every single sac this year and i did well on my exam...

If you don't mind me asking Em, what was your exam mark?

Be great if you could pop in a couple of times a week next year, would be great.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 02:03:33 pm
He/she said 39..
Title: Re: VCE Legal Studies Question Thread
Post by: gs on December 15, 2010, 02:04:38 pm
Exam mark = study score? Since when? :P
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:05:39 pm
Ive got some notes for Unit 2: Tort law etc. Despite being year11 it should help out in year12 I guess. Shall I upload?

If you want to. =p

I have chrisjb's (I think - assuming your name is K. Smith) notes from when he posted them ages ago. It's 44 pages long and very detailed. I don't think I should post it. LOL.

SACs make up 50% of your score in Legal, as does the end-of-year exam.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 02:07:42 pm
Well he/she did say they got 100% on nearly every sac. What is the contribution of the sac? Minus it from the 50 study score... Lets say it is worth 50%, wouldnt it be a  25ss without exam? Leaves another 25, so I'd say 14/25 but I may be wrong. I do sound wrong lmao..
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 02:09:33 pm
I have powerpoints and notes on a usb that i cannot find :P i will upload them eventually!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:09:54 pm
Well he/she did say they got 100% on nearly every sac. What is the contribution of the sac? Minus it from the 50 study score... Lets say it is worth 50%, wouldnt it be a  25ss without exam? Leaves another 25, so I'd say 14/25 but I may be wrong. I do sound wrong lmao..

Take into account, SAC moderation. Depends on whether the cohort performed well overall or badly.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 02:10:23 pm
Legal is a great subject, I think it also helps with english as you have to just write and write. On top of that, there aren't difficult concepts, but it's fun to try and apply them in real life!
(If i get a 50 for this subject, the first thing i'm going to do is place some innocent bystander under civil arrest :D)
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 02:14:57 pm
Hi guys here are some notes I have compiled during the 2010 year. It may be helpful for some but not helpful to the pros. You guys decide.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:15:58 pm
Legal is a great subject, I think it also helps with english as you have to just write and write. On top of that, there aren't difficult concepts, but it's fun to try and apply them in real life!
(If i get a 50 for this subject, the first thing i'm going to do is place some innocent bystander under civil arrest :D)

LOL. I was going to going to sue my Methods teacher for defamation. As a joke he told me "An asymptote is like me and girls, I can see them, but never touches." ... then laughter ensued, everyone cracked up. I go to an all boys' school by the way.

If I get 50 in Legal, I'd be happy. My teacher this year was like... "I have high expectations on you for Legal". OMG.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 15, 2010, 02:28:37 pm
MHS?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:33:01 pm
MHS?

LOL no not quite... Camberwell Grammar School.

I know quite a few friends at MHS. Does Ankit Rohatgi, Brandon Bloom, Andrew Grubert, David Sun... ring a bell to you? They're all in Year 11 this year, going into Year 12 next year. They all went to my school, besides Andrew Grubert - he went to the same primary school as me.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 15, 2010, 02:35:09 pm
Yeah bells are ringing.

What are your plans for legal in holidays? Mine are at least all of unit 3 done.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:37:44 pm
What are your plans for legal in holidays? Mine are at least all of unit 3 done.

That's my plan. I don't plan to overkill on finishing the whole course. If I get all of Unit 3 done, then I'll be good.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 02:40:08 pm
Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 15, 2010, 02:43:52 pm
yeh i'm willing to put up some notes later if you want :)

about my exam score, i have no idea, i only know the grade, but i know people who got b+ b+ a and got a 40 which really confused me, i think with legal it's about standing out, using latin terms and having an extensive vocabulary as well as knowing more than what the course asks you. in a way legal is a bit like english ( as mentioned by someone before).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 02:51:59 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 15, 2010, 03:53:56 pm
here's my notes if any of you guys want them. I only ever got up to constitution wtih these notes (I found hand written notes to be 100X better). Also, CAT stands for constitution, r'um or RUM stands for refferendum.

New idea: I'm gonna use this as a dumping ground for all my legal crap... And onur, I don't have any 44 page notes :S

I have some other notes that have been photocopied from an engageeducation seminar, if you want those then pm me cos they're too big to upload, we'd have to do it by email.

some of these notes may not be mine. full credit to whoever originaly made them.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 15, 2010, 04:38:05 pm
I'm happy to help with any queries anyone may have next year, or over the summer! I can't seem to locate my notes I did for Legal Studies, but when/if I do I'll upload them to this thread!

Also to the above post, The Mabo Case is a perfect example of the relationship between the Courts and Parliament as a law-maker, hence is very good to be familiar with; I used it on this year's exam!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 04:43:47 pm
Did you get A+, A+, A+ to get a score of 45?..
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 04:47:49 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).
Rank 1 ftw! I think we can all do good on the exam, i realised a lot of things from doing a year 12 in year 11, mistakes i will not make again.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 15, 2010, 04:49:22 pm
Did you get A+, A+, A+ to get a score of 45?..

Yeah, 98/100 and 99/100 for my SACs, second in the cohort, but got the highest study score. I've ordered my SoM, I'll let you know how many marks I lost on the exam for a 45.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 04:52:52 pm
Rank 1 ftw! I think we can all do good on the exam, i realised a lot of things from doing a year 12 in year 11, mistakes i will not make again.

Ditto. I was like in the top 5 students in our year level - though that's not saying much. In my school we get the not so bright kids for Legal. Legal 3/4 is like Legal 1/2, most of the concepts/ideas are repeated. Best of luck!

Yeah, 98/100 and 99/100 for my SACs, second in the cohort, but got the highest study score. I've ordered my SoM, I'll let you know how many marks I lost on the exam for a 45.

That would be great! =)

I suppose there isn't much difference in terms of grades to get 45~50 for Legal.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 15, 2010, 05:31:52 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).

I didn't learn the Mabo case and didnt use it in the exam and still did ok.
You guys should aim for 50's all around.
Just a few tips:

-Dont get hung up on SAC's. Sure they are important to get rank 1 in if you go to a disadvanaged school and for glory but its not essential to 100% every SAC. I ended up on rank 1 with ~90/100 for Unit 3 and 94/100 for Unit 4. It obviously comes down to exams as my scores must have been mopderated up because if they hadnt i wouldnt have gotten a 49. And yes I did go to a crappy public school whose median SS was 28 in 2009. It goes to show that school shouldnt impact you.

-Knowing the course is great but if you cant answer the question in the way the examiner wants you are in big trouble. For example in one of this years questions I accidently stuffed up the age brackets for fingerprinting, but all was not lost. You have got to interpret the question in a way that allows you to show great depth. People say that case examples are essential to set you above the rest but I can honestly say I did not use a case for every question. Probably only 3-4 at most.

-One of the worst things in legal is TIME!!!! I had a tendency to spend forever on shorter questions and then be strpped for time in the last few. This is the absolute wrong thing to do. Spread your time according to the weighting of the question.


I'm definately available to help you guys out next year and these holidays so pm or email me or contact me in whatever way possible (if you call me that would be creepy and i probably wouldnt help you then :D ). Also Ive ordered a statement of marks for legal to find out exactly what I got in the exam.
Once I get my sh*t together I will start advertising tutoring also if anyone is interested.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 05:35:40 pm
One word... LEGEND.

Thanks for the advice/tips andy456 and congrats on the Legal score! xD
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 15, 2010, 06:35:07 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..
Andy, that sounds really cool..! Also, for your statement of marks, did you have to get your principal's signature on the sheet, as it says that you do on it..
Congratulations on your ATAR, completely owned your goal!

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).

I didn't learn the Mabo case and didnt use it in the exam and still did ok.
You guys should aim for 50's all around.
Just a few tips:

-Dont get hung up on SAC's. Sure they are important to get rank 1 in if you go to a disadvanaged school and for glory but its not essential to 100% every SAC. I ended up on rank 1 with ~90/100 for Unit 3 and 94/100 for Unit 4. It obviously comes down to exams as my scores must have been mopderated up because if they hadnt i wouldnt have gotten a 49. And yes I did go to a crappy public school whose median SS was 28 in 2009. It goes to show that school shouldnt impact you.

-Knowing the course is great but if you cant answer the question in the way the examiner wants you are in big trouble. For example in one of this years questions I accidently stuffed up the age brackets for fingerprinting, but all was not lost. You have got to interpret the question in a way that allows you to show great depth. People say that case examples are essential to set you above the rest but I can honestly say I did not use a case for every question. Probably only 3-4 at most.

-One of the worst things in legal is TIME!!!! I had a tendency to spend forever on shorter questions and then be strpped for time in the last few. This is the absolute wrong thing to do. Spread your time according to the weighting of the question.


I'm definately available to help you guys out next year and these holidays so pm or email me or contact me in whatever way possible (if you call me that would be creepy and i probably wouldnt help you then :D ). Also Ive ordered a statement of marks for legal to find out exactly what I got in the exam.
Once I get my sh*t together I will start advertising tutoring also if anyone is interested.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 15, 2010, 07:28:18 pm
hey guys I'll probably answer some questions on this thread whenever i have time to spare as well :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 07:33:55 pm
hey guys I'll probably answer some questions on this thread whenever i have time to spare as well :)

Got any notes/exams you could upload?.. =D

What's the most effective method of study for a subject like Legal Studies?.. for me personally, I just write down notes from the textbook and answer the questions. That has worked for me this year in Legal 1/2. Legal doesn't scale by the way. =(
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 07:36:45 pm
Hey EPL, add the 44 pages of summary.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 07:38:23 pm
Hey EPL, add the 44 pages of summary.

chrisjb already posted it up today. It's on this thread. =D

here's my notes if any of you guys want them. I only ever got up to constitution wtih these notes (I found hand written notes to be 100X better). Also, CAT stands for constitution, r'um or RUM stands for refferendum.

That.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 07:40:30 pm
Its only 13 slides?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 07:43:38 pm
Its only 13 slides?

LOLwut. Maybe he posted different notes... or maybe it wasn't him. =\

Anyhow I might as well post them. It's not made by me! I should stress that.

EDIT: I'm not Kyle Smith. =D I'm Asian. LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 15, 2010, 07:46:42 pm
Holy shit those are some good notes.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 15, 2010, 08:01:56 pm
hey guys I'll probably answer some questions on this thread whenever i have time to spare as well :)

Got any notes/exams you could upload?.. =D

What's the most effective method of study for a subject like Legal Studies?.. for me personally, I just write down notes from the textbook and answer the questions. That has worked for me this year in Legal 1/2. Legal doesn't scale by the way. =(
I've uploaded my notes for the first five chapters that I did. Not sure where the rest are but when I find it I will upload it.

What I find effective is doing lots of 6/8/10 mark questions as these questions are comprehensive and the points in the high mark questions can be summarized into lower mark questions.
Also it is really helpful knowing relevant cases to the relevant questions that you can add if you have time as the examiners will see that you have a wide knowledge of the area of study.
Lastly, as my teacher always say: "Act as if the examiner knows nothing about Legal Studies"
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 15, 2010, 08:02:56 pm
Chapter 5: Role of the Courts

EDIT: Found my notes on the relationship between lawmaking bodies and strengths and weaknesses of parliament and courts.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 08:08:04 pm
Great notes! =D

This will come in handy later on.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 15, 2010, 08:13:58 pm
Also, if you don't find these notes helpful or just don't want them.... i understand, but just let me know so i don't upload heaps of notes for no reason
:)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 15, 2010, 08:15:27 pm
OMG THANK YOU. I think... I... love you guys! xD

Do what I did for Accounting, post them all up!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 15, 2010, 09:13:38 pm
From what I know, apparently the "Mabo v. Crown case" is must to know.

Yea, i'll finish unit 3 off, and know it back to front so i can ace all my SACs, we have a good top 5 in the cohort this year, competition..
Andy, that sounds really cool..! Also, for your statement of marks, did you have to get your principal's signature on the sheet, as it says that you do on it..
Congratulations on your ATAR, completely owned your goal!

Same here, I want to ace all my SACs - I'm not going to rely on my cohort. My cohort this year isn't that good - we have like 6 or 7 students who are good and that's about it. We only have ~25 students doing Legal next year.

The highest score this year from my school was 43, no one at my school got above 45 for Legal (I don't think).


I didn't learn the Mabo case and didnt use it in the exam and still did ok.
You guys should aim for 50's all around.
Just a few tips:

-Dont get hung up on SAC's. Sure they are important to get rank 1 in if you go to a disadvanaged school and for glory but its not essential to 100% every SAC. I ended up on rank 1 with ~90/100 for Unit 3 and 94/100 for Unit 4. It obviously comes down to exams as my scores must have been mopderated up because if they hadnt i wouldnt have gotten a 49. And yes I did go to a crappy public school whose median SS was 28 in 2009. It goes to show that school shouldnt impact you.

-Knowing the course is great but if you cant answer the question in the way the examiner wants you are in big trouble. For example in one of this years questions I accidently stuffed up the age brackets for fingerprinting, but all was not lost. You have got to interpret the question in a way that allows you to show great depth. People say that case examples are essential to set you above the rest but I can honestly say I did not use a case for every question. Probably only 3-4 at most.

-One of the worst things in legal is TIME!!!! I had a tendency to spend forever on shorter questions and then be strpped for time in the last few. This is the absolute wrong thing to do. Spread your time according to the weighting of the question.


I'm definately available to help you guys out next year and these holidays so pm or email me or contact me in whatever way possible (if you call me that would be creepy and i probably wouldnt help you then :D ). Also Ive ordered a statement of marks for legal to find out exactly what I got in the exam.
Once I get my sh*t together I will start advertising tutoring also if anyone is interested.
I think that was your comment.
Nah no principals signature. Statement of marks just tells me what I got for each question.
Thanks. I may have underestimated my exam performance I think.
There were only 6 people in my legal class this year. My score is the highest legal score my school has gotten. So dont worry about previous years performance either.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 02:19:47 pm
Just out of curiosity, where is everyone up to?..

I've done the first 2 chapters and a bit (depending on your textbook - I'm using "Making & Breaking the Law"), which is: "Law and society: an introduction", "The Australian parliamentary system" and "Changing the law" (which I'm doing now). I'm just writing notes and answering the textbook questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on December 16, 2010, 05:10:50 pm
Ahh, the attachments aren't working for me? Is it just me or...?   :'(

Um at school we did like 2 weeks of Yr 12 and covered the first 3 dot points (Structure/Role of Parliament, Principles of the Parliamentry System and why laws need to change)  from the Key Knowledge bit from AOS1 in the Study Design.
We did a practice SAC on the topics^ as well.

Apart from that so I haven't done much yet, don't have my Main Textbook yet (Key Concepts in Legal Studies).
I Might have a read through 'A+ Legal Notes' and do some questions when I can be bothered.. ><
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 05:45:26 pm
Ahh, the attachments aren't working for me? Is it just me or...?   :'(

Um at school we did like 2 weeks of Yr 12 and covered the first 3 dot points (Structure/Role of Parliament, Principles of the Parliamentry System and why laws need to change)  from the Key Knowledge bit from AOS1 in the Study Design.
We did a practice SAC on the topics^ as well.

Apart from that so I haven't done much yet, don't have my Main Textbook yet (Key Concepts in Legal Studies).
I Might have a read through 'A+ Legal Notes' and do some questions when I can be bothered.. ><

Works for me. =\ Click on the file?

That's better than what we did. Technically, we finished the 1/2 course at end of Term 3. Our teachers decided to add other stuff to fill up the time - i.e. Sports & Law, Wills & Inheritance - which isn't even on the 1/2 course. Yeah, I have that "A+ Legal Notes" as well, seems good. I'm using 2 different textbooks - the one my school prescribed and another one I downloaded. LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 16, 2010, 05:47:57 pm
OK Starting properly today, aim is to finish unit three by this time next week.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 05:53:02 pm
OK Starting properly today, aim is to finish unit three by this time next week.

Really? If you do, pro.

I don't plan to finish Unit 3 till about 1 or 2 weeks out from the start of school. I'm also going to one of those Legal TSFX lectures in January for the notes.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 16, 2010, 06:13:28 pm
Yeah I was considering that too, may see you there!
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on December 16, 2010, 09:38:33 pm
I cannot seem to download the uploaded notes in this thread for some reason, it just says the link is broken :S

anyone got any ideas?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 16, 2010, 10:20:25 pm
I cannot seem to download the uploaded notes in this thread for some reason, it just says the link is broken :S

anyone got any ideas?

Mine doesn't seem to work either - could be due to the updates on VN.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:01:17 pm
I've actually got a question this time.

I'm a bit confused as to what an "executive government" is and what it does?.. my textbook doesn't explain it clearly. I know it has something to do with the "Separation of Powers" - but that's all I know.

If anyone could help, that would be great and I'll give you +karma! =D
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:06:14 pm
Do you mean executive power? Executive power is part of the separation of powers...
I'm not sure about executive government though :/
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:07:34 pm
Or executive council?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:12:27 pm
Since, I can't post up the question! :@

It's basically a table you have to fill in, it says "Suggest the differences and similarities between the Commonwealth and Victorian Parliament for each feature listed." It has Upper house, Lower house, Crown and then "Executive government." ... I have no idea. =\

Mistake in the textbook? It could be another word for Executive Council...
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:14:16 pm
Yeah, sorry, can't help you there.
It may be a mistake, but i might just not remember executive government...
Sorry!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:15:25 pm
Is there an explanation in the text book of 'executive government'?
If so, type it here... it might just be a different name for executive council?!
I don't know!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:19:13 pm
Is there an explanation in the text book of 'executive government'?
If so, type it here... it might just be a different name for executive council?!
I don't know!

It only has the definition of "Executive Council" in the glossary. It probably is "Executive Council" by any chance. Thank you for the help anyhow! xD

I'll karma you, since no one else bothered to help. =D
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:20:58 pm
Haha, thanks, but I didn't do it just for the karma...
:)
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 17, 2010, 02:27:14 pm
Must be council, cause im pretty sure the govt. is also known as the executive.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:32:33 pm
Must be council, cause im pretty sure the govt. is also known as the executive.

In that case, how is the Executive Council similar and different in the Commonwealth and Victorian Parliament?.. my textbook is not that good.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 02:37:19 pm
They both make delegated legislation.
In the Commonwealth the governor-general is part of the executive council. In Victoria it is the governor...
Thats all i can think of!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:41:00 pm
It reads in my textbook - "The Commonwealth Constitution provides for a Commonwealth Executive Council. The governor-general acts on the advice given by this Executive Council. It consists of the ministers of state and the governor-general."

The only difference I can see, is what you've said - the Commonwealth Executive Council has a governor-general, while the Victorian Executive Council has a governor.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 17, 2010, 02:42:16 pm
from what i know of this year, by executive government they meen who makes up the governement at each level, so at federal it would be the prime minister and senior ministers and at the state level it is the premier and senior ministers.  the members of the executive make government policy and, thorugh individual ministers, control government departments :)
hope this helps
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:46:50 pm
from what i know of this year, by executive government they meen who makes up the governement at each level, so at federal it would be the prime minister and senior ministers and at the state level it is the premier and senior ministers.  the members of the executive make government policy and, thorugh individual ministers, control government departments :)
hope this helps

Isn't that just the government? LOL. So the only difference would be that at the federal level you have the PM, whereas at the state level you have the premier?.. because "ministers of state" are at both levels.
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on December 17, 2010, 02:47:52 pm
I've actually got a question this time.

I'm a bit confused as to what an "executive government" is and what it does?.. my textbook doesn't explain it clearly. I know it has something to do with the "Separation of Powers" - but that's all I know.

If anyone could help, that would be great and I'll give you +karma! =D


Well according this site: http://australianpolitics.com/democracy/terms/executive-government.shtml

"The Executive Government is the arm of government theoretically responsible for the implementation of the laws passed by the Parliament. "

I can't find any mention of it in Legal Notes, but in that oxford book, Justice and Outcomes it says

"The principle of the separation of powers is established in the Commonwealth of Australia Constitution Act 1900 (UK).
• Chapter one establishes the Commonwealth Parliament to make laws according to the powers set out in the Constitution. This chapter also refers to the powers of the governor-general and the structure of parliament.
• Chapter two sets out the powers of the executive government and the role of ministers.
• Chapter three establishes the High Court to exercise the judicial power. The independence of the judiciary is referred to in S71 of the Constitution."

So yeah I'm going to assume it's the part of government who is responsible for excuting executive power...? Is that the same as executive council? :S

Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 02:52:03 pm
LOLwut.

I'm totally lost.

I just assumed "Executive Government" meant the "Executive Council". It's probably just bad wording in my textbook.

Quote
The Executive Government is the arm of government theoretically responsible for the implementation of the laws passed by the Parliament.

I think that means it's Executive Council. =\
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 17, 2010, 02:57:11 pm
Isn't that just the government? LOL. So the only difference would be that at the federal level you have the PM, whereas at the state level you have the premier?.. because "ministers of state" are at both levels.

well in relation to the inital question, it was about the difference between federal and state, therefore the question was probably about the composition of the executive, that's something i had to do at the start of this year as my holiday hw, so if your doing the same activity as i did then that's what the question is asking. using a legal dictionary helps -> a lot of words that can be used interchangebly are explained in the legal dictionary
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 03:04:13 pm
well in relation to the inital question, it was about the difference between federal and state, therefore the question was probably about the composition of the executive, that's something i had to do at the start of this year as my holiday hw, so if your doing the same activity as i did then that's what the question is asking.

Thanks. I'll presume I'm right.

Quote
using a legal dictionary helps -> a lot of words that can be used interchangebly are explained in the legal dictionary

I don't have a legal dictionary - wasn't on my school's book-list. I might get one now that you mention it. How much are they (generally speaking)?
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 17, 2010, 03:08:21 pm
I don't have a legal dictionary - wasn't on my school's book-list. I might get one now that you mention it. How much are they (generally speaking)?
well i'm currently selling one for around $25 (the one that i used to explain th executive idea), i bought mine for $40 from the school because when i did legal 1&2 in 2009, it was compulsary to have one. however, there are a variety of publishers selling them and prices really do vary.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 03:13:44 pm
Well, that's embarrassing, sorry!
I don't even remember hearing about executive government, oh well...
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on December 17, 2010, 03:18:41 pm
LOLwut.

I'm totally lost.

I just assumed "Executive Government" meant the "Executive Council". It's probably just bad wording in my textbook.

Quote
The Executive Government is the arm of government theoretically responsible for the implementation of the laws passed by the Parliament.

I think that means it's Executive Council. =\

Sorry I think I just made everything confusing :S
But your probably right, so scrap everything I said. Hahhah ><
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 03:22:19 pm
Sorry I think I just made everything confusing :S
But your probably right, so scrap everything I said. Hahhah ><
Hah, same for me! Just forget what i said :/
Sorry, don't really remember the start of the year
I can help with other stuff though ! haha, sorry
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 03:28:23 pm
Sorry I think I just made everything confusing :S
But your probably right, so scrap everything I said. Hahhah ><
Hah, same for me! Just forget what i said :/
Sorry, don't really remember the start of the year
I can help with other stuff though ! haha, sorry

Right... so what's the answer? LOL. I think it's just that the Commonwealth Executive Council has a governor-general, while the Victorian Executive Council has a governor.

Cheers for the help guys! I'd +karma all you guys, but it says I can't karma again within 12 hours. =D
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 17, 2010, 03:31:51 pm
Right... so what's the answer? LOL. I think it's just that the Commonwealth Executive Council has a governor-general, while the Victorian Executive Council has a governor.

Cheers for the help guys! I'd +karma all you guys, but it says I can't karma again within 12 hours. =D
Yeah, that's what i'd say... Just the governor-general and governor difference :/
adelaide.emily10 said prime minister and premier though, so i am confused :/
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 03:42:25 pm
Yeah, that's what i'd say... Just the governor-general and governor difference :/
adelaide.emily10 said prime minister and premier though, so i am confused :/

Who knows? :P

I typed in Google... "What's Executive government" - It doesn't make it any clearer; I'd tend to stick with the meaning that "Executive government" means Executive Council as opposed to the government. =\

I could be totally wrong or right.
Title: Re: VCE Legal Studies Question Thread
Post by: ezst on December 17, 2010, 09:28:38 pm
You'd tend to think "executive government" relates to "executive power" which is the power given to the government to administer laws and to manage business of government. I don't think it was in relation to the executive council.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 09:32:12 pm
Back to my question then, what are the main differences between the Commonwealth and Victorian Parliament in terms of "Executive government"?

Wouldn't that just be what adelaide.emily10 said; the premier and prime minister..? LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 17, 2010, 10:39:34 pm
Hey, you guys.
How much work have you all done with legal??
I, myself, have not started the course yet, but I thought, that i'd read the study design carefully, each for each dot point under key knowledge, i'd put my notes down for it.
Then i'd read key skills really carefully and understand what is expected.
After all that, i plan to do a bunch of questions from the textbook and then try to find popular case examples which i think may help me in the future.
What about you guys?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 11:04:13 pm
I've finished about half of the Unit 3 course - done the first 3 chapters of 6 (which is Unit 3) in my textbook - basically, I've made notes and answered the textbook questions. I'm hoping to get Unit 3 done before school starts again - other than that, not too much Legal work.

If you have/or haven't started, it doesn't matter - as long as you get the information and clearly understand it, that's really what I'm aiming for. Good luck! =D
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 17, 2010, 11:25:46 pm
6 chapters, thank god =.= not soo long
is it doable in a week/week.5 ?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 11:29:37 pm
6 chapters, thank god =.= not soo long
is it doable in a week/week.5 ?

6 chapters is for the one I'm using - "Making & Breaking the Law" - depends which one you're using. If so, then yes it's 6 chapters. Probably is the same for other textbooks.

I'm not too sure, I'd reluctantly say yes - if you're willing to finish a chapter a day. Very doable if you put in the work and time. You don't need to finish Unit 3 now or anything, you still have plenty of time. xD
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 17, 2010, 11:39:46 pm
After all that, i plan to do a bunch of questions from the textbook and then try to find popular case examples which i think may help me in the future.
What about you guys?

I might start to find case examples as well, to refer to. Most textbooks give case examples anyhow.

If you finish Unit 3 or most of it before school starts - you'll be way ahead of your class and when the teacher is going through the coursework, it will only be reinforcing what you've learnt over the holidays - it won't be new to you, whereas other students will be playing "catch-up" so to speak. That's what I learnt from doing Accounting 3/4 this year.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 17, 2010, 11:45:35 pm
After all that, i plan to do a bunch of questions from the textbook and then try to find popular case examples which i think may help me in the future.
What about you guys?

I might start to find case examples as well, to refer to. Most textbooks give case examples anyhow.

If you finish Unit 3 or most of it before school starts - you'll be way ahead of your class and when the teacher is going through the coursework, it will only be reinforcing what you've learnt over the holidays - it won't be new to you, whereas other students will be playing "catch-up" so to speak. That's what I learnt from doing Accounting 3/4 this year.

Yea, exactly. That's why in my opinion the summer holidays can make your VCE year a lot easier
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 18, 2010, 11:08:02 am
A+ notes has case examples for just about every topic.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 18, 2010, 12:49:58 pm
A+ notes has case examples for just about every topic.

(http://www.cengage.com/aussec/imageservlet?productISBN=9780170186940)

That's the one I have. I don't know if that's the one you're talking about. It reads "VCE 3&4 End-of-year examination, EXAM 5th Edition. 13 Practice Examinations. A+ Practice Exams - graduated difficulty with solutions, by Michelle Humphreys." Presumably, it's been updated for the new study design.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 18, 2010, 01:13:30 pm
I had that one too, but the best one for me was called "Legal Notes".
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 18, 2010, 01:25:16 pm
I had that one too, but the best one for me was called "Legal Notes".

Cheers for the help flash36! =D

Congrats on your Legal score as well! xD
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 19, 2010, 05:40:52 pm
No problem, thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 20, 2010, 04:20:09 pm
Hey, here are the notes i made. These are the notes that i followed the revsion guide (that is uploaded somewhere in this thread) to make...
Also, i think i refer to page numbers, but just ignore that because you will obviously have a different text book!
Hope this helps and if you have any questions don't hesitate to ask :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 04:30:27 pm
Thank you! This goes well with my notes, I'll check mine against yours - in case I've missed anything.

I'll probably have more questions later on.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 20, 2010, 04:33:39 pm
Yeah, no worries!
If you have any questions about something i have said in my notes, just ask... :)
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on December 20, 2010, 07:52:01 pm
lol the notes that were uploaded disappeared besides ech_93's

:(
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 07:53:39 pm
How would people go about answering a question like this:

"The Australian Parliamentary system consists of a number of checks and balances. The most important of these is the separation of powers. Do you agree? Justify your decision." - 8 marks.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 20, 2010, 08:01:06 pm
I'd do it like this:

Para1: indicate if you agree or disagree, outline the principle of seperation of powers

Para 2-? : discuss the importance of the other principles of the australian parliamentry system, comment on their importnace (both independently and relative to seperation of powers) and why they are important.

Last Paragraph: Depending on whether or not you agree or disagree, explain your position drawing on the conclusions you made in your previous paragraphs.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 08:03:37 pm
When you say...

I'd do it like this:

Para1: indicate if you agree or disagree, outline the principle of seperation of powers

Para 2-? : discuss the importance of the other principles of the australian parliamentry system, comment on their importnace (both independently and relative to seperation of powers) and why they are important.

Last Paragraph: Depending on whether or not you agree or disagree, explain your position drawing on the conclusions you made in your previous paragraphs.

Part 2 - how many principles/points would I need to point out/use (knowing that the question is worth 8 marks)?
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 20, 2010, 08:09:39 pm
When you say...

I'd do it like this:

Para1: indicate if you agree or disagree, outline the principle of seperation of powers

Para 2-? : discuss the importance of the other principles of the australian parliamentry system, comment on their importnace (both independently and relative to seperation of powers) and why they are important.

Last Paragraph: Depending on whether or not you agree or disagree, explain your position drawing on the conclusions you made in your previous paragraphs.

Part 2 - how many principles/points would I need to point out/use (knowing that the question is worth 8 marks)?
well... I would do these:
1) Role of the crown (very good for showing an aspect of the system which can be heavily criticised)
2) Responsible Government and Representative government (combined in one paragraph, but make sure to differentiate the two)
3) Roles played by the houses of parliament (and focus on the senate)

I think you can more or less neglect structure of parliament for this question (is that even one of the principles? I forget), but if you think you have time then add it in if you like.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 10:01:29 pm
I'll try to upload my notes again, as requested by one or two people. As I said before, they are 1/2 Legal notes. If it doesn't work (downloading), then can someone reply to this thread telling me, cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 20, 2010, 10:08:12 pm
I got the Legal Notes book from A+ notes today. I really recommend you guys to buy it. It contains summaries of main information, questions and case studies.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 10:17:59 pm
I got the Legal Notes book from A+ notes today. I really recommend you guys to buy it. It contains summaries of main information, questions and case studies.

Huh?.. was it this one?.. (see below)

(http://www.cengage.com/aussec/imageservlet?productISBN=9780170186940)

That's the one I have. I don't know if that's the one you're talking about. It reads "VCE 3&4 End-of-year examination, EXAM 5th Edition. 13 Practice Examinations. A+ Practice Exams - graduated difficulty with solutions, by Michelle Humphreys." Presumably, it's been updated for the new study design.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 20, 2010, 10:20:07 pm
its actually this one. http://www.apluspub.com.au/cmn/images/covers/273050/9780170186957.jpg
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 20, 2010, 10:25:02 pm
its actually this one. http://www.apluspub.com.au/cmn/images/covers/273050/9780170186957.jpg

That's the same thing isn't it?.. my copy's also by Michelle Humphreys. LOLwut. Mine reads 5th edition?.. as opposed to 2nd edition. It has the same website advertised in the inside of the book - www.apluspub.com.au ...
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 20, 2010, 10:26:58 pm
The picture you showed is prac exams i think as opposed to my book being a summary based one.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 20, 2010, 10:47:38 pm
Here are my notes for Legals this year, they're up in the Notes section of the site too. They're a bit all over the place, hopefully there's no mistakes!
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on December 20, 2010, 11:09:47 pm
Hey Guys,

Is it possible for those of you who have uploaded notes before the VN glitch got fixed up (which didnt let the downloading of the notes uploaded) to re-upload those notes? it would be much appreciated.

Thanks heaps!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 21, 2010, 10:47:52 am
The picture you showed is prac exams i think as opposed to my book being a summary based one.

I see what you mean. =D

In any case, I'll stick with the one I have.

On a quick update, where is everyone up to with Legal?

I'm still on the chapter "Changing the law" considering it's quite a long chapter. If everything goes to plan, I should finish Unit 3 by the end of the holidays. Is anyone going to any lectures for Legal Studies over the holidays?.. I'm only going to the TSFX one... mainly for the notes supplied.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 21, 2010, 06:20:08 pm
This is more of a left-field question, though it's in my 3/4 textbook;

"The law recognises and upholds moral, social, economic and political values. Explain how the law achieves this by using examples."

How would people answer that?..

Thanks to anyone who can answer it! =D
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 21, 2010, 06:22:05 pm
I've read all of unit three from the book and highlighted, now just need to make notes.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 21, 2010, 06:57:11 pm
This is more of a left-field question, though it's in my 3/4 textbook;

"The law recognises and upholds moral, social, economic and political values. Explain how the law achieves this by using examples."

How would people answer that?..

Thanks to anyone who can answer it! =D
I think this is a cleverly asked question. I think it just wants you to detail why the law needs to change for those areas briefly (like one sentence for each max.) and then go on to say how the law is changed by people.

you gotta say how the law recognises and upholds (blah blah blah)
the law recognises societys morals through public demonstrations against a certain issue. for instance (these annoying people opposed this and politicians went :O). The awareness raised through this groups actions will often lead to a change in legislation so as that the majority of societies morals are upheld.

do you get what i'm saying??
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 21, 2010, 07:03:22 pm
do you get what i'm saying??

Yes, thank you. =D
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 01:45:47 pm
Just for your interest, I got my SoM today, I got 113/120 for the exam (56.5/60) for a 45 SS.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 22, 2010, 02:18:54 pm
Just for your interest, I got my SoM today, I got 113/120 for the exam (56.5/60) for a 45 SS.

Thanks. Do you know what the A+ cut-off was?..
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 02:24:24 pm
Yeah, it was 53/60 (113/120).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 22, 2010, 02:37:32 pm
Thanks again! =D

Congrats on your score again!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 02:54:11 pm
Thanks! Pretty tight for scores above 45, 3.5 marks separating a 45 SS and 100%!
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 22, 2010, 09:44:19 pm
Yeah, it was 53/60 (106/120).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 22, 2010, 09:57:43 pm
88% for the A+ cut-off isn't too bad.

Just for your interest, I got my SoM today, I got 113/120 for the exam (56.5/60) for a 45 SS.

Assuming you got A+, A+, A+ - what did you get the half-mark on?.. if I got 58~59/60 with A+ SACs, do you know what that could get me?.. would you need to get full marks on the end-of-year exam to get 50?.. or can you lose 1~2 marks on the exam and still get 50?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 22, 2010, 10:16:52 pm
My half mark, i'm unsure which question, but the half marks are produced because one examiner thinks I should get X marks for a question, but the other examiner thinks I should get Y marks for a question. That's why the total marks are doubled.

I only lost 1.5 SAC marks all year, so I would say 100% is needed on the exam for a 50.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 09:11:06 am
My half mark, i'm unsure which question, but the half marks are produced because one examiner thinks I should get X marks for a question, but the other examiner thinks I should get Y marks for a question. That's why the total marks are doubled.

I only lost 1.5 SAC marks all year, so I would say 100% is needed on the exam for a 50.

My bad. Yes, that's true.

100% for 50?.. that's hard.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 11:30:16 am
That's what I reckon; if 3.5 marks only gets you a 45.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on December 23, 2010, 11:39:02 am
thats brutal... legal might be one of the hardest subjects to guarantee a good score in :(
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 11:45:21 am
It's not necessarily the hardest subject content-wise, as you just need to rote-learn information - it's more the fact that there is little margin for error, one or two marks can make a substantial difference to your score in Legal. Legal Studies gives no scaling and in addition, it scales down if you get below 40.

thats brutal... legal might be one of the hardest subjects to guarantee a good score in :(

I tend to agree with that. Ensure you get over 40 and scaling shouldn't affect you.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 11:54:06 am
I actually have a question:

What's the difference between a submission and petition?

I know that they are methods to influence parliament to change the law, though my textbook's unclear on the exact definition.

Thanks to anyone who can answer this!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 23, 2010, 12:08:55 pm
I'm not 100% sure... but, i think submissions are when the public actually give suggestions, whereas petitions are a collection of signatures showing support for an issue that is sent to government.
So, the difference is submissions are suggestions and petitions are signatures that shows a lot of people agree. So, a submission could just be one person's opinion, but petitions are generally supported by a lot of people... :/ ?
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 23, 2010, 12:09:35 pm
Maybe wait for someone else to answer too :P
Sorry!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 23, 2010, 12:18:53 pm
alright so a petition is where a group of people sign a document to mark support for a common issue.... Whilst a submission is a bit different.... If youve studied formal reform bodies you will understand them better..... they are where the public submit their opinions individually,.. Like the VLRC will call for submissions from the public and then people can go to online forums and post their opinions....
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 23, 2010, 12:22:45 pm
I was close, :P
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 12:23:38 pm
A petition can also be made into a submission.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 01:20:55 pm
Thanks for the help guys.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 03:44:15 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 04:09:45 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.

Hansard is just an extra resource where you can research debates and parliamentary activities etc. It isn't actually in the course or anything. It's good to use if you need a case example for the Law Reform Body you learn about.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 04:16:48 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.

Hansard is just an extra resource where you can research debates and parliamentary activities etc. It isn't actually in the course or anything. It's good to use if you need a case example for the Law Reform Body you learn about.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 04:18:21 pm
Did people learn about the Hansard?.. what exactly is it?

Thanks.

Hansard is just an extra resource where you can research debates and parliamentary activities etc. It isn't actually in the course or anything. It's good to use if you need a case example for the Law Reform Body you learn about.

Thanks!

Too easy, here's the link if you hadn't already found it; http://www.aph.gov.au/hansard/index.htm
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 07:55:00 pm
How would people go about answering this:

Explain the role of cabinet and the parliamentary counsel in the early stages of a bill being formulated.

Thanks to anyone who can answer this!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 09:20:04 pm
How would people go about answering this:

Explain the role of cabinet and the parliamentary counsel in the early stages of a bill being formulated.

Thanks to anyone who can answer this!

Cabinet determines government policy to be incorporated into legislation. Following this, once it is decided legislation is to be made, parlimentary counsel (a group of lawyers) table up a draft bill under the guise of the cabinet but more specificially the responsible minister, or anyone else involved in that area of law. Once parliamentary counsel has drafted the bill, it is initiated into the lower house of parliament.

Hope this helps!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 23, 2010, 09:20:29 pm
How would people go about answering this:

Explain the role of cabinet and the parliamentary counsel in the early stages of a bill being formulated.

Thanks to anyone who can answer this!

I can't remember the role of the cabinet but it is made up of senior ministers. I think they might have to approve it before the first reading, but as I say I cant be 100% sure.
As for the parliamentary counsel I am pretty sure that they are the group that write the bill.

EDIT: beaten by 25 seconds by flash36
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 23, 2010, 09:23:07 pm
Haha I hope I'm right! My post is from pure memory so it could be wrong!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 23, 2010, 09:23:23 pm
Thanks for the response guys! No wonder both of you got high scores for Legal. =D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 12:04:33 pm
I've got a question, in relation to "changing the law"...

Quote
Political parties

An individual does not have to stand for election to influence the decisions made by political parties; they can join a political party. Joining a political party gives the individual two ways of influencing change:

● by influencing the types of policies that are developed by the political party
by becoming involved in the process used to select candidates to represent the party at the next election.

Could someone explain the second dot point to me?.. I don't get that one.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 02:01:08 pm
In addition, how would people got about this question:

Outline the structure of the Commonwealth Parliament. (4 marks)

The answer is obvious, I mean, in terms of answering the question. You have the upper house (Senate), lower house (House of Representatives) and the Crown (Governor-General). Would I just list a couple of functions for each house, the Crown and talk about how many seats are in each house?..

That's my worry for Legal; overcompensating on a question, which may not require a lot of information. I'm fine with the content and all, it's more answering the question.

Thanks to anyone who can help me!

EDIT: Thanks to _avO for stickying this thread.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 24, 2010, 03:15:18 pm
Not sure about the first one, I would say it means that if you "join" a political party, you could have a say in who represents that party at the next election.

The second one; no need to mention their functions, just number of seats/members, where these come from (eg HoR 150 members from 150 electorates), and the length of their terms of office.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 24, 2010, 03:25:31 pm
I've got a question, in relation to "changing the law"...

Quote
Political parties

An individual does not have to stand for election to influence the decisions made by political parties; they can join a political party. Joining a political party gives the individual two ways of influencing change:

● by influencing the types of policies that are developed by the political party
by becoming involved in the process used to select candidates to represent the party at the next election.

Could someone explain the second dot point to me?.. I don't get that one.
internal voting occurs in almost all political parties (definately the four major parties and almost definately the minor ones). This is where they vote for the member of the party to stand in a certain seat (known as pre-selection). This is not aplicable for independant members of parl't.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 05:51:25 pm
Cheers for the help guys.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 24, 2010, 07:07:42 pm
Here are my notes for "Law and society - an introduction" from my textbook, Making & Breaking the Law. It's really revision from Units 1/2.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 25, 2010, 03:17:07 pm
Quote
Question 9 (5 marks)

Discuss how the Victorian Law Reform Commission can influence a change in the law. In your response you must:

• give an example of a case that that has been investigated by this body,
• list the composition of the body,
• what do they ultimately produce and for whom.

That question was on my school's SAC last year for AOS 1. If anyone could help, that would be greatly appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on December 25, 2010, 05:19:10 pm
Quote
Question 9 (5 marks)

Discuss how the Victorian Law Reform Commission can influence a change in the law. In your response you must:

• give an example of a case that that has been investigated by this body,
• list the composition of the body,
• what do they ultimately produce and for whom.

That question was on my school's SAC last year for AOS 1. If anyone could help, that would be greatly appreciated!

The Victorian Law Reform Commission is a central agenncy for developing law reform in Victoria. The VLRC's major responsibility is to research issues the Victorian Attorney-General refers to it,o has the power to recommend minor changes to the law without a reference. Additionally, members of the community may suggest areas of reform and following this the VLRC will undertake initial research in order to determine whether the matter is in the public interest to pursue by briefing the Attorney-General in order to seek terms of reference. If reference is received they undertake research by consulting members of the public and experts. They ultimately produce a final report which includes recommendations for change and presented to the Attorney-General (Rob Hulls if I remembered correctly). They Attorney-General tables the report in Victorian Parliament and the government decides whether to draft legislation that incorporates all, some or none of these recommendations to be initiated in Victorian Parliament. In this way, the VLRC can influence change in the law. An example of a reform that was developed by the VLRC is the defense to homicide reform which influenced Parliament to abolish the partial defence of provocation.

That is how I would answer the question but it has been over a month since i answered a legal question so it might not give you full marks.
It's five marks so I would be aiming at around 10 lines on your SAC page to answer this question which you should spend a maximum of 10 minutes on.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 25, 2010, 05:29:41 pm
Thanks! =D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 26, 2010, 10:31:12 pm
How would people go about answering this:

The ideology behind the Doctrine of Separation of Powers is to protect institutions from outside influence. How is this achieved? (4 marks)

Would you just talk about the functions (i.e. Legislative, Administrative/Executive and Judicial)?.. or not?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on December 27, 2010, 01:09:09 am
How would people go about answering this:

The ideology behind the Doctrine of Separation of Powers is to protect institutions from outside influence. How is this achieved? (4 marks)

Would you just talk about the functions (i.e. Legislative, Administrative/Executive and Judicial)?.. or not?

Thanks to anyone who can help!
This question is open to interpretation. I read it as "what mechanisms are in place within the DoSP which help to ensure that the three arms remain seperate?" This is slightly obscure as you would generaly be asked to explain the doctrine or its effects rather than how it works, which requires a different angle. The way I would do it is:

1) brief explination of the doctrine (I would keep it brief as the focus is on 'how' rather than 'what')
2) Why the doctrine exists- mainly to avoid corruption.
3) How the doctrine achieves this-  Impartiality of judges (and perhaps refference the "recent" implementation of 5 year terms for some judges affecting this), the original role of the governor general and executive council and the supremecy of parliament and the extent to which it is supreme.

something along the lines of:

The doctrine of precedent provides that the body that makes the law (legislature), the body that enforces and interprets the law as well as settles disputes (the judiciary) and the executive institution remain three seperate and independant institutions.
The primary objective of this doctrine is to avoid the spread of corruption across the three arms as well as limiting it within any of the three institutions.
The doctrine provides a number of checks which are aimed at achieving this. For example, in an effort to provide independance for the legislature it is ensured that Parliament remains a supreme law making body and a parliament is only restricted by that parliament's constituion(s). Further, the judiciary's impartiality is protected as it is ensured that judges are not subject to political influence or pressure and are able to make decisions without bias (add in refference to 5 year term if you want).
Although in Australia the executive arm is strongly linked to the legislature, there remains provisions within the constitution amied at protecting the executive institution to an extent and providing the queens representatives with power (although through convention verry little of the Governors and governor general's executive power is ever used). Such provisions include the need to notify the governor general of a meeting of the executive council and some of the reserve powers.

^that's a lil bit scrappy (haven't done this for a whlie) and it took 4.5 minutes to write so it's about the right length for me.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 27, 2010, 09:41:15 am
Cheers for the help!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 28, 2010, 09:13:21 pm
Another question:

At what stage in the legislative process is an amendment to a bill most likely to be discussed? Give a reason for your answer. (2 marks)

I was thinking along the lines of "Consideration-in-Detail" - since the bill is examined and debated clause-by-clause, but I'm not 100% sure.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on December 28, 2010, 09:32:38 pm
Yep, thats right... I remember stuffing that one up on a practice exam -_-  It's definitely consideration in detail! :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 28, 2010, 09:37:15 pm
Thanks! =D
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 28, 2010, 09:48:06 pm
how are you guys studying?
I grabbed the study design dot points, ill probably be taking relevant notes down from there
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 28, 2010, 10:02:01 pm
I've looked over the study design, though I haven't done much besides that. I'll probably make notes which are relevant to the study design soon, since currently, I'm writing notes on everything from the textbook (which may not be all necessary) - I want to make sure I cover everything.

For some reason, I never do dot points - I write my notes in large chunks of paragraphs - which are my summaries. :P

Half-way through Unit 3.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 29, 2010, 12:14:34 pm
Another question:

What's the difference between the attorney-general and the governor-general?.. in terms of their roles etc?

Presumably, the attorney-general relates to the VLRC, while the governor-general is involved in giving royal assent to legislation and so on?

This question isn't in any textbook or anything, I was just curious to know.

Cheers to anyone who can answer it!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 29, 2010, 02:10:51 pm
Yeah pretty sure you got it. Governor General is the representative of the queen and because of the nature of responsible govt. is kind of a token position, just like the queen.

Also I believe they are in separate branches of govt.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 29, 2010, 03:19:47 pm
Another question:

What's the difference between the attorney-general and the governor-general?.. in terms of their roles etc?

Presumably, the attorney-general relates to the VLRC, while the governor-general is involved in giving royal assent to legislation and so on?

This question isn't in any textbook or anything, I was just curious to know.

Cheers to anyone who can answer it!
according to my legal dictionary:

the attorney general is the head legal officer appointed by the premier or prime minister and respresenting the corwn. a member of cabinet responsible for the initation of legisalation into parliament

govenor general is the title given to the queen's representative in federal parliament.to become valid,all new federal laws must recieve royal assent from the govenor general.

so basically the attorney general is responsible for the initiation of legislation(bills) and the govenor general is responsible for the approval of a bill into an act

hope this helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 29, 2010, 03:21:34 pm
Is the legal dictionary worth buying?
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 29, 2010, 03:24:05 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 29, 2010, 05:03:42 pm
Cheers for the help Burberry and adelaide.emily10.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 02:14:41 pm
Quote
Question 7 (4 marks)

Parliament is said to be an effective lawmaker. Explain two strengths and two weaknesses of parliament as a law maker.

For a basic question such as the one above, do the strengths need to correspond with the weaknesses and vice versa?

In Legal Studies 1/2, I was told they don't necessarily need to correspond, unless it is a "Critically evaluate" question - in which case, they have to correspond.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 30, 2010, 03:56:41 pm
Quote
Question 7 (4 marks)

Parliament is said to be an effective lawmaker. Explain two strengths and two weaknesses of parliament as a law maker.

For a basic question such as the one above, do the strengths need to correspond with the weaknesses and vice versa?

In Legal Studies 1/2, I was told they don't necessarily need to correspond, unless it is a "Critically evaluate" question - in which case, they have to correspond.

Thanks to anyone who can help!
because it is a four mark question they do no necessarily have to correspond, however, when you get to 8 and 10 mark questions, corresponding them assits with the flow and so you work stands out from the rest (this is particularly important in a 10 mark question as they are marked globally than actually having a set mark allocation) but corresponding them even in 4 mark questions is still good practise but not necessary
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 04:15:24 pm
Thanks for the help!
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 30, 2010, 04:26:36 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 30, 2010, 05:11:35 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D

my one is called 'legal dictionary for australians'  by peter alderson

it contains explanatory definitions of many terms, that's why i was able to answer the question about the executive and the attorney general, so it's good for detailed knowledge. i didn't buy it because i wanted to, i had to buy it for 1/2 legal in 2009 and then i just kept it for 3/4, it really depends how you use it to get the most effective use out of it.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 05:44:54 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D

my one is called 'legal dictionary for australians'  by peter alderson

it contains explanatory definitions of many terms, that's why i was able to answer the question about the executive and the attorney general, so it's good for detailed knowledge. i didn't buy it because i wanted to, i had to buy it for 1/2 legal in 2009 and then i just kept it for 3/4, it really depends how you use it to get the most effective use out of it.

Sounds interesting!

How much did it cost, out of interest?

I'm using 2 textbooks this year, so that should be OK - one textbook may better explain certain information than the other.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on December 30, 2010, 05:55:10 pm
I have the two textbooks too. Spoke to a couple of friends who finished this year, they said its not necessary. You could get all the info you need from wiki anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 30, 2010, 06:57:20 pm
Is the legal dictionary worth buying?
well it personally helped me a lot last year, it usually helps in clarifying things the textbook doesn't explain well or doesn't cover. but it really is up to you in the end, and if you feel that the textbook is not always adequate, then i recommend you buy one

what is it called, and what exactly does it contain?
Sounds interesting, but unnecessary :D

my one is called 'legal dictionary for australians'  by peter alderson

it contains explanatory definitions of many terms, that's why i was able to answer the question about the executive and the attorney general, so it's good for detailed knowledge. i didn't buy it because i wanted to, i had to buy it for 1/2 legal in 2009 and then i just kept it for 3/4, it really depends how you use it to get the most effective use out of it.

Sounds interesting!

How much did it cost, out of interest?

I'm using 2 textbooks this year, so that should be OK - one textbook may better explain certain information than the other.
i bought it for $40 from my school booklist back in 2009. this year i used justice and outcomes, a+ legal notes and those that did 1/2 we used the legal dictionary, you probs don't need one because you have 2 textbooks
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 30, 2010, 08:56:25 pm
i bought it for $40 from my school booklist back in 2009. this year i used justice and outcomes, a+ legal notes and those that did 1/2 we used the legal dictionary, you probs don't need one because you have 2 textbooks

Yeah, I probably won't get the dictionary in the end. Hopefully the 2 textbooks can serve me just as well.

Thanks for your help anyhow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 31, 2010, 12:13:29 pm
Another question:

What is the relationship between the Victorian Parliament and the Victorian Law Reform Commission?

Is that just the VLRC recommends changes on a particular issue and its report is tabled in the Victorian Parliament?.. then, Parliament may accept the findings and make amendments?.. or conversely, reject the recommendations?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 31, 2010, 12:23:12 pm
Dont over study, go out and enjoy your day.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 31, 2010, 12:33:11 pm
Dont over study, go out and enjoy your day.

I'm Asian! >.> ... Holidays = study. :P

I'm not over-killing on study, I haven't done much Legal over the past few days. Procrastinated.

I'd still like my question answered by someone! :)

I'll take heed of your advice.
Title: Re: VCE Legal Studies Question Thread
Post by: adelaide.emily10 on December 31, 2010, 12:57:06 pm
Another question:

What is the relationship between the Victorian Parliament and the Victorian Law Reform Commission?

Is that just the VLRC recommends changes on a particular issue and its report is tabled in the Victorian Parliament?.. then, Parliament may accept the findings and make amendments?.. or conversely, reject the recommendations?

Thanks to anyone who can help!

your basically right, the vlrc was set up to monitor and recommend all law reform in victoria. the vic parlaiment particularly relies on the vlrc for formal law reform recommendations and so without the vlrc, the vic parlaiment would not necesasrily be up to date with what society wants in terms of laws and concerns.

i think i spend way too much time on this board....
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on December 31, 2010, 01:08:57 pm
Dont over study, go out and enjoy your day.
I think you should study as much as you can. overstudy meaning how much? 6+ hours a day or less?
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on December 31, 2010, 01:59:48 pm
Dont over study, go out and enjoy your day.
I think you should study as much as you can. overstudy meaning how much? 6+ hours a day or less?


Ye overstudying you can say 5+ hours a day on holidays. Im not going to touch Legal on the holidays to be honest. Ive got my A+ Notes so I might read over that a few times to understand the concepts. Im going to a 2 week school camp which we will bascially start school and enjoy sometime with the friends. Im finishing Unit3 physics there and might touch up on some Legal, English,Further and Methods
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on December 31, 2010, 02:14:06 pm
Dont over study, go out and enjoy your day.
I think you should study as much as you can. overstudy meaning how much? 6+ hours a day or less?

I agree with the first part. I suppose the reason I'm studying now, is to get a head-start and get through as much as I can before school starts. The most I've studied these holidays for one day was about 4 hours, changing subjects every so often.

For a subject like Legal, it's best to get a head-start. I PMed Wilby, who got 50 for Legal Studies this year (2010), and he told me he worked through most of Unit 3 during the holidays - which is what I'm hoping to do as well. I agree over-studying isn't all that good and you obviously need breaks in between.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on December 31, 2010, 02:18:35 pm
Legal Studies is not hard, it's one of the easier subjects you'll find. It doesn't require intense study a month before the school year starts; the best time to study hard for legals is the term 2 holidays and term 3 holidays, as Unit 4 is larger in terms of content than Unit 3.

All I did in the summer holidays last year was summarise the first 4 chapters of the textbook for our first SAC, but I'm sure there's no such thing as studying too much! ;)
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on December 31, 2010, 06:51:41 pm
To be honest I didn't do any studying for legal before school started.... Its extremelly difficult to fall behind in legal as all you are doing is reading. You can get away with keeping up with the class until Unit 4 and then getting it done quick (as flash) has said but even that isn't essential....

You guys have to find whats right for you and copying what someone did who got a 50 might not work for you, so beware  :o.... You have to remember luck plays a big part in humanity subjects on the day of the exam.... 
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 01, 2011, 11:03:49 am
Another question:

Critically evaluate two factors that may influence parliament’s willingness to change the law.

I don't know how to answer this question. I was thinking something like "Changing community attitudes and values" and "Changing expectations of the legal system", but I'm not too sure.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 01, 2011, 12:18:31 pm
Another question:

Critically evaluate two factors that may influence parliament’s willingness to change the law.

I don't know how to answer this question. I was thinking something like "Changing community attitudes and values" and "Changing expectations of the legal system", but I'm not too sure.

Thanks to anyone who can help!

If I was answering this question I'd most likely talk about formal pressure for change in the law and compare it to informal pressures for change. An example of a formal pressure is the Victorian Law Reform Committee (which is the only one list in the new study design?). These formal bodies generally are more successful than informal bodies, especially if they can table their report in parliament.

Informal pressure can come from individuals, protesters, rallies, petitions. Petitions are only successful if they have LOTS of signatures. Last year there was a 'Save Live Music' rally in Melbourne, so I liked to use that as my example. Rallies are good because they often get media attention so politicians are forced to respond/acknowledge the issue. However if a rally were to turn violent than the violence would cast the cause of the rally in a bad light.

Anyway, that's just my take on the question.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 01, 2011, 12:24:08 pm
Haven't seen a question like that before. I would say one factor would be the type of issue/area of law to be amended in terms of how sensitive it is amongst the community eg abortion. This can instigate law change as parliament (or more realistically, the government of the day) want to keep voters/their electorates happy by being seen to be taking action in such an area, or on the other hand it can make parliament unwilling to change the law as it may result in a voter backlash and/or the loss of an election.

Another factor may be the pressure of lobby groups/individuals who are demanding changes in the law. If there is no or little public interest or push for law change, then parliament may decide not to alter the law, or decide to postpone law change, however immense pressure from law reform groups will obviously make parliament more willing to amend a law.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 01, 2011, 12:42:22 pm
Thanks for the help!

@flash36 - The question isn't more specific than that, unfortunately. The first part of your answer is quite good.

I like your answer saaaaaam, it makes some sense to me.

Though my take on this question was that, it was asking reasons/factors why the Parliament may change the law, not necessarily ways of changing the law (i.e. petitions, demonstrations etc). I'm probably wrong in any case - you guys know more than me. I'm just confusing myself, so I'll leave it at that.

Again,

Cheers for the help.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 01, 2011, 12:56:59 pm
I guess it's all in the way you word your answer. I'd end it with a few lines that directly relate to the question, something like:

An informal pressure for change, such as a petition is less likely to influence parliament’s willingness to change the law, as in order to represent the entire community it must have hundreds of thousands of signatures. In comparison the Victorian Law Reform Committee has a higher chance of influencing parliament’s willingness to change the law. It is especially powerful as it reports and makes recommendations directly to the Attorney General. The VLRC's success in influencing a change in the law is evident in the James Ramage Case, where following the VLRC's recommendations, parliament abolished 'provocation' a partial defence to murder.

EDIT: Rereading the question I can easily see how you could also talk about 'factors' in terms of advances in technology (upskirting, genetic modification), change in morals (gay rights) and that sort of thing.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 01, 2011, 01:05:32 pm
I guess it's all in the way you word your answer. I'd end it with a few lines that directly relate to the question, something like:

An informal pressure for change, such as a petition is less likely to influence parliament’s willingness to change the law, as in order to represent the entire community it must have hundreds of thousands of signatures. In comparison the Victorian Law Reform Committee has a higher chance of influencing parliament’s willingness to change the law. It is especially powerful as it reports and makes recommendations directly to the Attorney General. The VLRC's success in influencing a change in the law is evident in the James Ramage Case, where following the VLRC's recommendations, parliament abolished 'provocation' a partial defence to murder.

WOW. Thanks! That could be my exact answer to the question. Like. Much appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 04, 2011, 11:53:15 am
Another question;

Are financial Bills approved by Cabinet?

I was reading about government and private member's Bills and came over financial Bills. All it says in my textbook is that it's "A proposed law concerned with government spending".

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 04, 2011, 01:12:22 pm
All I know about finance bills ATM is only HoR can initiate them. Govt. has majority there so in a sense they approve by voting for it? All guesswork as I've done v. Little for legal.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 04, 2011, 01:26:58 pm
Ohh, LOL. Don't worry about it. :p

I misread a bit of information - "As the government represents the majority in the lower house, a Bill with Cabinet support will usually be passed by parliament. A government Bill is a Bill that has been approved by the Cabinet. Government Bills include financial Bills, such as the budget, which endorse government spending."

So, yes you're in fact right.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 04, 2011, 01:45:31 pm
Do you have midyears? I've had to put off hardcore legal study to finish midyear subjects first.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 04, 2011, 01:55:33 pm
Do you have midyears? I've had to put off hardcore legal study to finish midyear subjects first.

Yep, I have the Unit 3 Chemistry exam, and that's it. I'm about a half-way through the Unit 3 Chemistry course.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 05, 2011, 07:30:47 pm
Do you have midyears? I've had to put off hardcore legal study to finish midyear subjects first.

Yep, I have the Unit 3 Chemistry exam, and that's it. I'm about a half-way through the Unit 3 Chemistry course.
Wow you study so fast :)
I've only finished the organic chemistry section of the unit 3 course which is 4/14 chapters of unit 3.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 05, 2011, 09:34:36 pm
Another question;

What's the difference between a Private Bill and a Private member’s Bill?

I'm a bit confused. I know what a Private member’s Bill is, though not really a "Private Bill".

Thanks to anyone who can help out!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 05, 2011, 10:05:43 pm
Never heard of a 'Private Bill'. Assume it's the same as PM Bill.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 05, 2011, 11:23:46 pm
According to Legal Notes:

Private Member's Bill - a bill introduced by a member of parliament who is an individual or private member. (I think they're the independents?) These are not generally successful because they don't have the support of the Government.

Private Bill - a bill that applies to a specific person, group or company. They are rare. In 1990 the Community Protection Act 1990 was passed. It's purpose was to keep Gary Webb in prison.

Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 05, 2011, 11:51:10 pm
According to Legal Notes:

Private Member's Bill - a bill introduced by a member of parliament who is an individual or private member. (I think they're the independents?) These are not generally successful because they don't have the support of the Government.

Private Bill - a bill that applies to a specific person, group or company. They are rare. In 1990 the Community Protection Act 1990 was passed. It's purpose was to keep Gary Webb in prison.

Hope that helps!

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 06, 2011, 09:40:50 pm
Another question;

What are weaknesses of delegated legalisation/subordinate authorities?

I have that it:


Though, I can't think of a third one. Is that enough?.. or is there more?

Cheers to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 06, 2011, 09:47:00 pm
Inconsistency between different areas.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 06, 2011, 09:54:08 pm
Isn't that part of the "fragments the law-making powers"?

In my textbook, it reads:

Delegated legislation means that there is a range of bodies making rules and regulations throughout Australia. As a result of this fragmentation of the law-making powers, some inconsistencies occur between the various rules and regulations made.

Though I suppose you could have it as another point.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 06, 2011, 10:09:24 pm
Oh right, I didn't know the term (haven't done any of this yet :o )
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 06, 2011, 10:11:19 pm
Another question;

What are weaknesses of delegated legalisation/subordinate authorities?

I have that it:

  • fragments the law-making powers
  • it's not a democratically-elected body - hence may not represent the majority of the people's views

Though, I can't think of a third one. Is that enough?.. or is there more?

Cheers to anyone who can help!

is this in the new legal studies course because i didnt study subordinate authorities last yr?? I did those in yr11
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 06, 2011, 10:19:47 pm
is this in the new legal studies course because i didnt study subordinate authorities last yr?? I did those in yr11

My textbook (updated for the new study design) has a good few pages on it with questions. Same, I did subordinate authorities in Year 11. It appears in my textbook again for Unit 3. It's part of "Parliament: law-making processes" in my textbook. I don't really see anything about it on the new study design, though I just want to cover all my bases. Worth going over it again?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 06, 2011, 11:47:04 pm
well if there is a section in the textbook devoted to it i would cover it again just in case...... Wouldnt want to lose marks on it in the exam if it does come up....

For your question you could also argue that sub. Authorities wouldnt have the level of resources available to parliament.... If youve studied it you should know that parliament pretty much has access to anything it wants when making laws.... Sub. Authorities such as local councils and the likes arent as lucky and are therefore limited.... Im pretty sure local councils are sub. Authorities    *tries to remember yr 11*
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 07, 2011, 12:07:14 am
I think subordinate authorities were in the study design a few years ago, were removed, and are now back in it again.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on January 07, 2011, 12:22:01 pm
It relieves pressure on parliament in law-making areas due to the fact that they can delegate areas of lesser priority (such as those things in council jurisdiction) to seperate bodies and save time/resources?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 07, 2011, 10:31:18 pm
Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 08, 2011, 11:17:27 am
Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?

It isn't stipulated anywhere that you have to, but if you want to get above 40, I would say yes.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on January 08, 2011, 08:18:29 pm
Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?

I was told by my teacher to remember certain sections of the Constitution in relation to things like referendums, Commonwealth Parliament superiority, seperations of powers and division of powers, but I'm not sure if that still applies to the new study design. Knowing the sections shows that you have knowledge of the specific topic but weren't required, from what I was told.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 08, 2011, 08:46:38 pm
Thanks for the responses. True to what flash36 said, my thinking is that adding that little bit more information/detail can be difference between getting full marks or not.

Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on January 08, 2011, 08:53:09 pm
Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.

Yeah, they have been released for all subjects. I'm just eagerly awaiting the exam assessment reports to see where I screwed up.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 08, 2011, 09:52:47 pm
Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.

Yeah, they have been released for all subjects. I'm just eagerly awaiting the exam assessment reports to see where I screwed up.
ahh, the memories...
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 12, 2011, 07:59:18 pm
Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?
It's not required but these are the ones that I remember and I find useful in answering questions related to division of law-making power:
Section 51,52 to explain specific powers
Section 116, 117 restrictions on the Commonwealth parliament
Section 114,115 restrictions on the State Parliament (exclusive powers example)
Section 51(xxi) marriage as an example of a concurrent power
Section 109 - Conflicting concurrent powers and how it is resolved
Section 128 - Process of changing the constitution
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 13, 2011, 01:25:13 pm
Cheers for the help lilaznkev1n!

Another question;

In the end-of-year exam, are students only meant to compare the Australian constitution with one other country (i.e. United States, Canada, New Zealand and South Africa)?
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 13, 2011, 01:33:25 pm
Cheers for the help lilaznkev1n!

Another question;

In the end-of-year exam, are students only meant to compare the Australian constitution with one other country (i.e. United States, Canada, New Zealand and South Africa)?
yup. In exam only do one, but some schools teach two for sacs (and I refferenced USA in one of my sacs even though we did canada- but was warned to definately not do this in the exam).
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 13, 2011, 09:09:40 pm
I have a few questions, so I thought I'd post them in one go. :p

  • Explain how civil pre-trial procedures can both assist and limit the achievement of the timely resolution of disputes. Illustrate your answer with two examples.
  • Explain how the legislative powers of the Commonwealth Parliament can be altered by High Court interpretation of the Constitution.
  • Explain why the government must be both representative and responsible.

If anyone can answer any of the above questions, that would be much appreciated!
1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
Examples: Interogatories stage can clear up any questions that either party might have before the trial (thus saving time), however one party may flood the other party to stall the process.
I can't think of another one right now. Also, read up on something called the 'case list management system'- or something along those lines- aimed at streamlining this and avoiding delays.

2) When the high court declares legislation to be ultra vires it redifines to an extent that parliament's jurisdiction to not include that legislation or legislation simmilar to it... Franklin Dam would be a good case study for this (c'wlths power being extended, states power being narrowed).

^I think this is right, although I'm not 100 percent sure.

3) they have to be representative because their laws must be indicitive of the community's values and morals otherwise the parliament (and their laws) will lose the respect of the people, which could lead to disobediance (Penhaluriak's store hours law is an example of a law which was no longer representative). I can't remember the responsible bit very much. I can remember what it is, but that's all. Perhaps someone else can help out with this one.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 13, 2011, 09:32:02 pm

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 13, 2011, 09:36:23 pm
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion.

I think that's right. They're called Alternative Dispute Resolution Methods (ADRs). There is; Negotiation, Mediation, Conciliation and Arbitration. All of them are informal methods of resolving disputes, bar Arbitration which is formal.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 14, 2011, 12:18:41 am

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 14, 2011, 12:51:48 am

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).

Oh, right cool. Was the david jones one arbitration? I remember reading that arbitration was done at the magistrate's court, for commercial matters in which $10,000+ was being demanded or something..not 100% sure
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 14, 2011, 01:33:10 am

1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).

Oh, right cool. Was the david jones one arbitration? I remember reading that arbitration was done at the magistrate's court, for commercial matters in which <10,000 was being demanded or something..not 100% sure
nah, David Jones was conciliation. You're right about magistrates' court, 7 years ago or so it used to be 5,000 but The Great Rob Hulls lifted it up (used it for part of one of my reforms last year :D). Judges can also refer any civil case they like to arbitration at any point of the trial if they feel so inclined. But it doesn't happen very often.

I remember this was my second least favourite area of study (pipped at the post by criminal procedures). ADR is just no fun compared to real court :(
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 14, 2011, 11:53:57 am
Thanks for the help chrisjb. I've studied the Franklin Dam case before, I think that was where the Commonwealth Parliament over-rid the Tasmanian Government. The Commonwealth Parliament passed legislation that included the area around the proposed site of the dam, protecting it. While the Tasmanian Government wanted to build the dam. The Tasmanian Government challenged the constitutional validity of the legislation before the High Court, and the Commonwealth Parliament won out, I think. Is that right?

Though, I'm still unclear on the third dot point about why the government must be both representative and responsible. Your point does make sense though.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 14, 2011, 01:32:34 pm
Though, I'm still unclear on the third dot point about why the government must be both representative and responsible. Your point does make sense though.

Being representative and responsible are two main ways that democracy is upheld in Australia. As politicians act on behalf of their citizens they become accountable and answerable to their people. If they want to be re-elected than they should also be representative and responsible because nobody wants a Government who doesn't care or listen.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 14, 2011, 10:39:58 pm
Cheers for the help saaaaaam. Much appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: _avO on January 14, 2011, 11:21:47 pm
If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 14, 2011, 11:27:04 pm
If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year

Excellent idea, thanks _avO!

The links for these two questions are together though, you'll need to separate the links:

Explain how civil pre-trial procedures can both assist and limit the achievement of the timely resolution of disputes. Illustrate your answer with two examples.
Explain how the legislative powers of the Commonwealth Parliament can be altered by High Court interpretation of the Constitution.
Explain why the government must be both representative and responsible.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 15, 2011, 11:08:15 am
If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year

Excellent idea, thanks _avO!

Ditto that. Niccce. Others should ask questions as well; nearly all the questions on the OP have been asked by me. :p
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on January 15, 2011, 11:42:05 am
Quick Question!

Does anyone know what 'a folio of exercises' is?
Because thats what my first Legal SAC is.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 15, 2011, 12:14:57 pm
I don't know. It's on the study design, but it's not clear. Could be a collection of questions/exercises from your textbook?

Perhaps email your teacher or something, if he/she is back from holidays, they can help you. I've never come across that.

Quote
The student’s performance on each outcome will be assessed using one or more of the following:

• A case study
• Structured questions
• A test
• An essay
• A report in written format
• A report in multimedia format
A folio of exercises.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 15, 2011, 12:20:19 pm
My holiday homework for legal last year was producing a folio. We were given five articles and had to answer question about them. Then we had to source another five articles and talk about their relevance to the legal studies course. There was also a stack of definitions that needed to be defined and links to websites about Parliament, where tables/graphs needed to be printed and commented on.

Except ours wasn't assessed and our first SAC was in the form of a test.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 15, 2011, 12:24:17 pm
We did that in year 11; collected a folio of current court cases and wrote up a report about them eg civil or criminal law, facts of the case, burden and standard of proof, sanctions imposed etc etc.
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on January 15, 2011, 01:39:47 pm
Ah I see! Thanks for your help guys!
It makes sense.
I thought SACs had to be done in test conditions so I couldn't figure out what we had to do. But yeah its alot clearer now. I'll have to double check with my teacher to find out what we're really doing because I just remembered  we did a practice SAC and it was a test? lol

Anyway thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 04:22:27 pm
Another question;

Could someone explain to me what the "Scrutiny of Bills Committee" is?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 18, 2011, 04:26:45 pm
Erm I believe thats what they call the house of parliament when it reviews the bill in great detail, correcting any vague terms etc.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 04:34:02 pm
Ah, right. Cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 18, 2011, 04:37:17 pm
I've only read chapter one so far, but its very similar to 1/2 and Interpol. Not certain though so I looked it up for you.

I think what I said was correct.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 06:46:51 pm
Another question;

Describe the law-making processes of either the Commonwealth Parliament or the state parliaments. Do they operate to meet the needs of society effectively?

Obviously that's just; First Reading, Second Reading, Consideration-in-detail/Committee of the Whole, Third Reading etc. Though, how would people answer the second part of the question?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 18, 2011, 06:59:59 pm
Another question;

Describe the law-making processes of either the Commonwealth Parliament or the state parliaments. Do they operate to meet the needs of society effectively?

Obviously that's just; First Reading, Second Reading, Consideration-in-detail/Committee of the Whole, Third Reading etc. Though, how would people answer the second part of the question?

Thanks to anyone who can help!

For this you could look at time... Society might need law to be made really quickly. Take terrorism for example , before 9/11 there were barely any laws on terrorism so parliament had to go crazy and make laws to protect citizens so you could say that the process can be adjusted to fit the needs of society. Cause normally it takes a long time/ parliament isnt always sitting and so on

I'd also talk about the detail in which a law is examined before becoming official i.e the committee stage. This ensures that societys views are characterised well within the law and that the majority of societys needs are upheld.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 07:31:23 pm
Cheers for the help andy456.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 18, 2011, 07:35:18 pm
Is it bad that I understand none of this stuff at the moment? (I'm yet to study the legal course for holiday homework)
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 18, 2011, 07:39:34 pm
Is it bad that I understand none of this stuff at the moment? (I'm yet to study the legal course for holiday homework)
You mean you don't understand something you haven't learnt???? Terrible!!!

Jokes.... This stuff is easy to grasp and once you read it you'll think 'well duh thats just common sense'
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 18, 2011, 07:57:46 pm
Jokes.... This stuff is easy to grasp and once you read it you'll think 'well duh thats just common sense'

I agree. It doesn't matter if you don't get it right now, you'll get it in the end no doubt. It's easy enough.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 18, 2011, 09:41:04 pm
Nothing to get, you just have to read it once or twice and remember it.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 19, 2011, 08:38:37 pm
Another question;

On the study design it says "The capacity of the states to refer law-making power to the Commonwealth Parliament"; I'm not too sure what it means. It's AOS 2, by the way. All I remember from Units 1/2 in relation to this was the "division of powers"; exclusive, concurrent and so on. If anyone can help that would be appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on January 19, 2011, 08:44:51 pm
Nothing to get, you just have to read it once or twice and remember it.

And you can guess a large amount of it, nearly all the answers I've given so far I've assumed from minimal reading.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 19, 2011, 08:47:13 pm
Another question;

On the study design it says "The capacity of the states to refer law-making power to the Commonwealth Parliament"; I'm not too sure what it means. It's AOS 2, by the way. All I remember from Units 1/2 in relation to this was the "division of powers"; exclusive, concurrent and so on. If anyone can help that would be appreciated.

So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 19, 2011, 10:23:03 pm
So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.

That's what I was thinking, "who wants to willing give away their power?". Is that as much as you would need to say for this point? Just give an example that shows a state giving up a power to the Commonwealth?
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 19, 2011, 11:26:32 pm
So any power that is not listed in the constitution automatically becomes a power of the states. One such area is criminal law. If the states want to, they can give up these powers and give them to federal parliament. This is what the referring of power is.

It's rare that this happens, I mean, who wants to willing give away their power? But it did happen sometime in the past decade. You see Federal Parliament deals with the break up of relationships but de facto relationships were a power of the state. To make it easier the states gave up this power to the commonwealth so that the break up of all marriage/relationships could be dealt with together in the one place.

That's what I was thinking, "who wants to willing give away their power?". Is that as much as you would need to say for this point? Just give an example that shows a state giving up a power to the Commonwealth?

I really should have done this before I answered the first time but anyway. I searched through my computer files to find my personal notes from the year. This is what I had on referred powers. You would never need to write more than this.


Referral of Power
•   S.51 of the constitution gives the commonwealth parliament power to make laws on powers referred to it by state parliaments
•   States have given power in relation to the break up of de facto relationships
•   Parliament previously had the power to legislate on marriage and divorce, but de facto relationships remained a residual power
•   Referred the powers so that de facto relationships could be resolved in the Family Court, which was a federal court

However if you ever have a big question about changing the constitutional powers it would be easier to answer with referendum and/or high court interpretation. Just because there's more to say about them.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on January 19, 2011, 11:33:46 pm
referral of power can also be a good thing though... Sometimes it makes sense to give up your power to someone else... As i recall terrorism was not mentioned in the constitution and when the issue arose the power was with the states.... They all saw it as right to refer the power to the commonwealth and rightly so... It makes more sense for major issues to be dealt with nation wide..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 20, 2011, 09:43:37 am
Thanks for the help saaaaaam and andy456.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 20, 2011, 07:15:34 pm
Another question;

What happens in a triple majority as opposed to a double majority, in reference to a referendum?

We touched on it in Units 1/2, but I can't seem to remember how it works; I do know what a double majority is.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 20, 2011, 08:02:23 pm
Another question;

What happens in a triple majority as opposed to a double majority, in reference to a referendum?

We touched on it in Units 1/2, but I can't seem to remember how it works; I do know what a double majority is.

Thanks!

That sparked my curiousity, just because I've never heard of it before. This is what wikipedia has to say:

Quote from: wikipedia
In order to pass a referendum, the bill must ordinarily achieve a double majority: a majority of those voting throughout the country, as well as separate majorities in each of a majority of states (4 of 6). In certain circumstances, where any state or states are affected by a referendum then a majority of voters in those states must also agree to the change. This is often referred to as the "triple majority" rule.

But maybe get this double checked, just because it's wikipedia and not trust worthy and all.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 20, 2011, 09:51:24 pm
Ah, right. I shall. Can I assume I don't need to know it, since you did Legal Studies last year and didn't come across it? Do I just need to know what a double majority is? I don't think that aspect of the course; referendum, has changed from the previous design.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 20, 2011, 10:37:08 pm
Yeah just know about the double majority provision, the process the referendum has to go through, reasons why they are generally unsuccessful and have a few examples up your sleeve.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 10:58:47 am
Another question;

What does "bipartisan support" mean in relation to a referendum?

Is that like both houses of parliament/major political parties support or something?

Cheers!
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on January 21, 2011, 11:06:56 am
Another question;

What does "bipartisan support" mean in relation to a referendum?

Is that like both houses of parliament/major political parties support or something?

Cheers!

Yes, the two major political parties.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 11:33:58 am
Hey, what chapters are you guys up to?
Anyone using study guides already?
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on January 21, 2011, 11:35:48 am
I've read and noted the first few pages
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 11:39:49 am
Chapter 5, which is the Constitution. It's the second last chapter in Unit 3. I've made notes and answered textbook questions, nothing more than that. I haven't used any study guides yet, I'm preparing for my first SAC which is quite early comparatively (late Feb); so I may use it then. I'm finishing off Unit 3 now, since I'll have my mid-year exam (Chemistry) which I'll focus on mainly in Semester 1.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 11:59:38 am
Oh I see... I'm finding it a little difficult to take down precise notes? The key knowledge dot points are there, but the way the information is structured does not hint at how I should take my notes. For my subject last year, I could literally write down key knowledge dot points, and the information I needed was under the specific heading.

Question:
Learning Activity 1.1
A) what is the Westminster System?
B) in what way is the australian parliamentary system a constitutional monarchy?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 12:55:46 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.

Quote
B) in what way is the australian parliamentary system a constitutional monarchy?

We have a governor-general/governor, which represents the Queen. I think that's right.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 07:15:36 pm
Quote
B) in what way is the australian parliamentary system a constitutional monarchy?
We have a governor-general/governor, which represents the Queen. I think that's right.
A constitutional monarchy is where a monarch is the head of state. The Queen (in our case, the monarch) acts as a figurehead and her role is mainly ceremonial. It is most common for her to consult/take advice from the government before using her political power.
It should also be noted that, the Queen is bound by the Australian constitution, which outline the rules by which Australia will be governed.

I'm starting to dislike this textbook (Justice and outcomes 11e), despite it's exceptional aesthetics the theory is meh.. And what is "11e" anyway lol


also, does anyone have the answers to my textbook?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 07:28:07 pm
Quote
B) in what way is the australian parliamentary system a constitutional monarchy?
We have a governor-general/governor, which represents the Queen. I think that's right.
A constitutional monarchy is where a monarch is the head of state. The Queen (in our case, the monarch) acts as a figurehead and her role is mainly ceremonial. It is most common for her to consult/take advice from the government before using her political power.
It should also be noted that, the Queen is bound by the Australian constitution, which outline the rules by which Australia will be governed.

I'm starting to dislike this textbook (Justice and outcomes 11e), despite it's exceptional aesthetics the theory is meh.. And what is "11e" anyway lol

Isn't that what I essentially said, about having a governor-general/governor who represents the Queen?

If you don't like the textbook, if you have the money, buy another Legal Studies textbook for your own use; it may better explain the information than the one prescribed by your school. I've got three textbooks for this year.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 07:34:03 pm
Quote
B) in what way is the australian parliamentary system a constitutional monarchy?
We have a governor-general/governor, which represents the Queen. I think that's right.
A constitutional monarchy is where a monarch is the head of state. The Queen (in our case, the monarch) acts as a figurehead and her role is mainly ceremonial. It is most common for her to consult/take advice from the government before using her political power.
It should also be noted that, the Queen is bound by the Australian constitution, which outline the rules by which Australia will be governed.

I'm starting to dislike this textbook (Justice and outcomes 11e), despite it's exceptional aesthetics the theory is meh.. And what is "11e" anyway lol

Isn't that what I essentially said, about having a governor-general/governor who represents the Queen?

If you don't like the textbook, if you have the money, buy another Legal Studies textbook for your own use; it may better explain the information than the one prescribed by your school. I've got three textbooks for this year.

Oh, three is a lot, which of them do you like best? Is there much of a variation between the three in terms of structure and styles of questions?
I may just stick to this textbook and use my 1/2 stuff to clear things up, and maybe buy some study guides

Q. In the constitution, the executive power is vested in the queen. Does this mean that the queen makes decisions about what laws should be passed? Explain.

- I know she doesn't, and that the governor general has to give their royal assent for a law to be passed (amongst other things) but what else would you write?
Anything about her being bound to the constitution, or is that irrelevant?
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 21, 2011, 07:36:49 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.
This question is similar to the very first question on the 2010 exam "Outline the structure of the Victorian Parliament" and you said correctly that it is bicameral and that there are two houses, but I think that for you to gain the full 2 marks, you would need to mention that there is also a queens representative.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 07:40:54 pm
Oh, three is a lot, which of them do you like best? Is there much of a variation between the three in terms of structure and styles of questions?
I may just stick to this textbook and use my 1/2 stuff to clear things up, and maybe buy some study guides

Not really. They're all pretty good; "Making & Breaking the Law", "Key Concepts" and "Justice and Outcomes". The lecturer at TSFX said the same thing. It doesn't really matter what textbook you have, they're all good this year. I have e-book copies of the three textbooks. I've kept my Units 1/2 stuff as well; I guess some parts of Units 3/4 is a repeat of Units 1/2, hence it may be useful later on. I've only bought the Cambridge Checkpoints 2011 in terms of study guides.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 21, 2011, 07:41:03 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.
This question is similar to the very first question on the 2010 exam "Outline the structure of the Victorian Parliament" and you said correctly that it is bicameral and that there are two houses, but I think that for you to gain the full 2 marks, you would need to mention that there is also a queens representative.
Hey could u have a shot at answering: Q. In the constitution, the executive power is vested in the queen. Does this mean that the queen makes decisions about what laws should be passed? Explain.

Also, you only lost 4 marks in the exam, is that seriously only a 42? I'm assuming your SACs must have let you down right? Is it easy to lose marks in legal studies? I know for I.T Apps, you have a very good score if you lose ~10ish marks, probably not the same for legal though right?

Would you mind uploading the 3 e-books?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 21, 2011, 08:06:56 pm
Quote
Would you mind uploading the 3 e-books?

They're too big to upload on VN. Unless I have MediaFire or RapidShare, then I can; though I don't know how to use those websites.
Title: Re: VCE Legal Studies Question Thread
Post by: lilaznkev1n on January 21, 2011, 09:37:13 pm
Cover everything just to be sure?

Quote
A) what is the Westminster System?

It's the system on which the the Australian Parliament is based; where you have two houses, the upper and lower house. Bicameral.
This question is similar to the very first question on the 2010 exam "Outline the structure of the Victorian Parliament" and you said correctly that it is bicameral and that there are two houses, but I think that for you to gain the full 2 marks, you would need to mention that there is also a queens representative.
Hey could u have a shot at answering: Q. In the constitution, the executive power is vested in the queen. Does this mean that the queen makes decisions about what laws should be passed? Explain.

Also, you only lost 4 marks in the exam, is that seriously only a 42? I'm assuming your SACs must have let you down right? Is it easy to lose marks in legal studies? I know for I.T Apps, you have a very good score if you lose ~10ish marks, probably not the same for legal though right?

Would you mind uploading the 3 e-books?
Executive power is one of the principles of the separation of powers and it is the power to implement and administer laws. It is exercised by the Governor-General which is the queens representative. However, this does not mean that the queen makes laws about what laws should be passed as the governor-general acts on the advice of the government. Due to the queens representative acting on the advice of the government this will mean that the queens representative holds this power in theory but in practice it is wielded by the government therefore the queen doesn't directly makes decisions about what laws should be passed.

We never went into so much detail about the separation of powers last year so my answer might not be complete.
Yeah my SAC's last year let me down. Here is what I got:
GA1: A (87/100)   GA2: A+ (94/100) GA3: A+ (112/120)
My friend got the same exam score as me but got nearly 100% on all his sacs and managed a study score of 45.
For legal this year the A+ cutoff was 53/60 and marks isn't that hard to lose. For questions that are worth 2 or 4 marks, you have to have specific points to gain full marks therefore they are harder to lose marks on. While, 6,8,10 mark questions are marked globally which means the examiner marks it not according to how many points you have, but the strength of your arguments so I find that these questions are easier to lose marks on.

If you get above 90% on all your sacs you should do fine study score wise.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 22, 2011, 10:23:37 am
Quote
If you get above 90% on all your sacs you should do fine study score wise.

That's true. I don't know where my other post went; but, I went to the TSFX Legal Studies lecture just recently and I found it to be quite good. Aside from the general view that people have of TSFX; the notes were good and detailed, as well the lecturers, who I thought, spoke reasonably well. I'd go again to their lectures, if they ran one prior to the end-of-year exam. It was worth the money in my opinion. I'd being willing to post some cases up - if anyone wants me to; the notes gave a whole stack of cases that can be referred to in SACs and the end-of-year exam.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 22, 2011, 12:05:41 pm
Quote
If you get above 90% on all your sacs you should do fine study score wise.
I'd being willing to post some cases up - if anyone wants me to; the notes gave a whole stack of cases that can be referred to in SACs and the end-of-year exam.

Are the notes that they gave you supposed to cover the whole course, or just unit 3?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 22, 2011, 12:12:24 pm
Quote
If you get above 90% on all your sacs you should do fine study score wise.
I'd being willing to post some cases up - if anyone wants me to; the notes gave a whole stack of cases that can be referred to in SACs and the end-of-year exam.

Are the notes that they gave you supposed to cover the whole course, or just unit 3?

Mainly Unit 3. They have another lecture sometime during the year to cover Unit 4.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 24, 2011, 08:30:58 pm
How is everyone going for Legal?

I've done nothing for about two weeks and I go back to school on Thursday. I'm still on the Constitution. I might start studying for my first SAC which is in late February; make flash cards/do practice SACs and so on. I've covered everything on my first SAC, I just need to look over the content again. How about you guys?
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on January 25, 2011, 11:40:47 pm
I've only read the first few pages, back Friday week
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on January 28, 2011, 06:47:29 pm
How is everyone going for Legal?

I've done nothing for about two weeks and I go back to school on Thursday. I'm still on the Constitution. I might start studying for my first SAC which is in late February; make flash cards/do practice SACs and so on. I've covered everything on my first SAC, I just need to look over the content again. How about you guys?
wow, this time last year I hadn't even done the holiday homework that was set. Our class didn't even do constitution SAC untill term 2 (studied my ass off in the term1-2 holiday for it). You're way ahead man.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 28, 2011, 06:53:58 pm
Today I started reading (aloud) chapter 1 from both Justice&Outcomes and Key Concepts textbooks, then did some writing on the whiteboard, then handwrote all the notes for AOS1. Will do questions for it tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 28, 2011, 09:48:04 pm
You finished AOS1 in ONE DAY?

you are superhuman.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 28, 2011, 09:49:26 pm
You finished AOS1 in ONE DAY?

you are superhuman.

Sort of. Now that you told me chapter 2 of J&O is AOS1 as well, I haven't exactly finished. BUT, I did cover all of chapter 1 of Key Concepts, which covers all of AOS1.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 28, 2011, 09:51:43 pm
Still a pretty Darn good effort.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 28, 2011, 09:55:48 pm
How many chapters/topics does AOS 1 cover? How many AOS's are there in Unit 3? I never look into these things; I just make notes and do the questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 28, 2011, 09:59:36 pm
Well depends what Textbook you are using, but for KC whole of Chapter One is AOS1 and Chapters 1 & 2 for J&O.

Unit 3 has Three AOS's.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 28, 2011, 10:00:30 pm
EPL, I thought you were writing notes off the study design, hence you'd know about all this stuff? :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 28, 2011, 10:06:48 pm
EPL, I thought you were writing notes off the study design, hence you'd know about all this stuff? :)

Ohh, my textbook clearly doesn't correlate to the study design. In "Making & Breaking the Law", I think there are 2 AOS's for Unit 3?

According to my teacher, the first 4 chapters of the textbook that I'm using is AOS 1. There are only 6 chapters for Unit 3 in my textbook. I've finished Unit 3 in that case. My textbook is by far the worst; it doesn't even show what chapters cover each AOS. Sighh.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on January 28, 2011, 10:27:39 pm
AOS 1 is pretty easy, you'll all smash it.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on January 29, 2011, 10:34:08 am
ch.1 is like the stuff we did last year anyway..i felt so bored revising it. To be honest, i think i won't skip ahead and finish the course, i'm going to go a bit ahead of my school, so in class is revision and im ahead on SACs..skipping ahead on legal is too boring/hard to do
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 29, 2011, 10:45:44 am
Agreed. There's so much to do and cover, there's no way I'd even think about finishing the whole thing..
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 29, 2011, 03:57:57 pm
Does anyone know whether I should set up a file with case studies and examples for every topic in the Legal Studies course? I know I'll need to add an example to some answers to the major topics, but for stuff like 'reasons for a change in the law', 'principles of the parliamentary system' and  other minor stuff, should there be examples and extracts from real life situations to support answers to questions on these topics?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 29, 2011, 04:17:16 pm
Not necessarily everything covered in the course will be tested on the exam. They; being VCAA can only test so much in a 2-hour exam. I doubt you would need to know examples for minor details. Just have examples of cases, acts for big areas; which you can refer to come the end-of-year exam. For example for 'reasons for a change in the law' you can just say 'changing community values and attitudes' and give an example like marriage. That's as far as I would go. It also depends on the allocated marks for the question; I wouldn't waste my time giving an example for a one-mark question. It's up to you though.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on January 29, 2011, 08:12:30 pm
Ohh, and I was going to ask; what's people's set-up for Legal Studies? I've got two exercise books; one for notes and the other for doing questions in. I have also got a plastic folder to put work into (i.e. SACs, worksheets).
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on January 29, 2011, 08:19:01 pm
Ohh, and I was going to ask; what's people's set-up for Legal Studies? I've got two exercise books; one for notes and the other for doing questions in. I have also got a plastic folder to put work into (i.e. SACs, worksheets).

I've got a ring folder which has looseleaf paper for writing notes for each AOS in, one exercise book for doing questions in, a couple plastic pockets for handouts and stuff. I've got a manilla folder for Legal Unit 3 as well - when I'm done with AOS 1 I'll take the notes for AOS 1, put them into a plastic pocket, and move it from the ring folder to the unit 3 manilla folder, so the ring folder only has stuff that's relevant to what I'm doing at that time. Saves carrying heaps of stuff too.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on January 29, 2011, 08:22:29 pm
Agreed. There's so much to do and cover, there's no way I'd even think about finishing the whole thing..

Yea just finished AOS1 today, not gonna do anything more till school starts.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on February 02, 2011, 02:44:34 pm
I've got an exercise book with my name on it
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 02, 2011, 04:44:01 pm
Another question;

What is meant by the term "hostile house"?

I got this question on some Legal Studies worksheet handed out in class; I've got no idea. It's not in my textbook either.

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 02, 2011, 04:56:08 pm
Hostile house is when the Upper house is controlled by the opposition. (eg. The upper house majority is Labor, and the lower house majority is  Liberal.) The upper house would be expected to review the bills passed through the lower house more carefully. This would make it more difficult to pass the bills, because they want to vote with their party lines.
Does that make sense? :S
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on February 02, 2011, 05:03:25 pm
I'm familiar with the term 'Hostile upper house'  which is when the party not in government (or a coalition of parties or a group of unaffiliated independants/minor parties) hold either a majority or ballance of power in the Upper house of a bicameral system (i.e. the senate/legislative council). It means that it's very difficult for the government to pass legislation through as it will often be blocked (see Gough Whitlam; also the howard government's gst bill).

i.e. the government only has majority in house of reps.

As bills can be initiated in the upper house, the lower house could also be considered hostile in situations, so I'd guess that the term 'hostile hosue' is exactly the same as 'hostile upper hosue' except it can be used to reffer to either the upper or lower hosue.

dang! beaten to it by ech_93
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 02, 2011, 05:10:36 pm
Thanks guys! Much appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 04, 2011, 08:42:04 pm
Another question;

What's the difference between 'statutory Bills of Rights' and 'entrenched Bills of Rights'?

Thanks to anyone who can help!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 04, 2011, 10:09:33 pm
statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.
and entrenched bill of rights is when they are protected in the constitution and can only be removed through a referendum.

I think thats right, i will dig up one of my past sacs to see though...

edit: yeah, in a sac we had a pretty similar question. My answer was "An entrenched Bill of Rights cannot be changed easily, they can only be changed through a successful referendum. A statutory bill of rights is when the rights are protected through legislation rather than a Constitution. The statutory bill of rights can be changed through amendments to the legislation.'"
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 04, 2011, 10:14:55 pm
statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.
and entrenched bill of rights is when they are protected in the constitution and can only be removed through a referendum.

I think thats right, i will dig up one of my past sacs to see though...

That's pretty good. Though, could you elaborate on the bits in bold? I'm not really sure what you mean by 'protected under laws/statute' and 'law amendments'. Would 'law amendments' refer to the interpretation by the courts or something? That would be great if you could dig up one of your past SACs.

EDIT: Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 04, 2011, 10:18:10 pm
Do you still want me to elaborate, or does it make sense? My initial explanation wasn't very clear...
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 04, 2011, 10:20:17 pm
Could you elaborate just for the first bit?

statutory bill of rights are when the rights are protected under laws/statute (if that makes sense), and can be changed through law amendments.

That. Thanks, that would be greatly appreciated. =]
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 04, 2011, 10:39:36 pm
ok so a statutary bor is a bill of rights in the form of an act of parliament.... So its just like they make a law about anything... Afaik its the normal bill process into an act..... So then there is a law saying what is protected..... This can easily be changed compared to entrenched bor..... The statutory one can be changed by the creation of a law that nullifies ,dont know if thats a word, the bor....

Hopefully this is right..... Last year i studied an entrenched bor and only briefly went over this
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 04, 2011, 10:48:21 pm
Well, the statutory bill of rights are just like any other law. They don't have any special way of changing and making amendments (unlike the constitution which has the referendum process to follow). The statutory bill of rights would be amended in the same way that, for example, The Road Safety Act would be changed - it would be taken through parliament or changed in the courts. But, for the entrenched rights the public must vote on it.
This way you could argue that the entrenched rights are more fair and just as we have a say, where we don't have as much a say with statutory bill of rights.

In my textbook it sets out the difference between australia's rights (entrenched bill of rights) and the united kingdom's rights (statutory bill of rights)

Differences
United kingdom:Statutory rights (a bill of rights) listed in the act of parliament -- Australia: No bill of rights
United kingdom: No constitutional entrenched rights -- Australia: Five constitutional entrenched rights
United kingdom:Many rights protected -- Australia: Only five protected under the constitution.
United kingdom: An act of parliament can be passed to amend the Human Rights Act if it can be seen publicly safe -- Australia: Rights can only be removed from the Constitution through referendum


If it is in your textbook you should read about how things work in the united kingdom, that would help make more sense.

Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 05, 2011, 09:48:45 am
Thanks for your help guys. =]
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 04:05:44 pm
A question from Justice&Outcomes (pg. 10):

In the Constitution, the executive power is vested in the Queen. Does this mean that the Queen makes decisions about what laws should be passed? Explain.

This question's confusing me because it's supposed to be testing knowledge on the specific section of the chapter in the pages before these questions, but executive powers aren't discussed until later on in the chapter.. So I'm confused as to how I should answer it when the actual content of the question hasn't been discussed in the book.

But it's also slightly poorly worded, because maybe the question is asking whether executive power = ability to make decisions about which laws get passed?

Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on February 05, 2011, 04:39:00 pm
The answer is no
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 04:42:42 pm
So you're saying that the question is asking whether executive power = ability to make decisions about which laws get passed?

If so, that's pretty strange.. executive power hasn't been covered in the section before the question.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 04:52:08 pm
Hmm and also strange that the answer may be 'no' because generally speaking, executive power is the power that the Queen/her representatives have in administering and policing the law.. which I guess would also mean having the ability to make decisions about which laws get passed and which don't?
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on February 05, 2011, 06:26:44 pm
Its probably asking to you respond about responsible govt. etc. GG is just a figurehead most of the time, just there for royal assent.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 05, 2011, 09:16:20 pm
The term 'executive' or 'executive government' refers to the group of people who administer, carry out and enforce (execute) the laws made by parliament. The Constitution confers executive power on the Governor-General, representing the Queen, and on ministers appointed by the Governor-General. The ministers, their leader being the Prime Minister, form the Executive Council, a body that meets with the Governor-General and gives advice on the exercise of executive power. Hope that helps.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 09:48:01 pm
The term 'executive' or 'executive government' refers to the group of people who administer, carry out and enforce (execute) the laws made by parliament. The Constitution confers executive power on the Governor-General, representing the Queen, and on ministers appointed by the Governor-General. The ministers, their leader being the Prime Minister, form the Executive Council, a body that meets with the Governor-General and gives advice on the exercise of executive power. Hope that helps.

Yeah, I know that... ;) But the question:

In the Constitution, the executive power is vested in the Queen. Does this mean that the Queen makes decisions about what laws should be passed? Explain.

Came up at the start of the chapter. That is, executive power was not discussed in the section the questions were testing our knowledge on. But I think the wording of the question was a bit unclear. I think it's asking whether the definition of 'executive power' is the Queen's ability to make decisions about what laws should be passed.

Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 05, 2011, 10:45:56 pm
I find that question really odd. The statement and the actual question don't seem right together! :/
To me, they are talking about different concepts, its a strange question. Especially because you said that the book hasn't discussed executive power yet...
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 05, 2011, 10:48:52 pm
I find that question really odd. The statement and the actual question don't seem right together! :/
To me, they are talking about different concepts, its a strange question. Especially because you said that the book hasn't discussed executive power yet...

Yeah.. exactly. ;D I've already skipped the question, so thanks for all your help everyone!
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 07, 2011, 01:13:54 am
Help pleaseee :)

"Explain how the role and structure of the Senate provides for responsible Government" [4 marks]

"The Australian Parliamentary system consists of a number of checks and balances. The most important of these is the separation of powers." Do you agree? Justify your decision. [8 marks] (btw, can someone please tell me how to go about with these higher mark questions?)

thank you so much in advance :D
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 07, 2011, 06:28:52 pm
As for your second question, read this. The first 3 posts on that page relate to your question; I asked that exact same question a while ago! chrisjb helped me out there. It's not a complete answer, just a way of tackling the question.

Help pleaseee :)

"Explain how the role and structure of the Senate provides for responsible Government" [4 marks]

I would say something along the lines of; the Senate provides for a Responsible government, as its' main role is to review legislation to improve Bills with amendments or to defeat unwise legislation. In this way, it ensures that any bill passed by the government (Government bill)/House of Representatives is appropriate/responsible. The structure of the Senate also provides for a Responsible government as it represents the interest of the states - equal representation; 12 from each state, and 2 from each territory. If citizens are not satisfied with the role of some senators, they won't be re-elected.

It's by no means the greatest answer, just my shot at answering the question. It's a different question. I'm not really sure how to relate the structure of the Senate to Responsible government though. =[ Someone else can probably give a better answer than me.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 07, 2011, 07:39:36 pm
You've sort of touched on it EPL. The Senate's primary role is to review, amend or reject legislative bills that have been passed by the lower house. In this way, senators are able to draw out any inconsistencies or discrepancies and bring these matters to the forefront of the public's minds. Thus, the Senate ensures that members of parliament/HOR are responsible and accountable for their own actions and the decisions of their government department. The Senate has equal representation, as EPL said, and so each state and territory is held accountable and answerable to the community for their actions.

This line:

Quote
The structure of the Senate also provides for a Responsible government as it represents the interest of the states - equal representation; 12 from each state, and 2 from each territory.

Doesn't really relate to responsible government.. it is more so representative government you're talking about.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 07, 2011, 07:50:20 pm
Ohhh thanks guys! :D
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on February 07, 2011, 08:01:02 pm
It also acts as a tool for political parties to riggle their way into power *cough*greens*cough*.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 08, 2011, 08:42:01 pm
Please help :):)

The Victorian Law Reform commission recommended that abortion should be removed as an offence under the 'Crimes Act 1958' when performed by a qualified medical practitioner. Describe the process that would be used by parliament to change the law.

[Is that the whole reviewing and debating of the legislation to bring about a change in it? I'm confused :/]

btw, thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on February 08, 2011, 09:17:47 pm
I assume they're asking for you to outline the legislative process with regard to the passing of an Amending Act. Odd question though.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 08, 2011, 09:52:09 pm
LOL tell me about it :/ But thanks anyway :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 08, 2011, 10:38:31 pm
Please help :):)

The Victorian Law Reform commission recommended that abortion should be removed as an offence under the 'Crimes Act 1958' when performed by a qualified medical practitioner. Describe the process that would be used by parliament to change the law.

[Is that the whole reviewing and debating of the legislation to bring about a change in it? I'm confused :/]

btw, thanks!

In essence, yes. For a bill/legislation to be made law, it must be passed by both houses of parliament (House of Representatives/Senate or Legislative Assembly/Legislative Council). Then, it must be given royal assent by the Queen's representative (Governor-General/Governor) and then proclamation. It depends whether the question is asking the process at the federal or state level; I tend to think it's the state parliament, since it mentions the VLRC. You may need to talk about the finer details as well; First reading, Second reading, Consideration-in-detail/Committee of the Whole, Third reading and so on.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 08, 2011, 11:08:52 pm
ooooh okaayyy :) thanks!!
Title: Re: VCE Legal Studies Question Thread
Post by: martinjm on February 11, 2011, 07:05:04 pm
Hi,

Is recklessly causing injury criminal or civil. I think it's criminal but why?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 11, 2011, 07:13:19 pm
Criminal. It's an offence which harms an individual's well-being/safety - it's a breach of criminal law. It's an indictable offence. Read this or this for more information.

Quote
Section 18. Crimes Act 1958 - Causing injury recklessly

A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 11, 2011, 08:47:26 pm
Hi,

Is recklessly causing injury criminal or civil. I think it's criminal but why?
I'm pretty sure you could turn it into a civil case as well. If the plaintiff had time off work or wanted thier medical expenses paid, they could seek compensation from the defendent.

... But, if you are looking at just the act of the injury being caused and nothing further than that, it would be criminal.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on February 11, 2011, 08:58:18 pm
You could turn someone being killed on purpose into a civil case too. The guardian/s may seek compensation for Psychologists fees. :P
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 11, 2011, 09:13:58 pm
Please help :):)

You are upset about a recent proposed change in the law. What do you think will be the most
effective way to let parliament know your views? Justify your decision.


[For this sort of question where you have to put out your own opinion, can answers vary to a great extent? I thought maybe petitions would be the most effective because they were the least disruptive, but then I realised parliament doesn't ALWAYS bring forward all petitions :/]

what do you guys think??
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on February 11, 2011, 09:23:09 pm
Answers could definitely vary for this question.
Petitions is a good answer, you could add in to your answer ; as long as there are a lot of signitures showing support for the change in the law, the petition should be successful .
You could really choose any method to change the law for this question as long as you are able to justify your answer.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 11, 2011, 09:24:37 pm
Please help :):)

You are upset about a recent proposed change in the law. What do you think will be the most
effective way to let parliament know your views? Justify your decision.


[For this sort of question where you have to put out your own opinion, can answers vary to a great extent? I thought maybe petitions would be the most effective because they were the least disruptive, but then I realised parliament doesn't ALWAYS bring forward all petitions :/]

what do you guys think??
My initial reaction would be a petition but for a different reason to you....
The weighting of petitions in parliament increases as the amount of signatures increases. So if you were to get a couple hundred thousand (dont know how hard this would be) signatures to show support you may initiate a change in the law...

You could also potentially argue the use of media. If you were that upset and it effected you badly you could go on ACA or Today Tonight and have a sook and then other sooks would join your cause.This works because television programs often overdramatise issues to gather more viewers which in this case would work


I think with this question as long as you can justify the method as being the most effective you will get the marks.
Answers for this could vary greatly as each person may see a method of changing the law differently... but justify your decision and you'll be right
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 11, 2011, 09:25:22 pm
As you said, I think answers can vary to a great extent. It doesn't matter which "way" you write down as long as you can justify it to be awarded full marks. I tend to write demonstrations, or lobbying a member of parliament. Petitions are really only effective, if there are many signatures. In short, what ech_93 and andy456 said.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 11, 2011, 10:06:41 pm
Oooh okayy thanks so much :)
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on February 13, 2011, 12:20:19 am
I think this thread is relevant enough.

I want to start practicing actual exam questions, wondering which parts of the exam AoS1 is covered mostly?
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 13, 2011, 12:53:46 pm
I think this thread is relevant enough.

I want to start practicing actual exam questions, wondering which parts of the exam AoS1 is covered mostly?

It's important to have a good understanding of everything in AOS1 however I realised from looking through past exams that 'reasons why laws need to change', 'principles of parliamentary system', 'vlrc' and 'strengths and weaknesses of parliament as a law making body' are usually present.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 13, 2011, 01:44:28 pm
In addition to what Zafaraaaa said, you can get questions from AOS 1 relating to;

- Structure of Commonwealth and Victorian Parliaments (which can be categorised under "Principles of Parliamentary system")
- Influencing Change; Formal and Informal Processes - Methods used to influence change
- Drafting legislation - Problems in drafting legislation
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 14, 2011, 09:01:05 pm
Where's everyone up to in school? o.0

We're up to the VLRC; we've been going pretty slow lately - even had time to watch some Legal Studies-related videos in class. I've got a practice SAC next Monday; then the following Monday, I've got the actual SAC! I suppose I'll be the first one (as well as cltf) to post my SAC result (%) in the other thread.  =]
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on February 14, 2011, 09:03:06 pm
Oh what?! Our first SAC is being broken up into two parts - the first part is on Chapter 1 of the J&O textbook. We've only finished the first chapter as of yet.. so you're class seems to be ahead, since you're already on VLRC. First part of the SAC is tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 14, 2011, 09:07:55 pm
Oh what?! Our first SAC is being broken up into two parts - the first part is on Chapter 1 of the J&O textbook. We've only finished the first chapter as of yet.. so you're class seems to be ahead, since you're already on VLRC. First part of the SAC is tomorrow.

Interesting. Depends on the textbook; I think in J&O, Chapter 1 is the Parliamentary system. Good luck for tomorrow then; you probably won't need it though. Can't be too hard.  =]

EDIT: 1800th post.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on February 14, 2011, 10:06:40 pm
We're up to same point Werdna is.

Good luck for your SAC tomorrow man :)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on February 14, 2011, 10:20:56 pm
How are you guys finding your teachers, and what are you up to? We haven't finished the first chapter yet (we use the purple book, Justice and outcomes i think), should i start going ahead?

Teacher is kinda useless, not that she doesn't know her stuff, or is lazy, but compared to my year 11 one (who is teaching the other yr.12 class) she's nothing..
The way my yr 11 teacher made us take down notes was so effective..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 14, 2011, 10:33:50 pm
I got the same teacher as I had last year; he's good. Explains things well and cracks the odd good joke. Can't you swap Legal Studies classes? We've got two Legal Studies 3/4 classes, taken by one teacher. At my school, students can request to change classes if need be - some swap classes because of the teacher. If your teacher "doesn't know her stuff", then you should go ahead; I don't see anything wrong with that.  =]
Title: Re: VCE Legal Studies Question Thread
Post by: LeahT on February 15, 2011, 11:27:06 am
Liking the class so far - I have a good teacher who seems to know her stuff. We just finished seperation of powers yesterday, not sure what we're doing next. We're splitting the first SAC in two, and doing the first half in the week of the 28th. So far I'm finding it really easy, kind of hoping for a challenge soon.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on February 15, 2011, 04:06:37 pm
I got the same teacher as I had last year; he's good. Explains things well and cracks the odd good joke. Can't you swap Legal Studies classes? We've got two Legal Studies 3/4 classes, taken by one teacher. At my school, students can request to change classes if need be - some swap classes because of the teacher. If your teacher "doesn't know her stuff", then you should go ahead; I don't see anything wrong with that.  =]
Yea, I was actually strongly considering it, as I wanted to change 3 of my classes,and thought - hey this could really work out.
But after examining other people's timetables, i will be sacrificing two good teachers (english and methods - can cope without methods teacher, but NOT english!)
So i guess i'll self-learn and copy notes from the people in the other class...
Sad story though
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 15, 2011, 04:46:52 pm
We've just finished the legislative process of a bill through parliament. So aos1 is finished, and gonna have a "practice sac" next week so teacher can see how we write our answers and yeaah. Don't know when the real sac is though :|
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on February 15, 2011, 07:35:11 pm
Hi,

Any recent proposed law you guys can give information on? I need to research a proposed change in the law and discuss its reasons for change. I also have to research a group and the role it plays in pushing for that change.

Thanks in advance
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 15, 2011, 07:49:58 pm
The change to legalise choosing the sex of your next child? Refer to this. "The couple are so desperate to have a girl, that they terminated having twin boys". Their case is being heard in VCAT soon. "According to Victoria's Assisted Reproductive Treatment Act 2008, sex selection is banned unless it is necessary for the child to be of a particular sex to avoid inheriting a genetic abnormality or genetic disease." - The couple are trying to change that law. Hope this helps.  =]
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 17, 2011, 03:50:28 pm
Pleasee help :)

"Is the Crown just a figurehead in the Australian Parliamentary system or does it really serve a purpose? Provide two arguments to support your opinion."        [3 marks]
(Do we just mention the importance of royal assent and the other functions the GG carries out? or something else?)

"What factors limit the capacity of parliaments to change the law?"               [5 marks]
(For this, I was a little confused; do we mention the actual factors - such as time limits or lack of Govt.support/ or do we talk about weaknesses of parliament as a lawmaker? and because it's a 5 mark question, do we have to mention ALL factors, or just a few? :/)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 17, 2011, 05:51:57 pm
"What factors limit the capacity of parliaments to change the law?"               [5 marks]
(For this, I was a little confused; do we mention the actual factors - such as time limits or lack of Govt.support/ or do we talk about weaknesses of parliament as a lawmaker? and because it's a 5 mark question, do we have to mention ALL factors, or just a few? :/)

For this question, I assume you would just mention the actual factors; such as time constraints, the need for government support, desire to change the law, costs associated with changing the law and so on. Though it's a 5-mark question, I don't think you would need to actually list 5 factors; rather, just explain a little more detail about each factor (i.e. use 3 or 4 factors and then go into a bit more detail about each one). That should suffice I would think.

As for your first question; as you said I would mention other roles which the Governor-General plays. First and foremost, mention royal assent as well as talking about how the Governor-General can dissolve parliament and bring an election about; he/she can also end a session of parliament (with dissolution) and so on. Since it's a 3-mark question, I would list 3 functions/roles of the Governor-General.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on February 17, 2011, 06:18:20 pm
Thanks!! :):)
Title: Re: VCE Legal Studies Question Thread
Post by: LeahT on February 18, 2011, 09:40:16 am
Pleasee help :)

"Is the Crown just a figurehead in the Australian Parliamentary system or does it really serve a purpose? Provide two arguments to support your opinion."        [3 marks]
(Do we just mention the importance of royal assent and the other functions the GG carries out? or something else?)

"What factors limit the capacity of parliaments to change the law?"               [5 marks]
(For this, I was a little confused; do we mention the actual factors - such as time limits or lack of Govt.support/ or do we talk about weaknesses of parliament as a lawmaker? and because it's a 5 mark question, do we have to mention ALL factors, or just a few? :/)

Another major factor I wouldn't fail to mention for the second question would be the actual make-up of the parliament. Who has the majority, if it's a minority government, a hostile senate, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on February 18, 2011, 09:14:26 pm
Can someone clarify for me; we don't need to know about "problems in drafting legislation" for the first SAC? I've got a practice SAC on Monday and I'm not really sure whether to go over it or not. It doesn't mention it in the study design for "Outcome 1" anyhow. Can I assume I don't need to know it? Worth going over?  =\
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 18, 2011, 09:34:48 pm
because your sac is only a practice one dont get stressed if you skip it and its on there... Just ask your teacher afterwards and im sure theyd tell you... But i advise you learn it anyway its not hard..... It would come up in the weakness of parliament as a law maker i think.... You could say that delays can be caused through problems in drafting the bill.... This would just include misinterpretations byy the draftsman or the mp not explaining an area adequately.... This stuff even though not directly on the study design is implied though so dont stick with the mentality of if its not on the list forget it.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on February 22, 2011, 11:21:38 pm
The role of the governor general are as follows:
● to grant royal assent to legislation
to appoint the times for the holding of parliament
● to bring to an end a session of parliament without dissolution (to prorogue the parliament)
● prorogue the parliament (discontinue sessions of parliament until the next
session)
●dissolve parliament and call an election. This can occur when the Upper House
twice refuses to pass a Bill. When the dissolution takes place, all members of
both houses are no longer considered serving members and if they wish to
continue serving as a member, must stand for re-election on a nominated date.

What is a session of parliament? (This is a basic question i know, but I need to know 100% with no doubts.) How does the governor-general discontinue this session? If it is what I believe it is, aren't there sessions of parliament on a weekly/monthly basis? How would the G-G go about discontinuing a session if he wanted to?

To 'dissolve parliament' means to dissolve both houses. Thus the members of parliament are no longer considered members, and must be re-elected in - correct?
Can the G-G dissolve just one house (i.e. either lower or upper) or does it have to be two?


Edit: Here is what i've made of chapter 2 notes so far (that's the chapter after revision chapter) Think it's too comprehensive?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on February 23, 2011, 08:11:25 am
My interpretation was that a session of parliament was when they sit down and debate and stuff like that, so yeah on a monthlyish basis. That means that the GG appoints the times for the sittings and he is able to end the sitting when he chooses.

I think the GG can only dissolve PARLIAMENT (ie. everybody)

\
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on February 27, 2011, 03:51:42 pm
I've got a question, just a curious one

Quentin Bryce is supposed to be the last Governor General right? What happens when she's gone? Is it that the Govt are hoping to transition into a Republic? or is there going to be a new way to provide royal assent?

Where did you hear that she is supposed to be the last Governor General?
Title: Re: VCE Legal Studies Question Thread
Post by: MJRomeo81 on February 27, 2011, 05:33:57 pm
I've got a question, just a curious one

Quentin Bryce is supposed to be the last Governor General right? What happens when she's gone? Is it that the Govt are hoping to transition into a Republic? or is there going to be a new way to provide royal assent?

Supposed to be the last one??? Absolutely not. There is no way Australia will become a Republic in the near future.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 02, 2011, 08:58:16 pm
What country are people doing to compare against Australia; in relation to "the approach adopted for the constitutional protection of democratic and human rights"? I'm doing Canada. We didn't really get a choice though.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on March 02, 2011, 09:57:57 pm
Yea Canada here, although we are still a few weeks from starting that
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on March 03, 2011, 02:56:14 am
What country are people doing to compare against Australia; in relation to "the approach adopted for the constitutional protection of democratic and human rights"? I'm doing Canada. We didn't really get a choice though.

I did New Zealand last year. I'm not sure why you didn't get much of a choice, considering there's a bunch of them to choose from. From what I remember, it was a pain to do.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 04, 2011, 03:53:32 pm
Got asked in the 2nd part of SAC1 based on the first reading. I said the Clerk reads out the bill plus the bill is distributed to the members of parliament as well as the public (via their website). Didn't say it occurs in both the upper & lower house, which I may lose a mark there for. Hopefully an A+ is still on the cards.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 06, 2011, 11:13:57 am
Quick question;

I'd be right in saying that express rights are entrenched in the Constitution, while implied rights are not entrenched?

Cheers if anyone could help!  =]
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on March 06, 2011, 11:26:35 am
Quick question;

I'd be right in saying that express rights are entrenched in the Constitution, while implied rights are not entrenched?

Cheers if anyone could help!  =]


Yes that's right.

These are from my own notes:

Implied Rights
Not explicitly written but have been found by the high court  to have been suggested or intended in the constitution. Implied rights have given  the right to freedom of political communication.

(I think the right to vote may also be an implied right? The constitution says something about parliament being chosen by the people and therefore we have the right to vote).
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 02:24:33 pm
Hey, here is my SAC - really easy i know.

I've included my answers, so could anyone assess whether i answered the question to obtain full marks, and whether if for any questions i had answered excessively?

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 07, 2011, 05:30:34 pm
In my opinion, your answer to Question 5 was a bit long for a 2-mark question. The lines given for a question suggests how long your answer should be - generally speaking. The content is fine though; as was the rest of your SAC. :)

When do you get your second part of the SAC back? I can update the other thread... I'm getting my SAC back tomorrow, I believe.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 07, 2011, 06:26:05 pm
Haha, some interesting expression of the english language on your SAC but the content is quite good. :D

I'm getting my second part of SAC1 back Wednesday, teacher said it was a fair bit harder than last and the few that she has marked have not been great. Seeking an A/A+ still though.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 06:28:14 pm
Haha, some interesting expression of the english language on your SAC but the content is quite good. :D

I'm getting my second part of SAC1 back Wednesday, teacher said it was a fair bit harder than last and the few that she has marked have not been great. Seeking an A/A+ still though.
lol, what is that supposed to mean?
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 07, 2011, 06:29:13 pm
*cough* hand writing *cough* ;)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 06:30:36 pm
*cough* hand writing *cough* ;)
it's that bad?
-In my defense, I had a pretty bad cold that day, and this caused me to be a bit sleepy during the SAC, hence the writing not being straight.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on March 07, 2011, 06:35:23 pm
I don't know why, but when I looked at your handwriting, I thought you were a guy.. :S
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 07, 2011, 06:45:57 pm
It's nothing special to be completely honest. Can read it though...slightly.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 07, 2011, 07:12:25 pm
Questions:
1. "Explain the two alternative approaches to the commitee stage in the Legislative Council."

2. "The Hansard reports do not show any Committee discussion.  Suggest why this is so.(2 marks) 

3. "Proclamation could be seen to be important in officially notifying the public of a change in the law.  To what extent does it do this?  How do the public generally find out about changes in the law?"  (2 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 07, 2011, 07:52:51 pm
I'm not really sure about the first two questions, but I think for Question 3; new laws/changes in the law are announced in the Government Gazette - this. Obviously, changes in the law will also receive media attention which is a way which the public may find out as well.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 07, 2011, 08:16:10 pm
With 2 I'm going to assume it's due to something like the content discussed within the committee is preferably not released to the public, hmm gonna have to step up for my SAC
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 07, 2011, 08:25:08 pm
Hansard is a transcript of parliamentery proceedings, not that of private committees? I haven't read into the book that far yet so take that with a grain of salt, just an educated guess.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 07, 2011, 09:09:38 pm
I think I got asked question 2 last year; I answered it by saying that there was no committee discussion detailed in Hansard because there was none; the bill was passed relatively unopposed and no discussion/amendments were required.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 09, 2011, 10:19:53 pm
If describing the structure of parliament i.e. vic parliament would it be imperative to include a description of the role the components of each structure? If so would the description be brief?
 
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 09, 2011, 10:22:19 pm
When asked "describe/outline the structure of the Victorian/Commonwealth Parliament", all you need to do is outline the number of seats of both houses, where the seats come from (eg in the Senate, 6 from each state plus two from ACT and NT), what they are called and whether they are the upper or lower of the two houses, and mention the Governor/Governor-general. I also used to put in the number of years each member served in each house as well.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 09, 2011, 11:24:06 pm
just for anyone curious about the questions i asked:
Flash36's answers:
Quote
Oh yep.

Well first, the Committee Stage if the stage where the House becomes a Committee and bills are debated/discussed clause by clause, and amendments are voted on etc etc. Now this only needs to occur if there are differing views on the bill in the House.

For example, if a bill is introduced by the Government of the day to lower speed limits in school zones to 35km/h, and everyone in the House agrees and is happy to pass the bill, then obviously there isn't a need for the in-depth discussion in the Committee Stage - hence this stage is skipped. If it is skipped, the obviously such discussions wouldn't appear in the Hansard report, as they never happened.

Quote
Yeah proclamation is the process of the bill being printed in the Government Gazette. This is obviously important because it makes the law 'official' to a large extent. However as you say, no one reads the Gazette. So people generally find out about changes in the law through the media, their own research, or through Hansard.

thanks flash
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 09, 2011, 11:27:32 pm
just for anyone curious about the questions i asked:
Flash36's answers:
Quote
Oh yep.

Well first, the Committee Stage if the stage where the House becomes a Committee and bills are debated/discussed clause by clause, and amendments are voted on etc etc. Now this only needs to occur if there are differing views on the bill in the House.

For example, if a bill is introduced by the Government of the day to lower speed limits in school zones to 35km/h, and everyone in the House agrees and is happy to pass the bill, then obviously there isn't a need for the in-depth discussion in the Committee Stage - hence this stage is skipped. If it is skipped, the obviously such discussions wouldn't appear in the Hansard report, as they never happened.

Quote
Yeah proclamation is the process of the bill being printed in the Government Gazette. This is obviously important because it makes the law 'official' to a large extent. However as you say, no one reads the Gazette. So people generally find out about changes in the law through the media, their own research, or through Hansard.

thanks flash

Not a problem!
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 10, 2011, 02:09:03 pm
Question: do the two houses & crown of vic parliament & commonwealth parliament both serve the same function in law making? E.g upper house of vic and commonwealth both act as a house of review, and states house; the lower house of both federal and state level do the same stuff etc.
This is for the aos1 sac notes.. so yeah any input would be appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 10, 2011, 02:22:11 pm
Question: do the two houses & crown of vic parliament & commonwealth parliament both serve the same function in law making? E.g upper house of vic and commonwealth both act as a house of review, and states house; the lower house of both federal and state level do the same stuff etc.
This is for the aos1 sac notes.. so yeah any input would be appreciated

Yes. However you need to say that the Senate represents the States whilst the Legislative Council represents the regions of Victoria.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 10, 2011, 04:22:36 pm
One of my mates doing Legal 3+4 asked me this today and I couldn't think of much to answer it and was wondering what you guys thought:

How does the senate ensure that responsible government is upheld?

All I could come up with was that they can hault any hastily made/ irresponsible legislation and also that any government ministers residing in the senate would be subject to the ministerial accountability as their counterparts in the house of reps would be... But it seems a little weak, anyone else able to answer this better?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 10, 2011, 04:32:58 pm
Ministerial accountability is the main point you'd need to make I think. It also ensures ministers are made accountable to their states also, not just their electorate or their party.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 10, 2011, 07:13:53 pm
One of my mates doing Legal 3+4 asked me this today and I couldn't think of much to answer it and was wondering what you guys thought:

How does the senate ensure that responsible government is upheld?

All I could come up with was that they can hault any hastily made/ irresponsible legislation and also that any government ministers residing in the senate would be subject to the ministerial accountability as their counterparts in the house of reps would be... But it seems a little weak, anyone else able to answer this better?
You're pretty much correct in saying that.
It acts as a house of review for legislation that has been passed in the lower house. It scrutinises and debates and amends or rejects legislation that has been initiated by the government. In doing so it upholds a system of checks and balances (which further leads into the seperation of powers).
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 10, 2011, 11:23:28 pm
One of my mates doing Legal 3+4 asked me this today and I couldn't think of much to answer it and was wondering what you guys thought:

How does the senate ensure that responsible government is upheld?

All I could come up with was that they can hault any hastily made/ irresponsible legislation and also that any government ministers residing in the senate would be subject to the ministerial accountability as their counterparts in the house of reps would be... But it seems a little weak, anyone else able to answer this better?
You're pretty much correct in saying that.
It acts as a house of review for legislation that has been passed in the lower house. It scrutinises and debates and amends or rejects legislation that has been initiated by the government. In doing so it upholds a system of checks and balances (which further leads into the seperation of powers).
Ministerial accountability is the main point you'd need to make I think. It also ensures ministers are made accountable to their states also, not just their electorate or their party.
Thanks for the help guys. I'll pass that all on. It seemed a realy strange question to me to specify the senate like that... Anyway, good luck to you both.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 12, 2011, 12:08:48 pm
Hey Chris, what SAC ranking did you get @ your school to get the 43?
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 12, 2011, 02:41:42 pm
When covering the role of the VLRC in the study design, should I include the PROCESS of the VLRC is suggestion law-reform? Is the role enough for the study design? And a current example of course.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 12, 2011, 05:22:20 pm
When covering the role of the VLRC in the study design, should I include the PROCESS of the VLRC is suggestion law-reform? Is the role enough for the study design? And a current example of course.

Include the process.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 12, 2011, 05:52:38 pm
Hey Chris, what SAC ranking did you get @ your school to get the 43?
No idea, school doesn't let us know our rank. I know my U3 score was 99/100 and U4 was 98/100 and in terms of study scores I was ranked about 7th (quite a strong cohort &two classes- but my class got all but 1 of the 40+s if I remember correctly). I would guess that my sac rank was about 4th but I don't know for sure.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 12, 2011, 08:46:27 pm
Alrighty cheers Chris.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 14, 2011, 02:02:50 pm
Can someone list and explain formal pressures to change law besides the VLRC?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 14, 2011, 05:53:02 pm
The study design changed so that students only need to know one formal pressure for change/law reform body; the VLRC.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 14, 2011, 07:06:58 pm
^ Sigh of relief. But in the A+ book it lists formal pressures as internal parliamentary bodies such as Cabinet, parliamentary counsels, etc. I don't need to know this?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 14, 2011, 07:10:32 pm
I wouldn't think so, I certainly haven't learnt any other formal pressures for change besides the VLRC... the best bet would be to ask your teacher for clarification.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on March 14, 2011, 10:23:17 pm
I would say it doesn't hurt to know what the cabinet, parliamentary counsel's basic roles are:
i.e. cabinet decides gov. policy and gauges society's trends and needs in order to initiate appropriate legislative change.
i.e. parliamentary counsel are people with legal expertise who draft the bill

but besides this, as EPL said, just concentrate on VLRC.
Title: Re: VCE Legal Studies Question Thread
Post by: saaaaaam on March 14, 2011, 10:51:56 pm
It used to be that you had the choice between quite a few such as the VLRC, Royal Commissions ALRF. But the new study design does actually specify that you must learn the VLRC.

Quote

Key knowledge
This knowledge includes:
• principles of the Australian parliamentary system: representative government, responsible
government, and the separation of powers
• the structure of the Victorian Parliament and the Commonwealth Parliament and the roles played
by the Crown and the Houses of Parliament in law-making
• the reasons why laws may need to change
• the role of the Victorian Law Reform Commission
• the means by which individuals and groups influence legislative change, including petitions,
demonstrations and use of the media
• the legislative process for the progress of a bill through parliament
• strengths and weaknesses of parliament as a law-making body
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 14, 2011, 11:04:37 pm
Could someone help me with this question please
'The legislative process provides an effective means to bring about a change in the law'
Present two arguments to support this.
What could I include? Could I include parliament being an arena for debate (thoroughly argued by all ministers representing the interests of all people)? This sounds like a really dodgy question, any ideas? :S
Title: Re: VCE Legal Studies Question Thread
Post by: LeahT on March 15, 2011, 01:35:50 pm
Could someone help me with this question please
'The legislative process provides an effective means to bring about a change in the law'
Present two arguments to support this.
What could I include? Could I include parliament being an arena for debate (thoroughly argued by all ministers representing the interests of all people)? This sounds like a really dodgy question, any ideas? :S

1) The legislative process of parliament allows for a thorough review and investigation into proposed laws (bills). The Senate and Legislative Council are both houses of review, meaning that they have councels of people designed specifically to make educated ammendments and decisions in regard to proposed bills. Whilst this can slow down the process of creating bills when done effectively, it means that new laws are well researched and effective, as they have to be passed by both the upper and lower houses before they become legislature.

2) The three readings of the proposed bill allows for effective process of changing the law, as the bill is comprehensively discussed and debated by all members of parliament. Members must explain their choices and answer questions posed to them, and the the discussion in these debates can result in changes that improve the bill.


I honestly don't know if that's right, but it's the first thing that comes to mind when I read the question. If anyone wants to check that, I'd much appreciate it :)
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on March 15, 2011, 05:28:18 pm
That sounds about right. I honestly can't think of anything else to support that question. It's rather dodgy, usually the process of law through parliament is kept separate from law reform. Weird question to say the least.
Thanks though [:
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 19, 2011, 12:46:17 am
I would say it doesn't hurt to know what the cabinet, parliamentary counsel's basic roles are:
i.e. cabinet decides gov. policy and gauges society's trends and needs in order to initiate appropriate legislative change.
i.e. parliamentary counsel are people with legal expertise who draft the bill

but besides this, as EPL said, just concentrate on VLRC.

From what I've seen in passed exams and the study design, they're pretty bad at the way they word things so I think you can really argue just about anything as long as you have two feet to stand on. The 2008 exam asked to explain the principle of seperation of powers - it didn't say how it is applied in the Australian legislature so I would see that as a political question... but no, they wanted you to regurgitate the 3 branches of the state. Formal pressure can also come from professional lobbyists, but really the VLRC is the only thing you can go with as per the study design.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 19, 2011, 09:38:46 pm
Okay, question, sorta moreso directed at EPL because he's more likely to have done the question, but any one else feel free to answer.

4 mark question,
"The ideology behind the Doctrine of Separation of Powers is to protect institutions from outside influence. How is this achieved?"

Without looking at my textbook, I can get "checks and balances", but i'm not sure if outside influence means the OTHER arms of power, or something else
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 19, 2011, 10:02:01 pm
I asked this exact question a while back and chrisjb gave me the answer. You would need to explain the three functions in the legal system (i.e. legislative, executive and judicial). That would get you 2 or 3 out of the 4 marks. Talk about how the doctrine prevents any abuse of power as no one authority has absolute power and hence, provides for checks and balances. Additionally, I would also mention the role of judges - that they act impartially; as they have 5-year terms, ensuring that they are not pressured by any outside influences (i.e. parliament etc). This relates back to the doctrine - judicial function.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 19, 2011, 11:36:54 pm
I have a SAC coming up so was wodering if anyone would like to take a shot at answering these questions:
q1. to what extent do you think is law making through parliament an effective method of law-making. ( 8 marks)
How exactly would you go about answering this question, and what word-length are we looking at? I'd generally talk about the weakness/limitations of parliament and then the strengths. Then evaluate overall which one is stronger? What really gets me is the "to what extent" part.. how do you answer that bit?

This next question is crucial, the teacher said it would practically be on the SAC (but a permutation i guess)
q2. "Laws need to change for many reasons. Sometimes parliament fails to respond adequately". Discuss this comment. In your discussion explain how individuals, groups and one law reform body attempt to influence a change in the law. (10 marks)
 So the law reform would be the VLRC. What recent example could be used for this? Individuals ---> Petitions/demonstrations ? I think letters would be a pretty crap example.
Personal Question: What does it mean that "parliament fails to respond adequately" ?


q3. 'Parliament is a very effective law-maker. There is no signficant weakness in the way parliament carries out this role.' Discuss this statement and indicate the extent to which you agree or disagree with it. Juistify your conclusions. (10 marks)
Again, with the 'extent'.. How do i justify conclusions, case examples? Should i bring in representative/responsible government, or is that completely irrelevant to parliament?

q4. What is the purpose of the Second Reading Speech in the progress of a Bill through Parliament? Outline two further steps that must be taken for the Bill to become a law. (6 marks).
Purpose, pretty easy.. To introduce the bill, debate on, talk about compliance with charter of human rights etc. Two further steps 'royal assent' (although i am positive if this question came up, they would say "With the exception of royal assent" so what other two?

thanks


Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 20, 2011, 12:30:41 am
q1) "to what extent?" just state the extent in which you think, not really an objective answer, but you do need to explain why, and the comes in the content of your answer.
- strengths and weaknesses of course (perhaps examples)

q2) Well, it means that occasionally, parliament doesn't respond properly to laws that need to change. You could dispute that gay marriage is a law that needs changing, but yeah.
Really just state the methods of changing a law and how effective they can be in changing the law

q3) see q1

q4) consideration in detail stage and third reading?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 20, 2011, 09:11:46 am
1) When the question states "to what extent" you can partially agree or disagree with the statement. I would approach this question by saying something along the lines of "Parliament overall is an effective law-maker as it can make laws whenever the need arises, it has the resources to do so (time and money) and is a democratically-elected body. However, there are weaknesses to Parliament as a law-maker, this includes; MPs may vote on party lines, it's a lengthy process through parliament, and it can't supervise all delegated legislation." Generally give an "introduction paragraph" discussing whether you agree/disagree with the statement/question; then go on to talk about the strengths and weakness of parliament. Since it's an 8-mark question, I would list 4 strengths and weaknesses of parliament.

2) This question was on the VCAA '09 exam. You can look at the suggested answer on their website.

3) Again, I would give an "introduction paragraph". Then, I would list 4 or 5 strengths and weaknesses of parliament. I wouldn't mention representative/responsible government.

4) What Tobias Funke said. Also, it depends if the Second Reading Speech is in the Victorian or Federal Parliament. You don't need to mention the "Statement of Compatibility" if it's in Federal Parliament.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on March 20, 2011, 07:27:46 pm
Hey guys what is sovereignty of parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 20, 2011, 07:33:18 pm
Read this or this as well.

Quote
Parliamentary Sovereignty (also called the sovereignty of parliament, parliamentary supremacy, or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. Under parliamentary sovereignty, a legislative body has absolute sovereignty, meaning it is supreme to all other government institutions (including any executive or judicial bodies as they may exist).
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on March 20, 2011, 08:29:43 pm
Can someone help?
Parliaments can make laws in three ways, make new laws, amend laws and repeal laws. Give an example of a situation where a need for each of the three circumstances may arise.  3 marks                                                                         
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 20, 2011, 08:48:35 pm
Can someone help?
Parliaments can make laws in three ways, make new laws, amend laws and repeal laws. Give an example of a situation where a need for each of the three circumstances may arise.  3 marks                                                                         

- Make new laws: Gaps in legislation/loop-holes, in which case Parliament may see the need to make new laws to cover it.
- Amend laws: Strong community backlash/protest against a certain law, then Parliament may amend the law to meet community values/needs.
- Repeal laws: Similar to "Amend laws", if it's not line with community values/attitudes; no one will follow the law. In which case, Parliament may repeal the law.

They're the things that came to my head when I read the question, I'm not entirely sure they're right... go with them if you will.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 20, 2011, 09:34:32 pm
damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 21, 2011, 06:45:08 pm
Would any past Legal Studies students have any notes on Canada; in comparison to Australia that they could upload? My textbook isn't the greatest...

damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

My next SAC is two weeks away; it's worth 50% of my Unit 3 SAC mark. Where's everyone up to? We just finished express/implied rights/structural protections and are moving onto "Protecting rights - comparative approaches". o.0
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on March 21, 2011, 06:47:15 pm
My next SAC is two weeks away; it's worth 50% of my Unit 3 SAC mark. Where's everyone up to? We just finished express/implied rights/structural protections and are moving onto "Protecting rights - comparative approaches". o.0

Our next SAC is worth 50% of Unit 3 as well. :P Finished 'referral of powers' today.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 21, 2011, 06:50:35 pm
Next Legal SAC is next Wed or Fri; hoping the latter as have got an English & Further SAC on the last week too.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on March 21, 2011, 06:51:32 pm
damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

How'd you go?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 21, 2011, 10:52:09 pm
Would any past Legal Studies students have any notes on Canada; in comparison to Australia that they could upload? My textbook isn't the greatest...

damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

My next SAC is two weeks away; it's worth 50% of my Unit 3 SAC mark. Where's everyone up to? We just finished express/implied rights/structural protections and are moving onto "Protecting rights - comparative approaches". o.0

Try my notes mate, should be in the notes section of the site. :)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 21, 2011, 11:06:37 pm
damn..should have studied im screwed for the SAC tmrw. Thank god it's only out of 15. O_O

How'd you go?
ugh, i think i lost 2 marks.
there was a question asking the process used by VLRC to investigate homicide.
I didn't think they'd specifically ask an area (despite reading my friend's email at 12am the day before lol), so i just looked up sexual offences, and memorise the acts and procedures used.. I tried making stuff up, hopefully that will be enough for marks, but i am not entirely sure.. I made up the "Crimes (Homicide) Act 2004" and put it down lol..
overalll, decent SAC, 7 hours of studying the day before was sufficient lol - but seriously, i am never doing that again
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on March 21, 2011, 11:44:08 pm
Please help :) I just need a few pointers for these questionss

Explain how the law making powers of the Commonwealth and state parliaments can be changed through a referendum. Support your answer with an example. [5 marks]

Explain why some laws are the same throughout Australia, while other laws vary from state to state.

thanks! =]
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 21, 2011, 11:48:24 pm
Referendums exist usually to bring about a change in the constitution, thus law making powers will change with the constitutional change

2) Division of powers, fairly straight forward that one
Exclusive Powers, Concurrent Powers and Residual Powers
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 21, 2011, 11:58:43 pm
Yeah, and just add in the referendum process; Cinstitution Alteration Bill, passed through parllament twice in 2 - 6 months, then a double majority must be achieved (majority in Australia in majority of states).
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on March 23, 2011, 04:46:41 pm
What are your examples of checks and respective balances?
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 23, 2011, 08:51:27 pm
"To what extent is drafting legislation an effective process"

This is one of two questions that have been troubling me a little, what defines an effective process? Is it the time it takes?

Yeah i thought it was a weird q.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on March 23, 2011, 08:59:36 pm
That would be efficient process. I would say its more about minimising errors and compatibility of the legislation. Doubt that'll be on it tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 23, 2011, 09:05:31 pm
Well yeh, the time taken for a bill/legislation to be written up by the parliamentary counsel. You would just talk about the problems involved with drafting legislation. For example; time constraints, legal terms, possible interpretations, clear advice and so on. I don't think it's clearly stated on the study design that it will be tested for AOS 1.

Edited.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on March 23, 2011, 09:17:31 pm
He's in my class

- So basically I could say it's not really an effective process because of yadda yadda?

The other question is

'Two strengths of parliament as a law-maker are that it makes laws which reflect the views of the community and can make laws whenever the need arises'
Critically examine these two strengths (6 marks)

Firstly, a clarification - does critically examine mean an in-depth analysis of both sides? or is there more to it?

Then, "laws which reflect the views of the community"
- Comment on how the people vote in the government - who introduces the majority of bills - to represent them and thus the policies introduced tend to be reflective of community values
- However, as the members of the party are more likely to vote along party lines as opposed to the views of the community, it can lack such qualities?

I hate 6 markers, the practice sac was about the senate being obstructionist
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on March 23, 2011, 09:21:08 pm
Probably good idea not to have a student's name on the boards.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 23, 2011, 09:27:18 pm
This is a question to previous legal studies students:
Did you keep any big changes in the law which were reported in the media (i.e. newspaper) in like a folder and make a collection throughout the year?
in fact, did you happen to do anything other than questions, practice exams and study guides in preparation?

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on March 23, 2011, 09:33:01 pm
Personally, I didn't keep anything like that. They say you are meant to pay attention to all of that kind of stuff in the news, but they have some fairly recent changes listed in the text book anyway, and thats all you really need. Although, we did look at some newspaper articles throughout the year in class, but none of that really helped.

And, na, I didn't do anything other than practice exams, etc. in preparation.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 23, 2011, 09:42:10 pm
He's in my class

- So basically I could say it's not really an effective process because of yadda yadda?

The other question is

'Two strengths of parliament as a law-maker are that it makes laws which reflect the views of the community and can make laws whenever the need arises'
Critically examine these two strengths (6 marks)

Firstly, a clarification - does critically examine mean an in-depth analysis of both sides? or is there more to it?

Then, "laws which reflect the views of the community"
- Comment on how the people vote in the government - who introduces the majority of bills - to represent them and thus the policies introduced tend to be reflective of community values
- However, as the members of the party are more likely to vote along party lines as opposed to the views of the community, it can lack such qualities?

"Critically examine" means you have to give the pros and cons of the statement in question. So in the question you gave, you would need to explain the strengths in a bit more detail and give a corresponding weakness to each strength. Yeh, what you've said is correct; MPs may vote on party lines which loses the original function of Parliament to represent the views of the people. For the second strength, a weakness to that would be parliament doesn't sit all the time; it only sits at certain periods throughout the year, so it may not pass many laws in a short space of time. I'm a bit confused as to what you're asking; hopefully that answers your query?
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 25, 2011, 03:56:18 pm
On a SAC, the first part of the question was 'Do you think Australia should keep a bicameral parliament?' I believed it to be more of a stimulus than a literal question... lost a mark. But I think it's complete frog shit. The Privacy Act 1984 explicitely protects an individuals political stance, why should I have to answer this question? I'm not kidding, being a legal studies teacher (Or perhaps VPAP who made the shitty SAC) they should know this and be aware of it. I've even been told to avoid politics in my answers...
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on March 25, 2011, 06:56:33 pm
My bet is that it was asking you to justify the existence of the Senate.
Title: Re: VCE Legal Studies Question Thread
Post by: schnappy on March 25, 2011, 07:20:27 pm
Which I did. I just didn't directly answer the question... same with another thing. I gave an objective response but I didn't give a direct answer to the question so I didn't get the mark...
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 26, 2011, 01:42:21 pm
How many successful referendums would we need to know for the exam/and or SACs?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on March 26, 2011, 01:45:51 pm
1, although knowing a few more in not as much detail wouldn't hurt.
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on March 27, 2011, 01:28:02 am
You could probably get away with not knowing any successful referenda..... just know the stats (like 8/44 or something like that) and why its so damn hard to succeed. and then maybe some other useful info, like if the double majority wasnt needed a further 9 or something would have passed meaning double majority is a bitch..... just learn 1 or 2 anyway just so you can give detail as to why the ones that did pass passed..... like the aboriginal one had a 90.xx% yes vote which is massive and referendum usually pass after traumatic and substantial change...
Just learn a couple to be safe
Title: Re: VCE Legal Studies Question Thread
Post by: Abdulhai on March 27, 2011, 08:17:48 pm
I've got a question.
Do we have medicare because of the 1946 referendum?
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on March 27, 2011, 08:38:43 pm
I've got a question.
Do we have medicare because of the 1946 referendum?

Good question.. I'd say the 1946 Referendum definitely did have some kind of impact/influence, but whether or not it is a direct result of the referendum I'm not too sure.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 27, 2011, 09:24:07 pm
Here are my notes for AOS 2; I didn't include the comparison between countries, since people may be doing different countries. Though for those doing Canada, I've also attached notes for that. :)
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on March 29, 2011, 02:05:47 pm
I've got a question.
Do we have medicare because of the 1946 referendum?

Good question.. I'd say the 1946 Referendum definitely did have some kind of impact/influence, but whether or not it is a direct result of the referendum I'm not too sure.

Considering the 29 year gap between the incorporation of Medibank and the Referendum, I'd say that it wasn't a direct result of it. Before that, the Australian health care system was mostly private. Medibank was the ultimate way of insuring coverage of "all" Australians were able to have access to health services (even though it was a government funded, private health care insurer), though I doubt it was a direct result of the referendum.
Title: Re: VCE Legal Studies Question Thread
Post by: chrisjb on March 29, 2011, 10:09:32 pm
This is a question to previous legal studies students:
Did you keep any big changes in the law which were reported in the media (i.e. newspaper) in like a folder and make a collection throughout the year?
in fact, did you happen to do anything other than questions, practice exams and study guides in preparation?

Thanks.
I kind of did. I followed the news and everything, and recorded the best examples in my book. But the only current example I ever used was the Peter Garret one and about 4 recent examples in the final AOS. I had a wealth of other examples which I had come across and recorded in my workbook, except there's no points in legal for using an example from two weeks ago as opposed to two years ago- in the end relevance wins out. Not like in Interstudies or Natpol where the super recent often trumps the super relevant.
Title: Re: VCE Legal Studies Question Thread
Post by: izzykose on March 30, 2011, 05:56:22 pm
I did the first half of my aos2 SAC today. There were 8 questions 30 marks and i was given 43 minutes to complete it. Would i lose marks on the following questions. (Note: these are not full responses only main points of them).

Is the Commonwealth Parliament the absolute law maker? Explain two restrictions on the Commonwealth Constitution:
I said its not an absolute law maker, as power is shared with seperate state parliaments in areas of concurrent power. I gave examples such as section 92- cannot restrict free trade between states and also said cannot establish a state religion but failed to give the relevant section of the constitution. Would i lose marks?

For a question on the referral of law making powers i said:

That they have the power to do so, and may do so because of expertise and because of consistency. Would i lose marks because i didnt mention they must pass an act of parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 30, 2011, 06:46:42 pm
In regards to your first question, no you wouldn't. I was told by my teacher, who's an exam marker, that you don't lose marks if you quote the wrong section of the Constitution; I'd think you get the marks there, since you've listed the correct prohibitions. As for your second question, if your teacher is harsh on the marking then you may lose a mark at best. The state parliaments pass an Act which refers their legislative powers on a particular topic to the Commonwealth; an example would be the new National Curriculum - the introduction of "ATAR score" previously known as "ENTER score".
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on March 30, 2011, 10:53:43 pm
I have a question of my own...

"Describe three ways in which the Commonwealth parliament's law-making ability is restricted by the Constitution." (6 marks) This question was on my practice SAC; I got 4 out of 6 marks for this question. I said that the Commonwealth parliament is restricted in that:

- It's restricted by specific prohibitions. For example it can't make laws that strict free trade among states (s. 92)
- It cannot make laws in areas of residual powers. For example, it can't make laws in areas of crime and public transport
- It cannot make laws that infringe on individual's rights such as the freedom of movement

I'm unclear as to how I lost the 2 marks; according to my teacher I contradicted myself with the first and third points. =\ Can someone give an alternative answer or suggestions on how to improve the answer? Cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on March 30, 2011, 10:59:41 pm
I have a question of my own...

"Describe three ways in which the Commonwealth parliament's law-making ability is restricted by the Constitution." (6 marks) This question was on my practice SAC; I got 4 out of 6 marks for this question. I said that the Commonwealth parliament is restricted in that:

- It's restricted by specific prohibitions. For example it can't make laws that strict free trade among states (s. 92)
- It cannot make laws in areas of residual powers. For example, it can't make laws in areas of crime and public transport
- It cannot make laws that infringe on individual's rights such as the freedom of movement

I'm unclear as to how I lost the 2 marks; according to my teacher I contradicted myself with the first and third points. =\ Can someone give an alternative answer or suggestions on how to improve the answer? Cheers.
Interesting..the first and third do not even relate lol, let alone contradict.
Title: Re: VCE Legal Studies Question Thread
Post by: izzykose on March 30, 2011, 11:17:46 pm
I can only think of your first two to be honest. It would be much easier to argue that question for states. Because of Concurrent powers and section 109, specific restrictions 115 coining money and exclusive powers of the commonwealth either by nature, listed in 52 or prohibited.. or even that through allowing conditional grants the constitution even allows influence in areas of residual power.

But for yours! I find that such an obscure question, the first and second are clear, the third is not.. i would not even think of that example.. Maybe through allowing for High court interpretation, the constitution could potentially allow for the restriction or lessening of the commonwealth parliaments legislative powers in the future.. through the interpretation. <<< Could that be used?

Anyways.. hope this helped
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 01, 2011, 10:48:02 pm
How may the Commonwealth influence the states to hand over residual power? Use a case to demonstrate.
I'm thinking of talking about the referral of powers and using the Road's Case.

Done a little but not sure how to correctly put it together. Thoughts?
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 01, 2011, 10:56:30 pm
Bit tired too doesn't help..
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 01, 2011, 10:58:45 pm
In relation to the referral of powers, say something like; The referral of powers is where state parliaments pass an Act which refers their legislative powers on a particular topic to the Commonwealth, they all have to agree; an example of this would be the Road's Case (1926). Then, outline briefly the facts of the case and its' impact on the law-making powers of the Commonwealth. So in essence, it confirmed the Commonwealth's power to provide tied financial grants to the states, it dramatically increased the authority of the parliament to determine on which projects the states spent money, for example, education, hospitals etc. A modern-day example would be Eastlink, the Commonwealth provided funding to the Victorian government with the condition that it be a toll-free freeway.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 02, 2011, 09:07:24 pm
Question...

The Marital Status Act 2009 has just been passed by the Victorian Parliament. How could Section 109 of the Constitution affect this law if it were challenged in the courts? (2 marks)

I'm confused as to how to answer the question. Section 109 relates to inconsistencies in areas of concurrent powers, where the Federal law will override the State law... I'm not sure how that relates to the question though.

Any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 02, 2011, 09:11:05 pm
I believe marriage is a concurrent power. If it were challenged in the courts it would probably because it was inconsistent with a federal law. So the question wants you to basically explain S109 with that act as an example. So the federal law would stand only in the area of inconsistency; that is the state law would not be abrogated entirely.
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on April 02, 2011, 09:23:45 pm
Question...

The Marital Status Act 2009 has just been passed by the Victorian Parliament. How could Section 109 of the Constitution affect this law if it were challenged in the courts? (2 marks)

I'm confused as to how to answer the question. Section 109 relates to inconsistencies in areas of concurrent powers, where the Federal law will override the State law... I'm not sure how that relates to the question though.

Any help would be appreciated!

Marriage is a concurrent power. If there are any inconsistancies between the state and Commonwealth acts, it could be taken to court under section 109 of the Commonwealth Constitution. S109 basically says that, where there are inconsistancies, the Commonwealth legislation is superior to the state legislation and inconsistant sections under the state act could be deemed invalid or void.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 04, 2011, 05:36:39 pm
Cheers EPL. Much appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 10, 2011, 03:46:00 pm
Question.

When referring to a specific section such as S116- protecting freedom of religion, is it necessary to include an example of the restriction as well as elaborating that it prevents Parliament from legislation with respect to religion?

 Cheers
Title: Re: VCE Legal Studies Question Thread
Post by: Hellhole on April 10, 2011, 04:33:23 pm
I'm not sure what you mean by an example of the restriction.

There are a few things that S116 entails, and it's not just preventing Parliament from legislation with respect to religion. It also includes Parliament being secular, members of Parliament not having to specify their religion/doing some religious test to be accepted as a candidate in election and also that the People are able to freely exercise their right to practice whatever religion they please.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 10, 2011, 04:48:06 pm
By example, I mean a real life application of the restriction, so for S116 an example  may be that Parliament cannot legislate in order to make Catholicism as the national religion.

Would I have to include things like that?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 10, 2011, 05:06:22 pm
By example, I mean a real life application of the restriction, so for S116 an example  may be that Parliament cannot legislate in order to make Catholicism as the national religion.

Would I have to include things like that?

No, I wouldn't think you'd need to.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on April 10, 2011, 06:03:50 pm
Just a quick question:
"The Commonwealth constitution protects democratic and human rights for all Australians. Compare this approach to one of the following countries: United Kingdom, the United States of America, Canada, New Zealand and South Africa.   (8 marks)

[I'd like to know what specific points we should include in these sorts of questions to get full marks? and when comparing, do we mention similarites and differences?? and also, with this sort of question, do we need to include our own evaluation or state our point of view on which approach is better? ]

thanks in advance :)
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 10, 2011, 06:19:55 pm
Basically compare the types of rights protected, in what form they come eg a Charter or Constitution, how they are protected eg by the courts, referendum processes etc, how they can be changed if in fact they can be, and whether they are express rights or implied rights. By giving info on these things you will highlight the similarities and differences between each nation's approach.

My list of what to include is not exhaustive, but those are the main points I would include from memory.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 10, 2011, 07:42:46 pm
What country are you doing, Zafaraaaa? Also to add to what flasha said, I would give corresponding similarities/differences if possible; makes for more of a cohesive answer.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on April 13, 2011, 12:08:49 am
What country are you doing, Zafaraaaa? Also to add to what flasha said, I would give corresponding similarities/differences if possible; makes for more of a cohesive answer.
Sorrryy late reply loool but I'm doing New Zealand :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 13, 2011, 05:37:07 pm
Question...

Are we suppose to know all the legal maxims? Or is knowing ejusdem generis enough? It has few other maxims in my textbook. =T

Thanks if anyone can help!
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 13, 2011, 05:39:57 pm
I don't think you'd need all of them tbh. It's only needed for interpreting an act right??? So theres intrinsic and extrinsic materials. You wouldn't need to know them all... More importantly is why you need these things.
Are the maxims mentioned in the study design?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 13, 2011, 05:45:12 pm
I don't think you'd need all of them tbh. It's only needed for interpreting an act right??? So theres intrinsic and extrinsic materials. You wouldn't need to know them all... More importantly is why you need these things.
Are the maxims mentioned in the study design?

Yeh, the maxims assist in interpreting an Act. It's not really clear/specific in the study design relating to what maxims students need to know. Did you just learn the one maxim last year?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 13, 2011, 05:48:13 pm
I learnt a couple but its been a while...
there was one called the golden rule (maybe)
and ejusdem generis - is that the class rule eg. (... and other like items)

I never used them hansard is good to fall back on because the courts use that a fair bit
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 15, 2011, 06:58:05 pm
Will I need to know the strengths/weaknesses of the process of changing the Constitution? It's not in the study design so I'm not too sure if I should read up on it..
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on April 15, 2011, 07:00:49 pm
Its always good to expand our knowledge on the Legal system but if the study design doesnt have anything related then we do need to know about it.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 15, 2011, 07:11:49 pm
OK thanks for that onur!
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 17, 2011, 10:32:59 pm
Could anyone provide me with questions for the first half of AOS2? This being either Chap.2 of KC or Chap.3 of J&O

Whether that means practice sacs, past sacs, finished sacs, A+, I don't really mind, I just want to do some more

cheers
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 17, 2011, 10:42:43 pm
See attached? I don't how useful the documents I've attached are to you, but they're worth doing as practice in any case. Do you have Checkpoints for Legal Studies? There are a lot of questions in there which are separated into each AOS.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 18, 2011, 03:26:21 pm
Where's everyone up to? We're up to AOS 3; Role of the courts in law-making.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on April 18, 2011, 03:55:07 pm
Doing the AOS2 SAC first thing when we get back and then starting on AOS 3 as well :)
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 18, 2011, 11:00:33 pm
We're having SAC 2B when we get back, then straight onto the 3rd topic like yourself EPL.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on April 24, 2011, 02:36:10 pm
Could the referendum procedure be a strength for the constitutional protection of rights? Such as in it ensures that the public can become involved and demonstrate high support for a change in the law?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on April 24, 2011, 03:30:17 pm
yes
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on April 24, 2011, 11:11:49 pm
Did anyone post AOS 2 sacs in those 32 pages before this one? If not could someone pretty please?
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 25, 2011, 01:20:04 am
http://vce.atarnotes.com/forum/index.php/topic,35347.msg419709.html#msg419709
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 25, 2011, 09:42:37 am
Also, see attached.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 25, 2011, 11:44:12 am
I didn't really get Question 1 or Question 4?

was Question 1 just slightly unrelated to the whole scenario and just a question wanting an explanation of what the states powers are?

and Question 4 - analyse? yeah, help appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 25, 2011, 12:02:52 pm
I didn't really get Question 1 or Question 4?

was Question 1 just slightly unrelated to the whole scenario and just a question wanting an explanation of what the states powers are?

and Question 4 - analyse? yeah, help appreciated

Yeh, Question 1 is unrelated to the scenario. It's asking for the division of powers as outlined in the Commonwealth Constitution. Moreover, concurrent and residual powers. Question 4 is just weird. I think if Vera Momcilovic is successful in her case, then the Charter of Human Rights can be used to override laws, specifically drug laws in that case - it would be declared invalid. I'm not sure why it's worth 3 marks, should be less. Question 10 is also a bit weird in my opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 26, 2011, 01:07:42 pm
How would you answer the question

"why has it been necessary for the High Court to interpret the constitution?"
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on April 26, 2011, 01:37:23 pm
How would you answer the question

"why has it been necessary for the High Court to interpret the constitution?"

- To keep it current,
- To give the words meaning,
- To arbitrate issues arising,
- To protect the constitution.


I have a question:
I have learned the following sections, what am I missing?
S.51
(i) trade
(ii) taxation
(iii) customs and Excise made exclusive by S.90
(v) postal, telegraphic, telephonic and other like services
(vi) raising naval and military forces made exclusive by S.114
(xii) currency, coinage and legal tender made exclusive by S.115
(xxi) marriage
(xxvi) legislating regarding people of any race for the Aboriginal rights referendum
(xxix) external affairs
S.71 and 76 high court
S.92 free trade within the cth
S.99 no preference to be given
S.106, S.107, S.108 states' rights
S.109 inconsistency management!
S.116 religion restriction
S.127 indigenous rights
S.128 method of altering

I know the wording may be wrong for some of them, but yeah, anything missing?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 26, 2011, 01:55:33 pm
Nothing that I can think of. That's as much as you would need to know for AOS 2.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on April 26, 2011, 02:01:15 pm
Is it necessary to know all of those, or just needed to get bonus points?
I only remember s.106, 109, 114/s.51(vi), 115/s,51(xii), 116, 92 and s.51 (i) and (ii)
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 26, 2011, 02:04:22 pm
If you know the ones burbs has listed and no others, then you're all set.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 26, 2011, 02:35:39 pm
S51 (xxxvii)
-power given to Commonwealth Parliament allowing Commonwealth to enact laws on matters referred to it by the State(s)

:)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 26, 2011, 02:50:06 pm
Also:

- s. 117. The Commonwealth cannot discriminate against residents in a state.
- s. 75. The High Court has the power to hear and determine cases arising under any treaty.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on April 26, 2011, 03:21:48 pm
Do you actually need to be able to write about them all? Especially the ones in section 51
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 26, 2011, 03:31:32 pm
Depends what the question asks. But you will come across most of them during the year.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on April 26, 2011, 04:41:14 pm
I heard that you don't have to necessarily state the section number, just the general gist of the sections.. is that right? (I think one of the A+ books said this somewhere)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 26, 2011, 04:47:57 pm
I heard that you don't have[i/] to necessarily state the section number, just the general gist of the sections.. is that right? (I think one of the A+ books said this somewhere)

Yeh, I believe that's right. It can't harm to know the sub-sections, to be assured of getting the full marks. Shows more depth of knowledge.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on April 27, 2011, 09:29:21 pm
okay, i've just gotten so bored with this subject
how are you guys still enjoying this?
this is my question
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 27, 2011, 09:43:57 pm
Whats bothering you nacho?
Constitution not your cup of tea?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 27, 2011, 09:50:17 pm
If I've interpreted your question correctly, I'm still enjoying the subject because the content is interesting? For AOS 3, it becomes more interesting than the previous two AOS's. The only thing I dislike about this subject is having to learn/memorise so much information, whereas in other subjects there is less to memorise. I can't speak for you, but Legal Studies is probably going to end up as my best subject, hence I just do the work even if it's boring at times; which it is.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on April 28, 2011, 03:38:53 pm
Whats bothering you nacho?
Constitution not your cup of tea?
Na, it's not that.
The questions just seem incredibly boring sometimes, from the purple textbook (justice and outcomes is it?)
I enjoyed it a bit today, but idk, I have no motivation whatsoever to study for it at home.
What are you guys up to?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on April 28, 2011, 04:10:07 pm
I think Macrob used Making and Breaking the Law last year, not sure if you guys changed it.

well everyone has different interests I guess :)
We're behind everyone, going to finish off Protection of Rights of the Constitution tomorrow.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 28, 2011, 05:22:43 pm
CGS is using "Making & Breaking the Law" this year. We're up to AOS 3; Judges' ability to make law.

P.S. Liuy, we're more screwed than MHS for the Bond University Mooting Competition. Being the Respondent is harder than being the Appellant.  :p
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on April 28, 2011, 09:42:26 pm
Question...

How does the operation of the doctrine of precedent help the community to know what the law requires in a situation?

I'm not sure what the answer is. It's a textbook question. Any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on April 28, 2011, 09:59:09 pm
Basically the doctrine of precedent allows for certainty and predictability as to how laws and situations are interpreted and adjudicated on by the courts. This ultimately means the community is aware of how laws are applied in particular cases.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on May 01, 2011, 09:12:48 pm
Do SACs matter all that much for legal?
Our school's been giving pretty easy ones lately, i have one on wednesday but im trying to study for my midyears (chem and accounting)
Should i completely neglect Legal SACs for now? Perhaps lose first rank by 4 or 5 marks ? Or should i study for them maintaining rank 1, because they can make a difference?
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on May 01, 2011, 09:26:38 pm
Do SACs matter all that much for legal?
Our school's been giving pretty easy ones lately, i have one on wednesday but im trying to study for my midyears (chem and accounting)
Should i completely neglect Legal SACs for now? Perhaps lose first rank by 4 or 5 marks ? Or should i study for them maintaining rank 1, because they can make a difference?


Try and keep rank 1 for as long as possible. If your schools SAC's are easy you shouldn't have to study too hard for it right?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on May 04, 2011, 09:48:40 pm
Anyway,
can someone explain
'external affairs'
and 'treaties' to me?
The book may as well have been in french, what the hell is la grille??
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on May 05, 2011, 12:18:54 am
Well firstly you need to understand the Franklin Dams case, as it extended the meaning of external affairs to include any area covered by an international treaty, thus increasing the legislative power of the Commonwealth.

S51(xxix) is the external affairs power and the High Court interpreted this power to cover treaties, which in the context on the case, related to the proposed damming of the Franklin River, which was protecting by an UNESCO treaty.

The Damming was therefore stopped, new precedent created, the power extended,

Title: Re: VCE Legal Studies Question Thread
Post by: nacho on May 05, 2011, 03:47:36 pm
fewf sure am glad i didnt spend time on it
i spent 1.5 hours rote learning the stuff, for some reason i already knew the constitution (except s.99 ans s.5 1(v))
but yea does someone mind uplaoding their legal sacs/prac sacs?
Is legal generally straigthforward like the sacs ive been getting, and you just have to work on answering the question properly?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 05, 2011, 09:58:57 pm
Look at page 33 of this thread for practice SACs. Yeh, that's essentially it; knowing how to answer the question to obtain full marks. That comes with practice, and exposing yourself to as many different types of questions as possible - so when you do SACs and eventually the exam, there won't be any questions which you haven't already seen before. Legal Studies doesn't really throw up any real surprises, if you know the content back-to-front in my opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: Darren on May 12, 2011, 04:55:14 pm
Are retirement funds/ pension laws a residual power?
Title: Re: VCE Legal Studies Question Thread
Post by: waldo777 on May 12, 2011, 09:20:49 pm
Are retirement funds/ pension laws a residual power?

They are definitely not residual. Probably exclusive but possibly concurrent (despite being funded and regulated by the Commonwealth).
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 21, 2011, 10:42:31 pm
Where's everyone up to? We started Unit 4 on Thursday. My AOS 3 SAC is about 2 weeks away!
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on May 21, 2011, 10:47:52 pm
Wow EPL you guys are at least a week and a half ahead of us !
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on May 26, 2011, 08:15:12 pm
So apparently in the study design we must know the relationship between parliament and the courts as law-makers. Does anyone know what the differences between the parliament and the courts are as law-makers?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 26, 2011, 10:01:36 pm
Does anyone know what the differences between the parliament and the courts are as law-makers?

Some include:

- Parliament can investigate a whole area of law and make a comprehensive set of laws. Whereas, the courts cannot investigate a whole area of law; they can only make decisions based on what is brought before them.
- Parliament can make laws "in futuro". Courts make laws "ex post facto".
- Parliament provides for an area for debate. Judges make decisions based on the information presented to them in court and no public debate takes place.
- Parliament is democratically-elected. Whereas judges are appointed by the Governor on advice from the government; hence not democratically-elected.
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on May 29, 2011, 09:21:52 am
How can one best structure a legal studies essay? It was the question i stuffed up the most in my Legal SAC the other week, and I have to do two in the sac this week. fun.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 29, 2011, 03:54:18 pm
How can one best structure a legal studies essay? It was the question i stuffed up the most in my Legal SAC the other week, and I have to do two in the sac this week. fun.

Depends on the question. Generally, the "essay" questions tend to be worth 10 marks. In AOS 3, Unit 3; the main 10-mark question relates to the strengths and weaknesses of the courts as law-makers. The way I would structure my answer is; have one "introduction" paragraph about the courts as law-makers. For example, the courts are created by Parliament, who pass Acts which creates the courts and also sets out their jurisdiction (i.e. The Supreme Court Act created the Victorian Supreme Court.). Some strengths include; then list 4 strengths of the courts as law-makers. Then say "However, some weaknesses include..." and list 4 corresponding weaknesses - assuming it's a "Critically evaluate" question. After the "introduction" paragraph; have 4 separate paragraphs. One strength and corresponding weakness per paragraph; as outlined previously. That should be enough to get full marks - in my opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on May 30, 2011, 10:53:27 pm
AOS 3 - Role of courts.

There are about 1000000000 case studies, dunno what I need examples for. Is this enough:

Negligence (Donoghue v. Stevenson and Grant v. Aus Knitting Mills)
Mabo->Wik->Native title act
Deing v. Tarola
Mansfield v. Kenny
Trigwell
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on May 30, 2011, 11:08:55 pm
Yes.
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on June 20, 2011, 11:50:40 pm
how would i answer this question ?
How does a judge interpret statutues? thers not really a process so is it talking about the intrinsic and extrinsic materials ?
also how would i answer this, should the courts be making laws on controversial issues?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on June 21, 2011, 02:06:46 am
1. You should briefly discuss Statutory Interpretation, i.e. involving a judge examining and interpreting the meaning of words contained in a relevant stature before applying these to the facts of the case.
Then go on to talk about methods used to carry out this statutory interpretation, i.e. intrinsic materials (punctuation, heading etc) and extrinsic materials (Hansard, Parliamentary Committee Reports etc.)

2. This requires a bit of discussion on the strengths and weaknesses of Courts making laws on Controversial issues. You could say Judges are not subject to political pressures when making decisions, so can objectively assess need for change in law.
On the other hand, Courts are not an elected body so certain groups may be affected by controversial court-made law and they have no recourse for democratic processes to challenge the decision.

:)
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on June 24, 2011, 11:49:42 am
how would i answer this question ?
How does a judge interpret statutues? thers not really a process so is it talking about the intrinsic and extrinsic materials ?
also how would i answer this, should the courts be making laws on controversial issues?

for the second question (on the courts and controversy), you need to consider a few things, because, without actually saying it in the question, it is a critical evaluation of the courts as law makers - however it takes it a step further and specifies exactly which area of court made law it wants you to evaluate (the ability of the judiciary to make laws in controversial areas).

-Because they don't rely on votes, judge's aren't at the mercy of the public, as (unlike Parliament) they cannot be held accountable for their actions. If a judge sets a precedent that goes against the views and values of the wider community, there is little that can be done, particularly if a higher court (supreme or even High court) does this. The only way a bad court-made law can be overturned is by Parliament (a feature of their relationship, and a strength of Parliament as a lawmaking body). As a result of this absence of accountability, it's argued that the courts should not make laws in controversial areas, as there is no way to check against bias or poor decisions.
However, this fact that judge's are appointed and not elected also means that the judiciary can make laws that are likely to be in the best interest of society - free from political pressures and influences. Because Parliament relies on the public's vote, they may withhold lawmaking in areas of controversy to avoid alienating a particular (usually powerful) group of voters. Without this issue, the courts can effectively make laws in controversial areas.

-Another point is that the judiciary is not democratic, as it is often only a single judge who sets precedent. In areas of controversy (such as abortion) , it's difficult for a single person to make impartial laws, setting aside their own views on the matter. Because no official scrutiny can be applied on the judiciary, it is likely that their personal biases will disrupt their ability to effectively make laws in controversial areas.

Also, the primary function of the courts is to settle the dispute presented in the case before them - lawmaking is their secondary function. This means that a court may set a precedent (and thus, make a law) that is in the best interest of the case at hand, but may be inadequate as a general law. Because no 2 cases are identical, the judge's ratio decidendi must be focused on the case at hand, but also general enough to be applied to wider cases. this is difficult to achieve, and rarely done properly - court-made law tends to be tilted in the best interest of the particular case (that is, to be applied to the ad hoc case, rather than as a general rule for the wider community). In controversial areas, this means that a law may be made that is appropriate to one case, but inappropriate to others, and so the law itself would be ineffective in practice.


hope this helps, sorry it's so long, i haven't written about legal in a few months so reword it in your own way, but those are the main few points (you don't need to talk about all of them - depends on how many marks the q. is worth)
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on June 24, 2011, 11:54:08 am
AOS 3 - Role of courts.

There are about 1000000000 case studies, dunno what I need examples for. Is this enough:

Negligence (Donoghue v. Stevenson and Grant v. Aus Knitting Mills)
Mabo->Wik->Native title act
Deing v. Tarola
Mansfield v. Kenny
Trigwell


that is plenty, you only need to make fleeting reference to exemplary cases when you're talking about the role of the courts. you can probably even make do without referring to any (although it's good if you do). but don't just rote learn the facts of the case; have no more than one sentence referencing the case, and how it applies to what you're talking about.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 09, 2011, 01:14:43 pm
Does anyone know how much of Chapter 6 from the Justice&Outcomes book we actually need to know? The study design is pretty vague for the court jurisdictions sections, so do we have to know all the specialist courts of the Magistrates Court? And even all that info on the Magistrates Court in Ex 6.3? There seems to be a lot of irrelevant material in this chapter, just not sure if I should study it or just leave it. Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 09, 2011, 01:40:17 pm
I would say yes. You need to know all the specialist courts of the Magistrates' Court (i.e. Drug, Koori, Children's and Coroner's Court). Different textbooks cover different courts/lists. J&O covers the Family Violence Division, Sexual Offences List and Assessment and Referral Court List - which isn't covered in "Making and Breaking the Law". Know all of them to cover your bases. As for the information in Ex. 6.3, everything there is relevant/essential with the exception of "Diversion programs" perhaps. I haven't studied that. For the specialist courts of the Magistrates' Court such as the Coroner's Court, all you need to say is what type of cases it can hear/ investigate. In short, study it.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 10, 2011, 04:17:34 pm
Well, i'm back, time to pown legal studies.
Was wondering if anyone could help me with:

1.What problems can arise if parties to a dispute decide to try to take the matter into their own hands, rather than negotiate a settlement to the problem?

2. What are some problems that might be experienced when attempting to resolve disputes through mediation?

3. Describe the way in which mediation is used in the supreme court.

thanks!
Anyone finished legal studies course yet? where are you guys at?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 10, 2011, 06:52:10 pm
1. If parties take matters into their own hands, one party may dominate the other and as a result a party may compromise too much - leading to an unjust outcome. Also, they may not be fully aware of their legal rights.

2. Similar to question 1. One party may dominate and as a result the other party may compromise too much, leading to an unjust outcome. Also, there may be a lack of finality. Using mediation may not always result in the dispute being settled. In some cases if the dispute is not resolved, it may eventually reach court/judicial determination (costing time and money).

I'm not sure about question 3. I would just give the textbook definition of mediation to be honest. I haven't finished the course; I'm going over practice questions and my notes for AOS 1, since I have a SAC on it in week 2.
Title: Re: VCE Legal Studies Question Thread
Post by: ech_93 on July 10, 2011, 07:17:31 pm
3. Most civil cases in the Supreme Court go to mediation as a pre-trial procedure - this will obviously save costs and time if parties are able to solve the matter through mediation. If mediation is not successful, the matter will proceed to trial.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 01:22:24 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 12, 2011, 04:04:41 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)

Learn all of them? Again the study design is quite vague in this area, so I'd learn all 3 lists (i.e. The Anti-Discrimination List, Residential Tenancies List and the Civil Claims List) to be on the safe side. Try using the other textbooks for more information on the other lists.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 05:46:35 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)

Learn all of them? Again the study design is quite vague in this area, so I'd learn all 3 lists (i.e. The Anti-Discrimination List, Residential Tenancies List and the Civil Claims List) to be on the safe side. Try using the other textbooks for more information on the other lists.

Hmm are you sure? Key Concepts doesn't even go into detail for any of the lists, it just lists each of them. Justice Outcomes goes a step further and describes Anti Discrimination in detail though, so yeah I'm just not sure :/
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 12, 2011, 06:01:24 pm
The textbook only focuses on the Anti Discrimination List, so I'm assuming we only need to know this one in detail? (All other lists are briefly mentioned)

Learn all of them? Again the study design is quite vague in this area, so I'd learn all 3 lists (i.e. The Anti-Discrimination List, Residential Tenancies List and the Civil Claims List) to be on the safe side. Try using the other textbooks for more information on the other lists.

Hmm are you sure? Key Concepts doesn't even go into detail for any of the lists, it just lists each of them. Justice Outcomes goes a step further and describes Anti Discrimination in detail though, so yeah I'm just not sure :/

Can't harm to know them in my opinion. All you really need to know about each list is what types of disputes each can hear (provide an example), the claims it can hear up to (all can hear up to $10,000; except for the Anti-Discrimination List which is unlimited) and where appeals are heard from each list (i.e. all appeals go to the Supreme Court). The "Making and Breaking the Law" textbook provides a paragraph or two on each list.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 12, 2011, 07:41:47 pm
In the annotated study design for teachers for the new 2011 new course, in relation to: the role of VCAT, there is a comment on the side specifying: "Focus on role, rather than jurisdictions. Could include discussion of the range of disputes heard by VCAT, and the operation of ONE list as an example.

I only studied the Anti-Discrimination list, I believe that one of the principal changes to Unit 4 was to take out the lists of VCAT as one of the key knowledge areas.





Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 08:54:00 pm
Thanks for the clarification Liuy! I just had a read of the annotated study design, VCAA being decent for once: Comment [A57]: Reduced number of courts to minimise rote learning; Trial Division and Court of Appeal both specified.

:P
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 12, 2011, 09:25:02 pm
No worries !

How are you guys doing strengths and weaknesses for ADRs and Courts?
In MBL, they have each ADR's strengths and weaknesses separately listed, unlike the other 2 texts which have mediation, arbitration and conciliation mixed into one category for strengths and weaknesses.

Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 12, 2011, 11:09:07 pm
No worries !

How are you guys doing strengths and weaknesses for ADRs and Courts?
In MBL, they have each ADR's strengths and weaknesses separately listed, unlike the other 2 texts which have mediation, arbitration and conciliation mixed into one category for strengths and weaknesses.



I'm probably just gonna do it the way the textbook has it - all together in one category. You wouldn't really want to get THAT specific (are there even vast differences in strengths and weaknesses for each of the methods?) as you've got to know strengths and weaknesses for courts and VCAT as well.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 12, 2011, 11:24:11 pm
I'm probably just gonna do it the way the textbook has it - all together in one category. You wouldn't really want to get THAT specific (are there even vast differences in strengths and weaknesses for each of the methods?) as you've got to know strengths and weaknesses for courts and VCAT as well.

Ditto. From the questions I've seen/done, the ones that get tested the most are "Compare the courts and VCAT in resolving disputes" and "Critically evaluate alternative dispute resolution methods in settling a dispute". I've learnt three or four corresponding strengths and weaknesses for ADRs/VCAT/courts. Most of the ADR methods have similar strengths and weaknesses; they don't vary too much I don't think.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 13, 2011, 07:54:49 pm
Hi; is the Supreme court-trial division's appellate jurisdiction essentially the Supreme court's-court of appeal appellate jurisdiction? It's confusing because why have a trial division if it already has an appellate..?
So when I learn it's jurisdiction would the Appellate jurisdiction of the trial division be the same thing as the appellate of the court of appeal, or must I learn both as different jurisdictions?
Confusing :\
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 13, 2011, 08:59:11 pm
Hi; is the Supreme court-trial division's appellate jurisdiction essentially the Supreme court's-court of appeal appellate jurisdiction? It's confusing because why have a trial division if it already has an appellate..?
So when I learn it's jurisdiction would the Appellate jurisdiction of the trial division be the same thing as the appellate of the court of appeal, or must I learn both as different jurisdictions?
Confusing :\

Nooo! They're different appellate jurisdictions. The Court of Appeal only has an appellate jurisdiction, no original jurisdiction. Usually you'll find looking at the jurisdiction table in the textbook can clear things up.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 13, 2011, 09:11:53 pm
They're different, as werdna pointed out. The image I've attached should hopefully clear things up for you.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 13, 2011, 09:57:17 pm
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 13, 2011, 10:13:00 pm
Oh another thing: what's does an 'appeal on a point of law' mean?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 13, 2011, 10:18:00 pm
Oh another thing: what's does an 'appeal on a point of law' mean?

I think it's where the losing party believes that the judge/magistrate erred in the application of the law or in other words, made a mistake in applying the law (and is subsequently appealing on that basis).
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 14, 2011, 01:30:16 am
Is it just me or are the strengths and weaknesses of the way courts and VCAT operate to resolve disputes very similar to the strengths and weaknesses of dispute resolution methods used by courts and VCAT...
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 14, 2011, 10:42:03 am
Basically exactly the same. One of many overlaps in the course with strengths and weaknesses.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 14, 2011, 11:57:00 am
When doing the strengths/weaknesses of dispute resolution methods used by courts/VCAT.. does judicial determination come under the umbrella of ADR (hence doing it all together)? I read up this post that you should do it altogether but the A+ notes seperates judicial determination + ADR being mediation, arbitration, conciliation
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 14, 2011, 12:08:54 pm
Oh dw, massive slab of text saying ADR is mediation, arbitration and conciliation
Title: Re: VCE Legal Studies Question Thread
Post by: whaleiouse on July 14, 2011, 05:52:43 pm
Hey guys,
random question in my textbook that kinda threw me-

'suggest reasons why criminal and civil disputes should be treated diffrently'

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 14, 2011, 06:33:12 pm
In your answer include different characteristics of civil and criminal disputes
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 14, 2011, 06:39:20 pm
My teacher's a very tough marker and I've lost a few marks in SACs for 'critically evaluate q's' because she says my corresponding strength/weakness don't FULLY relate enough.., 'fully' relate as in the weakness must be a direct weakness of the strength.. but I find it hard to find a weakness that nicely corresponds.  Could someone please provide an example of 3-4 strengths balanced against their weaknesses for ADR? I could only come up with one that fully related, Strength being lack of formality and the weakness to the strength being lack of formality could provoke some parties to abuse their power and force unjust results :S
thanks
Title: Re: VCE Legal Studies Question Thread
Post by: whaleiouse on July 14, 2011, 07:21:49 pm
Ahhh compare and contrast questions, my teacher marks like a demon on those questions too.
Have you got the text book 'Making and Breaking the Law?' becuase it lists the pro's and con's of each one and I find it helpfull to match them up.

An answer that worked for me for the ADR of mediation is:

Informal atmosphere-This ecourages compromise, and for the parties to reach a decision through negotiation. This can generally lead to both parties being more satisfied with the result and hence more inclined to stick to it. It is also a less intimidating method of dispute resolution. However this may allow the more confident or powerful party can take advantage skewing the results.

Parties are encouraged to resolve thier own dispute with the assistance of third parties who are experienced in the mediation procedures again this makes the parties involved more inclined to stick to it. However if one party refuses to participate or refuses to compromise then the whole process is nulified as the parties could not resolve thier dispute, adding delays to the legal process.

Mediation produces a win/win situation where both parties may feel like they got somthing out of the process, which is particually appropriate in situations where the parties will have sustained contact with each other (i.e. neighbours). However this decision reached is not binding or legally enforcable, and as such is heavily relient on goodwill.

Hope that helps mate :D
Title: Re: VCE Legal Studies Question Thread
Post by: gs on July 14, 2011, 11:10:00 pm
Compare and contrast the effectiveness of ADR and the traditional court system? What should this include?

I'm thinking (traditional/ADR): high costs/low costs, extended delays/non-existant delays, binding/most not binding..
Title: Re: VCE Legal Studies Question Thread
Post by: andy456 on July 15, 2011, 12:22:58 am
yeah and you could also argue

formal/informal, accessible to a wider range of the public (can occur on weekends and in the night)/ limited accessibility
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 01:31:10 pm
Are we supposed to learn the jurisdiction of the coroners court? It's on a practice sac here.. I thought the SD omitted those specialist courts for less rote learning?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 01:51:26 pm
I would say yes. You need to know all the specialist courts of the Magistrates' Court (i.e. Drug, Koori, Children's and Coroner's Court). Different textbooks cover different courts/lists. J&O covers the Family Violence Division, Sexual Offences List and Assessment and Referral Court List - which isn't covered in "Making and Breaking the Law". Know all of them to cover your bases. For the specialist courts of the Magistrates' Court such as the Coroner's Court, all you need to say is what type of cases it can hear/ investigate. In short, study it.

That's what I said to werdna a while back. My understanding is that since the introduction of the new study design, VCAA has reduced the number of lists (VCAT) that students need to know, but you'd still be expected to know a few specialist courts of the Magistrates' Court, hence I included the Coroner's Court in the practice SAC. Any specialist court of the Magistrates' Court is examinable I think, so I'd learn it to be safe.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 03:41:24 pm
:( Damn.
Also.. the lists? I never learnt one.. did we need to study a specific list or could we pick and choose? I just learnt the 'role' of VCAT; as it was expressed in the SD
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 04:12:22 pm
In the annotated study design for teachers for the new 2011 new course, in relation to: the role of VCAT, there is a comment on the side specifying: "Focus on role, rather than jurisdictions. Could include discussion of the range of disputes heard by VCAT, and the operation of ONE list as an example.

I only studied the Anti-Discrimination list, I believe that one of the principal changes to Unit 4 was to take out the lists of VCAT as one of the key knowledge areas.

That should answer your question. I think if you learn one of the three lists; Anti-Discrimination, Civil Claims or Residential Tenancies List in detail (textbook will suffice), then you'll be fine. I'm assuming you would get to pick-and-choose a list to study.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 04:38:48 pm
What does this weakness mean? 'Dispute resolution has become fragmented, which has added confusion experienced by parties about where a dispute resolution would best be solved' It's under VCAT. Does it have something to do with the excessive amount of 'lists' or something?
Totally clueless
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 15, 2011, 04:51:38 pm
What textbook do you guys use? Does anyone else think that 'justice and outcomes 11e' is written by a Fob?

Anyways:
"what ground are required for a civil appeal to be heard in the supreme court?"

"Describe the ways in which mediation is used in the Supreme Court"

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 15, 2011, 04:58:18 pm
I would say yes. You need to know all the specialist courts of the Magistrates' Court (i.e. Drug, Koori, Children's and Coroner's Court). Different textbooks cover different courts/lists. J&O covers the Family Violence Division, Sexual Offences List and Assessment and Referral Court List - which isn't covered in "Making and Breaking the Law". Know all of them to cover your bases. For the specialist courts of the Magistrates' Court such as the Coroner's Court, all you need to say is what type of cases it can hear/ investigate. In short, study it.

That's what I said to werdna a while back. My understanding is that since the introduction of the new study design, VCAA has reduced the number of lists (VCAT) that students need to know, but you'd still be expected to know a few specialist courts of the Magistrates' Court, hence I included the Coroner's Court in the practice SAC. Any specialist court of the Magistrates' Court is examinable I think, so I'd learn it to be safe.

Specialist courts of Magistrates' and County Courts like the Koori Court and Drug Court etc should be learnt, but other specialist courts like the Children's Court, Coroner's Court, High Court, Family Court, Federal Court are not part of the study design. Only the Magistrates', County and Supreme (Trial and Appeal) Courts are examinable (plus their respective specialist courts) but all the rest are not, if I'm looking at the textbook and study design properly.
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 05:01:27 pm
Alright. Ty.
What does this weakness mean? 'Dispute resolution has become fragmented, which has added confusion experienced by parties about where a dispute resolution would best be solved' It's under VCAT. Does it have something to do with the excessive amount of 'lists' or something?
Totally clueless
Can someone help me with my query? ^o^
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 05:20:29 pm
Alright. Ty.
What does this weakness mean? 'Dispute resolution has become fragmented, which has added confusion experienced by parties about where a dispute resolution would best be solved' It's under VCAT. Does it have something to do with the excessive amount of 'lists' or something?
Totally clueless
Can someone help me with my query? ^o^

It's saying that there are many methods of getting a dispute resolved (i.e. mediation, conciliation and arbitration) in addition to VCAT's specialised lists and subsequently, this confuses parties of which is the best way to resolve their dispute.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on July 15, 2011, 06:10:32 pm
yeah and you could also argue

formal/informal, accessible to a wider range of the public (can occur on weekends and in the night)/ limited accessibility

Good man cheers
Title: Re: VCE Legal Studies Question Thread
Post by: YenEe94 on July 15, 2011, 06:15:10 pm
What separates certain criminal offences to be heard in the supreme vs. county in terms of indictable offences? (Since they both hear indictable offences) Are the more serious ones held in the supreme and which ones are the more 'serious'.. aren't they categorized equally?
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 15, 2011, 06:31:30 pm
The County Court hears most indictable (serious) offences, with the exception of the MOST serious indictable offences which must be heard in the Supreme Court, for example murder, treason, child homicide and manslaughter.

No they are not catergorised equally.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 15, 2011, 09:38:49 pm
What textbook do you guys use? Does anyone else think that 'justice and outcomes 11e' is written by a Fob?

Though my school's primary text is Making and Breaking the Law, I use all 3; J&O, Making and Breaking the Law and Key Concepts. J&O goes into a lot of depth, whereas the other two textbooks don't comparatively.

Anyways:
"what ground are required for a civil appeal to be heard in the supreme court?"

"Describe the ways in which mediation is used in the Supreme Court"

thanks

1. On point of law from the Magistrates' Court or from VCAT.
2. As ech_93 said a few pages back, mediation in the Supreme Court is used in an attempt to save parties time and money in civil disputes. That's really the only way mediation is used in the Supreme Court, I think.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 19, 2011, 06:23:12 pm
anyone uploaded notes in regards to courts, ADR, adv and disadv of both and VCAT?
I got a SAC coming up! already.. :/ would much rather study umat than this but ohwell
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 19, 2011, 06:29:09 pm
Have you checked the notes chrisjb wrote last year? They might  help you out.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 19, 2011, 06:38:10 pm
Have you checked the notes chrisjb wrote last year? They might  help you out.

That's a good idea. The notes uploaded by students who completed this subject last year are very comprehensive. Otherwise, most of the textbooks have summaries of the content/AOS at the end of the chapter.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on July 19, 2011, 06:41:18 pm
Have you checked the notes chrisjb wrote last year? They might  help you out.

Is there a link to his notes? I can't find them :P
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 19, 2011, 06:43:12 pm
I can email it to you, pm me your email.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 20, 2011, 12:31:12 pm
Have a squiz at my notes too, they might be of assistance. They're called "Legal Studies Course Summary".
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 24, 2011, 09:15:27 pm
This is quite urgent;
- what are two reasons for specialists court?

And i still don't understand the difference between 'on point of law, and point of fact' although it seems so obvious..
someone care to explain, giving me an example in terms different from the textbook?

Also, i dont see the difference between judicial determination and taking a case to the court?

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 24, 2011, 09:26:16 pm
I am a legal noob, but from what Ive understood; Firstly to have your case heard at a specialist court you must plead guilty. Specialist courts are made to ease the load the Magistrates courts have in dealing with cases. A main reason for specialist courts is the fact that they take more time in coming to solutions. Example: Koori Court takes much longer than a case heard in the normal Magistrates court because they (magistrate, elder, counsellors) want to solve the issue from the core. I went to a magistrate court and the elder I spoke to said that many of the people at the magistrate courts are come very often because they are not 'taught there lesson', so basically the aim of the specialists courts is to trying to help rehabilitate the people involved and trying to make them change their lives rather than being given a punishment and then coming back to court sooner or later cause of similiar offences.   

^ I feel like I repeated myself, but thats what I understood :/
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 24, 2011, 09:28:39 pm
One reason for having specialist courts is that it allows for specialisation, whereas the main courts cannot specialise. For example, the introduction of the Koori Court deals with cases involving individuals of Aboriginal background; allowing for cases to be dealt with effectively and quickly. A second reason for having specialist courts is that it reduces the workload and burden on the higher courts such as the Magistrates’ and County Court, as it deals with the minor matters whereas the more serious cases are heard by the higher courts like the Supreme Court.

Also, i dont see the difference between judicial determination and taking a case to the court?

It's the same thing.
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on July 24, 2011, 09:36:27 pm
^ Spot on
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on July 24, 2011, 09:49:10 pm
I am a legal noob, but from what Ive understood; Firstly to have your case heard at a specialist court you must plead guilty. Specialist courts are made to ease the load the Magistrates courts have in dealing with cases. A main reason for specialist courts is the fact that they take more time in coming to solutions. Example: Koori Court takes much longer than a case heard in the normal Magistrates court because they (magistrate, elder, counsellors) want to solve the issue from the core. I went to a magistrate court and the elder I spoke to said that many of the people at the magistrate courts are come very often because they are not 'taught there lesson', so basically the aim of the specialists courts is to trying to help rehabilitate the people involved and trying to make them change their lives rather than being given a punishment and then coming back to court sooner or later cause of similiar offences.   

^ I feel like I repeated myself, but thats what I understood :/
thanks!

One reason for having specialist courts is that it allows for specialisation, whereas the main courts cannot specialise. For example, the introduction of the Koori Court deals with cases involving individuals of Aboriginal background; allowing for cases to be dealt with effectively and quickly. A second reason for having specialist courts is that it reduces the workload and burden on the higher courts such as the Magistrates’ and County Court, as it deals with the minor matters whereas the more serious cases are heard by the higher courts like the Supreme Court.

Also, i dont see the difference between judicial determination and taking a case to the court?

It's the same thing.
thanks epl, great points
just in regards to that second point, we've been taught that this is the reason for a 'court hierarchy' and the name of this advantage is administrative convenience. do you think i'd get the marks if i used this on my SACs?

I can see how they both work though, so thanks!


also, just once again
difference between point of law and fact?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 24, 2011, 10:00:43 pm
thanks epl, great points
just in regards to that second point, we've been taught that this is the reason for a 'court hierarchy' and the name of this advantage is administrative convenience. do you think i'd get the marks if i used this on my SACs?

also, just once again
difference between point of law and fact?

Yeh, definitely you would. That's one of the reasons I've learnt as well; my SAC is tomorrow. I'm not entirely sure what the difference between "point of law" and "point of fact" is, hence I didn't answer it. My guess would be as good as yours. I don't think you need to know what the difference is, as along as you can outline the jurisdiction of the Court of Appeal (criminal and civil) correctly, then you'll be fine - which is what I assume this is in relation to.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on July 24, 2011, 10:17:24 pm
I think Point of law is to do with applying the law correctly to the case before the court. This requires extensive knowledge of the laws and their sections so as to ensure the most appropriate law is used when determining whether the accused has breached a law. The judge determines the point of law.

Point of fact in a criminal case is the role of the jury in a criminal case. They listen to both parties establish their version of facts in relation to the case and decide which facts are the correct representation of the truth. Hence the standards of proof of Beyond Reasonable Doubt (facts must prove the prosecution's case beyond reasonable doubt) and on the balance of probabilities (most probable that one side's argument is right and the other side's argument is most probably wrong)

Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on July 24, 2011, 10:35:49 pm
If VCAT is legally binding, why does it use mediation/conciliation? :O
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 24, 2011, 10:49:39 pm
If VCAT is legally binding, why does it use mediation/conciliation? :O

In VCAT only arbitration is legally-binding. Generally, parties will go through mediation and conciliation first (as it encourages parties to resolve disputes themselves) and if it cannot be resolved in those methods, then it will reach arbitration. Arbitration is used as a last-resort method in VCAT.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 25, 2011, 10:18:35 am
This is also a strength of VCAT as opposed to other ADRs, and a weakness of mediation and conciliation.
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on July 26, 2011, 09:54:54 pm
In the study design, it says we should know the role of the VCAT. Does this mean we should also go through the Anti-Discrimination list and the Residential Tenancies List also?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 26, 2011, 10:06:47 pm
Yes. But they're very simple in terms of their role/purpose.
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on July 26, 2011, 10:20:59 pm
Yes. But they're very simple in terms of their role/purpose.

Thanks!
Also, another question, with the role of the VCAT, do we need to know ALL of their roles in detail?
Also with the strengths and weaknesses of ADR, should we know all of them? Or 3 of each, 2 of each, etc?
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 26, 2011, 10:44:20 pm
There's only a few roles, and most are basically the strengths of the tribunal. I'd know 5 of each.
Title: Re: VCE Legal Studies Question Thread
Post by: SupaMario on July 27, 2011, 07:04:39 pm
'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 27, 2011, 07:27:07 pm
'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

Strictly by the definition of the County Court, no. The County Court deals with the less serious indictable offences such as armed robbery and culpable driving. Whereas, the Supreme Court deals with the most serious indictable offences; i.e. murder and murder-related cases (such as manslaughter) in which a jury is mandatory.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on July 27, 2011, 08:01:17 pm
When discussing the role of VCAT; do we need to explain the role of one lists jurisdiction or is that going too far?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 27, 2011, 08:10:51 pm
When discussing the role of VCAT; do we need to explain the role of one lists jurisdiction or is that going too far?

Depends on how many marks the question is. If it's a 2-mark question, then no; just explaining the role of VCAT is perfectly acceptable for 2 marks. However, if it's more than that - then I would. It shows a greater depth of knowledge to your teacher marking your work, if you can provide examples of what you're talking about.
Title: Re: VCE Legal Studies Question Thread
Post by: SupaMario on July 27, 2011, 10:42:13 pm
'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

Strictly by the definition of the County Court, no. The County Court deals with the less serious indictable offences such as armed robbery and culpable driving. Whereas, the Supreme Court deals with the most serious indictable offences; i.e. murder and murder-related cases (such as manslaughter) in which a jury is mandatory.

What about this manslaughter case being heard in the County Court? Is it because there are certain circumstances whereby a manslaughter case is able to be tried in the County Court?
http://www.thecourier.com.au/news/local/news/general/rhys-marshalls-death-manslaughter-trial-continues/2007301.aspx
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on July 27, 2011, 11:12:20 pm
urgent; when describing for example the jurisdiction of courts, besides naming what types of appeals they can hear must we also describe what the court can do with that appeal?
e.g. the appellate jurisdiction of the county court involves being able to hear appeals regarding the conviction or length of sentence from the magistrates'; workcover matters and length of sentence from the childrens court by a single judge
is that enough?
also; what about the judges/jury which can hear in that jurisdiction? is that needed too?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 30, 2011, 09:28:22 pm
urgent; when describing for example the jurisdiction of courts, besides naming what types of appeals they can hear must we also describe what the court can do with that appeal?
e.g. the appellate jurisdiction of the county court involves being able to hear appeals regarding the conviction or length of sentence from the magistrates'; workcover matters and length of sentence from the childrens court by a single judge
is that enough?
also; what about the judges/jury which can hear in that jurisdiction? is that needed too?

Short answer, no (to both questions). Apologises if I've replied a bit late. Naming what types of appeals are heard in each court is sufficient. You don't need to mention if a magistrate/judge/jury is present either.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on July 31, 2011, 10:10:33 pm
I couldn't be bothered making another thread about this. Is it worth going to any Legal Studies lectures at the end of the year (if at all) - prior to the exam? Thoughts? I'm hesitant to actually go to any seeing as they tend to focus on the course content, rather than exam technique; which is what I'd ideally prefer.
Title: Re: VCE Legal Studies Question Thread
Post by: flash36 on July 31, 2011, 10:16:09 pm
I didn't get alot out of mine. Good Legal kids know how to best answer questions anyway, you don't need to be told. Any questions you have come exam time, just ask me and the other 2010 legal kids!
Title: Re: VCE Legal Studies Question Thread
Post by: Tobias Funke on August 10, 2011, 08:14:38 pm
One thing I really need to clear up,

what is judicial determination and how does it differ from the court resolution process?

Also, in arbitration, are there rules on evidence and procedure? or is it still as informal and flexible in it's nature as mediation?
Title: Re: VCE Legal Studies Question Thread
Post by: onur369 on August 10, 2011, 08:22:36 pm
Judicial determination involves the parties to the case presenting arguments and evidence to a judicial officer whom is generally a judge, who makes a legally binding decision about the outcome of the case.
Title: Re: VCE Legal Studies Question Thread
Post by: waldo777 on August 10, 2011, 09:59:51 pm
Does judicial determination include arbitration? I have heard differing viewpoints!
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 10, 2011, 10:02:12 pm
Does judicial determination include arbitration? I have heard differing viewpoints!
hmm interesting question
arbitration is a hearing the magistrates court, but im fairly sure it doesnt count as judicial determination.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 10, 2011, 10:09:45 pm
Also, in arbitration, are there rules on evidence and procedure? or is it still as informal and flexible in it's nature as mediation?

No. There are no rules of evidence or procedure in arbitration. The only thing that differs is that the judge (the impartial third party) hears both parties' views/arguments and reaches a decision on behalf of the parties which is legally-binding, as opposed to the other ADRs.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on August 10, 2011, 11:04:16 pm
Legal Representation is also discouraged in Arbitration
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on August 11, 2011, 11:16:11 pm
Are you guys studying the process of Committal hearings and also criminal procedure even though it is not stated in the study design?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 12, 2011, 06:43:14 pm
Are you guys studying the process of Committal hearings and also criminal procedure even though it is not stated in the study design?

Yes, we are (cltf and I).
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on August 12, 2011, 10:42:08 pm
Anyone want to give me a summary of committal mention, committal hearing and direction hearing in brief? The way the textbook explains it is so convoluted. :S
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 12, 2011, 10:50:02 pm
Anyone want to give me a summary of committal mention, committal hearing and direction hearing in brief? The way the textbook explains it is so convoluted. :S

Committal mention hearings deal with cases where the defendant has pleaded guilty to the charge. And hence subsequently, the case will be heard in a higher court for the offender to be sentenced. A normal committal hearing is used to determine whether there is sufficient evidence for a judge (and a jury) to convict the accused; prima facie case, in other words. A directions hearing is designed to identify the main issues of a case. Directions hearings have been introduced to reduce delays and costs associated with hearing indictable offences.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on August 13, 2011, 11:07:40 am
What is a Special Mention hearing??

thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 13, 2011, 06:30:15 pm
What is a Special Mention hearing??

thanks :)

A special mention hearing is similar to a committal mention hearing from my understanding; if the accused pleads guilty to all charges the magistrate can send him or her to sentencing or a trial in the County Court or Supreme Court. The difference between a committal mention and special mention hearing is that a committal mention hearing can involve a wider range of things. In a committal mention hearing, a normal committal hearing may be conducted as can a summary hearing - to determine whether the offence(s) can be heard summarily - whereas in a special mention hearing, this doesn't occur.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on August 13, 2011, 09:44:01 pm
Quick question - when a question asks you to evaluate the effectiveness of the adversary system of trial, do we refer specifically to some of the elements of a legal system (and discuss whether these elements are fulfilled) OR just go with strengths/weaknesses? Thanks :P
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 13, 2011, 09:55:31 pm
Quick question - when a question asks you to evaluate the effectiveness of the adversary system of trial, do we refer specifically to some of the elements of a legal system (and discuss whether these elements are fulfilled) OR just go with strengths/weaknesses? Thanks :P

Both? Try to incorporate elements of an effective legal system into your strengths. For example, the strict rules of evidence and procedure in the adversary system of trial ensure a fair and unbiased hearing, which both parties have to adhere to.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on August 14, 2011, 11:35:08 am
Thanks EPL.:P

Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on August 14, 2011, 12:16:49 pm
Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

You don't have to know the strengths and weaknesses of the Inquisitorial system, just the elements/ features of it. However, what you do need to know is features in the inquisitorial that could be applied into the Adversary system, to further improve it and why.
Title: Re: VCE Legal Studies Question Thread
Post by: cranberry on August 14, 2011, 04:48:24 pm
judicial determination = adversary system of trial = the courts.

arbitration is a win/lose scenario, which has less formal procedure than courts, whereby both sides' arguments/evidence/witnesses are heard by the arbitrator who decides the winner.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 14, 2011, 05:25:54 pm
Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

You don't have to know the strengths and weaknesses of the Inquisitorial system, just the elements/ features of it. However, what you do need to know is features in the inquisitorial that could be applied into the Adversary system, to further improve it and why.

To add to what cltf said, you would more likely be asked to compare the two systems of trial; showing the differing contrasts between the two systems (i.e. their specific features). In other words, a comparative analysis. For example, how the role of the judge differs in each system of trial. What I've attached may help you.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 15, 2011, 03:50:39 pm
do we need to know all the specialist court divisions of the magistrates' court?

is knowing one sufficient? It isn't explicilty mentioned in the study design that we need to know the divisions, it just says jurisdictions of the magistrates' court, so im a little confused.

i'd take the time to learn them, but the word 'koori' really annoys me.

also, do we only need to know jurisdictions of state courts, or do we need to know about the high court as well?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 15, 2011, 05:19:44 pm
do we need to know all the specialist court divisions of the magistrates' court?

is knowing one sufficient? It isn't explicilty mentioned in the study design that we need to know the divisions, it just says jurisdictions of the magistrates' court, so im a little confused.

i'd take the time to learn them, but the word 'koori' really annoys me.

also, do we only need to know jurisdictions of state courts, or do we need to know about the high court as well?

Yes. Know at least one specialist court of the Magistrates' Court. Also on this point, note; the Family and Children's Court are technically NOT specialist courts of the Magistrates' Court. I lost marks for writing this on my SAC. They are just specialist courts. To be sure, the Drug and Koori Court are definitively specialist courts of the Magistrates' Court. To your second question, yes I would assume so. Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on August 17, 2011, 05:31:12 pm
What are some strengths and weaknesses of a pre-trial/trial procedures that help fair trial?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 17, 2011, 07:42:04 pm
1. in what way are the burden of proof and the standard of proof essential elements of the adversary system? really dont get how to answer this..
2. why are the rules of evidence necessary for the adversary system to operate?
3. Why are some types of evidence privileged?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 17, 2011, 08:06:23 pm
1. in what way are the burden of proof and the standard of proof essential elements of the adversary system? really dont get how to answer this..
2. why are the rules of evidence necessary for the adversary system to operate?
3. Why are some types of evidence privileged?

1. It ensures a fair and unbiased hearing, where the accused is innocent until proven guilty. It provides a level/platform for which the prosecution has to prove the accused committed the crime(s) beyond all reasonable doubt (I'm assuming this is talking about criminal procedure).
2. It ensures a fair and unbiased hearing for the accused; that the accused can only be tried for what he/she has been charged with, not what has happened in the past. Generally hearsay evidence is not admissible for this reason, and propensity evidence can generally only be heard after the accused has been found guilty, when sentencing. This is a key element of an effective legal system; that individuals are given a fair and unbiased hearing.
3. Not exactly sure. Possibly, because it may assist the judge (and or jury) to reach a decision.
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on August 17, 2011, 08:20:43 pm
Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

Hmm.. I don't think this would be necessary - if something's not on the study design, you can just read over it as it won't be examinable through any SACs or exams.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 17, 2011, 08:50:02 pm
Though to be safe, learn the jurisdiction of the High Court. However unlikely, it may still be asked on a SAC or the exam.

Hmm.. I don't think this would be necessary - if something's not on the study design, you can just read over it as it won't be examinable through any SACs or exams.

Not so sure about SACs. I remember having a question relating to the High Court on a SAC. I don't think my school exactly follows the study design to "the letter of the law" per se, since we've had a number of questions on SACs which otherwise the study design didn't mention in that specific AOS. May be dependent on the school I presume. In any case, my take on Legal Studies is to cover anything, because you can never be 100% sure with the sorts of questions VCAA can put on the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on August 18, 2011, 08:53:20 pm
im confused this year design on the inquisitorial trial, instead of the same features like the adversary, it has reliance on a legal code, rules to exclude exvidence etc. as the main features, do i need to know role of the parties, burdon of proof aswell ?? and my book has no strengths and weaknesses of the inquisitorial, does that mean we dont need to know?
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on August 18, 2011, 08:54:36 pm
oh and do we need to know another country's inquisitorial system like Germany?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 18, 2011, 08:57:55 pm
oh and do we need to know another country's inquisitorial system like Germany?
im fairly sure the inquisitorial system is basically an idea/way of doing something, so it doesnt change from country to country. think of it like, democracy. In australia we have to vote our leaders, and democracy in america, we also have to vote our leaders. basically same jiff with inquis
i did although finish the chapter/coursework on adversary vs inquis, and no other countries were mentioned anyway
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on August 18, 2011, 08:59:54 pm
alright cheers, im using making and breaking the law and it contains Germany's trial and teacher said i needed to know it :S, maybe its just for the SAC. What about the key features and strengths and weaknesses? what are they in your book and is there any strength and weaknesses?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 18, 2011, 09:06:30 pm
alright cheers, im using making and breaking the law and it contains Germany's trial and teacher said i needed to know it :S, maybe its just for the SAC. What about the key features and strengths and weaknesses? what are they in your book and is there any strength and weaknesses?
I use justice and outcomes, although i just had a quick read of your book.
it's the same as any othe inquisitorial system, they've just used Germany as an example.
For instance, you will not get a question saying 'what is the difference between the inquisitorial system in Germany, and in France'.
What you may be asked is, "evaluate the inquisitorial system, used in Germany, against the adversarial system of trial, used in australia'' or "does australia ever use the inquisitorial system of trial?'' - to which your answer is, "yes, the coroner's court is an example of this...."

edit: This is actually a two part question;
a) does anyone else despise justice and outcomes?
b) would you recommend me an alternate textbook   ;D?

- How are committal proceedings usually conducted?
- Describe two possible outcomes from a committal mention hearing.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 23, 2011, 09:43:23 pm
edit: This is actually a two part question;
a) does anyone else despise justice and outcomes?
b) would you recommend me an alternate textbook   ;D?

A) At least it's better than the 'Key Concepts' textbook in my opinion. The only thing I *despise* perhaps is that sometimes it goes into too much detail in certain parts - which isn't on the course.
B) I would try the 'Making and Breaking the Law' textbook for detailed info relating to AOS 2 (Unit 4).

I answered your other two questions on FB message.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on August 27, 2011, 02:04:31 am
Anyone studying for Aos2 yet? If so, got any smart study tips for studying the FAT evaluation (fairness, access, timely) for CRIMINAL, CIVIL and ADVERSARY besides rote learning it to death? Because I feel really sorry for my brain.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on August 27, 2011, 07:54:41 pm
does unit four require cases as examples? all i can think of for examples are statistics really....
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 27, 2011, 08:32:39 pm
does unit four require cases as examples? all i can think of for examples are statistics really....

I don't think the question is whether "Unit 4 requires cases as examples?" - it's more-so "are there even any cases in Unit 4?!" I don't think you need to know any cases for Unit 4, seeing as it's not mentioned in the study design nor in any of the textbooks.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on August 27, 2011, 08:33:28 pm
does unit four require cases as examples? all i can think of for examples are statistics really....

I don't think the question is whether "Unit 4 requires cases as examples?" - it's more-so "are there even any cases in Unit 4?!" I don't think you need to know any cases for Unit 4, seeing as it's not mentioned in the study design nor in any of the textbooks.

mmmmm. J&O has so many examples at the end of everything I just wasn't sure :)
Title: Re: VCE Legal Studies Question Thread
Post by: cranberry on August 28, 2011, 02:24:28 pm
No examples so far for us, just the few acts (sentencing act, bail act, road safety act...)
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on August 29, 2011, 04:40:29 pm
can someone please clear this up for me: who determines the remedy in a civil case? is it the jury or judge if theres a jury?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 29, 2011, 04:49:18 pm
can someone please clear this up for me: who determines the remedy in a civil case? is it the jury or judge if theres a jury?

Depends on the remedy. The jury will award damages such as specific, general damages in a civil case. The judge will decide the other remedies such as order of specific performance and restitution.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 29, 2011, 04:58:16 pm
i have a question in regards to sanctions.
study design says • an overview of three types of sanctions and their specific purpose
are these three sanctions 'imprisonment, fines and CBOs' or 'adjournment, fines and CBOs' or something else?
also, do we need to know about 'deferred sentencing', youth justice orders and suspended sentences? or is that all irrelevant?

edit: actually nevermind, according to A+ notes, it can be any three. ill stick to imprisonment, fines and CBOs since i already know them :)
Title: Re: VCE Legal Studies Question Thread
Post by: cranberry on August 29, 2011, 05:25:36 pm
i have a question in regards to sanctions.
study design says • an overview of three types of sanctions and their specific purpose
are these three sanctions 'imprisonment, fines and CBOs' or 'adjournment, fines and CBOs' or something else?
also, do we need to know about 'deferred sentencing', youth justice orders and suspended sentences? or is that all irrelevant?

edit: actually nevermind, according to A+ notes, it can be any three. ill stick to imprisonment, fines and CBOs since i already know them :)

Was abit worried today when adjournment wasn't in the 4 sanctions we could describe on our sac today!...luckily we only had to describe two of the four, so imprisonment and fines it was! PHEW>>>....
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on August 29, 2011, 06:08:37 pm
legal studies is so much less daunting when you stick to the study design. :D
course should be finished in 3 days :D
then revision :D
:D
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 04, 2011, 10:50:51 pm
tear apart the constitution aos. the questions they can ask on that are by far the hardest possible (closely followed by effectiveness of the legal system when worded awkwardly). the reason is a lot of the questions have different answers depending who you ask. for example a critical evaluation of the constitution in protecting h&d rights is given a different answer in vcaa assessment reports than most textbooks explain.

i did the subject last year, and even though the course has been tweaked, the fundamentals are the same. the constitution is the hardest part, even though you might not have gotten that when actually studying it (that's why you need to tear it apart because theres a lot more they can ask than you might first think)
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on September 04, 2011, 11:11:16 pm
tear apart the constitution

 :o :o But I'll go to jail! :'(

lol sorry just felt like saying something stupid  :P
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 05, 2011, 06:27:13 pm
lol weird, i made that exact same joke when my teacher said it to me!
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on September 07, 2011, 03:12:29 pm
I've got a question for 10 marks that says "The adversary trial is faultless and cannot be improved, discuss this statement and indicate to to the extent to which your agree?" i assume im gonna be mentioning strnegths and weaknesses of all five features then on the same paper i have a question for 8 marks thats says "the adversary is not perfect and could be improved" discuss wheather you agree and list two possible improvements"? how would i tackle that , would that just be mentioning the weaknesses with 2 improvements? and also another question im having problems with is for 10 marks "The adversary trial been used for criminal cases provides for a effective legal ssytem discuss if you agree and include 2 elements of a effective legal system"? how would i tackle that? any help?
Title: Re: VCE Legal Studies Question Thread
Post by: MJRomeo81 on September 07, 2011, 04:11:09 pm
It's strange that you have both of these questions on the same paper.

I've got a question for 10 marks that says "The adversary trial is faultless and cannot be improved, discuss this statement and indicate to to the extent to which your agree?"
As you said, you will want to discuss strengths and weaknesses. I was going to say mention reforms, but your next question kinda covers it...

then on the same paper i have a question for 8 marks thats says "the adversary is not perfect and could be improved" discuss wheather you agree and list two possible improvements"?
Yep here you're agreeing by stating weaknesses and discussing several reforms that can enhance the effectiveness of the adversary system. The textbook Justice and Outcomes has a sub-chapter on reforms.

and also another question im having problems with is for 10 marks "The adversary trial been used for criminal cases provides for a effective legal ssytem discuss if you agree and include 2 elements of a effective legal system"?
Effective legal system =
1: Entitlement to a fair and unbiased hearing
2: Effective access to the legal system
3: Timely resolution of disputes

So here we are agreeing with the question and out of the three elements above, select two. The key words in this question are "criminal cases". I would be discussing committal hearings and how direct indictment speeds up cases (for a timely resolution). You can also say that the purpose of a committal hearing speeds things up (since the process determines if the case is a prima facie case, that is, whether the evidence is sufficient to support a conviction by jury at trial).
Title: Re: VCE Legal Studies Question Thread
Post by: hotdog169 on September 07, 2011, 06:40:14 pm
thanks MJRomeo81, back to the second question it tells me to mention two possible reforms, so would i assume a weakness and a reform to that would be 4 marks another weakness (in detail of course) plus its improvement could be another 4 (e.g weaknesses of role of the judge then the improvement to that is increasing the role of the judge) ?
Title: Re: VCE Legal Studies Question Thread
Post by: MJRomeo81 on September 07, 2011, 07:05:43 pm
 The question says two possible reforms, so by that logic and marking scheme I'd do exactly as you said. As long as you discuss the weaknesses in great depth you should be fine.

It is a tricky question so take your time with it.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 07, 2011, 08:19:32 pm
make sure your reform matches up with the weakness. i know it sounds silly, but most people just chose any weakness and any reform. it needs to be a reform for that weakness.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on September 24, 2011, 10:34:58 pm
Question. It relates to the Insight 2009 exam.

'Explain the role of the jury in a criminal trial and assess the extent to which juries help contribute to the effective operation of the legal system, by making reference to two of the elements of an effective legal system.' (8 marks)

The bit in bold is confusing me quite a bit. I know one point/argument that I can link to 'fair and unbiased hearing' (that is, they provide for a cross-section of the community etc.), but I can't seem to find another element to link to (with a strong argument for). If I've interpreted the question correctly, it's asking for what two elements can be linked to juries in which they contribute to an effective legal system. I'm finding this question to be quite ambiguous; hence any help would be greatly appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on September 25, 2011, 12:05:39 am
Question. It relates to the Insight 2009 exam.

'Explain the role of the jury in a criminal trial and assess the extent to which juries help contribute to the effective operation of the legal system, by making reference to two of the elements of an effective legal system.' (8 marks)

The bit in bold is confusing me quite a bit. I know one point/argument that I can link to 'fair and unbiased hearing' (that is, they provide for a cross-section of the community etc.), but I can't seem to find another element to link to (with a strong argument for). If I've interpreted the question correctly, it's asking for what two elements can be linked to juries in which they contribute to an effective legal system. I'm finding this question to be quite ambiguous; hence any help would be greatly appreciated.

this is a good question, and very likely as it covers multiple areas of the of the course and gives people the opportunity to boast knowledge. now this question is from the previous study design, where you were taught 4 elements of an efffective legal system (the 4th being the reflection of prevailing social values and basic human rights). this 4th element was taken out because there were only a few things that related to it, the main thing being the jury system. so now that it doesnt exist according to the study design, you can't use that one, which is what the question would have been looking for (along with fair and unbiased hearing).
in actual fact, the jury system generally hinders the other elements for various reasons. For example, the fact that evidence must be explained comprehensively to jurors in the simplest manner means that the timely resolution of disputes is impeded.
However, you could talk about how the jury provides effective mechanisms of access through this, because evidence (and the trial as a whole for that matter) is conducted in a people-friendly, comprehensible, intelligible way, which allows the average individual to access the law as one with no legal background can readily understand what is happening. With no jury, there would likely be excessive amounts of complex evidence, legal jargon, and confusing arguments presented.

another point for fair and unbiased hearing is that the the prejudice of a single juror is counterbalanced by the remainder of the jury panel. thus, the ideas spawned from without the trial are not given the opportunity to blossom or influence the legal fate of the defendant. in effect, this ensure a fair and unbiased hearing.

also, you could talk about, like you said, the fact that one's getting tried by their peers - people with the same legal standing - safeguards fairness in that the biases that may be associated with legal professionals are absent in the jury panel. This is ensured by the various exemptions that prevent certain people from being placed on a jury (if you need to fill space, you can explain this in a little more detail...but not too much ;) )

hope this helps

Title: Re: VCE Legal Studies Question Thread
Post by: StephenBM on September 29, 2011, 01:42:26 pm
Need some help with the following, wasn't in any of my text books.

Strengths and weaknesses of the VLRC in assessing the need for a change in the law?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: Cappuccinos on September 29, 2011, 02:12:37 pm
Need some help with the following, wasn't in any of my text books.

Strengths and weaknesses of the VLRC in assessing the need for a change in the law?

Thanks!

Are you using Key Concepts in Legal Studies? Hahah

Anyway here's a page from Justice and Outcomes (see attached) :)

Title: Re: VCE Legal Studies Question Thread
Post by: StephenBM on September 29, 2011, 02:33:38 pm
Hahaha

Thanks for mocking...and the help!!
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 02, 2011, 06:07:58 pm
Hi
Doctrine of precedent is confusing me.. does disapproving only exist for lower courts or can higher courts disapprove a lower court? Because what's the point of a higher court disapproving when they could just overrule? Also can disapproving set a precedent? (In A+ notes or somewhere I read that it could, but in some places it says it's only ever binding or obiter dictum)
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 02, 2011, 06:41:11 pm
Hi
Doctrine of precedent is confusing me.. does disapproving only exist for lower courts or can higher courts disapprove a lower court? Because what's the point of a higher court disapproving when they could just overrule? Also can disapproving set a precedent? (In A+ notes or somewhere I read that it could, but in some places it says it's only ever binding or obiter dictum)
Thanks

Disapproving only exists for lower courts. For example, the Magistrates' Court can disapprove a precedent set in the Victorian Supreme Court - but are still bound to follow it. Disapproving does not create a new precedent. However, the disapproving comments which are made in the obiter dictum, can result in the change in the law (i.e. Trigwell case).
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 03, 2011, 06:57:58 pm
Hi
Doctrine of precedent is confusing me.. does disapproving only exist for lower courts or can higher courts disapprove a lower court? Because what's the point of a higher court disapproving when they could just overrule? Also can disapproving set a precedent? (In A+ notes or somewhere I read that it could, but in some places it says it's only ever binding or obiter dictum)
Thanks

this is a bit of an ambiguous area as different resources (as you've found) say different things. i remember having the same problem. after talking to many people in the legal profession, i concluded that any court can disapprove (from Magistrate's Court, to the High Court) Generally it is only inferior courts that disapprove precedents which they are bound to, however the High Court can disprove legislation, which Parliament can then take into account.
also, it's not 'the obiter dictum' it's either "comments made in passing obiter" or "comments made in obiter dictum" (just to show examiners you know what the word means, not just the legal use of it for that extra bit of easiness when they mark you exam)
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 03, 2011, 11:08:08 pm
Thanks for the clarification - also guys I really need clarification on this too
One of my strengths for VCAT is the existence of a binding decision
However i'm aware VCAT facilitates a variety of ADR, of which some is not binding such as mediation. But in the a+ notes it says 'decisions made by vcat members' is a form of Judicial determination.. but isn't judicial determination binding which means mediation wouldn't be binding if done by a vcat member?
So are all VCAT's decisions binding or only arbitration in vcat?
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 03, 2011, 11:21:48 pm
Thanks for the clarification - also guys I really need clarification on this too
One of my strengths for VCAT is the existence of a binding decision
However i'm aware VCAT facilitates a variety of ADR, of which some is not binding such as mediation. But in the a+ notes it says 'decisions made by vcat members' is a form of Judicial determination.. but isn't judicial determination binding which means mediation wouldn't be binding if done by a vcat member?
So are all VCAT's decisions binding or only arbitration in vcat?

it's only arbitration which is binding.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 04, 2011, 12:49:47 am
Thanks for the clarification - also guys I really need clarification on this too
One of my strengths for VCAT is the existence of a binding decision
However i'm aware VCAT facilitates a variety of ADR, of which some is not binding such as mediation. But in the a+ notes it says 'decisions made by vcat members' is a form of Judicial determination.. but isn't judicial determination binding which means mediation wouldn't be binding if done by a vcat member?
So are all VCAT's decisions binding or only arbitration in vcat?


judicial determination is referring to arbitration. VCAT mainly uses arbitration to settle the more serious disputes, and so the decision is binding in those cases. however when mediation/negotiation/conciliation can be employed, they are, and in those instances, the decision (as you know) is not binding. So VCAT does a number of things, you can't say all are binding or all aren't - it's both.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 10:18:15 am
Thanks
So ultimately - am I allowed to just use my knowledge of strengths and weaknesses from ADR methods such as mediation to evaluate VCAT or do they want emphasis on arbitration?
Like for example a strength would be lack of strick rules of procedure.. a weakness to this would be unsuitable for parties with imbalanced power in methods such as mediation when there's negotiation?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 10:58:52 am
Thanks
So ultimately - am I allowed to just use my knowledge of strengths and weaknesses from ADR methods such as mediation to evaluate VCAT or do they want emphasis on arbitration?
Like for example a strength would be lack of strick rules of procedure.. a weakness to this would be unsuitable for parties with imbalanced power in methods such as mediation when there's negotiation?

Yes. The example you've given is acceptable. A strength of VCAT is that it provides for an informal atmosphere as the strict rules of evidence and procedure are loosened etc.; however a corresponding weakness is that one party may dominate the other party - leading to an unjust outcome, because the other party may compromise too much. Make sure you explain it in sufficient detail to get the marks. When discussing strengths/weaknesses of VCAT you can refer to mediation/conciliation/arbitration.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 04, 2011, 11:44:46 am
Thanks
So ultimately - am I allowed to just use my knowledge of strengths and weaknesses from ADR methods such as mediation to evaluate VCAT or do they want emphasis on arbitration?
Like for example a strength would be lack of strick rules of procedure.. a weakness to this would be unsuitable for parties with imbalanced power in methods such as mediation when there's negotiation?


Yeah, what you need to do is just think about it as a real life situation. if you think something would be a strength in real life, explain in what circumstance and why it is advantageous.
for example, tribunals such as VCAT are often much cheaper than other forms of dispute resolution, such as litigation. This is because legal representation is generally not used, and so a range of people are able to gain access to this mechanism of achieving justice (linking it to an effective legal system which is always good for unit 4 evaluations). HOWEVER (the big however is what makes it an evaluation), sometimes in more complex cases, the cost of tribunal settlement can become very expensive if the case goes on for a long period, particularly if evidence needs to be gathered. (to make it a critical evaluation -which you should always do even if it asks for just an evaluation) While this diminishes the financial effectiveness of VCAT, it is overshadowed by the comparative difference to the cost of litigation. (and here's the concluding statement) As such, VCAT is overall effective as a dispute settlement body, because  it is more financially viable for many cases than court settlement.

Textbooks don't set the strengths and weaknesses up like that (A+ notes comes close but still not quite), so you need to take the txtbook info as just a pool of information and mix and match whatever you see as sensibly fit.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 04, 2011, 12:03:03 pm
judicial determination is referring to arbitration. VCAT mainly uses arbitration to settle the more serious disputes, and so the decision is binding in those cases. however when mediation/negotiation/conciliation can be employed, they are, and in those instances, the decision (as you know) is not binding. So VCAT does a number of things, you can't say all are binding or all aren't - it's both.
I thought judicial determination was just taking to a matter to court / and was different from arbitration?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 12:14:24 pm
judicial determination is referring to arbitration. VCAT mainly uses arbitration to settle the more serious disputes, and so the decision is binding in those cases. however when mediation/negotiation/conciliation can be employed, they are, and in those instances, the decision (as you know) is not binding. So VCAT does a number of things, you can't say all are binding or all aren't - it's both.
I thought judicial determination was just taking to a matter to court / and was different from arbitration?

They are different. Judicial determination is as you say, taking a matter to court. Arbitration is used as a last-resort method in VCAT, when mediation/conciliation etc. hasn't worked. The only real difference between the two methods is the issue of costs. Generally, using judicial determination is significantly more expensive than going through arbitration (VCAT).
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 12:31:56 pm
So I could say a corresponding weakness to costs for VCAT is the fact that mediation could fail and increase costs if arbitration is used; which could involve a party bringing legal rep which forces the other to bring legal rep too?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 12:51:15 pm
So I could say a corresponding weakness to costs for VCAT is the fact that mediation could fail and increase costs if arbitration is used; which could involve a party bringing legal rep which forces the other to bring legal rep too?

Yes. With mediation/conciliation, there may be a lack of finality - as the outcome of the two ADRs are not legally-binding. Keep in mind that there is a right to appeal from VCAT (to the Victorian Supreme Court), or to the Court of Appeal if it's from the president/vice-president of VCAT. And that only increases time and costs for the parties.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 01:32:45 pm
Also when describing a referendum for example the 1967 aboriginal one.. must I include section numbers or is a description suffice? I've read past reports and they seem to note that numbers etc. aren't necessary for a top response
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 04, 2011, 04:41:40 pm
Also when describing a referendum for example the 1967 aboriginal one.. must I include section numbers or is a description suffice? I've read past reports and they seem to note that numbers etc. aren't necessary for a top response

No, you don’t have to. If you can clearly explain what the 1967 referendum was and its’ effect; then that is enough. Quoting correct sections of the Constitution shows a greater depth of knowledge, but that’s really it. You don’t get any more marks for quoting the correct section than an answer which explains everything succinctly.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 04, 2011, 06:19:14 pm
Also when describing a referendum for example the 1967 aboriginal one.. must I include section numbers or is a description suffice? I've read past reports and they seem to note that numbers etc. aren't necessary for a top response


No, you don’t have to. If you can clearly explain what the 1967 referendum was and its’ effect; then that is enough. Quoting correct sections of the Constitution shows a greater depth of knowledge, but that’s really it. You don’t get any more marks for quoting the correct section than an answer which explains everything succinctly.

you never need to actually quote the constitution (that would be unreasonable) you can just paraphrase. that's when your referring to a particular case.
you do however need to know the sections and sub sections for specific constitutional cases mentioned in the study design, for example how interpretation has changed the division of powers, s109, s128, the sections that restrict the cth, the referral power section (cant remember it off the top of my head) and any others where the actual section is what the question is about, not just an example .
so i think you should make the effort to remember them. when you have memorised them (after a little rote work), i think it helps remember things anyway because you can associate a single number to a big chunk of information
Title: Re: VCE Legal Studies Question Thread
Post by: whitecatdisguised on October 04, 2011, 08:46:25 pm
What's the relationship that exists between the Upper house and Lower house of both the Commonwealth/Victorian Parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 04, 2011, 09:05:52 pm
Bills from the lower house pass to the upper house, the upper house acts as a house of review and can reject the bill
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 05, 2011, 09:24:02 pm
Just for info can soemone explain to me what happens if a commital hearing determines there's insufficient evidence to proceed?
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 06, 2011, 12:51:09 am
Just for info can soemone explain to me what happens if a commital hearing determines there's insufficient evidence to proceed?

one of 2 things:
a)  the prosecution goes and gathers more evidence until they have a prima facie case (sufficient evidence for conviction)
b) the charge is dropped

depends on the type of crime. only less serious ones get dropped
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 06, 2011, 12:52:43 am
Bills from the lower house pass to the upper house, the upper house acts as a house of review and can reject the bill

it's not always senate reviewing  the house. make sure you write 'usually' when you write that
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on October 08, 2011, 07:18:47 pm
Hi guys/girls,

I'm sure this has been posted PLENTY of times but I'm still unsure.

What exactly IS judicial determination?

Is it a form of ADR or is it actual court resolution (taking a civil matter to court)?

I really do need a full explanation of it because there's been so many different responses from so many sources that I have read. There's also an extremely confusing flowchart in my textbook (Key Concepts in VCE Legal Studies) that shows judicial determination being used in criminal disputes, when above it, it clearly states that it can only be used in civil disputes.

I'M SO CONFUSED!
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 08, 2011, 08:54:02 pm
Hi guys/girls,

I'm sure this has been posted PLENTY of times but I'm still unsure.

What exactly IS judicial determination?

Is it a form of ADR or is it actual court resolution (taking a civil matter to court)?

I really do need a full explanation of it because there's been so many different responses from so many sources that I have read. There's also an extremely confusing flowchart in my textbook (Key Concepts in VCE Legal Studies) that shows judicial determination being used in criminal disputes, when above it, it clearly states that it can only be used in civil disputes.

I'M SO CONFUSED!

as i understand it, judicial determination is VCAA's way of saying court resolution.  It only refers to civil disputes, NOT criminal. My reasons for saying this come from the study design. If you type in judicial determination in the search bar in the study design's pdf, in the unit 2 section it explicitly states that it's for civil disputes only. I think they just assume that people carry on from that to unit 4. Also, the fact that in the dot point on your study design, it says 'dispute resolution methods used by the courts and VCAT'. it wouldn't say 'and VCAT' if it was referring to criminal as well. They seemed to have clumped it all together, which implies theyre talking about the common cases between VCAT and the courts.
It's not a form of ADR, because i believe the study design has discarded that term, but even if it hadn't, judicial determination would be the DR without the A if you get what i mean. conciliation, mediation, arbitration are the alternatives to it..but judicial determination itself is not an alternative, it's the actual thing (sorry if this is unclear)

If you're saying that every resource has something different, i don't think VCAA will include a question on it until the books are amended, so don't stress too much. but just for your own peace of mind, it's only civil, and it's not ADR, it's the main means of dispute resolution through the courts, and can be used in VCAT when it's the president (who is part of the judiciary) who is hearing the case.

hope this helps!
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on October 08, 2011, 10:21:56 pm
So is jury use possible in judicial determination?

If I decided to take my civil dispute that was worth $80,000 straight to the Magistrates' Court, instead of going through VCAT, would this be judicial determination OR would it be court resolution?

What would the strengths and weaknesses of judicial determination be? Would it just be a comparison between VCAT and NORMAL court resolution (VCAT is less costly than court resolution) or would it have its own separate strengths and weaknesses (JD is cheaper than traditional court resolution but more expensive than ADR provided by VCAT - is it?)? My textbook definitely has no clear analysis of judicial determination.

The question I'm referring to is from the sample questions published by VCAA.

"Explain one strength and one weakness of judicial determination as a method of dispute resolution."




Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 09, 2011, 01:00:20 am
So is jury use possible in judicial determination?

If I decided to take my civil dispute that was worth $80,000 straight to the Magistrates' Court, instead of going through VCAT, would this be judicial determination OR would it be court resolution?

What would the strengths and weaknesses of judicial determination be? Would it just be a comparison between VCAT and NORMAL court resolution (VCAT is less costly than court resolution) or would it have its own separate strengths and weaknesses (JD is cheaper than traditional court resolution but more expensive than ADR provided by VCAT - is it?)? My textbook definitely has no clear analysis of judicial determination.

The question I'm referring to is from the sample questions published by VCAA.

"Explain one strength and one weakness of judicial determination as a method of dispute resolution."






Yes to jury. JD refers to the court resolution process as a whole. Think of it as synonymous with court resolution

 If you're asked for an evaluation (or strength/weakness which is slightly easier to do) of JD only, like that VCAA question, then these strengths/weaknesses would be ones purely of the courts (which would of course include some of the adversary system ones). for example: strict rules of procedure ensure fairness as no party can hold greater weight than another during  the resolution process (you fluff it up to make it sound nicer); the strict rules of evidence ensure fairness by prohibiting evidence that might be flawed from influencing resolutions. Weaknesses you could talk about costs (used as an umbrella term for financial, time, emotional/psychological cost), no win/win resolution obtained and so animosity is likely to be created, rules of evidence mean some crucial evidence may not be brought to the fore.

if you look at a past textbook called Making and Breaking the Law (purple cover), they have a nice little table of this in the later chapters (it's light blue -to make looking a bit easier)  that summarizes strengths and weaknesses of court resolution (which you can rename JD), ADR, and tribunals. work off that for your advtg./disadvtg.s

also, just so you know, a civil case worth $80 000 would not be able to go to VCAT, you don't have a choice.
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on October 10, 2011, 01:17:19 am
Thank you so much. I love you.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 10, 2011, 01:27:43 pm
question ; do we need to know what the 'residential tenancies list' is and its jurisdiction?
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 10, 2011, 04:37:13 pm
Thank you so much. I love you.

hahahaaa no worries buddy. keep the questions coming ;)
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 10, 2011, 04:47:01 pm
question ; do we need to know what the 'residential tenancies list' is and its jurisdiction?

no, I'm pretty sure that was discarded by VCAA (fortunately too! that was the one part of legal i actually hated). In the past when it's required they actually explicitly say it in the study design. They wouldn't actively take it out and still expect it to be known.
also, if they wanted jurisdictions of particular lists, they'd have to specify which, because there are very very very many!
so all this tells me no, you don't need to :)
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on October 10, 2011, 05:17:10 pm
There is an added emphasis placed on the role and functioning of VCAT in the new study design, rather than recalling copious amounts of jurisdictions for each List/Division.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 13, 2011, 03:30:49 pm
oh okay, yea i also emailed vcaa. they said:


Hi ****
 
Re: I wanted to know whether it is compulsory knowing all the lists under VCAT is required of the course? For example, under the civil lists there is the residential tenancy list....

- Unit 4 Area of study 1 requires students to know the ‘role of VCAT’ as well as the dispute resolution methods used by VCAT, the strengths and weaknesses of the methods and strengths and weaknesses of the way VCAT operates to resolve disputes.
 Of course, teachers may use the VCAT lists to explain the role and the way VCAT operates. However, the examination will not specifically ask a question about VCAT lists.

awesome
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 17, 2011, 06:04:39 pm
Hello friends.

Evaluate my evaluation please :) Pretty much made this question up, let's say 10 marks. Will do a few more.


Quote
Compare the adversary system to the inquisitorial system and through this, evaluate the effectiveness of the adversarial system of trial.

The adversary system of trial is where parties aim to win a case in front of an impartial, independent arbiter, and is the system primarily used in Australia. The inquisitorial system is an alternative system of trial where the judge leads an inquiry on a case to ensure the truth emerges.

The adversarial and inquisitorial systems of trial differ in terms of the roles of the parties. In the adversarial system, there is ‘party control’ whereby parties investigate the proceedings and facts of a case and decide which facts are to be brought before the court. The inquisitorial system does not have this in place and instead parties respond to the court. Party control can be seen as a strength of the adversarial system as it allows them to feel in control of the situation and thus responsible for the outcome of the trial. It ensures a competitive spirit and a person who has an opportunity to fight for their case is more likely to be satisfied with the outcome. However, by having parties compete a sense of animosity can arise instead of peacefully resolving an issue. Moreover, the fact that parties decide which evidence is called up means that vital evidence may not be seen as it does not necessarily aid that party’s case, even though it is relevant to the trial.

Another difference between the two systems is the role of the judge. In the adversary system, the judge must act as an impartial umpire and cannot favour either side. They ensure the rules of evidence and procedure are followed. In the inquisitorial system the judge has a more active role as they lead the inquiry and decide what evidence is to be called up. The role of the judge in the adversary system ensures that a trial is fair as they enforce the rules of evidence and procedure. However, it does not utilise a judge’s expertise to their full extent as they must remain impartial throughout proceedings. The inquisitorial system makes better use of a judge’s skills and expertise but in doing so, potentially reduces the unbiased nature of a judge and may make a trial unfair.

In the adversary system, legal representation is necessary due to the complex and competitive nature. Whilst party control dictates that individuals can decide whether or not they have representation, the rules of evidence and procedure can be confusing. The need for legal representation ensures that the parties have the opportunity to present their best possible case. The inquisitorial system does not rely on legal representation and it may even be disallowed in some circumstances. Legal representation instead plays a more advisory role as the judge leads proceedings. A weakness of legal representation is that it is highly costly and the party that can afford better and more skilled lawyers may have an advantage.

The two systems also differ in terms of rules of evidence and procedure. The adversarial system has strict rules that promote consistency and that all parties are treated alike. Similarly, the reliance on oral evidence allows mechanism to decide on the sincerity of witnesses through cross-examination. However, this can lengthen the course of a case, especially as witnesses can lead to delays. The inquisitorial system relies on written evidence and has no formal standard of proof and less stringent rules of procedure. However, unlike in the adversarial system, this cannot be cross-examined. As such, whilst the adversarial system may have greater delays through this, evidence is analysed more thoroughly and party’s rights are better enforced through the rules.

The adversarial system of trial differs from the inquisitorial system in terms of the role of the judge and parties, the rules of evidence and procedure and whether or not legal representation is necessary. The former’s rigid rules of evidence, party control, unbiased nature of judges and necessity of legal representation may lead to lengthy and costly trials, but they ensure a fair hearing.
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on October 17, 2011, 06:48:09 pm
Hello friends.

Evaluate my evaluation please :) Pretty much made this question up, let's say 10 marks. Will do a few more.


Quote
Compare the adversary system to the inquisitorial system and through this, evaluate the effectiveness of the adversarial system of trial.

The adversary system of trial is where parties aim to win a case in front of an impartial, independent arbiter, and is the system primarily used in Australia. The inquisitorial system is an alternative system of trial where the judge leads an inquiry on a case to ensure the truth emerges.

The adversarial and inquisitorial systems of trial differ in terms of the roles of the parties. In the adversarial system, there is ‘party control’ whereby parties investigate the proceedings and facts of a case and decide which facts are to be brought before the court. The inquisitorial system does not have this in place and instead parties respond to the court. Party control can be seen as a strength of the adversarial system as it allows them to feel in control of the situation and thus responsible for the outcome of the trial. It ensures a competitive spirit and a person who has an opportunity to fight for their case is more likely to be satisfied with the outcome. However, by having parties compete a sense of animosity can arise instead of peacefully resolving an issue. Moreover, the fact that parties decide which evidence is called up means that vital evidence may not be seen as it does not necessarily aid that party’s case, even though it is relevant to the trial.

Another difference between the two systems is the role of the judge. In the adversary system, the judge must act as an impartial umpire and cannot favour either side. They ensure the rules of evidence and procedure are followed. In the inquisitorial system the judge has a more active role as they lead the inquiry and decide what evidence is to be called up. The role of the judge in the adversary system ensures that a trial is fair as they enforce the rules of evidence and procedure. However, it does not utilise a judge’s expertise to their full extent as they must remain impartial throughout proceedings. The inquisitorial system makes better use of a judge’s skills and expertise but in doing so, potentially reduces the unbiased nature of a judge and may make a trial unfair.

In the adversary system, legal representation is necessary due to the complex and competitive nature. Whilst party control dictates that individuals can decide whether or not they have representation, the rules of evidence and procedure can be confusing. The need for legal representation ensures that the parties have the opportunity to present their best possible case. The inquisitorial system does not rely on legal representation and it may even be disallowed in some circumstances. Legal representation instead plays a more advisory role as the judge leads proceedings. A weakness of legal representation is that it is highly costly and the party that can afford better and more skilled lawyers may have an advantage.

The two systems also differ in terms of rules of evidence and procedure. The adversarial system has strict rules that promote consistency and that all parties are treated alike. Similarly, the reliance on oral evidence allows mechanism to decide on the sincerity of witnesses through cross-examination. However, this can lengthen the course of a case, especially as witnesses can lead to delays. The inquisitorial system relies on written evidence and has no formal standard of proof and less stringent rules of procedure. However, unlike in the adversarial system, this cannot be cross-examined. As such, whilst the adversarial system may have greater delays through this, evidence is analysed more thoroughly and party’s rights are better enforced through the rules.

The adversarial system of trial differs from the inquisitorial system in terms of the role of the judge and parties, the rules of evidence and procedure and whether or not legal representation is necessary. The former’s rigid rules of evidence, party control, unbiased nature of judges and necessity of legal representation may lead to lengthy and costly trials, but they ensure a fair hearing.

I just skimmed, it's quite good.  I'll go through thoroughly now and comment on things as i go read it:

okay, just a small fyi type thing, the extended response on the exam will be a critical evaluation, not just an evaluation.

Im going to talk about paragraphs not including intro (para 1 is the first body paragraph)

in your first paragraph, you've kind of compared, then forgotten about the inquisitorial system. The question says "through this", and even if it didn't, a question regarding both the inquis. and advers. system comparison AND evaluation implies that it's looking for an evaluation through the comparison. Don't just state a difference/similarity, then evaluate the adversary system alone. Keep coming back to the comparison. for example, at the end of the first paragraph, add a little line to it like 'this contrasts with the inquis. system of trial, where animosity is less likely as the judge mainly conducts the trial, and all evidence is considered, ensuring a greater chance of justice being served".

don't forget you need to keep coming back to whether justice can be served easily or if it's hindered, because that's the purpose of a trial (even though it's not really spoken about in textbooks) always come back to serving justice.

also just a little thing, don't use "ensures a competitive spirit" as a strength. It's not a strength. it's just something that happens and can be taken as either good or bad depending on who you are. it's not worth mentioning there are other things you can say.

end the second paragraph with something going back to adversary evaluation, like "The inquisitorial system makes better use of a judge’s skills and expertise through his/her active role. In this respect the adversary system can be seen as disadvantageous, however this aspect of the inquis trial potentially reduces the unbiased nature of a judge and may make a trial unfair - a strength of the adversary trial where fairness is strictly enforced'

third para, again, don't just compare, then forget about what you compared and just say "a  weakness of legal rep...". you've just explained something- use that to evaluate, and don't forget you're evaluating the adversary system, not legal representation.  fixing this is as simple as saying, instead of "a weakness of legal rep...", maybe "this is a weakness of the advers system because legal rep is costly etc..."

your 4th paragraph only has one flaw i can see - after the word "cross-examination", you should include  some reference to the effectiveness, like "... -a great strength of the system". then "however, this strength is somewhat diminished as it can lengthen..."

you're conclusion is redundant. it is a waste. unlike english, you don't have to summarise what you said.  a much much better way to end is to focus on the evaluation side of it. a short 1-2 sentences after the first fraction of what you already have about them being different (just before you get into how - "..in terms of..") instead of the bit including and following "in terms of...", start a new sentence and make a conclusive statement about how "while the adversary system is flawed, and while these flaws are often strong points of the inquis system, the adversarial trial is still ultimately effective, as it's strengths overshadow its limitations"


i'd give it about a 7 or so. you're content is all there, you just need to reword things to answer the question more explicitly. and remember, any question where there's explain/define/list  AND evaluate, the main part of it is the evaluate.
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 17, 2011, 06:54:47 pm
Brilliant, you are correct. Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 18, 2011, 09:00:10 pm
What is the difference between overruling and reversing? I'm not quite sure of the difference, it seems a little ambiguous to me
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 18, 2011, 09:04:27 pm
What is the difference between overruling and reversing? I'm not quite sure of the difference, it seems a little ambiguous to me

Reversing is with appeals and the DoP.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on October 18, 2011, 09:07:38 pm
Overruling is a judge deciding that a case has a different precedent than that set in another case at a lower court.
Reversing is the same, but the in SAME case, on appeal, is ruled by a superior court that a lower court wrongly decided the decision.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 19, 2011, 12:17:08 am
Discuss why parliament retains the power to abrogate or codify law made by courts. (4 marks)


also:

‘The only effective way to influence parliament is through the Victorian Law Reform Commission.’
a.   Do you agree? In your answer, evaluate how effective demonstrations are in influencing parliament to change the law. (4 marks)

^ what aspects of that question would you discuss in your answer? (just briefly if you could)

also:
Briefly, how do juries hepl achieve effective access to the legal system?
i cant see how they in anyway increase accessibility to the legal system..
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 19, 2011, 02:12:39 pm
Alright, thought of something interesting. .
When there is disapproval of a precedent by a judge in the same court - both precedents remain intact until a judge from the higher court has to make the decision right?
But what if this disapproval Is in the high court?
Does that just mean new judges will come and go disapproving as they wish and no real precedent is made?

Edit: in regards to
judicial determination it does In actuality refer to using courts
for BOTH civil and criminal cases, not as billius has previously mentioned
Title: Re: VCE Legal Studies Question Thread
Post by: RandomEgg on October 19, 2011, 05:43:59 pm
Discuss why parliament retains the power to abrogate or codify law made by courts. (4 marks)


also:

‘The only effective way to influence parliament is through the Victorian Law Reform Commission.’
a.   Do you agree? In your answer, evaluate how effective demonstrations are in influencing parliament to change the law. (4 marks)

^ what aspects of that question would you discuss in your answer? (just briefly if you could)

also:
Briefly, how do juries hepl achieve effective access to the legal system?
i cant see how they in anyway increase accessibility to the legal system..

For the first question, I would probably talk about the supremacy of parliament.

For the second question, I would first state that I disagree with the statement, explain the other methods of influencing the law that can be effective then that leads towards discussing a strength and a weaknes of demonstrations.

In the A+ book the only feature it mentions to help achieve effective access is that in a criminal trial the cost of the jury is borne by the state (taxpayers) not the parties. Can't think of anything else though. Hope this helps.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on October 20, 2011, 06:54:25 pm
Hey guys, help would be appreciated in regards to my responses for a practice exam my teacher marked - were the lost marks justifiable? I know it's a long read, but i'd really appreciate it! Hoping to make a comeback off my crap SAC marks this year.

Explain the role of the VLRC - 1 out of 2 marks
The Victorian Law Reform Commision (VLRC) is an independant, government funded law reform body. Their role is to investigate matters referred to it by the attorney general, monitor law reform activity in Victoria and to offer suggestions to the attorney general for matters to be reffered to it.

My teacher took off a mark for not mentioning discussion papers and forums (as per her remark). Is my answer worth 1 or 2 marks?

Reccomend two ways in which a group can influence change in the law. Evaluatet the effectiveness of each of these two methods.

My response first outlined two ways - petitions and demonstrations. I briefly explained what a petition was during my evaluation of it, and did not explain what a demonstration involves  - I went straight to evaluation. As such, my response was:

Petitions - strength
Petition - weakness
Demonstrations - strength
Demonstrations - weakness

The question was worth 4 marks, I got 2 and a half out of 4 (lost marks for not talking about demonstrations. Do I have too? It doesn't say explain - only reccomend and evaluate.)

Explain the three elements that are required to ensure our legal system is effective and achieves just outcomes.

I stated all three elements (F.A.T), and a detailed explanation of each respectively. However, perhaps because I was rushed or didn't notice, they were all in a large paragraph separated by 'as well as' and commas (I know, I know...) - I got 2/3 for this response - is a mark off justifiable due to no paragraph spacing? (response was 10 lines total).

Evaluate whether the adversarial system of trial is an effective method of dispute resolution.
3/5 marks. (5 mark question for evaluating adversary system, seriously?)

The marks weren't that many for something with so much to cover, and as such rather than going over two strengths and weaknesses in great depth, I went with:

The adversary system allows for parties to initiate proceedings, gather evidence and decide on the mode of trial. As such, parties are likely to feel more satisfied with the outcome of the case, as they play a main role. However, this may lead to parties only submitting beneficial evidence, so the truth may not entirely emerge.
The use of an impartial and unbiased adjudicator ensures parties are treated fairly, and follow the strict rules of evidence and procedure. However, despite the judge's legal expertise, they remain quite passive in their role.
The use of legal representation by parties ensures parties are presented in the best possible light, and are on equal footing. However, legal representation is quite costly and parties facing financial hardship be disadvantaged.


My teacher wanted me to elaborate more, and I would have loved to if it was an 8 or 10 marker (plenty more could be said), however is my response worthy of 4 marks? Or was 3 correct?

Help would be greatly appreciated (I know my responses aren't nearly as good as most on these forums) - thank you!



Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 20, 2011, 07:24:47 pm
Well by just looking @ the adversary question, it's a little brief. I'd plump it up a little more personally. Stuff I'd add in the (brackets) to get full marks

The adversary system allows for parties to initiate proceedings, gather evidence and decide on the mode of trial. As such, parties are likely to feel more satisfied with the outcome of the case, as they play a main role. (Additionally, it upholds fairness as it ensures each party can put forward the best case to represent themselves) However, this may lead to parties only submitting beneficial evidence, so the truth may not entirely emerge. (Furthermore, this is rather dependent on the parties financial standing, as they only have themselves to boost their case as opposed to say a prosecution who can rely on police evidence and external sources.)
The use of an impartial and unbiased adjudicator ensures parties are treated fairly, and follow the strict rules of evidence and procedure (and they only rule on evidence that comes before them)  However, despite the judge's legal expertise, they remain quite passive in their role (they are unable to assist unrepresented parties which puts poorer parties at a clear disadvantage and furthermore, they cannot investigate to find the truth).
The use of legal representation by parties ensures parties are presented in the best possible light, and are on equal footing. (Legal representatives are skilled and highly regarded at their job - hence presenting a coherent and professional case. Further they allow for language impaired clients to be represented well) However, legal representation is quite costly and parties facing financial hardship be disadvantaged. (Quality is dependent on cost)

(Despite these weaknesses, the adversary system remains a solid system which advantages counterbalance it's downfalls).

Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on October 20, 2011, 07:26:07 pm
Fair enough, thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: burbs on October 20, 2011, 07:54:54 pm
Q. Evaluate the extent to which the following responses answer the questions being asked. Please highlight areas that are not addressed. xoxo.

But seriously, any pointers etc. would be sah-weet.

Quote
“Our adversary system of trial needs to be reformed and features of the inquisitorial system could be considered.”
To what extent do you agree with this statement? Give reasons for your decision.


The adversary system of trial is where two opposing parties fight in court to win a legal battle, with the judge playing the role of an independent, impartial umpire. The inquisitorial system is an alternative approach where the court is more actively involved in determining the facts and conduct of a trial.

One reform that could be made to the adversary system would be to give the judge or magistrate a greater investigative role. In the adversary system, the judge’s role is to be an impartial arbitrator and ensure the parties are treated equally, and that the rules of evidence and procedure are followed. In contrast, a judge in the inquisitorial system has an active role in defining the issues of the case and controlling the investigation, aiming to uncover the truth.  In doing so, the judge’s expertise is better utilised in comparison to the adversary system, which can be considered a weakness of the latter. Whilst giving the judge a more active role could be seen as a better use of their knowledge and experience, it risks reducing their impartialness. As a result, it is possible both parties will not be treated equally and a fair and unbiased hearing will hence not occur. As such, this reform is better suited for certain circumstances, such as in directions hearings where judges are more involved in the process.

Another possible reform would be to allow written statements and evidence. Currently, the adversary system relies on oral evidence, with strict rules of evidence and procedure protecting and guiding what is and isn’t admissible. This promotes consistency and fair treatment of both parties, with cross-examination highlighting false evidence and allowing parties to assess the sincerity of witnesses. These are all strengths of the adversary system as they complement each other so that a fair outcome is reached. However, they also increase the amount of time spent in a trial due to delays associated with witnesses and cross-examination. The adversary system could be altered to incorporate the approach used in the inquisitorial system, where evidence is mainly written, with no strict rules. Witnesses are still allowed and tell their story without interruption, instead of responding to questions as in the adversary system. Using written evidence would reduce delays in trials and aid the timely resolution of disputes. However, written evidence cannot be cross-examined and witnesses may still need to be called in to ask questions. Written evidence is therefore not suitable in higher courts, although the hand-up brief method used in committal hearings is a good use of this inquisitorial feature.

Legal representation is necessary in the adversary system due to the complex nature of rules of evidence and procedure. However, in the inquisitorial system legal representatives are less essential as the judge leads the investigation, thus legal representatives play a more advisory role. As such, the inquisitorial system tends to generally avoid the high costs associated with legal representation (costs can range between $3000 – 9000 a day in court), thus providing better access to justice as people who cannot afford representation are less disadvantaged. This weakness of the adversary system could be managed by improving the availability of legal aid. There is currently a funding cap at $12 000 for adults and $18 000 for children in family court cases, but costs are likely to exceed these in lengthy cases. Similarly, there is a $40 000 limit in superior courts for criminal cases, which is often insufficient in complex cases. Providing more aid in these circumstances would improve access to the legal system, and ensure both parties have a chance to present the best case possible and hence receive a fair and unbiased hearing.

I agree with this statement to a low extent. Whilst some changes would be beneficial, especially in the lower courts and in pre-trial procedures, majorly reforming the adversary system to incorporate features of the inquisitorial system risks reducing the unbiased and fair nature of trial this system provides. Furthermore, the strengths of the adversary system generally outweigh the limitations, and therefore major reforms are unnecessary.

Quote
Critically evaluate the extent to which the jury system contributes to an effective legal system and justify your conclusion.

An effective legal system is one which is able to provide effective access to the legal system, an entitlement to a fair and unbiased hearing and timely resolution of disputes.

A fair and unbiased hearing refers to each party in a case being treated equally before the law, and for adjudicators to be independent and unbiased. The jury system is a mechanism to ensure this element is fulfilled by allowing parties to be trialed by their peers, amongst other reasons. A jury is a cross-section of the community who is unbiased and decides on the facts of a case. Their impartialness is ensured by the fact that they are randomly selected from the community. In addition, by having certain individuals ineligible or disqualified, the system ensures that no jury member can have any connection with a case or be biased against the legal system as a result of past experiences, such as having a criminal record. Moreover, they are a buffer between the state and the individual, as the jury reaches the verdict instead of the state that prosecute the accused in a criminal case. As a result, the jury is able to be independent and impartial. However, a jury is not necessarily a cross-section of the community due to the system of challenges and the fact that some people are ineligible, disqualified or excused. Therefore, a jury isn’t a true cross-section. Furthermore, a juror may have personal biases which they cannot set aside during a case, which would not allow for a fair hearing as they won’t be deciding on the facts of a case alone. Juries may also have difficulty following and understanding a case due to complicated nature of trial and the possibility of evidence being complex, meaning the accused is not given a fair hearing on the evidence of a trial. In these ways, a fair and unbiased hearing may actually be hindered by a jury.

Effective access to the legal system refers to everyone being able to take a dispute to a court or tribunal and be able to access justice. This is accounted for by the jury system as, in criminal trials, the cost is borne by the state and not the individual themselves, meaning they are not required to pay for a jury. However, juries in civil trials are optional and the party who wishes to have one must pay. Civil juries are expensive, costing around $550 for the first day and further costs for each subsequent day. This is yet another cost individuals have to pay with other administrative fees which may dissuade parties from using a jury if they cannot afford one, denying them the right to effective access.

Timely resolution of disputes is achieved when they are resolved in a timely manner with as few delays as possible. Juries tend to increase the length of a trial as the empanelment process can take hours or days in long trials, adding time before a trial has even commenced. Throughout a trial, legal counsels and judges are required to explain legal terms and concepts and ensure the evidence is understandable for the jury. In addition, jury deliberations can take time, and in the case of a hung jury delays are exacerbated due to the fact that a case must be retried in front of a new jury, meaning that the whole empanelment process must also be redone. However, whilst a jury does add time, it is essential that evidence is clearly explained to a jury to ensure they can properly deliberate it so a fair trial occurs. The empanelment process is also necessary to ensure no jurors have any personal stake in the trial or are disqualified. As such, the delays can generally be excused as they are important for a fair and unbiased hearing.

I believe juries contribute to an effective legal system to a substantial amount. They provide for a  fair and unbiased hearing and effective access in criminal law; however they are expensive for civil cases and generally add delays to a trial. Overall, the benefits of a jury outweigh these limitations to ensuring an effective legal system.

EDIT: One more. I don't think I distributed the word count well.

Quote
“To some extent our legal system achieves the elements of an effective legal system; however, some changes are needed.”

Discuss this comment .In your discussion explain how recent changes and/or recommendations for change attempt to achieve the three elements of an effective legal system.


The legal system is moderately effective in achieving the three elements of an effective legal system. However, recent changes and possible future changes can ensure that it best provides a fair and unbiased hearing, timely resolution of disputes and effective access to the legal system.

A fair and unbiased hearing refers to each party in a case being treated equally before the law, and for adjudicators to be independent and unbiased. This is achieved through procedures such as the impartial nature of judges who, by upholding rules of evidence and procedure, ensure that both parties are treated equally and fairly. Similarly, the jury system helps achieve this element by giving the opportunity for parties to be trialed by their peers. A fair and unbiased hearing is also upheld by pre-trial procedures. Civil pre-trial procedures ensure that both parties are aware of the other’s case and access to relevant information for a trial. This is enabled through the discovery stage where evidence is shared so that there is no element of surprise in court. Moreover, directions hearings in civil trials aim to make sure both parties understand the different stages of the course of the dispute and their responsibilities throughout this. In a similar manner, criminal pre-trial procedures also help achieve a fair and unbiased hearing. Bail upholds the presumption of innocence as an accused is released from custody until their trial. This also gives them a chance to prepare their case. Committal hearings also enable this by giving the accused a chance to hear the prosecution’s case against them so that they can prepare a defence and be put on equal footing with the other party. However, an accused is not always granted bail and the prosecution generally has greater access to resources, which reduces the fairness of a trial. Furthermore, civil pre-trial procedures are complex and if a party does not have legal representation they may be too complex for them to follow and they will not benefit from the same advice the other party is receiving. A recent change to the legal system is the introduction of the Koori County Court. This court is for indigenous Australians who are pleading guilty in criminal trials. It was deemed necessary as indigenous Australians make up 25% of the prisoner population but only 3% of the nation’s total population. Indigenous Australians may have trouble due to cultural differences, such as gratuitous concurrence which is the tendency to agree with a question regardless of how the individual feels and a tendency to be shy. By having an indigenous elder present, the legal system can ensure that these cultural differences are accounted for, and by taking part in the sentencing they show the indigenous Australian population’s distaste for the crimes committed.

Effective access to the legal system refers to everyone being able to take a dispute to a court or tribunal and be able to access justice. This is achieved through procedures such as tribunals, which provide cheaper and informal resolution of disputes, such as VCAT. VCAT costs are as low as around $37 whilst serving a writ in the County Court is around $500. However, access could be difficult due to language barriers, the high cost of proceedings and the high costs of legal representation. A recent change that addresses this is the increase in court conducted or ordered alternative methods of dispute resolution. Mediation, conciliation and arbitration are being used through processes like judge-led mediation. These are much cheaper in comparison to the courts. Furthermore, they tend to not require legal representation, which further reduces costs for those involved, hence improving access to the legal system.

Timely resolution of disputes is achieved when they are resolved in a timely manner with as few delays as possible. Committal hearings help provide for timely resolution by only allowing cases with sufficient evidence to proceed. However, pre-trial procedures in civil cases are time consuming, especially discovery and pleadings stages. Furthermore, committal hearings may reduce delays overall, but they increase time in court for specific cases. A suggested reform to improve timely resolution is to abolish committal hearings, and instead having an accused presented directly for tiral. This reduces delays as there is no need to prepare for committal hearings, and cases are resolved much sooner after they begin. However, this may lead to cases wasting the time of superior courts if there is insufficient evidence for them to proceed.
Title: Re: VCE Legal Studies Question Thread
Post by: playsimme on October 22, 2011, 10:42:48 am
Help! can someone please specify if the examples given when we discuss 'reasons for changes in the law' can be brief (like 5 words), or do they have to be specific case examples? Because a lot of the solutions just state 'for example, laws to accomodate stem cell research' but it's not an actual specific act? < will that do?
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on October 24, 2011, 08:16:23 pm
What is the main difference between overriding and disapproving, in terms of judges choosing to avoid/develop law??
Thanks in advance! :)
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on October 25, 2011, 04:02:40 pm
it's actually overruling
for an example of how overruling works, think of this:
There is a case in the county court.
The justice/judge creates a precedent, which is : "The manufacturer owes the customer a duty of care"
and then finds for the plaintiff who wins the case and sues the manufacturer for $1000000000000000000 x 10^23

Anyway, a while later, there is a very similar case, however this time in the Supreme Court (trial division)
The justice/judge overrules the precedent made by the one from the country court, in effect meaning that "The manufacturer does NOT owe a duty of care to the customer".
And therefore a new binding precedent is made.

That's overruling.

Disapproving occurs in two cases:
- when a judge may refuse to follow an earlier decision of another judge in the same court, in effect meaning both precedets remain enforceable until another case on the issue is taken to a higher court.
- When a judge in a lower court disapproves with a precedent, that he/she must follow, but must follow it regardless.
So they are saying 'I'll follow it, but i do not want too because it is inappropriate..' or something like that.


MY own question,
do we need to know any three types of sanctions?
I just saw a question asking for the purpose of fines, and i only studied CBO's, home detention and imprisonment!

additionally;
when you are asked 'how does the commonwealth constitution protect human rights'
how do you guys elaborate on structural protections?
This is what i do, would it be right? Is it excessive or is it perhaps lacking?

Structural protections are those given from the wording of the constitution which prevent the commonwealth parliament from abusing its' power. The structural protection provides that there must be a separation of powers, so that no one body has absolute power which is unchecked. Furthermore, there must be representative government, so that the government is elected by the people and it must represent the views of the majority of the people. finally thre must be responsible government[b/] (i absolutely hate explaining responsible government, it always sounds like im parroting the textbook..) so that the government is responsible for it actions and when required must justify them to the people.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on October 25, 2011, 04:17:08 pm
MY own question,
do we need to know any three types of sanctions?
I just saw a question asking for the purpose of fines, and i only studied CBO's, home detention and imprisonment!

Thanks for clearing that up! :) and yepp, from what I know, any 3 would be fine - but you know regarding those kinds of questions where they're like
"explain the purpose of one sanction"
would you always have to answer it in terms of Denunication, Detterence, Protection, Punishment and Rehabilitation (with ALL those aspects mentioned?) because for some sanctions there isn't really a rehabilitation aspect... :-\
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on November 01, 2011, 06:34:52 pm
Could someone pleaseee explain the suggested reforms and suggested alternatives to the Jury system?? and how many of these would we have to know for each?? :)

Thanks in advance! :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 01, 2011, 09:55:12 pm
Could someone pleaseee explain the suggested reforms and suggested alternatives to the Jury system?? and how many of these would we have to know for each?? :)

Thanks in advance! :)

Reforms are minor changes to the jury system, whereas alternatives are changes which completely overhaul the jury system. Some reforms include: employing a professional foreperson, more training for jurors, jurors giving reasons for their verdicts etc. Whereas, some alternatives are: abolishing the jury system altogether or employing specialist jurors. With these sorts of questions, try to link your reform/and or alternative to an element of an effective legal system and how it improves/enhances it. I’d say know two or three reforms and alternatives for each (really well), because VCAA can ask for either in a question. Note, try not to get confused between the two. Hope this helps and good luck for the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 03, 2011, 05:29:06 pm
when you are asked 'how does the commonwealth constitution protect human rights'
how do you guys elaborate on structural protections?

Provide examples of structural protections. For example, when discussing the separation of powers as a structural protection, explain what each arm/function is. It is better, in my opinion, to give more than required in the bigger-mark questions just to be safe, because it is difficult to tell the mark allocation for those questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on November 07, 2011, 09:26:28 pm
When explaining the doctrine of precedent, when I state that precedent can be developed or avoided through reversing, overruling and distinguishing, would I be correct in assuming to not include disapproving? As that merely shows a judge's disapproval but doesn't create a new precedent, or avoid a past one? I've always remembered RODD as the four together, but should I include disapproving?

-michael.
Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on November 07, 2011, 09:38:31 pm
Correct, disapproval is merely expressing that a past precedent needs to be changed, but the court still follows this precedent due to factors such as the conservative nature of the judges. I would still mention it when talking about RODD as it gives your answer more depth, but yes, it is not a method of avoiding past precedent.
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on November 07, 2011, 10:00:26 pm
2 questions.

1. Describe the operation of VCAT
2. Explain the jurisdiction of 3 lists in VCAT
Title: Re: VCE Legal Studies Question Thread
Post by: Tragesty on November 07, 2011, 10:02:19 pm
Thanks Liuy!

Title: Re: VCE Legal Studies Question Thread
Post by: Liuy on November 07, 2011, 10:18:47 pm
2 questions.

1. Describe the operation of VCAT
2. Explain the jurisdiction of 3 lists in VCAT

1. Operation is essentially the role, along with maybe giving the 3 divisions (Human Rights, Administrative, Civil)
2. Not needed for new course, maybe one list to have up your sleeve as your example.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 08, 2011, 03:13:04 pm
2 questions.

1. Describe the operation of VCAT
2. Explain the jurisdiction of 3 lists in VCAT

1. Operation is essentially the role, along with maybe giving the 3 divisions (Human Rights, Administrative, Civil)
2. Not needed for new course, maybe one list to have up your sleeve as your example.

For the first question, it may also be good to mention/and or describe the composition of VCAT in your response, depending on the marks allocated to the question.
Title: Re: VCE Legal Studies Question Thread
Post by: Rhettski999 on November 10, 2011, 09:50:58 pm
How do you guys think the assessors are going to distribute the extra 10 marks? Like smaller, easier questions which rely simply on recount (1 or 2 markers), or evaluative 6/8 marker?
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on November 10, 2011, 10:57:18 pm
How do you guys think the assessors are going to distribute the extra 10 marks? Like smaller, easier questions which rely simply on recount (1 or 2 markers), or evaluative 6/8 marker?

My opinion is they will hit it down with maybe 2 one mark questions (don't underestimate these, they don't need to be as easy as one would think. One mark questions of court jurisdictions for example can probe real knowledge), and 2 four markers or a 4 and a 2. They won't give you more than one 8 mark question i don't think, because they can't expect to add on an extended response without giving more time, because they usually take more than 2 marks a minute anyway, let alone less than that.
Title: Re: VCE Legal Studies Question Thread
Post by: Rhettski999 on November 11, 2011, 09:22:44 am
Yeah I suppose that makes sense as it would be fairer for students, yet even with a lower mark distribution my suspicion is that thousands of kids won't finish the paper and thus the 10 marker will evade the assessors eyes. My legal teacher has given us a 10 marker a week and has said if it looks reasonably hard, we should complete it at the start and allocate no more than 18 minutes on that. With a rush on those 1 or 2 markers (Even court jurisdictions are in my opinion easy if you practise answering the questions and couple that with an excellent knowledge of all jurisdictions in Victoria, thus allowing you to just fly out an answer) you'll be able to give more time at the end maybe..
Title: Re: VCE Legal Studies Question Thread
Post by: billius1 on November 12, 2011, 10:52:08 am
Yeah I suppose that makes sense as it would be fairer for students, yet even with a lower mark distribution my suspicion is that thousands of kids won't finish the paper and thus the 10 marker will evade the assessors eyes. My legal teacher has given us a 10 marker a week and has said if it looks reasonably hard, we should complete it at the start and allocate no more than 18 minutes on that. With a rush on those 1 or 2 markers (Even court jurisdictions are in my opinion easy if you practise answering the questions and couple that with an excellent knowledge of all jurisdictions in Victoria, thus allowing you to just fly out an answer) you'll be able to give more time at the end maybe..

That sounds like an okay plan, but I strongly recommend that if your planning on spending that long on an extended response (which is good, as it will secure a 10 because you can write a lot) don't do it at the start. do it last so you can just spend the remainder of your time on it, because you don't want to get to the position where you're unable to get easy marks (like 4 mark questions) because you spent too long getting a mere 10 marks.

 jurisdiction questions are usually very easy or very hard. look at last years exam: the correct answer was County Court, but they accepted all answers because it was too difficult for students to know (even though it was implied on the study design). Make sure you really look at the question to make sure there are no tricks. For example, minor assault sounds County, but really it's Magistrate's Court. same with, i think maybe it was a 2007 question, where some friend had to ask advice about a plasma theft or something.
Title: Re: VCE Legal Studies Question Thread
Post by: nacho on November 12, 2011, 12:55:58 pm
is an amendment to the bill most likely to be made during the second reading stage or the consideration in detail/comittee of the whole stage?

second reading is the most substantial debate, whereas consideration in detail is..well consideration in detail O-O
Title: Re: VCE Legal Studies Question Thread
Post by: cltf on November 12, 2011, 02:47:26 pm
is an amendment to the bill most likely to be made during the second reading stage or the consideration in detail/comittee of the whole stage?

second reading is the most substantial debate, whereas consideration in detail is..well consideration in detail O-O


Amendments are made all over the place, at the end of second reading, mostly in the consideration stage, and when the bill is passed back from the other house.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on November 12, 2011, 03:10:29 pm
For extended response questions, can we structure it like:

Firstly... *get straight into first point*
Secondly...
Thirdly....
Fourthly...
Finally...

or do they expect topic sentences for each new point??
Title: Re: VCE Legal Studies Question Thread
Post by: damo707 on November 12, 2011, 03:48:30 pm
What is judicial determination?
What kind of questions have you guys seen asked about it?
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 04:07:50 pm
Judicial Determination is the process you would normally associate with when a case goes to court.

Basically, the parties to a case present their arguments and evidence to a judicial officer, (eg. judge, magistrate) who makes a legally binding decision about the outcome of the case.

Title: Re: VCE Legal Studies Question Thread
Post by: zoeee on November 12, 2011, 04:26:34 pm
1. what are the factors that influence the composition of a jury? is that like eligble, ineligble etc.
2. two reasons for the low success rate of a referendum ? double majority and...

thank you
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 04:44:44 pm
1. Yeah, so you can go through Disqualified, Ineligible and Excused
Also, remember the challenges. In criminal juries, each party is entitled to SIX Peremptory Challenges, these are challenges that need no reason as to why the party want's a certain potential juror removed. In Civil Juries each party has THREE of these challenges.
Then there's also For Cause Challenges, each party has UNLIMITED number of these challenges in both civil and criminal, however they must provide a valid reason.

2. - lack of understanding for process & arguments, as well as confusion surrounding proposal may lead to voters voting 'no' to keep things as is.
- voters may be conservative, or believe current situations are owrking well for them currently, they will vote 'no'.
- many voters may see a referendum as a way of giving the Federal Parliament more power, which many are reluctant to do, and therefore vote 'no'[/list]
Title: Re: VCE Legal Studies Question Thread
Post by: damo707 on November 12, 2011, 09:38:44 pm
Outline the role of VCAT. (2 marks)
The Victorian Civil and Administrative Tribunal plays an integral role in resolving civil disputes, alongside the courts. It operates in parallel with courts to contribute to an effective legal system in that it specialises in particular types of disputes such as in the Residential Tenancies List. Further, they are less formal such as members taking an active role in proceedings, and are generally less expensive than court with a low filing fee of $37.

Note: Is this enough for 2 marks? Not actually sure how to answer this question. Any help would be appreciated.

LOL had fun with that... ^
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 10:02:02 pm
For 2 marks i'd say you're right on the money.
VCAT’s objective is to provide cost-effective, accessible and informal, timely and quality resolution for civil cases to Victorians ---- COOOOOL.
[/color]
Title: Re: VCE Legal Studies Question Thread
Post by: damo707 on November 12, 2011, 10:09:29 pm
Cheers, and LOL. Also, have you seen any other questions relating to VCAT that aren't about dispute resolution methods and evaluating them, or about the strengths and weaknesses of VCAT/court?
Title: Re: VCE Legal Studies Question Thread
Post by: RobDog on November 12, 2011, 10:20:44 pm
Cheers, and LOL. Also, have you seen any other questions relating to VCAT that aren't about dispute resolution methods and evaluating them, or about the strengths and weaknesses of VCAT/court?
I'm not sure about others, but personally, what you listed seem to be the only kind of questions i've been coming across, and the study design just says:
• the role of VCAT
• dispute resolution methods used by courts and VCAT, including mediation, conciliation, arbitration
and judicial determination
• strengths and weaknesses of dispute resolution methods used by courts and VCAT
• strengths and weaknesses of the way courts and VCAT operate to resolve disputes.

So going by this those are the only questions you can be asked.
Title: Re: VCE Legal Studies Question Thread
Post by: Zafaraaaa on November 13, 2011, 12:25:31 am
In which court would a case for manslaughter be heard?? Would it be the County Court or the Supreme Court (trial division)??

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: bodriagin on November 15, 2011, 12:51:50 pm
In which court would a case for manslaughter be heard?? Would it be the County Court or the Supreme Court (trial division)??

Thanks :)

The Supreme Court. :)

The County Court can't hear any murder-related offences.
Title: Re: VCE Legal Studies Question Thread
Post by: vanroevan1994 on February 18, 2012, 11:07:39 am
Explain the principles of representative government and responsible government. How effective do you think the Commonwealth Government is in achieving these ideals? 6 marks

Would anyone be able to help me with this question? I understand the principles and that, but dont understand what to write for the second part of the question!

Thanks in advance! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 18, 2012, 11:38:24 am
Explain the principles of representative government and responsible government. How effective do you think the Commonwealth Government is in achieving these ideals? 6 marks

Would anyone be able to help me with this question? I understand the principles and that, but dont understand what to write for the second part of the question!

Thanks in advance! :)

Any time you see the word 'effective' you want to think strengths and weaknesses (basically).

- One way representative government is achieved effectively.
- One way it's not.
- Very short 'overall' conclusion.

- Same with responsible government.

For example: Representative government is achieved because we have a strong democracy in which almost all adults are entitled to vote, and are able to make educated decisions in elections because of their freedom of political communication. Parliamentary debates are also open to the public and media, so voters can see whether MPs are representing their views effectively and MPs can be voted out at regular elections if the majority is not happy with their performance. The system is not perfect, however, as often the government can try to please the majority at the expense of making the best decisions on behalf of the environment or the whole country - but ultimately that means the success of representative government comes down to whether we the voters tell our representatives to do the right things.
Title: Re: VCE Legal Studies Question Thread
Post by: Rhettski999 on March 08, 2012, 01:11:19 am
In breaking down that question I would probably allocate 2 marks for explanation and 4 for the evaluation.

You're basically being asked to what extent the Federal Government achieves those principles.

4 points. Effective/ Not Effective for each principle.

Poorly worded question which I doubt you'd find in a VCAA exam, but nevertheless, always good to practise tricky questions.
Title: Re: VCE Legal Studies Question Thread
Post by: Stron on May 19, 2012, 07:38:58 pm
Hi, wondering if i average approximately 90% in legal sacs and exam what score would i be looking at?
I have a strong cohort
Title: Re: VCE Legal Studies Question Thread
Post by: martinjm on May 31, 2012, 03:50:11 pm
I'm just wondering if anyone had 2 or 3 examples for a case where a precedent was reversed (case was appealed, taken to a higher court and decision as well as precedent set reversed). In Justice and Outcomes the example is the Queen v. Klamo case, but there was no precedent set in this case.
Title: Re: VCE Legal Studies Question Thread
Post by: ashlee.413 on July 10, 2012, 03:47:49 pm
Could somebody please explain the different kinds of appeals:

Point of law
Question of fact
Convicton/sentence

What do these mean in terms of appeals? Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: DiMennzzaa on July 14, 2012, 01:37:56 pm
im still so confused over judicial determination in relation to courts vcat

is JUDICIAL DETERMINATION = ARBITRATION ?


Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 14, 2012, 04:31:03 pm
im still so confused over judicial determination in relation to courts vcat

is JUDICIAL DETERMINATION = ARBITRATION ?

This thread should help: What is judicial determination?
Title: Re: VCE Legal Studies Question Thread
Post by: DiMennzzaa on July 15, 2012, 04:44:31 pm
strength and weakness of third party in ADR methods >?
Title: Re: VCE Legal Studies Question Thread
Post by: Chazef on September 24, 2012, 10:45:28 pm
I wrote way too much for this four mark question: Use one example to explain and illustrate how the law-making powers of the commonwealth parliament and the state parliaments have been changed by high court interpretation of the commonwealth constitution (4 marks) {2005}

Answer: Sections 73, 75 and 76 of the constitution set-out the high court’s ability to settle disputes over conflictions between commonwealth and state law and disputes involving the meaning of words and phrases in the constitution.

 The high court has the power to change the constitution by interpreting words and phrases to apply the original intentions of the constitution’s authors to the case at hand. This keeps the constitution relevant and up-to-date, without changing the words themselves but by giving meaning to them.

An interpretation which established new areas of law under the commonwealth parliament would change the balance of law making powers in favour of the commonwealth, with interpretations which restrict the commonwealth’s law-making power changing the balance in favour of the states.

An example is the Franklin Dam Case, in which the state of Tasmania argued that the commonwealth’s laws which prevented construction at the Franklin River to uphold the UNESCO convention (an international treaty) was beyond their law-making power. The High Court interpreted the external affairs power (S51xxix) of the constitution and decided the commonwealth was able to make laws on otherwise residual matters in order to uphold international treaties. This largely increased the commonwealth’s power over the states, with the external affairs interpretation being used many times since when the commonwealth passes law on fundamentally residual matters.

What can I do to reduce this?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 24, 2012, 11:17:16 pm
I wrote way too much for this four mark question: Use one example to explain and illustrate how the law-making powers of the commonwealth parliament and the state parliaments have been changed by high court interpretation of the commonwealth constitution (4 marks) {2005}

Answer: Sections 73, 75 and 76 of the constitution set-out the high court’s ability to settle disputes over conflictions between commonwealth and state law and disputes involving the meaning of words and phrases in the constitution.

 The high court has the power to change the constitution by interpreting words and phrases to apply the original intentions of the constitution’s authors to the case at hand. This keeps the constitution relevant and up-to-date, without changing the words themselves but by giving meaning to them.

An interpretation which established new areas of law under the commonwealth parliament would change the balance of law making powers in favour of the commonwealth, with interpretations which restrict the commonwealth’s law-making power changing the balance in favour of the states.

An example is the Franklin Dam Case, in which the state of Tasmania argued that the commonwealth’s laws which prevented construction at the Franklin River to uphold the UNESCO convention (an international treaty) was beyond their law-making power. The High Court interpreted the external affairs power (S51xxix) of the constitution and decided the commonwealth was able to make laws on otherwise residual matters in order to uphold international treaties. This largely increased the commonwealth’s power over the states, with the external affairs interpretation being used many times since when the commonwealth passes law on fundamentally residual matters.

What can I do to reduce this?

I love the final paragraph. You don't actually need the first three, though! The question asks for the example as the focus, not the method itself, and that example's great.

I would cut the first three paragraphs, perhaps putting "Using their power under s76" down before "The High Court interpreted...", and then incorporating some of paragraph three into a final sentence elaborating on the impact right at the end. You've said the impact in terms of the Cwlth gaining power, but not really explained the corresponding decrease for the states.

Note: Saying 'an interpretation that gives a broader interpretation to existing specific powers', thereby encompassing more areas within the power (eg radio and TV within "like services" to telegraphs and telephones), would be slightly more correct than saying the interpretation establishes *new* areas.
Title: Re: VCE Legal Studies Question Thread
Post by: Chazef on September 28, 2012, 01:47:27 am
Okay another question, will this exam have any evaluation questions worth more than 10 marks? (e.g. evaluate adversary system, 12 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 02, 2012, 06:53:37 pm
Okay another question, will this exam have any evaluation questions worth more than 10 marks? (e.g. evaluate adversary system, 12 marks)

Don't think so. In recent years (including last year), 10 marks has been the maximum for any given question.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 02, 2012, 07:06:00 pm
VCAA exam specifications: http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/legalstud-samp-w.pdf
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on February 10, 2013, 06:02:18 pm
'The Australian parliamentary system has borrowed and adapted a number of concepts from other countries.' Discuss (6 marks)
This question is from the A+ notes guide, and I was wondering if it's necessary for us to know such details in so much depth. I thought we just needed to know that it was based on the Westminster system, but if not then what am I expected to know??!

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: michak on February 10, 2013, 06:25:43 pm
'The Australian parliamentary system has borrowed and adapted a number of concepts from other countries.' Discuss (6 marks)
This question is from the A+ notes guide, and I was wondering if it's necessary for us to know such details in so much depth. I thought we just needed to know that it was based on the Westminster system, but if not then what am I expected to know??!

Thanks

You are correct don't need to know this
You don't even need to know much about the Westminster model just that our system is based off it :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on February 10, 2013, 06:38:52 pm
Ok cool thanks :)
Haha that's a relief! I was beginning to freak out when I saw it!
Title: Re: VCE Legal Studies Question Thread
Post by: JordanBallLS50 on March 05, 2013, 09:25:13 am
Chazef, the highest marks for a single legal studies question is 10. I did it last year and never came across one higher unless your counting 3)i)ii)iii) as one. But as for the example, no your certainly wont get a 12 marker or something like that. Just watch out for the marks, we got thrown a 7 marker. Id never done one!!! so that was a shock.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 10:45:07 am
I've a question. When it says to evaluate two strengths of Parliament, is it necessary to talk about its weaknesses as well when the question is specifically only asking for its strengths? My teacher wants us to put so much information into a question and I'm getting nervous because it feels like I don't have to read the question because she wants me to used prepared answers... Urgh. I'm so angry.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 16, 2013, 12:41:27 pm
I've a question. When it says to evaluate two strengths of Parliament, is it necessary to talk about its weaknesses as well when the question is specifically only asking for its strengths? My teacher wants us to put so much information into a question and I'm getting nervous because it feels like I don't have to read the question because she wants me to used prepared answers... Urgh. I'm so angry.

You have to talk about the strength and the corresponding weakness.
eg parliament provides arena for debate... but if govt holds majority in upper house it may become a rubber stamp.
And after you have discussed the S and W make a judgement on whether it is overall a s or w of the law-making process
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 01:12:00 pm
I've a question. When it says to evaluate two strengths of Parliament, is it necessary to talk about its weaknesses as well when the question is specifically only asking for its strengths? My teacher wants us to put so much information into a question and I'm getting nervous because it feels like I don't have to read the question because she wants me to used prepared answers... Urgh. I'm so angry.
Evaluate means to I look at the strengths and weaknesses of a point.
So what you do is write what your point is give a strength of it but then it's corresponding weakness.
Just remember that the atrenght and weakness have to match so if you have a point that doesn't have both dont use it.

And mk5w you don't always need to make a final judgement on the topic I would only do this in 10 or 8 mark questions
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 01:38:47 pm
Thanks for the reply.

So it doesn't matter even if the question was only asking for weaknesses, that I'd still have to discuss the strengths? Say if it's only worth 6 marks? Would each mark attribute to the strengths and weaknesses?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 16, 2013, 01:55:57 pm
If it says evaluate or critically evaluate you must discuss both the strength and corresponding weakness or vise-versa and make a judgement on whether overall you this it's a strength or a weakness of parliament.

EG- evaluate one strength and one weakness of parliament.(6 marks)

1 mark for Strength, 1 mark for corresponding  weakness, 1 mark for judgement.     3 marks
1 mark for weakness, 1 mark for corresponding strength, 1 mark for judgement.     3 marks overall (6 marks)



Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 01:58:37 pm
If it says evaluate or critically evaluate you must discuss both the strength and corresponding weakness or vise-versa and make a judgement on whether overall you this it's a strength or a weakness of parliament.

EG- evaluate one strength and one weakness of parliament.(6 marks)

1 mark for Strength, 1 mark for corresponding  weakness, 1 mark for judgement.     3 marks
1 mark for weakness, 1 mark for corresponding strength, 1 mark for judgement.     3 marks overall (6 marks)





I was told different we never had to make a judgement there if it said critically evaluate or just evaluate and it was a six mark question I would make three points with their corresponding strength and weakness.
Ask you teacher what they want in their answers but this is what I did the whole year
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 02:07:37 pm
Okay. I'm kind of confused. If the question was :Evaluate two weaknesses of Parliament, would I still have to discuss its strengths?
I know that if the question asks for strengths and weaknesses that I would have to talk about both and give examples. My question was asking whether if the question focuses on only a strength or a weakness, that would I have to include the rebuttal information?
Title: Re: VCE Legal Studies Question Thread
Post by: yearningforsimplicity on March 16, 2013, 02:37:00 pm
I was told different we never had to make a judgement there if it said critically evaluate or just evaluate and it was a six mark question I would make three points with their corresponding strength and weakness.
Ask you teacher what they want in their answers but this is what I did the whole year

I never made "judgements" for 'critically evaluate' Q's either - I always thought critically evaluate just meant to explain one strength and one weakness (this explanation yielding 2 marks so you'd know how many points to discuss depending on the marks given) :) On the other hand, if the Q said something like "Conclude", "Deduce" or "Make a statement about bla bla", then you would probably make some sort of judgement :)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 02:40:43 pm
I never made "judgements" for 'critically evaluate' Q's either - I always thought critically evaluate just meant to explain one strength and one weakness (this explanation yielding 2 marks so you'd know how many points to discuss depending on the marks given) :) On the other hand, if the Q said something like "Conclude", "Deduce" or "Make a statement about bla bla", then you would probably make some sort of judgement :)
Okay. I'm kind of confused. If the question was :Evaluate two weaknesses of Parliament, would I still have to discuss its strengths?
I know that if the question asks for strengths and weaknesses that I would have to talk about both and give examples. My question was asking whether if the question focuses on only a strength or a weakness, that would I have to include the rebuttal information?

Evaluate means to look at both sides so because it says evaluate a weakness you give one weakness of parliament and explain why it is a weakness but the give a strength of that weakness
For example one weakness of parliament is thaey don't actyally sit in parliament for a lot of the the of the year however a strength is that it has the power to delegate law making powers to other authorities to make them a subordinate which can now make law on behalf of the parliament

Does that make sense
Title: Re: VCE Legal Studies Question Thread
Post by: hjm2 on March 16, 2013, 02:50:57 pm
From my understanding, evaluate questions just require strength vs weakness, whereas critically evaluate requires strength vs weakness then a conclusion or opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on March 16, 2013, 03:50:09 pm
What if the question were to start with,

"Discuss..."

Would that mean you basically just talk about the strengths and the weaknesses and that all. Like our teacher told us not to form an opinion. And also, regarding forming an opinion for a question starting with "discuss" how would you write a conclusion without actually STATING your opinion or agreeing with the statement? (hope you know what i mean :P)

Our teacher also said when you see this question you don't really need an introduction, and you can get straight into what you're saying. Eg: "a weakness of parliament as a law-maker is...". Then next paragraph, "however, a strength as parliament as a law-maker is...".

So, he basically said no introduction is needed. Is this correct?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 04:01:15 pm
Evaluate means to look at both sides so because it says evaluate a weakness you give one weakness of parliament and explain why it is a weakness but the give a strength of that weakness
For example one weakness of parliament is thaey don't actyally sit in parliament for a lot of the the of the year however a strength is that it has the power to delegate law making powers to other authorities to make them a subordinate which can now make law on behalf of the parliament

Does that make sense

Oh okay. So it doesn't matter whether it's talking about a strength or a weakness because you still have to discuss both. Alright, that makes sense.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 04:04:58 pm
What if the question were to start with,

"Discuss..."

Would that mean you basically just talk about the strengths and the weaknesses and that all. Like our teacher told us not to form an opinion. And also, regarding forming an opinion for a question starting with "discuss" how would you write a conclusion without actually STATING your opinion or agreeing with the statement? (hope you know what i mean :P)

Our teacher also said when you see this question you don't really need an introduction, and you can get straight into what you're saying. Eg: "a weakness of parliament as a law-maker is...". Then next paragraph, "however, a strength as parliament as a law-maker is...".

So, he basically said no introduction is needed. Is this correct?

Well, our teacher said that in our intro we MUST always have the statement "Parliament is a supreme law-maker" and address other terms in the question. She also said that you can also signpost the strengths.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 07:54:46 pm
Ooh. I'm back with another question.What do sections 92, 99 and 128 of the Constitution mean? It's quite hard to understand. :/
Thanks in advance for your help.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 16, 2013, 07:58:05 pm
Ooh. I'm back with another question.What do sections 92, 99 and 128 of the Constitution mean? It's quite hard to understand. :/
Thanks in advance for your help.

Section 128 - referendum process, need to know this inside and out
section 99 - the commonwealth must treat all states equally in regards to revenue, commerce and trade
section 92 - trade and the movement of people between states shall be free (as in you can't put a tax on it)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 16, 2013, 08:29:06 pm
Section 128 - referendum process, need to know this inside and out
section 99 - the commonwealth must treat all states equally in regards to revenue, commerce and trade
section 92 - trade and the movement of people between states shall be free (as in you can't put a tax on it)

Thanks. :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 18, 2013, 03:35:31 pm
A few quick things!

1. No difference between evaluate and critically evaluate. Treat them the same as analyse, as well.

2. All of them require an opinion. At the start, at the end, or both. You don't usually get a mark *for* it, but you lose one without it.

3. If you evaluate a weakness you have to start with the weakness then go to the corresponding strength - not the other way around or half marks lost. Then you finish with a short opinion on whether the weakness is really a huge weakness.

4. Unless the question asks you to, you don't need to say that parliament is the supreme law-maker.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 18, 2013, 04:01:18 pm
A few quick things!

1. No difference between evaluate and critically evaluate. Treat them the same as analyse, as well.

2. All of them require an opinion. At the start, at the end, or both. You don't usually get a mark *for* it, but you lose one without it.

3. If you evaluate a weakness you have to start with the weakness then go to the corresponding strength - not the other way around or half marks lost. Then you finish with a short opinion on whether the weakness is really a huge weakness.

4. Unless the question asks you to, you don't need to say that parliament is the supreme law-maker.

Okay, that makes more sense. But for 4) my teacher says that it's a must to  be put on when responding to the question. So do I just leave it or what?
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on March 18, 2013, 04:21:10 pm
A few quick things!

1. No difference between evaluate and critically evaluate. Treat them the same as analyse, as well.

2. All of them require an opinion. At the start, at the end, or both. You don't usually get a mark *for* it, but you lose one without it.

3. If you evaluate a weakness you have to start with the weakness then go to the corresponding strength - not the other way around or half marks lost. Then you finish with a short opinion on whether the weakness is really a huge weakness.

4. Unless the question asks you to, you don't need to say that parliament is the supreme law-maker.

Can u give some info for questions starting with discuss?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 18, 2013, 08:52:01 pm
Okay, that makes more sense. But for 4) my teacher says that it's a must to  be put on when responding to the question. So do I just leave it or what?

For SACs, your teacher is god. Or, rather, whoever is marking it is god. Do what they say.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 18, 2013, 08:54:16 pm
Can u give some info for questions starting with discuss?

I treat 'discuss' questions exactly the same as analyse, evaluate and critically evaluate. Basically, they want you to weigh up reasons for and against an opinion. They're marked essentially the same, but even if technically you were *allowed* to only look at strengths or only look at weaknesses - why would you? That's chopping out half your notes, which you spent so much time writing and learning!
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 18, 2013, 09:08:51 pm
For SACs, your teacher is god. Or, rather, whoever is marking it is god. Do what they say.

Ok, Oh, hail thou for getting 50 XD
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 27, 2013, 09:18:13 pm
Just an update for the SAC, at first I was disappointed with my mark and decided not to look at the SAC until later but it turns out that when my teacher was adding the scores in Excel, she actually left out a row so everybody's scores decreased. Anyway, when she redid the marking, I was so happy, I only got 1 mark wrong. (:

Thanks for all your help. I also just finished another SAC today and it wasn't too difficult. (:
Title: Re: VCE Legal Studies Question Thread
Post by: michak on March 27, 2013, 09:30:04 pm
Just an update for the SAC, at first I was disappointed with my mark and decided not to look at the SAC until later but it turns out that when my teacher was adding the scores in Excel, she actually left out a row so everybody's scores decreased. Anyway, when she redid the marking, I was so happy, I only got 1 mark wrong. (:

Thanks for all your help. I also just finished another SAC today and it wasn't too difficult. (:

Congrats dude :D
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 28, 2013, 07:44:24 am
Congrats dude :D

Thanks. (: I'm just really thankful for the community here at ATARnotes as everybody is so helpful.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 28, 2013, 08:09:45 pm
Here are just some questions I have used for revision for AOS 1. Feel free to answer them or use them for revision.

1.   Outline the structure of the state and Commonwealth parliaments.
2.   Identify two roles played by the Crown in the Australian parliamentary system.
3.   Explain in detail one principle of the Australian Parliamentary System.
4.   Distinguish between parliament and government.
5.   How does the Commonwealth Constitution reflect the principle of separation of powers?
6.   Outline the differences between the role of the House of Representatives and the role of the Senate.
7.   Outline the role and structure of the Victorian Law Reform Commission.
8.   Identify how individuals or groups may influence a change in the law and describe how they bring about a change in the law.
9.   Distinguish between formal and informal pressures to bring about a change in the law.
10.   What possible weaknesses are there to consider when making a change in the law?
11.   Describe one stage that a bill goes through in Parliament before becoming an Act.
12.   What similarities and differences are there between the first and the third reading?
13.   Explain the certification stage.
14.   What is the role of the second reading stage of a bill through Parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 29, 2013, 12:08:59 pm
In a speech to lawyers in 2001, High court chief justice Murray Gleeson said that 'the failure of so many referendums meant that there was a real risk that the public might expect the high court instead to change the constitution'. Analyse the effectiveness of both referendum and high court interpretation of the constitution as means of changing the division of law-making powers between commonwealth and state parliaments. 8 marks

how do i tackle this question and the quote?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on March 29, 2013, 09:10:22 pm
In a speech to lawyers in 2001, High court chief justice Murray Gleeson said that 'the failure of so many referendums meant that there was a real risk that the public might expect the high court instead to change the constitution'. Analyse the effectiveness of both referendum and high court interpretation of the constitution as means of changing the division of law-making powers between commonwealth and state parliaments. 8 marks

how do i tackle this question and the quote?

I think it asks you about how the referendum can change the wording of the Constitution but the High Court interpretation only changes the meaning. You may want to provide an example of a successful referendum and state the impacts it has had on the law-making powers between State and Commonwealth Parliaments. Also, in talking about the HC interpretation, you may want to say that because of a HC interpretation, it might change the balance of powers between State and Commonwealth and may cause a precedent in being set for future cases.
Firstly, however, I think you have to mention that the Constitution and the HC interpretation are two ways of changing the division of law-making powers.

You may also want to discuss the strengths and weaknesses of the referendum and HC using examples, as I've said before. And if you're not pushed for time, I think you can include an opinion on the issue. For example, you may want to say that HC cases are generally more successful compared to referendums because only 8 out of 44 have passed. However, you may also state that even if the referendum process is harder to satisfy in regards to its requirements, that it's still a useful tool in changing the balance of powers between State and Commonwealth.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on March 29, 2013, 11:44:22 pm
I think it asks you about how the referendum can change the wording of the Constitution but the High Court interpretation only changes the meaning. You may want to provide an example of a successful referendum and state the impacts it has had on the law-making powers between State and Commonwealth Parliaments. Also, in talking about the HC interpretation, you may want to say that because of a HC interpretation, it might change the balance of powers between State and Commonwealth and may cause a precedent in being set for future cases.
Firstly, however, I think you have to mention that the Constitution and the HC interpretation are two ways of changing the division of law-making powers.

You may also want to discuss the strengths and weaknesses of the referendum and HC using examples, as I've said before. And if you're not pushed for time, I think you can include an opinion on the issue. For example, you may want to say that HC cases are generally more successful compared to referendums because only 8 out of 44 have passed. However, you may also state that even if the referendum process is harder to satisfy in regards to its requirements, that it's still a useful tool in changing the balance of powers between State and Commonwealth.
thank you very much
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 30, 2013, 01:20:32 am
In a speech to lawyers in 2001, High court chief justice Murray Gleeson said that 'the failure of so many referendums meant that there was a real risk that the public might expect the high court instead to change the constitution'. Analyse the effectiveness of both referendum and high court interpretation of the constitution as means of changing the division of law-making powers between commonwealth and state parliaments. 8 marks

how do i tackle this question and the quote?

The task word is 'analyse' which means opinion (on the effectiveness of referenda vs HCA interp) plus strengths and weaknesses relating to it. That's it.

Since it doesn't ask you to describe you don't need any definition/example/etc content, and you won't really get marks for it unless it's linked with your strengths and weaknesses.

The quotation isn't referred to in the question so it can be treated as irrelevant. But I'd chuck it in my opinion anyway :)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 03, 2013, 01:13:44 pm
what sections of the constitution do we have to specifically know?
eg s.109 s.128 s.51(...) s.76
when answering a question on high court cases do we have to state the specific section in our answer?... eg Brislan case s.51(v)
and would it be a disadvantage to use the brislan case?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 03, 2013, 01:17:29 pm
what sections of the constitution do we have to specifically know?
eg s.109 s.128 s.51(...) s.76
when answering a question on high court cases do we have to state the specific section in our answer?... eg Brislan case s.51(v)
and would it be a disadvantage to use the brislan case?


basically you need to know 128, 51,52, all the restrictions on commonwealth law making power (eg. 116, religion), all restrictions on state law-making power. Oh also the section that you use for your successful referendum (eg. aboriginas section 51 (xxvi)
In regards to high court cases my teacher said you need to know the sections.

Why would it be a disadvanatge to use brislan?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 03, 2013, 01:24:35 pm
thank you

And there's not that much to write about in brislan as it's not as complex, but I think i'll use it now :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 04, 2013, 08:03:35 pm
Just a few questions:
-Do we need to know all the examples under structural protection (representative and responsible govt. separation of powers), express (all 5) and implied rights (freedom of political communication along with all the little acts and stuff within the explanation)? And in how much detail?
- Do we need to know about the enforcement of rights (watchdog and complaints-based)?
- How many strengths and weaknesses of the constitutional protection of rights do we need to know? Will we ever get asked and extended response type question on these particular strengths and weaknesses (what's the most marks we'll be asked for on this particular thing?)
-When answering evaluate questions (like q1 from 4.7 in justice and outcomes) do we always have to link a strength with a weakness or can we just have a  few strengths in a para and then a few weaknesses in a para and an evaluative statement at the end? Because there's some good strengths/weaknesses that don't really have a corresponding strength/weakness. Does it always have to be a strength countered by a weakness (vice versa)?
- With Roach, did she question the validity of the 2006 amendment or the 2004 act or both?

THANKS! :)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 04, 2013, 08:23:01 pm
*Didn't score that well in Legal studies and it's been a while but I feel like I can answer these, someone, please correct me if I'm wrong and subsequently fucking up some kid's education*

-Do we need to know all the examples under structural protection (representative and responsible govt. separation of powers), express (all 5) and implied rights (freedom of political communication along with all the little acts and stuff within the explanation)? And in how much detail?
I would definitely know all three structural protections. I still know all five express rights, so I'd recommend learning them all because I must have for some reason, right? I don't see them asking you to regurgitate all five of them on the exam though. I don't think you have to go too crazy on the freedom of political communication cases - I knew a moderate amount about Theophanus V. Herald Weekly Times.

- Do we need to know about the enforcement of rights (watchdog and complaints-based)?
I have no idea what this question is.

- How many strengths and weaknesses of the constitutional protection of rights do we need to know? Will we ever get asked and extended response type question on these particular strengths and weaknesses (what's the most marks we'll be asked for on this particular thing?)
No one can really answer this except for the script writers... My approach was to treat everything as if it were going to be a ten mark question (a lot of stuff was on my SACs) so the way I broke down my marks that'd be five strengths and five weaknesses for everything. Although, I see it as unlikely they'd be as specific as to say "Evaluate constitutional protection"... From my perspective it'd more likely be a comparison question, or perhaps a smaller evaluation. I'd personally learn five (I was a paranoid learner with Legal), but if you were more relaxed you could probably get away with not learning so many.

-When answering evaluate questions (like q1 from 4.7 in justice and outcomes) do we always have to link a strength with a weakness or can we just have a  few strengths in a para and then a few weaknesses in a para and an evaluative statement at the end? Because there's some good strengths/weaknesses that don't really have a corresponding strength/weakness. Does it always have to be a strength countered by a
Nope, juxtaposition is no longer a requirement for evaluate questions (I think it may have been prior to 2011). The way you've suggested I think would be an acceptable structure for full marks, however, I'd recommend juxtaposing as best you can. I think it shows a good understanding, makes it easier for you to remember personally, and is just simpler to write in an exam and demonstrate your merit for each mark. But yeah, to answer your question, it doesn't always have to be juxtaposed. I'm rusty, but I don't think you'd be awarded a mark for an evaluative statement (unless they asked your opinion), so if you were going to do one, I'd still quantify strengths and weaknesses based on the available marks (Eight marks - four str/four wkns)

- With Roach, did she question the validity of the 2006 amendment or the 2004 act or both?
She challenged both, however it was ruled that 2006 was invalid and 2004 was valid, so the 2004 act stood but Howard's amendments got thrown out.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 04, 2013, 09:29:50 pm
Just a few questions:
-Do we need to know all the examples under structural protection (representative and responsible govt. separation of powers), express (all 5) and implied rights (freedom of political communication along with all the little acts and stuff within the explanation)? And in how much detail?
- Do we need to know about the enforcement of rights (watchdog and complaints-based)?
- How many strengths and weaknesses of the constitutional protection of rights do we need to know? Will we ever get asked and extended response type question on these particular strengths and weaknesses (what's the most marks we'll be asked for on this particular thing?)
-When answering evaluate questions (like q1 from 4.7 in justice and outcomes) do we always have to link a strength with a weakness or can we just have a  few strengths in a para and then a few weaknesses in a para and an evaluative statement at the end? Because there's some good strengths/weaknesses that don't really have a corresponding strength/weakness. Does it always have to be a strength countered by a weakness (vice versa)?
- With Roach, did she question the validity of the 2006 amendment or the 2004 act or both?

THANKS! :)

1. Need to know all the structural protections, express rights and the implied right in a great amount of detail. This is includes constitution sections and relevant cases. Always mentioned in exams in some form.

2. Don't need to know this

3. like brendan said for any topic that could have a strength/weakness question of evaluate question I learnt 5 and its corresponding weaknesses, because this covers you just in case you get a 10 mark question, or you may also get a question where they are like give two strengths except for blah, and that blah is one of your examples and you may not know others.

4. This is tricky, evaluate you don't have to but critically evaluate you do. I always did the strength and the corresponding weakness because it just flows better. I would do just to get into the habit and you wont lose marks if you do it in an evaluate question.

5. She challgned the validity of both acts.


Oh and Bredan you answers were fine :)

Hope that helps vashappenin
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 05, 2013, 12:07:06 am
Just quickly - there's no difference between evaluate, critically evaluate, critically examine, analyse, etc. It's all just an opinion plus discussing reasons for and against it.

Juxtaposing strengths with weaknesses is seen in all the best answers; it doesn't sound fluent or balanced without at least some of it. BUT! You can easily do one strength balanced against two or three weaknesses, or vice versa. It doesn't need to be one to one. Also, frequently you are asked to evaluate a strength or evaluate a weakness - in this case you MUST pair them up.

Ten points isn't enough for the final 10-marker, though. For most people it wouldn't fill out to the third page, and it leaves you no backup at all if one of your points isn't good enough for a mark by itself.

The odds of getting a 10-marker *just* on evaluation of the Australian constitutional protection of rights, however...?

Know all five express rights, but be able to evaluate two or three of them.

Enforcement of constitutional rights is optional content regarding Australia's approach to protecting, and can be used in the comparison as well.

There is no fixed number of structural protections, as they are not listed in the Constitution; I would know maybe two, and be able to evaluate the extent of their protection a little.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 06, 2013, 03:24:29 pm
For the Outcome 2 SAC, do we just have to remember cases  for the High Court Interpretation part or do we have to remember specific cases that relate to each of the express rights, specific sections of the constitution, etc.? I'm kinda confused as to which cases to remember because the book that I'm using (Justice & Outcomes) goes into detail with way too many cases, and the content is just all over the place imo. I've been using the AN study guide and studyon which is really helpful though.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 06, 2013, 04:10:09 pm
For the Outcome 2 SAC, do we just have to remember cases  for the High Court Interpretation part or do we have to remember specific cases that relate to each of the express rights, specific sections of the constitution, etc.? I'm kinda confused as to which cases to remember because the book that I'm using (Justice & Outcomes) goes into detail with way too many cases, and the content is just all over the place imo. I've been using the AN study guide and studyon which is really helpful though.

You need to know a couple. At least one for the implied right (eg. theophanous case), the roach case for the right to vote and any case that shows tha balance of power shifting from state to commonwealth eg. tassie dam case. Also could use brislan as the high court is interpreting the constitution.

But yeah defs need to know a couple depending on the question :)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 06, 2013, 04:41:59 pm
You need to know a couple. At least one for the implied right (eg. theophanous case), the roach case for the right to vote and any case that shows tha balance of power shifting from state to commonwealth eg. tassie dam case. Also could use brislan as the high court is interpreting the constitution.

But yeah defs need to know a couple depending on the question :)
Just make sure you don't say there's an implied right to vote. We have 5 express rights, 1 implied right (political communication) currently found (more could be found), and then things that are structurally protected. Representative government protects our ability to vote.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 06, 2013, 05:18:53 pm
Just make sure you don't say there's an implied right to vote. We have 5 express rights, 1 implied right (political communication) currently found (more could be found), and then things that are structurally protected. Representative government protects our ability to vote.

Yeah sorry if i may have confused you but the theophanous case and others are examples for the implied right of freedom of speech on political matters
The right to vote is protected by sections 7 and 24 of the constitution that say the members of the house of representatives and senate must be directlly elected by the people.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 06, 2013, 07:14:13 pm
For the Outcome 2 SAC, do we just have to remember cases  for the High Court Interpretation part or do we have to remember specific cases that relate to each of the express rights, specific sections of the constitution, etc.? I'm kinda confused as to which cases to remember because the book that I'm using (Justice & Outcomes) goes into detail with way too many cases, and the content is just all over the place imo. I've been using the AN study guide and studyon which is really helpful though.

1. You must know TWO High Court cases that affected the balance of power between state and Commonwealth parliaments - for 2-5 marks each (3 being most likely), focusing on the impact of the case.

2. You must know ONE High Court case that affected the constitutional protection of rights in Australia - for 2-5 marks (3 being most likely), focusing on the impact on rights protection. This case may concern express rights, the implied right, or one of the structural protections.

3. Any other cases are optional illustrations, and ought to be limited to 1-2 mark answers - students frequently spend WAYYY too long on examples, especially considering you get maybe half to one mark for them.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 08, 2013, 09:38:16 am
Is it vital to know section numbers when talking about restrictions on the comonwealth ans state parliament? And around how many do we need to know for both?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 08, 2013, 10:10:36 am
Is it vital to know section numbers when talking about restrictions on the comonwealth ans state parliament? And around how many do we need to know for both?

Yeah you need to know them and I would know them all if you can just to be safe
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 08, 2013, 03:22:23 pm
Is it vital to know section numbers when talking about restrictions on the comonwealth ans state parliament? And around how many do we need to know for both?

You don't need to know any section numbers apart from ss51 and 109. There is a difference between the minimum knowledge required and the best students, however.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 09, 2013, 12:16:29 pm
Wait.. So voting doesn't come under the implied right of political communication? I believe in the book it says 'Constitutional freedom of political communication protects federal voting'.
Also.. Is the right to vote considered a seperate structural protection, outlined in S41: 'no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.'
This right to vote thing is confusing the hell out of me..
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 09, 2013, 01:02:20 pm
Wait.. So voting doesn't come under the implied right of political communication? I believe in the book it says 'Constitutional freedom of political communication protects federal voting'.
Also.. Is the right to vote considered a seperate structural protection, outlined in S41: 'no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.'
This right to vote thing is confusing the hell out of me..
To my understanding,  the 'right' to vote (I use the term loosely), is structurally protected by representative government. This is why only one of Roach's challenged succeeded and the other failed; elections happen every three and a bit years or something, so if you're in jail for ten years, you aren't a part of society for the political party's term of office, so they aren't representing you. If you're in jail for under three years (this was the legislation reaffirmed in the Roach case), then you will be a part of society for some portion of the party's office, so should be represented. (I could be corrected?)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 09, 2013, 01:06:58 pm
To my understanding,  the 'right' to vote (I use the term loosely), is structurally protected by representative government. This is why only one of Roach's challenged succeeded and the other failed; elections happen every three and a bit years or something, so if you're in jail for ten years, you aren't a part of society for the political party's term of office, so they aren't representing you. If you're in jail for under three years (this was the legislation reaffirmed in the Roach case), then you will be a part of society for some portion of the party's office, so should be represented. (I could be corrected?)
^^^
That's what I learnt.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 09, 2013, 03:39:52 pm
Wait.. So voting doesn't come under the implied right of political communication? I believe in the book it says 'Constitutional freedom of political communication protects federal voting'.
Also.. Is the right to vote considered a seperate structural protection, outlined in S41: 'no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.'
This right to vote thing is confusing the hell out of me..

Yeah Brendan is right on this. The right to vote is structurally protected by representive government. Sections 7 and 24 say that the house of reps and senate shall be directly elected by the people. However the isn't a full right to vote as the commonwealth can put restrictions on this such as kids, mentally ill and people in jail for me than 3 years (because they are considered to not have the same moral values of society)

Yeah if you are using the old key concepts book it still has the right to vote as an implied right but it defiantly isn't. Only implied right is freedom of speech on political matters

That make sense foreveryeti?
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 09, 2013, 03:43:22 pm
Yeah Brendan is right on this. The right to vote is structurally protected by representive government. Sections 7 and 24 say that the house of reps and senate shall be directly elected by the people. However the isn't a full right to vote as the commonwealth can put restrictions on this such as kids, mentally ill and people in jail for me than 3 years (because they are considered to not have the same moral values of society)

Yeah if you are using the old key concepts book it still has the right to vote as an implied right but it defiantly isn't. Only implied right is freedom of speech on political matters

That make sense foreveryeti?
Yeep that makes sense. How about Section 41 though is that relevant at all?
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 09, 2013, 03:48:35 pm
I'd lean towards no, unless you can use it to show off your skills and it's part of a judge's ratio. It's not specified in the study design and tbh I've never heard of it before. Megan should probably answer this question though hahaha
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 09, 2013, 05:06:53 pm
Yeep that makes sense. How about Section 41 though is that relevant at all?

Well i have never heard of section 41 coming up at all in VCE legal - so assuming no.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 09, 2013, 05:12:32 pm
I'd lean towards no, unless you can use it to show off your skills and it's part of a judge's ratio. It's not specified in the study design and tbh I've never heard of it before. Megan should probably answer this question though hahaha

Haha, yes, the Constitution is my true love!

Section 41 was mainly a transitional provision, to decide who got on the federal electoral roll (because some people, such as Aborigines, were allowed in some states but not in others at federation). Don't worry about it for contemporary purposes, and it certainly doesn't guarantee a right to vote.

In the meantime, who wants to join with me in a s44 challenge to kick half the members of parliament out??? (As long as Abbott goes, I'm fine with the collateral damage.)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 10, 2013, 04:19:45 am
Abbott goes
I'm in.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 12, 2013, 11:02:48 am
What would I talk about for these questions? Are they relevant to the course or not?

- Evaluate the extent to which every Australian has the right to vote
- To what extent is the right to vote protected by the constitution?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 12, 2013, 11:57:16 am
What would I talk about for these questions? Are they relevant to the course or not?

- Evaluate the extent to which every Australian has the right to vote
- To what extent is the right to vote protected by the constitution?

Yes very relevant.

1. So this question is asking if we do have the right to vote and then are there any limatations on tis right.
Yes we do have the right to vote under section 24 of the constitution. This section says that the house of reps and the senate must be directlly elected. As a result this is a structural protection as it is protected by the mechanism in the constituiton eg. responsible government But there are limitations to this. The parliament is able to limit certain groups from voting - if it can be justified - thus not a blanket right to vote. For example chilren under 18 can't vote as they are considered not informed/mature enough to be able to make a decision or physically can't (baby can't vote). Also say the mentally disabled. depending on the marks for this question i would also breifly mention the Roach case. In this case Vicki Roach was in prison and challenged the commonwealth's legislation that stopped all prisoners from voting. This was overturned back to the original law that said that prisoners in jail for more than 3 years can't vote. This is the case because it considered that these people have a different view of society and don't necessarily represent society morally.

2. This is quite similar to the first question.

Hope that helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 12, 2013, 12:21:42 pm
Thanks for that :)
So we have to know about the right to vote?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 12, 2013, 12:45:32 pm
Thanks for that :)
So we have to know about the right to vote?

Yes!!!!
And don't say it is an implied right, it isn't. It is a structural protection.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 12, 2013, 12:55:27 pm
Dang. :/
Can you please explain the whole right to vote thing? There's so much in there and I'm just confused. My teacher, whose an assessor, said that we should just be able to explain at least 2 examples of structural protection, so I avoided this one
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 12, 2013, 09:52:06 pm
Dang. :/
Can you please explain the whole right to vote thing? There's so much in there and I'm just confused. My teacher, whose an assessor, said that we should just be able to explain at least 2 examples of structural protection, so I avoided this one

Don't worry, you don't need voting as an example of rights protection. It is *one* example of a structural protection, but there are plenty of others. You need one example at least, but two would be safer (as your teacher says). If you really struggle with the system of representative government protecting voting, then pick another :)

Basically, our Constitution establishes a democratic system of representative government - this is through the whole of Chapter 1, but specifically in ss7 and 24 which provide for the direct election of both houses of federal parliament by the people. If the people vote for parliament, then the system is democratic; if the Constitution is the thing that says the people vote for parliament, then the Constitution sets up that democratic system. One of the structural protections afforded by the Constitution is therefore the democratic system of representative government.

Remember that representative government *doesn't* mean just doing what the majority wants. Representative government really, traditionally, means speaking on behalf of the people regardless of which point of view you express: being chosen by them. Therefore, if parliament wants to be truly representative they can't speak only on behalf of a few people in society, or be chosen by only a few people in society. If voting was cut entirely, or limited to only a small percentage of people, the parliament wouldn't be truly representative or truly democratic because they would not have been chosen by the people as a whole to speak on behalf of the people as a whole.

This is why fair elections, involving a significant percentage of the people, are protected structurally by the Constitution. Each individual doesn't have the right to vote (which is why there is no right to vote), but the community as a whole is protected from the abuse of government power by having fair and regular elections in which the vast majority of the people get to participate. Even if you personally don't have the right to vote, as a member of the community you are protected by the democratic system of representative government.

Hence, laws banning too many people from voting for what the HCA thought were insignificant or unsubstantial reasons were (eg in Roach) held to be invalid.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on April 13, 2013, 09:33:36 pm
Is an unentrenched* bill of rights the same as a statutory bill of rights.?

Edited
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 13, 2013, 10:40:29 pm
Is an entrenched bill of rights the same as a statutory bill of rights.?



No!!
An entrenched bill of rights is one that is found within the constitution eg USA
A statutory bill of rights is one that is found within legistion passed through parliament eg NZ
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on April 13, 2013, 10:49:20 pm
No!!
An entrenched bill of rights is one that is found within the constitution eg USA
A statutory bill of rights is one that is found within legistion passed through parliament eg NZ

omg sorry!!! i meant UNENTRENCHED*
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 13, 2013, 11:42:37 pm
omg sorry!!! i meant UNENTRENCHED*

Oh ok :p
Constitution/entrenched bill of rights means it is found within the constitution
Unentrenched means not found within constitution
Statutory means legislation passed through parliament

So yeah the same :)
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on April 14, 2013, 08:57:24 am
Oh ok :p
Constitution/entrenched bill of rights means it is found within the constitution
Unentrenched means not found within constitution
Statutory means legislation passed through parliament

So yeah the same :)

Ok fantastic ty
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 14, 2013, 01:49:25 pm
Ok im studying Canadas constitutional approach to protecting rights. What exactly do I need to know? There are a lot of express rights listed, am I supposed to know all of them?? And is the cjarter of rights and freedoms their bill of rights? In the justice and outcomes textbook theres so much detail on things like pre-legislative scrutiny, overriding provision, advisory opinions,etc. Do we need to know this all in detail??

 Information overload.. I'm confused :/
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 14, 2013, 02:34:47 pm
Ok im studying Canadas constitutional approach to protecting rights. What exactly do I need to know? There are a lot of express rights listed, am I supposed to know all of them?? And is the cjarter of rights and freedoms their bill of rights? In the justice and outcomes textbook theres so much detail on things like pre-legislative scrutiny, overriding provision, advisory opinions,etc. Do we need to know this all in detail??

 Information overload.. I'm confused :/

I didn't do Canada but as a guide you need to know
- how rights are protected, do they have a bill of rights, is it in constitution or legislation
- what kind of rights are protected eg democratic, social rights
- how are te rights enforced, can judges declare legislation invalid if they contradict rights
- how can rights be changed eg referendum

Yeah need to know quite a bit of info on this because if a question is asked it is generally a comparison between your country and Australia
Hopefully someone can answer your questions specifically on Canada
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 03:53:52 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 03:58:11 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?

I think you have to remember the sub section no. because the "external affairs" power isn't just in s51; plus you have to be specific when mentioning it because there are many sub sections in S51 of the Constitution.
My teacher just said to remember the section that is interpreted because it's important to know why and the impact on that power. But always double check with your teacher :D
When's your AOS2 sac?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 04:05:49 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?
Yes you really need to put in the subsections because as already stated there are many subsections in section 51. For example if you look t the aboriginal referendum this Oneida section 51 subsection xxvi
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 04:17:17 pm
In the Tasmanian dam case the High Court was called on the interpret the words "external affairs" in S51(xxix) of the Constitution.

When referencing the Constitution sections, are we required to remember the (xxix) part or just the section S51?
My teacher says its not necessary to remember specific subsections (for the sacs, although this may depend upon your teacher), but it is probably good to remember it because you'll need it for the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: redlynk on April 21, 2013, 04:32:47 pm
my legal  studies teacher has required us to know two other countries constitution for our next sac which two would be the easy examples  to remember?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 04:43:22 pm
my legal  studies teacher has required us to know two other countries constitution for our next sac which two would be the easy examples  to remember?



Ummm why two countries? You only need to know one in detail.
Aren't you doing it class or is your teacher making you do all the work? - which is a bit unfair

My teacher says its not necessary to remember specific subsections (for the sacs, although this may depend upon your teacher), but it is probably good to remember it because you'll need it for the exam.

Its also kinda one of those things where markers can potential separate you from someone who has put the subsections in, just shows a greater depth of knowledge.
If you know them put them in.
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 04:49:20 pm
I think you have to remember the sub section no. because the "external affairs" power isn't just in s51; plus you have to be specific when mentioning it because there are many sub sections in S51 of the Constitution.
My teacher just said to remember the section that is interpreted because it's important to know why and the impact on that power. But always double check with your teacher :D
When's your AOS2 sac?

Alright thanks. I guess I'll remember them to err on the side of caution. My SAC is on Tuesday and my teacher has been away since the end of last term  :-\
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 04:52:13 pm
My SAC is on Tuesday and my teacher has been away since the end of last term  :-\
Good Luck on your sac! Is it on the constitution only?
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 05:28:59 pm
Good Luck on your sac! Is it on the constitution only?

Yep, we're leaving the Protection of Rights for the next SAC.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 05:52:40 pm
Alright thanks. I guess I'll remember them to err on the side of caution. My SAC is on Tuesday and my teacher has been away since the end of last term  :-\

Oh, that sucks. I hope you do well, though.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 21, 2013, 06:21:59 pm
Sections and subsections (apart from ss109 and 128) aren't required for the exam. SACs: teacher rules.

Every bit of detail you have that is relevant and used effectively adds to your answer, but you get no bonus marks or credit for having sections or subsections. Focus on good analysis first - this is the bit most people miss, concentrating on dates, facts and numbers.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 06:30:32 pm
^ Well i always got told it was important for the exam, and my teacher is an examiner. oh well
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 06:32:46 pm
^ Well i always got told it was important for the exam, and my teacher is an examiner. oh well

Yeah, same. My teacher is very pedantic about details, but I guess subsections aren't that hard to remember.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 06:39:48 pm
Yeah, same. My teacher is very pedantic about details, but I guess subsections aren't that hard to remember.
I always get mixed up with S51 xxxi and S51 xxix LOL
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 06:44:18 pm
I always get mixed up with S51 xxxi and S51 xxix LOL

Really? It's ingrained in my brain that ix is 9 so I remember it without fail. As for the others, my teacher says that it's not that much of a problem if you write out the number instead of the roman numeral. I don't know if it applies for the exam as well but I guess it wouldn't really be detrimental if you've answered the question properly.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on April 21, 2013, 06:56:46 pm
Really? It's ingrained in my brain that ix is 9 so I remember it without fail. As for the others, my teacher says that it's not that much of a problem if you write out the number instead of the roman numeral. I don't know if it applies for the exam as well but I guess it wouldn't really be detrimental if you've answered the question properly.
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 21, 2013, 07:11:21 pm
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P

Fair enough, haha.
Title: Re: VCE Legal Studies Question Thread
Post by: alkj2poivauu3q5oi on April 21, 2013, 08:13:26 pm
Does anybody know how the High Court "acts as a guardian of the Constitution"?

It seems pretty vague from what I've read - influencing the day-to-day application of the Constitution and ensuring that it remains to the Australian people. Would this just be a long winded way of saying they refer to the Constitution in cases that come before them?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 21, 2013, 08:17:11 pm
Does anybody know how the High Court "acts as a guardian of the Constitution"?

It seems pretty vague from what I've read - influencing the day-to-day application of the Constitution and ensuring that it remains to the Australian people. Would this just be a long winded way of saying they refer to the Constitution in cases that come before them?

Yeah kinda. Well yes they are the guardian because they protect society from the tyranny of parliament. This is because they can declare any piece of legislation ultra vires if it contradicts with the constitution, thus limiting parliament power.
However they aren't the best of guardians because they can't do this whenever they like, this can only be done if an inividual or group willingly questions the piece of legislation to the high court, which is very expensive and very time consuming, thus there could be legislation out their that contradicts the constitution but no one has questioned it :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 22, 2013, 10:01:17 am
According to my teacher, we would get penalized for putting in the subsection, then getting it wrong, so I'd rather not put in the subsection in the first place. :P

Not true. Don't worry about it. (Obviously don't go to the other extreme of chucking in a whole lot of random guess material, either, though!)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 22, 2013, 04:29:35 pm
OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 22, 2013, 05:07:21 pm
OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D

Congrats dude :) very well done

Now worries happy to help

Keep asking questions guys :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 22, 2013, 07:17:43 pm
Just a question, did the brislan and tasmanian dam cases result in a shift from residual powers to concurrent power or exclusive power?

OHMYGOD!! I received my AOS2 SAC1a results back and I'm so stoked. Can't believe I full marked it.
Thanks to everyone on this board :D
Whoa, congratulations!! :D
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 22, 2013, 07:31:58 pm
Just a question, did the brislan and tasmanian dam cases result in a shift from residual powers to concurrent power or exclusive power?
Whoa, congratulations!! :D


I had been told it was concurrent power. This is the reasoning:
- Electricity, water and dams was a residual power
- Commonwealth though could legislate there because it was a international heritage site and under external affairs could pass law to uphold international treaties it had signed
- Thus now they can both make law in this


However I do know of others that say its exclusive, but I don't agree and neither did my teacher who is an examiner.

Pretty sure its concurrent
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 22, 2013, 07:44:52 pm
I had been told it was concurrent power. This is the reasoning:
- Electricity, water and dams was a residual power
- Commonwealth though could legislate there because it was a international heritage site and under external affairs could pass law to uphold international treaties it had signed
- Thus now they can both make law in this


However I do know of others that say its exclusive, but I don't agree and neither did my teacher who is an examiner.

Pretty sure its concurrent

Yeah that's what I'm thinking too. How about Brislan?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 22, 2013, 07:47:16 pm
Also, Why has it been necessary for the High Court to interpret the Constitution?
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 22, 2013, 07:54:11 pm
Re; concurrent/exclusive -- from memory, this is one of the most ambiguous things in the course. I can't even answer the question with confidence, but I remember being marked down by my teacher for this in a SAC, but then earning myself a mark by debating it, quite heatedly,  from 3pm-3.40pm. I can't remember what I said and what he said, though.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 22, 2013, 08:01:45 pm
Yeah that's what I'm thinking too. How about Brislan?

Brislan becomes a concurrent power. Originally it was thought to be a residual but the high court found that it comes under other forms of communication in section 51(v).

Also, Why has it been necessary for the High Court to interpret the Constitution?

One reason is to ensure that the parliament of the day is making laws that it isn't allowed to. No point having a constitution that stops them from doing something if it isnt enforced.
Another reason is to keep up with the times, for example the Brislan case. section 51(v) only mentions telegraphic, telephonic and postal and other like services, so know they need to interepret what other like services are currently available today but not back then. \
Another reason is also to determine if there are any other implie rights in the constitution.


Aaand thats all i can think of off the top of my head at the moment :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on April 23, 2013, 07:01:23 pm
Hey how would i go about answering these? I don't need a full answer, just maybe what I should be including to get the required marks?

1. In Australia, methods and processes exist to enable a change to the division of law-making powers between Commonwealth and State Parliaments.
Identify one method of changing constitutional power and analyse its impact on the division of law-making powers. [5 marks]

For the analyse bit of this question I thought you just analysed the strengths and weaknesses of this method in relation to it's impact on the division of law-making powers. Is this correct or not?)

2. ‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’
Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of how law-making powers are divided between State and Commonwealth Parliaments by the Commonwealth Constitution. [10 marks]

For this question I just talked about one way that lawmaking powers are divided, but for some reason I didn't mention the other two. My teacher said I had to mention all three.. Is that correct?)

3. “Australia’s approach to the constitutional protection of democratic and human rights is different from, and not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New Zealand and South Africa”.
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of Australia’s Constitution is in protecting democratic and human rights. [8 marks]

For this question I just talked about a similarity/difference between Australia and canada and whether this was a strength or weakness on Australia's behalf. I did this for 4 different things, since the question was out of 8. Is that all I do or should I also mention whether or not australia is more/less effective and why at the beginning or end??


Sorry for all the question! My sac is tomorrow and I'm just trying to clarify some doubts.
Thanks

Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 23, 2013, 07:13:57 pm
Hey how would i go about answering these? I don't need a full answer, just maybe what I should be including to get the required marks?

1. In Australia, methods and processes exist to enable a change to the division of law-making powers between Commonwealth and State Parliaments.
Identify one method of changing constitutional power and analyse its impact on the division of law-making powers. [5 marks]

For the analyse bit of this question I thought you just analysed the strengths and weaknesses of this method in relation to it's impact on the division of law-making powers. Is this correct or not?)

2. ‘It is very difficult to change the way law-making powers are divided between the State and Commonwealth Parliaments.’
Discuss the above statement and indicate the extent to which you agree with it, giving reasons for your answer. Include in your answer an explanation of how law-making powers are divided between State and Commonwealth Parliaments by the Commonwealth Constitution. [10 marks]

For this question I just talked about one way that lawmaking powers are divided, but for some reason I didn't mention the other two. My teacher said I had to mention all three.. Is that correct?)

3. “Australia’s approach to the constitutional protection of democratic and human rights is different from, and not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New Zealand and South Africa”.
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of Australia’s Constitution is in protecting democratic and human rights. [8 marks]

For this question I just talked about a similarity/difference between Australia and canada and whether this was a strength or weakness on Australia's behalf. I did this for 4 different things, since the question was out of 8. Is that all I do or should I also mention whether or not australia is more/less effective and why at the beginning or end??


Sorry for all the question! My sac is tomorrow and I'm just trying to clarify some doubts.
Thanks





1. Yeah this is right. So a strength of that method would be good at changing powers but a weaknesses of the method will be not so good.
Forx example one strength of using referendums to change law-making powers is that through the double majority provision it ensures only those changes that are made have the confidence and overwhelming support of the majoiryt of people in the majority of states, ensuring parliament can't give themselves power when they wish. However a weakness is that the earliest this can be done is 2 months after it being annouced because of the strict and rigid formula that must be upheld, which can be bad if a quick change is needed.

2. Done this question before and how I go about it is by saying that it depends what method is used to change division of law-making powers. Then go on about the strengths and weaknesses of each method. As it is 10 marks you have to mention all 3 and how the powers are dividied, remember for a 10 mark question you are looking at at least 3 full pages of writing.

3. Careful with this question because the are actually 2 different parts to it.
The first part says to compare the two approches so for 4 marks i would mention maybe 2 similiarities and 2 differences.
The second part says to evaluare so this here is when you look at the strengths and weaknesses of aus compared to canada and give an overall statement.


Does this make sense?
Good luck for you, let me know how you go :)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 27, 2013, 08:53:05 pm
When answering HC impact questions, how much detail should I put into the facts of the case?
Or should i just go straight to the impact, eg- in the Franklin Dams case the cwth's powers were greatly expanded, and so forth.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on April 27, 2013, 08:57:21 pm
When answering HC impact questions, how much detail should I put into the facts of the case?
Or should i just go straight to the impact, eg- in the Franklin Dams case the cwth's powers were greatly expanded, and so forth.

I think it's important to be concise and not put in unnecessary info. For example, know the Act that was passed, why there was an argument between the Cth and the Tasmanian government, the section interpreted, the finding and finally the impact. It's also important to say the effect on the powers. Actually, just shoot us a paragraph and we'll see if you need to put more info or cut it down.
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 27, 2013, 09:22:47 pm
It'd depend how many marks were allocated. I would allocate a minority of the marks to the facts of the case. And just be wary you don't allocate marks to 'show off' things, which are great, but aren't necessary to earn you marks.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 27, 2013, 10:59:29 pm
When answering HC impact questions, how much detail should I put into the facts of the case?
Or should i just go straight to the impact, eg- in the Franklin Dams case the cwth's powers were greatly expanded, and so forth.

You should always have 2 maybe 3 lines depending on the wording of the question.
If you find yourself writing a paragraph just on the facts, you are going to far.

and also don't jump straight into the impact because most times there is at least 1 mark for the facts and the link of the facts to the impact.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on April 28, 2013, 07:13:52 pm
Thanks guys.
Just another question, this sac is 50 marks and goes for 100 minutes, any tips for time management?
Should i plan out the 8 mark Questions?
TY in advance
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on April 28, 2013, 07:16:46 pm
You've got two minutes a mark, you'll be fine :P
Simply, don't write more than you need to per question, stick to a general 'two minutes or less' time limit per mark... If you start to exceed this time limit by too much, you're probably getting emotionally invested in making sure your answer for that particular question is perfect, whereas you should rationally move on to maximise your marks.
I never planned my evaluations because it was always
Strength-Wkn
Str-Wkn
Str-Wkn
Str-Wkn

No need to play when you do the same thing every time ;)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on April 28, 2013, 07:19:53 pm
Thanks guys.
Just another question, this sac is 50 marks and goes for 100 minutes, any tips for time management?
Should i plan out the 8 mark Questions?
TY in advance


First of all dont make mistake others do (applies for all sacs and exams), you dont have to do the sac in order. Do questions you know for sure first.
Yes plan out the question just to make sure you answer everything but dont spend like more than 30 seconds on this a minute tops.
You should be alright because that means you have 2 minutes for one mark.
Some teachers are very picky in terms of stating the correct sections of constitution and acts of parliament so be careful of that.
Make you sure understand what each action word means eg. describe, evaluate, explain ......

Apart from that should be good

Good luck and let as know how you go :)

edit: damn beaten
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 06, 2013, 11:40:41 am
I am puzzled by this question: How can judges make law?
Title: Re: VCE Legal Studies Question Thread
Post by: hjm2 on May 06, 2013, 12:12:26 pm
I am puzzled by this question: How can judges make law?
Precedent and statutory interpretation. Exchange the word "judges" for "courts" if that helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on May 06, 2013, 12:17:20 pm
I am puzzled by this question: How can judges make law?
(I'll focus conceptually on giving you some clarity and not on giving you an ace answer of how judges make law)
Firstly, by their interpretation of the law. This one might be a little bit "Ohhhh, but are they realllllllly MAKING law, or just interpreting it?" - I think both in theory and practice the judges are making the law. As it suggests, this is where there is already a statute, and in the judge's interpretation of the words (or perhaps even the intentions) of the parliamentary law-makers can create a 'new' law. My very favourite case example is the 'studded belt case' or Deing V Tarola. Police charged a man in a McDonald's (totally irrelevant, I just think it's funny that it happened in Macca's) who was wearing a studded belt with spikes coming off it that could probably do some damage. The legislation at the time defined 'weapon' as something that could do harm, which provided a very broad interpretation of what a weapon was. The court ruled that a weapon should be defined by the user's intention to use the item as a weapon. So the law effectively changed through the court's decision. If the law is changed, it is fitting that we can refer to the first law as Law A, and the second law as Law B. If we accept that two different laws have come from the one statute, we must ask the question "but who made the second law?" The answer has to be courts.
**If you aren't convinced there were two laws after the decision, consider a builder with a hammer on his belt walking back to a building site. Under Law A, he could possibly be charged with a weapon. Under Law B, he wouldn't be, because his intentions are not to bash someone's knees in, rather hammer some nails back on the building site.

Judge's also make laws through their decision on cases in which there is no relevant legislation. This is done through their reasons for their decisions. (What follows is heavily based off of a real world case, however I don't know the details etc so we'll just talk hypothetically) -> When camera phones came out, there were obviously no laws surrounding the immoral use of mobile phones. Let's say someone took an 'upskirt' photo using their mobile of a woman walking down the street, and the woman took the man/woman who took the photo to court. Without a relevant law to decide on, the judge is effectively made redundant, right? Wrong! Because a judge can make a law here and say "Nah, upskirting is pretty dog, I'm going to say the plaintiff wins, here is the reason for my decision". If parliament then doesn't recognise the need for legislative law and it happens again, the next court can go "oh, it seems a previous court has already made a law surrounding cases like this. The provided a reason for their decision. I agree/am forced to agree with that judge. The plaintiff wins". This is a very layman's introduction to the doctrine of precedent.

So: Through interpreting statutes. Through making decisions in cases where there is no relevant statute.
Does that fix your conundrum?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on May 06, 2013, 04:56:15 pm
Good luck and let as know how you go :)
Had my sac today and finished on 5 minutes early, allowing to re-read my answers.
BTW if anyone wants a practice sac on the constitution PM me. Thank you for your help guys
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 06, 2013, 06:33:37 pm
Oh, okay so pretty much interpretation of the law and creation of precedent?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 06, 2013, 10:31:31 pm
Oh, okay so pretty much interpretation of the law and creation of precedent?

Not really. The definitions they develop when interpreting legislation create precedent, AND the new rules they develop (such as negligence) when there is no legislation also create precedent.

Precedent just means court-made law: it covers both.

(Brenden, you're awesome.)
Title: Re: VCE Legal Studies Question Thread
Post by: brenden on May 07, 2013, 04:36:12 am
(http://jeninesilos.writeforacause.org/wp-content/uploads/2012/10/cute-meme1.jpg)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 08, 2013, 09:19:05 pm
how would i go about answering this question:
Explain the importance of judges and courts in law making (5 marks)?
To me the whole question seems kinda vague, do I explain the entire process in detail, including precendents, cases, etc. or do I just explain in general terms..
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 08, 2013, 09:55:00 pm
how would i go about answering this question:
Explain the importance of judges and courts in law making (5 marks)?
To me the whole question seems kinda vague, do I explain the entire process in detail, including precendents, cases, etc. or do I just explain in general terms..

This question is asking about how do judges make law, and is it really important.
From my interpretation this is how i would break down the question:

I think the first part is worth 2 marks about why it is important for judges to make law, thus explaining how important they are.
State two maybe three of either legislation wording changes over time, legislation may be ambigious, developments in technology not covered by law and there are others. Also maybe chuck in one example.

Then I think for 3 marks you would explain how important the way they make law is. Thus explaining how they make law through precedents and statutory interpretation. Also because its asking about their importance I would also mention things they can do that parliament doesnt really eg. make very specific laws, once they have a case it is a quick process, dont have to have consultations with public etc.


Tbh there is probably many ways you could answer this question and that would be mine, hope that helps some what :)
Title: Re: VCE Legal Studies Question Thread
Post by: staceyanne1 on May 13, 2013, 10:46:40 pm
Hi, i'm in year 11 taking my first 3/4 subject so I'm not sure how study scores work.
 

What would I have to get on upcoming SACS and the end of year exam in order to get a 45 in legal studies considering that I have gotten 92% on SAC1, and then I bummed out and got an 82% on SAC2?

Any help would be appreciated

Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 13, 2013, 10:55:17 pm
Hi, i'm in year 11 taking my first 3/4 subject so I'm not sure how study scores work.
 

What would I have to get on upcoming SACS and the end of year exam in order to get a 45 in legal studies considering that I have gotten 92% on SAC1, and then I bummed out and got an 82% on SAC2?

Any help would be appreciated



Hey, welcome

As you will read your rank counts more, however when you want 45 + you dont want to lose too many marks.
Those are good marks dont worry too much about it as sacs may go up if you are in a strong cohort.

For legal you need to do well on the exam. You need a high A (1 mark off a A+) at least to have a chance at.

I got A+ in my sacs overall for unit 3 and unit 4 and an A on the exam - i stuffed up the exam, 1 mark off an A+.

I ended with 42.

Just do the best you can :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 15, 2013, 03:43:15 pm
For the question on ways to avoid precedents, would we need to know a case for each one, e.g. a case for overruling, etc.? Also in how much detail do  we need to know the AON risk services Australia Ltd. v Australian National University case?

This question is asking about how do judges make law, and is it really important.
From my interpretation this is how i would break down the question:

I think the first part is worth 2 marks about why it is important for judges to make law, thus explaining how important they are.
State two maybe three of either legislation wording changes over time, legislation may be ambigious, developments in technology not covered by law and there are others. Also maybe chuck in one example.

Then I think for 3 marks you would explain how important the way they make law is. Thus explaining how they make law through precedents and statutory interpretation. Also because its asking about their importance I would also mention things they can do that parliament doesnt really eg. make very specific laws, once they have a case it is a quick process, dont have to have consultations with public etc.


Tbh there is probably many ways you could answer this question and that would be mine, hope that helps some what :)
Also thanks for this answer i completely forgot about it.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 15, 2013, 03:49:58 pm
For the question on ways to avoid precedents, would we need to know a case for each one, e.g. a case for overruling, etc.? Also in how much detail do  we need to know the AON risk services Australia Ltd. v Australian National University case?
Also thanks for this answer i completely forgot about it.

In the study design it says you need to know 1 referendum and 2 high court cases - they are the only cases you actually need to know. Everything else is optional. However you should know the Roach case and 1 maybe 2 cases for implied right. So to answer your question only if you think it wil help you to explain the answer.

Also I have never heard of that case so cant comment :P
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 15, 2013, 04:10:59 pm
What's an A+ grade for Legal? 95 and above?
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 15, 2013, 04:43:14 pm
What's an A+ grade for Legal? 95 and above?
I think it depends on the year, last year for
GA1 (Unit 3 Sacs) it was 93-100
GA2 (Unit 4 Sacs) it was 94-100
GA3 (Exam) it was 121-140 (out of 140) which translates to about 86% i think.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 15, 2013, 07:00:39 pm
What's an A+ grade for Legal? 95 and above?

I think abominablemowman last year it was 122/140. The thing with legal is that it very rarely changes much from this number may go up or down 1 but thats about it.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 15, 2013, 08:05:04 pm
I think it depends on the year, last year for
GA1 (Unit 3 Sacs) it was 93-100
GA2 (Unit 4 Sacs) it was 94-100
GA3 (Exam) it was 121-140 (out of 140) which translates to about 86% i think.

Thanks for the replies. I'm glad that I'm faring well in this subject. Woo. Almost had a heart attack.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 15, 2013, 10:10:38 pm
So I have a SAC tomorrow and I'm really confused about this one part..
My teacher says that we have to use Mabo and Wik as an example for a question on doctrine of precedent (because it's the most recent), but I don't understand how Mabo set a precedent for Wik..
This whole Native title and Pastoral Leases thing confuses me.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 15, 2013, 11:19:19 pm
So I have a SAC tomorrow and I'm really confused about this one part..
My teacher says that we have to use Mabo and Wik as an example for a question on doctrine of precedent (because it's the most recent), but I don't understand how Mabo set a precedent for Wik..
This whole Native title and Pastoral Leases thing confuses me.

Before Mabo the law was that people could own property by purchasing the 'Torrens Title' (a piece of paper registered with the government) to it. This law was made by parliament, thus contained in legislation.

The reason why the current parliament has the authority to decide who owns the land in Australia and who doesn't (and what you have to do to own it) is because when the British settled Australia they treated it as unoccupied land and thus free for the taking. This 'unoccupied land' bit is known as the principle of 'terra nullius'.

In the Mabo case the High Court decided that there was *another* way people could own land, in addition to the Torrens Title legislation: this was through showing they owned it (by living on it) since before the British arrived, and had not stopped living on it since (as a community). They called this 'Native Title' and created it as a *court-made law* that existed as well as the parliament-made law.

In order to do this they overturned the assumption of 'terra nullius' and decided Australia WAS occupied at British settlement. They changed it from 'taking land belonging to no-one' to 'conquering land belonging to someone' - and, therefore, any part of the land that had not properly been "conquered" still belonged to the same people who owned it before.

The precedent was therefore essentially the concept of native title.

The Wik case relied on this precedent, and then asked that the High Court clarify more specifically when native title ownership could be recognised and when it couldn't in situations where it appeared to clash with statutory ownership/use. Without having the precedent of native title to rely on in the first place, there would be no clash with statutory ownership/use and thus no reason for the case :)

Honestly, though - it's like a 1 mark example you can use in a few instances but don't HAVE to use anywhere. Don't stress about the little details.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 16, 2013, 11:58:05 am
Before Mabo the law was that people could own property by purchasing the 'Torrens Title' (a piece of paper registered with the government) to it. This law was made by parliament, thus contained in legislation.

The reason why the current parliament has the authority to decide who owns the land in Australia and who doesn't (and what you have to do to own it) is because when the British settled Australia they treated it as unoccupied land and thus free for the taking. This 'unoccupied land' bit is known as the principle of 'terra nullius'.

In the Mabo case the High Court decided that there was *another* way people could own land, in addition to the Torrens Title legislation: this was through showing they owned it (by living on it) since before the British arrived, and had not stopped living on it since (as a community). They called this 'Native Title' and created it as a *court-made law* that existed as well as the parliament-made law.

In order to do this they overturned the assumption of 'terra nullius' and decided Australia WAS occupied at British settlement. They changed it from 'taking land belonging to no-one' to 'conquering land belonging to someone' - and, therefore, any part of the land that had not properly been "conquered" still belonged to the same people who owned it before.

The precedent was therefore essentially the concept of native title.

The Wik case relied on this precedent, and then asked that the High Court clarify more specifically when native title ownership could be recognised and when it couldn't in situations where it appeared to clash with statutory ownership/use. Without having the precedent of native title to rely on in the first place, there would be no clash with statutory ownership/use and thus no reason for the case :)

Honestly, though - it's like a 1 mark example you can use in a few instances but don't HAVE to use anywhere. Don't stress about the little details.
Thank YOUUU :D
My teacher said that we had to remember mabo and wik for the SAC :(
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 16, 2013, 05:31:51 pm
Hey just received my part b of my Constitution SAC and I lost marks on this question:

"Define referral of powers. Discuss how the referral of powers is limited in altering the division of law-making powers between the State and the Commonwealth Parliaments."  4 marks.

I defined referral of powers and a mark but I was quite lost as to what the other 3 marks were for.
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 16, 2013, 06:06:07 pm
Hey just received my part b of my Constitution SAC and I lost marks on this question:

"Define referral of powers. Discuss how the referral of powers is limited in altering the division of law-making powers between the State and the Commonwealth Parliaments."  4 marks.

I defined referral of powers and a mark but I was quite lost as to what the other 3 marks were for.

The other 3 marks would have been for answering the second part of the question - "discuss how the referral of powers is limited in altering the division of law-making powers between states and commonwealth"

You could have said:
- It is up to the states to first give the commonwealth their power, even if another state does they don't have to
-It is also limited if only a few of the states do it, this then possibly results in varying laws just as if the states still had the power, only really works well if all states refer power
-States are very sceptical and dont want to limit their power at all and have the commonwealth control another aspect of law making thus very reluctant to give them away.

Also your teacher may have had 2 marks allocated for the definition. :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 16, 2013, 06:36:42 pm
The other 3 marks would have been for answering the second part of the question - "discuss how the referral of powers is limited in altering the division of law-making powers between states and commonwealth"

You could have said:
- It is up to the states to first give the commonwealth their power, even if another state does they don't have to
-It is also limited if only a few of the states do it, this then possibly results in varying laws just as if the states still had the power, only really works well if all states refer power
-States are very sceptical and dont want to limit their power at all and have the commonwealth control another aspect of law making thus very reluctant to give them away.

Also your teacher may have had 2 marks allocated for the definition. :)

Oh. okay. That's very clear. I don't know why I wrote something different  on the SAC when I knew this. :/
Thanks for answering :)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 16, 2013, 07:08:19 pm
Oh. okay. That's very clear. I don't know why I wrote something different  on the SAC when I knew this. :/
Thanks for answering :)

No worries
Dont worry too much about it, hopefuly you got everything else right.

Better to make the mistake now so you will defs remember for the exam :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 16, 2013, 08:27:36 pm
No worries
Dont worry too much about it, hopefuly you got everything else right.

Better to make the mistake now so you will defs remember for the exam :)

Thanks. :) That's a good point. I'll definitely know not to write something stupid.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on May 16, 2013, 09:44:11 pm
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 16, 2013, 10:00:05 pm
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50


Hey that is still a really good mark dont sweat on it :)

if i was you i would go and see your teacher and ask what you needed to add to the questions you got wrong.
And that s.109 question was from last years exam and a lot of people didnt do too well.


Just make sure you figure out what went wrong. Did you just not know the information or did you have trouble explaining your answer?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 17, 2013, 02:53:28 pm
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50

Just wondering - in what context did you mention the president? I assume this was the comparison of approaches to rights protection...
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 18, 2013, 10:49:31 am
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 18, 2013, 11:00:42 am
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.
We had to learn it for our SAC, so I'm assuming its required.. although not too sure. We had to learn everything about statutory interpretation, reasons, methods, etc
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 18, 2013, 11:12:58 am
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.

As it isn't specifically stated this means you wont get a question directly asking it eg. what are extrinsic materials. This is for the exam your sac maybe different.
However in them you may get a question in which these methods may help you explain your answer, so yes I would still know them. Saying that though I cant remember a VCAA question where I used these methods, but better than sorry and anyway they arent to hard to remember.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on May 18, 2013, 05:42:16 pm
Just wondering - in what context did you mention the president? I assume this was the comparison of approaches to rights protection...
Yeah how USA doesn't have responsible government.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 19, 2013, 09:39:29 pm
Yeah how USA doesn't have responsible government.

Ohh, makes sense. Just two quick things: the USA doesn't have responsible government but they still do have accountability measures, so just double-check the point you're making re rights protection; and the focus is on the approach taken (eg the existence of structural protections in general) rather than individual rights or protections, so again just double-check to make sure you're not comparing the specific protections themselves :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 25, 2013, 08:25:13 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 25, 2013, 08:53:12 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?

I think you can talk about when they are able to make laws and when they are not able to make laws. Depending on the question, you might want to say that courts don't just make or change laws without the need to.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 25, 2013, 08:53:48 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute

And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on May 25, 2013, 10:55:58 pm
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute

And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)

Yeah ability if effectiveness. Its pretty much asking can courts make law? yes or no. And because it isn't an evaluate/critically evaluate question you aren't required to give the weakness of a strength.

Also I wouldn't say that courts can make/change laws quickly especially when they are compared to parliament, they can potential do it in a day.
Another point you can see is yes they have the ability to make law but this is a very specific and narrow area of law as they can only make law related to the case; cant make wide sweeping changes.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 26, 2013, 04:21:40 pm
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?

'Discuss' means much the same as evaluate, analyse, etc, so have a look at both sides of the argument.

Effectiveness in terms of courts means both their ability to make law AND their desirability as law-makers - so those two components really opens it up.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 27, 2013, 04:32:36 pm
Ok so this is what I think are the typical questions for the DPs of aos3. My SAC is tomorrow, so I guess this is good revision for me. If there's anything I missed out on, or included that shouldn't have been, correct me!

• the ability of judges and courts to make law
      -  comment on the judge's ability to make law WHAT DO I TALK ABOUT HERE? :s is it just the 2 ways courts can make law and limitations on this ability?
      -  how are judges limited in their ability to make law?
      -  explain the process of lawmaking by courts (2 ways and elaborate on them)
      -  discuss the ability of courts to change the law

• doctrine of precedent
      - critically evaluate the process of doctrine of precedent; when mentioning RODD, do I always have to define them all?

• statutory interpretation
      - explain reasons for statutory interpretation
      - what are some effects of statutory interpretation?

• parliament and the courts
      - explain the relationship between parliament and the courts in lawmaking
      - critically evaluate courts as lawmakers

is there anything I missed out on that I could potentially be asked?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 27, 2013, 05:53:41 pm
Quote
WHAT DO I TALK ABOUT HERE? :s is it just the 2 ways courts can make law and limitations on this ability?
Yes. But you can also be asked whether judges should or shouldn't make law. Eg. Courts should not be able to change law. Here, you're meant to use the info just for a normal question but you have to have a contention or a judgement where you can say that although judges can change laws, they do not do it as often as Parliament because their main role is dispute resolution.

Quote
when mentioning RODD, do I always have to define them all?
Yes, I think you have to if it is a "critically evaluate" question because you have to explain how judges can be flexible. However, one must note that disapproving doesn't really offer flexibility.

Okay, here are some potential questions:
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 27, 2013, 06:09:46 pm
Yes. But you can also be asked whether judges should or shouldn't make law. Eg. Courts should not be able to change law. Here, you're meant to use the info just for a normal question but you have to have a contention or a judgement where you can say that although judges can change laws, they do not do it as often as Parliament because their main role is dispute resolution.
Yes, I think you have to if it is a "critically evaluate" question because you have to explain how judges can be flexible. However, one must note that disapproving doesn't really offer flexibility.

Okay, here are some potential questions:
  • To what extent are judges bound to follow binding precedent in similar fact situations? Justify your answer.
  • The courts should not be allowed to make laws - Kate, Brunswick. Justify your answer whether the courts should or should not be able to make laws.
  • Explain a judge's role in regards to statutory interpretation. Why do judges have to interpret statutes? In your explanation, explain the effects of statutory interpretation with the use of an illustrative example.

Ok thanks! For whether they should or shouldnt make laws do you just evaluate courts as lawmakers?
And for your second suggested question, is that also kind of an evaluation of them with your opinion stated as well?
What do you talk about yo explain a judges role in regards to statutory interpretation
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 27, 2013, 06:24:13 pm
Ok thanks! For whether they should or shouldnt make laws do you just evaluate courts as lawmakers?
And for your second suggested question, is that also kind of an evaluation of them with your opinion stated as well?
What do you talk about yo explain a judges role in regards to statutory interpretation

1. This was a question on a previous VCAA exam and I'm pretty sure you can definitely attack that way. But what I meant in the question was to discuss the instances where judges CAN make law and the LIMITATIONS that they have, and then have a little judgement/opinion to say that judges don't always make laws. In attacking it your way, I think you can also say that the courts as law-makers are good lawmakers but that they should work in conjunction with Parliament as Parl has expertise and that because of the court's limitations, they cannot make or change laws as quickly as Parl can.
2. Yes.
3. It's asking why sometimes judges have to interpret the meaning of an Act.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on May 27, 2013, 06:58:10 pm
Ok thankyou! A lot of this stuff is really confusing for me, especially in terms to what to talk about for different types of questions :S
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on May 29, 2013, 12:03:13 pm
Does anyone know the name of the case heard in the supreme court in the 1980's when they created a new law (precedent) in regards to the use of IVF technology because the case had no law existed in that area yet.
 The facts of the case were
•   An American couple came to Melbourne and got onto the IVF program. A number of the woman’s eggs were fertilised with her husband’s sperm and frozen for later use. The couple returned to the U.S and were both killed in an air crash.
•   A dispute arose over what should happen to the frozen fertilized eggs.
•   The decision of the Supreme Court of Victoria in this case created a new law (a precedent), because before this case no law existed in this area.
•   The Victorian Parliament had not made any laws to regulate IVF technology, nor had any court anywhere in the world been called upon to settle a similar dispute involving this new form of reproductive technology; so there were no precedents, binding or persuasive, that the Supreme Court could refer to.

Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 29, 2013, 03:04:08 pm
Does anyone know the name of the case heard in the supreme court in the 1980's when they created a new law (precedent) in regards to the use of IVF technology because the case had no law existed in that area yet.

Is it the York v. Jones (1989) case?

On another note, just finished my Legal SAC today and we had FOUR questions, but most were extended answers though. I think I did well. :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 29, 2013, 05:29:50 pm
On another note, just finished my Legal SAC today and we had FOUR questions, but most were extended answers though. I think I did well. :)
My sac had four questions too although some of them were split into two.. I got 24/25 BUT I LOST HALF MARKS :(
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 29, 2013, 06:15:35 pm
My sac had four questions too although some of them were split into two.. I got 24/25 BUT I LOST HALF MARKS :(

Whoa. Teachers still do half marks? :P
Congrats on the score.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 09:12:26 am
Whoa. Teachers still do half marks? :P
Congrats on the score.
There were two one mark questions on two cases.. I think it was the trigwell case and another one.. I didn't exactly know what to write for the questions so i left them till the end and ended up outlining the whole case for each question (like 8 lines worth of writing), and i lost  half marks for each question.
Thanks, but i could've done better LOL
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on May 30, 2013, 06:12:40 pm
Sorry if this is irrelevant to the thread, but when you guys create questions from each chapter, do you get them from past exams on the vcaa or ask your teacher to create some for you, im on chapter 4 of the legal studies book which is the role of the courts as law makers. im really wondering if you guys have any questions you use, that you could post here that would assist me with chapter 4 please.
thanks
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 06:25:18 pm
Sorry if this is irrelevant to the thread, but when you guys create questions from each chapter, do you get them from past exams on the vcaa or ask your teacher to create some for you, im on chapter 4 of the legal studies book which is the role of the courts as law makers. im really wondering if you guys have any questions you use, that you could post here that would assist me with chapter 4 please.
thanks
https://www.dropbox.com/sh/11s46o44vlk0t02/S4-d-KZKFQ
Here's some of my practice questions and other stuff on Outcome 3.. :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 30, 2013, 07:03:20 pm
There were two one mark questions on two cases.. I think it was the trigwell case and another one.. I didn't exactly know what to write for the questions so i left them till the end and ended up outlining the whole case for each question (like 8 lines worth of writing), and i lost  half marks for each question.
Thanks, but i could've done better LOL

Nah, it was an impressive score. Have you already started Unit 4?

Quote
Sorry if this is irrelevant to the thread, but when you guys create questions from each chapter, do you get them from past exams on the vcaa or ask your teacher to create some for you, im on chapter 4 of the legal studies book which is the role of the courts as law makers. im really wondering if you guys have any questions you use, that you could post here that would assist me with chapter 4 please.
thanks
Hey there! Most of the questions that I get are either from Legal Notes(the study guide), the textbook and VCAA. And sometimes I make my own.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 07:51:32 pm
Nah, it was an impressive score. Have you already started Unit 4?
We have Unit 3 trial exams so we've just been doing Unit 3 revision.. but I believe we're starting next week. Are you guys still doing outcome 3 :O
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on May 30, 2013, 08:50:19 pm
thanks for that assistance, ive decided to try and start doing practice questions on this area of study early instead of constantly summarising areas. im really tied of being 3 marks away from 100% and i  really want this one to be a 100% sac that is coming up in 2 weeks haha
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 08:54:37 pm
thanks for that assistance, ive decided to try and start doing practice questions on this area of study early instead of constantly summarising areas. im really tied of being 3 marks away from 100% and i  really want this one to be a 100% sac that is coming up in 2 weeks haha
Good luck!!
I've found that its better to do notes early on and start summarising stuff and then start doing more practice questions as the SAC gets closer.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 30, 2013, 08:55:20 pm
We have Unit 3 trial exams so we've just been doing Unit 3 revision.. but I believe we're starting next week. Are you guys still doing outcome 3 :O

No, actually we've started KK1 and 2 (Key knowledge - refer to study guide) of Unit 4. We're actually going to have a Unit 3 test soon but it doesn't account for anything but pure revision.

Quote
thanks for that assistance, ive decided to try and start doing practice questions on this area of study early instead of constantly summarising areas. im really tied of being 3 marks away from 100% and i  really want this one to be a 100% sac that is coming up in 2 weeks haha

Yes, I think one should always spend more time on practising questions than perfecting their notes. But 3 marks away from 100% is still great effort :) I'm aiming to get 100 and maintain that score for the rest of this Unit. Oh, and our teacher gave us a chocolate and a bookmark for finishing Unit 3. She's really sweet.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on May 30, 2013, 09:09:19 pm
No, actually we've started KK1 and 2 (Key knowledge - refer to study guide) of Unit 4. We're actually going to have a Unit 3 test soon but it doesn't account for anything but pure revision.  Oh, and our teacher gave us a chocolate and a bookmark for finishing Unit 3. She's really sweet.
I hope we start Unit 4 soon, we've just been doing revision just for practice..
LOL yeah our teacher gives us lollies too but she's pretty mean when she marks SACs 
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on May 31, 2013, 02:42:16 pm
I hope we start Unit 4 soon, we've just been doing revision just for practice..
LOL yeah our teacher gives us lollies too but she's pretty mean when she marks SACs

Haha, at least you'll be well versed for Unit 3. Unit 4 seems very small.
I guess that's how she compensates for it.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on May 31, 2013, 05:37:50 pm
Is it the York v. Jones (1989) case?

On another note, just finished my Legal SAC today and we had FOUR questions, but most were extended answers though. I think I did well. :)

I don't think it is that case. Apparently it was in the early 80's.
Anyone else?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on June 02, 2013, 04:08:49 pm
Hi guys :)
My unit 3 internal exam is coming up in a few days, so what do you think I should be doing to prepare? I've done a tonne of practice exam questions prior to each SAC and i need to refresh my memory on my notes and relevant examples, etc. Do you think i should just go over my notes and all my responses and  feedback from the practice exam questions or should I try and do some more questions??

Thanks! :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 02, 2013, 05:17:17 pm
Hi guys :)
My unit 3 internal exam is coming up in a few days, so what do you think I should be doing to prepare? I've done a tonne of practice exam questions prior to each SAC and i need to refresh my memory on my notes and relevant examples, etc. Do you think i should just go over my notes and all my responses and  feedback from the practice exam questions or should I try and do some more questions??

Thanks! :)

I think you should just have a quick flick through your notes and then combine a questions list in an unordered set, with some questions focusing on or linking to another topic in the Unit. VCAA has good questions and your textbook or study guide might have them too. Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: staceyanne1 on June 02, 2013, 06:23:24 pm
HI GUYS,

i urgently need help as I have a SAC coming up and I don't know how to answer this question.

Evaluate the extent to which the doctrine of precedent allows the courts to change law. (8 marks)

If somebody could help me lay it out or give me any help it would be greatly appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 02, 2013, 07:21:29 pm
HI GUYS,

i urgently need help as I have a SAC coming up and I don't know how to answer this question.

Evaluate the extent to which the doctrine of precedent allows the courts to change law. (8 marks)

If somebody could help me lay it out or give me any help it would be greatly appreciated

Evaluate = analyse
the extent = to what extent

If you rephrase it, "To what extent can the courts change law through the doctrine of precedent?", it's easier to tackle. I believe this question refers to the flexibility methods of judges and how they can reverse, overrule and distinguish precedents. However, you MUST must mention that there are limitations in the courts being able to change law because of their position in the hierarchy.

So, from now on, anything with 'to what extent' or anything with that word, as well as evaluate/discuss/analyse, means that you must show both sides of the coin. In some cases, you may deliver an opinion but it is not necessarily needed.
Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on June 03, 2013, 10:07:31 am
Hi guys :)
My unit 3 internal exam is coming up in a few days, so what do you think I should be doing to prepare? I've done a tonne of practice exam questions prior to each SAC and i need to refresh my memory on my notes and relevant examples, etc. Do you think i should just go over my notes and all my responses and  feedback from the practice exam questions or should I try and do some more questions??

Thanks! :)

I would say focus on the areas or topic(s) which you find the hardest. There isn't really any point going over content which you are confident with (and hence, know well). Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on June 03, 2013, 10:11:13 am
Do you think I should be doing new questions or should I just read through my responses to all the practice exam questions that I've already done?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on June 03, 2013, 01:33:50 pm
Do you think I should be doing new questions or should I just read through my responses to all the practice exam questions that I've already done?

That's really up to you. Doing more questions doesn't always equate to achieving a better mark (quality over quantity). If the questions you've already done cover a broad range of topics, perhaps go over those questions and refine your responses (i.e. try to improve them).
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 03, 2013, 05:16:37 pm
Do you think I should be doing new questions or should I just read through my responses to all the practice exam questions that I've already done?

I just want to add that whilst you can read your responses to questions, you should always always practise questions more than reading them. Or practise the question again to see if you actually remember how to tackle it.


On a separate note, does anyone have a good way of remembering the civil original and appellate and criminal original and appellate jurisdictions of the courts?
Title: Re: VCE Legal Studies Question Thread
Post by: Firemurphy on June 03, 2013, 09:16:25 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?
Title: Re: VCE Legal Studies Question Thread
Post by: michak on June 03, 2013, 09:36:32 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?


I was told to treat them both the same. So if it said critically evaluate parliament as law makers you would give one strength of parliament but then its corresponding weakness. Eg. parliament can make laws very quickly, including wide sweeping changes as all steps of a passage of bill can be done in one day if need be in certain circumstances (terriorist laws) however parliament only sits for very few days of the year (cant remember how many) so change can be slow.
Just remember that they need to match up. I think in evaluate they don't need to correspond but I would get into the habit of it anyway.

Also a trick that VCAA (and my teacher loved) was to say critically evaluate 2 weaknesses of parliament, so you would say the weakness first then its strength - got me all the time because most people would state a strength first before a weakness. :)
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on June 03, 2013, 09:44:24 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?

For me, when I did Legal Studies back in 2011 - the way I approached 'critically evaluate' and 'evaluate' was that 'critically evaluate' meant I had to show corresponding strengths and weaknesses to the question, whereas my points for a simple 'evaluate' question didn't need to be corresponding. That said, in any given 'evaluate' question (whether critically evaluate or not), I would try to describe corresponding points because it shows to your teacher or marker the relationship between your points (and makes your answer flow better). I wouldn't think you need to come up with an evaluation on why the topic is 'weak'. I would simply say something along the lines of: "Despite the weaknesses of the courts, overall it is..." etc.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 04, 2013, 04:25:52 pm
Could anyone tell me if there is a difference between critically evaluate and evaluate.
When I asked my teacher, he said that critically evaluate means to focus slightly more on the weaknesses (ie. be critical when evaluating). Is that true, and do we need to be negative about the topic? Eg. if the topic was critically evaluate the roles of courts, do we have to say the courts are weak simply because it is critically evaluate?
in simple words, does critically evaluate means to show strength and weakness but come to an evaluation on why the topic is weak?

My teacher advises me to treat them the same. Basically she said that critically evaluate and evaluate mean to show both sides of the argument. So if they say to critically evaluate two weaknesses of the jury system, you would also have to mention the strengths. In some cases, you are required to give a judgement but this depends on the question.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 25, 2013, 02:29:14 pm
I just want to ask, in terms of remembering the dispute resolution methods, do we need to know when they are used by VCAT and the courts?
Title: Re: VCE Legal Studies Question Thread
Post by: Dejan on June 25, 2013, 03:20:58 pm
I just want to ask, in terms of remembering the dispute resolution methods, do we need to know when they are used by VCAT and the courts?
No that wouldn't be necessary
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 25, 2013, 04:39:43 pm
I just want to ask, in terms of remembering the dispute resolution methods, do we need to know when they are used by VCAT and the courts?

You need to know that all four are used by both avenues/venues (each place having its own rules and programs etc) - but beyond that the detail on it is primarily information that you can choose to use in your comparisons and evaluations. It also helps with your problems and changes to the legal system in Outcome 2, particularly as many programs are quite recent :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on June 25, 2013, 05:40:31 pm
Alrighty, thank you both! :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 02, 2013, 04:43:42 pm
Hey what exactly do we need to know about criminal cases and civil disputes?? Do we just need to be able to distinguish between both and know examples, or is it everything including things such as parties to the case, jury, aim, etc. (i.e. everything in the table which has popped up in A+ notes and the Justice and Outcomes Textbook??)
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 03, 2013, 10:34:23 am
Hey what exactly do we need to know about criminal cases and civil disputes?? Do we just need to be able to distinguish between both and know examples, or is it everything including things such as parties to the case, jury, aim, etc. (i.e. everything in the table which has popped up in A+ notes and the Justice and Outcomes Textbook??)
Thanks!

Yeah, in 3/4 Legal the difference between criminal and civil disputes is mainly how you classify all the *other* info you need to know! But it's still important; people frequently forget civil jurisdiction when asked for both, or mix up their criminal and civil proceedings. Also, if a hypothetical scenario is given to you, you need to be able to see whether it is a criminal or civil one and answer accordingly.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 03, 2013, 10:40:57 am
Yeah, in 3/4 Legal the difference between criminal and civil disputes is mainly how you classify all the *other* info you need to know! But it's still important; people frequently forget civil jurisdiction when asked for both, or mix up their criminal and civil proceedings. Also, if a hypothetical scenario is given to you, you need to be able to see whether it is a criminal or civil one and answer accordingly.
So we just need to know the general difference between the two, or are other things- such as aim, person bringing and defending the action (e.g. defendant, accused, plaintiff, prosecution), consequences of the action, pre-trial procedures, verdict and resolution processes- all meant to be known as well??
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on July 03, 2013, 12:05:20 pm
Do we have to know in detail about all the specialist divisions and their corresponding jurisdictions, e.g. the koori court, drug court, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 03, 2013, 04:53:56 pm
Do we have to know in detail about all the specialist divisions and their corresponding jurisdictions, e.g. the koori court, drug court, etc.

None!
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on July 03, 2013, 05:51:32 pm
None!
like none at all 0_o? Extra marks if specialist courts are mentioned?
But there is a possibility that there might be something on SACs right.
Title: Re: VCE Legal Studies Question Thread
Post by: Dejan on July 03, 2013, 05:55:00 pm
I remember having a Koori Court question on my SAC, but it wouldn't necessary to know everything about the specialist courts
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 03, 2013, 06:01:46 pm
like none at all 0_o? Extra marks if specialist courts are mentioned?
But there is a possibility that there might be something on SACs right.

None. No extra marks.

If they were established within the last 5 years you might use them for the final sub-topic on the course about recent reforms... but apart from that. Nup.

SACs are a bit at the discretion of the teacher. Technically they should follow the Study Design, but they may consider some 'optional' information something they are teaching you for detail or elaboration - or they may have plans to use it in a later sub-topic such as reforms.
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on July 06, 2013, 07:07:00 pm
Hi guys, quick question from Justice and Outcomes textbook. (ch6 Resolution bodies and methods)
Here it is: the question gives us an example: (Q10c, pg335 6.6)
"Kristen (plaintiff) recently sued Lorraine and Barry (defendant) for negligence and was successful. The court awarded Kristen $10,000 in damages. Lorraine and Barry (D)  were not happy with the decision and want to change the decision."
In which court would the appeal be heard??

This question is really confusing for me.
Firstly, would Kristen's case be heard originally in the Magistrates Court?  I thought you couldn't appeal a Magistrates' Court's (civil jurisdiction)'s decision? How would Lorraine and Barry appeal- what court would it go to? Certainly not the County Court?
The defendant cannot appeal the decision unless they are arguing that the law was incorrectly applied, or the wrong law was applied. -on point of law.
I think it's a trick question but I may be wrong
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 06, 2013, 07:30:06 pm
For the role of VCAT as being cost-effective, do we need to know any actual numerical costs for filing claims or just that they provide a low-cost method of resolving disputes?

Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 06, 2013, 10:01:54 pm
Also, are mediation, arbitration and conciliation still referred to as ADR or what? My teacher told us to refrain from classifying them as ADR, but just describe them as different methods of dispute resolution.. Isn't it the same thing though? I'm confused :\ How do we talk about them and describe them??

And what exactly do we need to know about each method? I'm soo lost!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 10:38:08 pm
Hi guys, quick question from Justice and Outcomes textbook. (ch6 Resolution bodies and methods)
Here it is: the question gives us an example: (Q10c, pg335 6.6)
"Kristen (plaintiff) recently sued Lorraine and Barry (defendant) for negligence and was successful. The court awarded Kristen $10,000 in damages. Lorraine and Barry (D)  were not happy with the decision and want to change the decision."
In which court would the appeal be heard??

This question is really confusing for me.
Firstly, would Kristen's case be heard originally in the Magistrates Court?  I thought you couldn't appeal a Magistrates' Court's (civil jurisdiction)'s decision? How would Lorraine and Barry appeal- what court would it go to? Certainly not the County Court?

As already stated if the dispute was heard in the Mag's.

If it had complex law or evidence it could have been heard in the County or even Supreme Court, though - in which case the appeal would be heard by the Court of Appeal.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 10:39:02 pm
For the role of VCAT as being cost-effective, do we need to know any actual numerical costs for filing claims or just that they provide a low-cost method of resolving disputes?

EVERYONE says "faster, cheaper, less formal". You need some kind of detail or evidence, but the exact choice of it is up to you.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 10:43:10 pm
Also, are mediation, arbitration and conciliation still referred to as ADR or what? My teacher told us to refrain from classifying them as ADR, but just describe them as different methods of dispute resolution.. Isn't it the same thing though? I'm confused :\ How do we talk about them and describe them??

And what exactly do we need to know about each method? I'm soo lost!

Yes, the term 'ADR' retired a number of years ago. Originally it meant 'alternative to courts'... but now that courts use all four methods of dispute resolution, that doesn't make much sense... :/ So now all four are just 'methods'! If you like you can say "non-judicial methods" if you really need to separate out med, con and arb for some reason.

But you shouldn't be lumping them all together, anyway, so think of it as just a range of choices available for civil disputes.

Know things such as:

- The role of the third party.
- How the outcome is reached.
- When the outcome will be binding.
- Roughly how it's used in courts and VCAT.
- When the method will be compulsory to attend.
- How formal or adversarial it is.
Etc...
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 06, 2013, 10:52:28 pm
Yes, the term 'ADR' retired a number of years ago. Originally it meant 'alternative to courts'... but now that courts use all four methods of dispute resolution, that doesn't make much sense... :/ So now all four are just 'methods'! If you like you can say "non-judicial methods" if you really need to separate out med, con and arb for some reason.

But you shouldn't be lumping them all together, anyway, so think of it as just a range of choices available for civil disputes.

Know things such as:

- The role of the third party.
- How the outcome is reached.
- When the outcome will be binding.
- Roughly how it's used in courts and VCAT.
- When the method will be compulsory to attend.
- How formal or adversarial it is.
Etc...
Thanks so much! Do we need to know the exact process of each method or not? And how many examples of bodies using each method do we need to know??
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 11:21:16 pm

*******************
With respect, Megan I did not really understand your reply, Sorry for wasting your time: but can a decision by a Magistrates' Court (hearing civil cases) ever be appealed?
I think I know the problem in the question.. I assumed too much? the question said the damages awarded NOT VALUE OF CLAIM was $10,000 so it did not necessarily originated in the Magistrates' Court?
In any case that question was quite tricky because it assumed that the student knew that the case did not originate in the Mag's and since it only asked for the appellate court which would be Court of Appeal regardless of it originating in Supreme/County Court, the question would be solved. Do you agree?
 Haha wasn't prepared for a tricky question in the Justice and Outcome textbook considering all questions are quite straightforward!

We don't know where the case originated - it could have started in any one of the Mag's, County or Supreme. Most likely is the Mag's, in which case a point of law appeal can go to the Supreme.

If, however, it started in the County or Supreme Courts the appeal could be point of fact OR point of law, and would go to the Court of Appeal. County and Supreme have unlimited jurisdiction. As in, from zero to infinity.

I don't think it's a great question.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 06, 2013, 11:22:38 pm
Thanks so much! Do we need to know the exact process of each method or not? And how many examples of bodies using each method do we need to know??

Nah :) Just a general idea.

And same for the second - just a general idea of how it's used by courts and VCAT.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 07, 2013, 06:12:36 pm
Hey I know I asked this before, but I'm still confused :S
What exactly do we need to know re: civil and criminal cases and in how much detail??
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on July 07, 2013, 09:29:03 pm
heyy guys, im on holidays yaaay, if anyone is familiar with that really helpful guy in the BM section that has all AOS study prac sac's. i was just wondering does anyone here have prac sacs for unit 3 all outcomes for legal that i can have as im trying to revise over unit 3 on my holidays, cheers guys.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 15, 2013, 08:32:48 pm
Do these questions apply to the current study design for Unit 4 AOS1?
- Sophie is having problems with a property that she owns. Sophie has been advised to make an application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential Tenancies List. Explain two advantages of tribunals in resolving disputes. [6 marks] -->Are we supposed to know about the jurisdiction of VCAT or is that from the past study design?

- The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.

- Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead not guilty to the charge and have it heard in the Magistrates Court.
His friend, Danni, tells him that:
  a. Bruce could have this case tried in another court if he wanted to; and
  b. if Bruce is convicted in the Magistratesí Court, there is more than one possible appeal available to him.
Do you agree with Danniís advice? Give reasons for your answer.

- Do we need to know examples of pre-trial proceedings and remedies awarded?

Thanks! :)

EDIT: added more questions
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 15, 2013, 09:37:55 pm
Do these questions apply to the current study design for Unit 4 AOS1?
- Sophie is having problems with a property that she owns. Sophie has been advised to make an application to the Victorian Civil and Administrative Tribunal – Residential Tenancies List in order to resolve these problems.
Outline the jurisdiction of the Victorian Civil and Administrative Tribunal – Residential Tenancies List. Explain two advantages of tribunals in resolving disputes. [6 marks] -->Are we supposed to know about the jurisdiction of VCAT or is that from the past study design?

- The following extract is from a newspaper article. It contains errors.
Today is the start of Brendan’s civil action against Henry in the Supreme Court. Brendan is claiming $3000 for breach of contract. Henry, the plaintiff, is strongly denying any liability. In court Brendan must prove his case beyond reasonable doubt to the judge.
Identify two errors in the above extract and provide the correct definition, process or procedure.

- Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead not guilty to the charge and have it heard in the Magistrates Court.
His friend, Danni, tells him that:
  a. Bruce could have this case tried in another court if he wanted to; and
  b. if Bruce is convicted in the Magistratesí Court, there is more than one possible appeal available to him.
Do you agree with Danniís advice? Give reasons for your answer.

- Do we need to know examples of pre-trial proceedings and remedies awarded?

Thanks! :)

EDIT: added more questions

No yes yes :)

The final question doesn't make sense to me, though. You need to know the procedures etc that are on the Study Design.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 15, 2013, 09:53:59 pm
Thanks! The last question was referring to a question in checkpoints where it says: "Describe the process of two pre-trial proceedings which may have occurred prior to this case coming to trial" and "Explain the remedy Maria was awarded"
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 16, 2013, 12:02:08 am
Ohhh, okay. The procedures and remedies you need are listed in the SD.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 16, 2013, 09:13:11 pm
Hey! If asked to outline the criminal/civil jurisdiction of a court, do we mention both original and appellate? Likewise, if asked to outline the original/appellate jurisdiction of a court, do we mention both criminal and civil? And if asked either of these questions in relation to the Supreme Court, if the division is not specified, do we answer the question in relation to the Trial Division AND the Court of Appeal or is it implying the Trial Division only?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on July 16, 2013, 09:44:14 pm
Hey! If asked to outline the criminal/civil jurisdiction of a court, do we mention both original and appellate? Likewise, if asked to outline the original/appellate jurisdiction of a court, do we mention both criminal and civil? And if asked either of these questions in relation to the Supreme Court, if the division is not specified, do we answer the question in relation to the Trial Division AND the Court of Appeal or is it implying the Trial Division only?

Thanks :)
What I've been told is
Yes, Yes, Yes both.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 16, 2013, 10:57:05 pm
Just do TD unless you look at the mark allocation and go, "what the hell???"

Mind you, look at the exam and they've been more specific about divisions in recent years. Possibly to avoid this confusion.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 17, 2013, 09:14:07 pm
Ok thanks!
This question: The Marital Status Act 2009 has just been passed by the Victorian Parliament. If the constitutional validity of the Marital Status Act 2009 was challenged, identify the court that would hear this matter. Outline one aspect of its appellate jurisdiction. [2 marks]
It relates to the High Court, but we don't need to know about that for this AOS do we?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 17, 2013, 09:42:36 pm
Ok thanks! Just clarifying :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 17, 2013, 10:23:32 pm
I've been asking so many questions lately! Sorry haha! :S It's because my SAC is around the corner and I wanna make sure I've effectively covered every question that could possibly crop up :)

Explain the main role of VCAT within the Victorian legal system. [4 marks]
It says main role, so what do we say? Because it's four marks, can we just briefly discuss low costs, timely resolution, accessible and informal, and quality and expertise or is it something else? Because I feel like these are 4 separate roles rather than one main role.. Or I might be missing the point.. And when asked this question, should we just start off by giving definition of VCAT before actually getting into the role?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on July 18, 2013, 04:43:42 pm
How would one structure the questions below:

1. Evaluate the methods of the dispute resolution. Provide an answer to support judicial determination. (8 marks)

2. Evaluate how the courts and VCAT operate and decide which is more effective. In your answer include two strengths and weaknesses of each dispute resolution. (10 marks)

Thanks for  your help.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 20, 2013, 03:35:21 pm
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?
Title: Re: VCE Legal Studies Question Thread
Post by: Dejan on July 20, 2013, 03:39:59 pm
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?
That would be the best way, I got full marks when I structured my answer like in the above
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 20, 2013, 03:48:40 pm
wait a or b?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on July 20, 2013, 04:13:05 pm
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?

Honestly for jurisdiction questions I don't think structure really matters - I think having the content right is much more important. The assessor is unlikely to take any marks off if you have all the  jurisdiction of a court. Structure is probably more important in essays. Personally I would do Option "b" but "a" is just as good.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 21, 2013, 10:29:43 pm
Stephanie operates a small company and last year she sued Zed Company. She believed that because Zed Company had broken a contract she had with them, she would lose $180 000. Stephanie won the case but said afterwards that she found the whole process of going to court very unsatisfactory.
a.   In which court is it most likely that this case would have been heard? [1 mark]

The answer is County Court, but why isn't it the Supreme Court too, since both courts can hear civil cases of unlimited amounts?

b.   Describe another method of dispute resolution that could have been used to resolve this case. Explain two reasons why Stephanie might have found this other method more satisfactory. [6 Marks]

It says the answer is mediation, but why? I don't get why it isn't conciliation or arbitration, but it's mediation instead... :\

Please help me out!
Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on July 22, 2013, 09:33:19 am
How many strengths/weaknesses should we try to know for dispute resolution methods and the way courts and VCAT resolve disputes?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on July 22, 2013, 10:00:34 am
How would one structure the questions below:

1. Evaluate the methods of the dispute resolution. Provide an answer to support judicial determination. (8 marks)

2. Evaluate how the courts and VCAT operate and decide which is more effective. In your answer include two strengths and weaknesses of each dispute resolution. (10 marks)

Thanks for  your help.

REPOST because question was not answered.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2013, 11:42:48 am
Um. Part a) probably needs clarification... But I was told that in general, the Supreme Court hears the more serious civil disputes - so when in doubt, choose the County Court because the question asks "most likely".

Part b) Conciliation and arbitration are definitely acceptable. The answer of mediation was probably only intended as a sample answer...

I agree :)

And, with (a), there's nothing to indicate that the dispute was particularly serious or complex, so County would be most likely.

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2013, 11:48:29 am
REPOST because question was not answered.

Well, the second part of the first question doesn't make sense. I can't see that being on the exam. With the rest of the first question, evaluate just means strengths and weaknesses with an opinion - so, do that for the four methods, saying which one you think is best (or all equal, just for different disputes etc).

With the second question, it kind of says how to structure it in the question itself. Examine two strengths and two weaknesses of court, and two strengths and two weaknesses of VCAT. That's not a lot of content for 10 marks, though, so they have to be realllly good ones.

Note: With that second question, I assume the words "avenue for" are missing at the end between "weaknesses of each" and "dispute resolution" (in other words, "weaknesses of each avenue for dispute resolution") - because courts are VCAT are avenues. If they threw the word 'methods' in the second sentence it would change the question a LOT.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on July 22, 2013, 06:06:54 pm
Well, the second part of the first question doesn't make sense. I can't see that being on the exam. With the rest of the first question, evaluate just means strengths and weaknesses with an opinion - so, do that for the four methods, saying which one you think is best (or all equal, just for different disputes etc).

With the second question, it kind of says how to structure it in the question itself. Examine two strengths and two weaknesses of court, and two strengths and two weaknesses of VCAT. That's not a lot of content for 10 marks, though, so they have to be realllly good ones.

Note: With that second question, I assume the words "avenue for" are missing at the end between "weaknesses of each" and "dispute resolution" (in other words, "weaknesses of each avenue for dispute resolution") - because courts are VCAT are avenues. If they threw the word 'methods' in the second sentence it would change the question a LOT.

Thanks. These were questions from our SAC. There was a case scenario and it asked to support judicial determination as a method that the person should use. I hope that makes sense.
Thank you for replying!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2013, 09:49:11 pm
Thanks. These were questions from our SAC. There was a case scenario and it asked to support judicial determination as a method that the person should use. I hope that makes sense.
Thank you for replying!

That's okay. Honestly, they would stump me a bit if I got them. Not in terms of content, because the content's not hard - just in terms of what the question was asking.

With the first question, if you're evaluating all four methods, that is arguing for and against all four. So presenting arguments in favour of JD doesn't seem to easily mesh with that - is it in addition to evaluating JD as one of the methods, or something else...

With the second, I don't know how you've get a 10-marker out of two strengths and two weaknesses each. That sounds like a good 8-marker, but I would be really stretching it to get 10.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on July 25, 2013, 10:19:48 pm
Hi guys.
Quick questions on Dispute Resolutions.
1. Which court will have the jurisdiction to hear the following cases:
- Assault.
- Causing injury
- Theft
Assault: Pretty sure this depends on the type of assault, weather its an summary offence or not. For example common assault and aggravated assault are summary offences so they will definitely be be heard in the Magistrates' Court. However rape and indecent assault are considered indictable offences so they will most likely be heard in the County Court.
Causing Injury: This is also similar, there are many types and they can either be indictable or summary offences depending on the case.
Theft: is always an indictable offence (But it could be heard summarily in the Magistrate's Court if it is deemed appropriate)
So it will all depend on what specific type of case it is.

See: http://www.austlii.edu.au/au/legis/vic/consol_act/soa1966189/ for a list of summary offences in Victoria
See: http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/ for a list of indictable offences in Victoria

Just to clarify: VCAT decisions cannot be appealed (on a point of fact, damages or even the decision)?, unless it is on a point of law?
Ie. You cannot appeal the damages awarded to the other party or the fact that they have won the case, unless it is related to a law?
That would generally be a weakness because VCAT has limited avenues of appeal meaning that if parties are unhappy with decisions or if they think the decision is wrong they cannot appeal unless it is on a point of law. This may mean that mistakes could be made and they won't be rectified.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 25, 2013, 10:31:34 pm
Hi guys.
Quick questions on Dispute Resolutions.

1. Which court will have the jurisdiction to hear the following cases:
- Assault.
- Causing injury
- Theft
 
I know both the County Court and Magistrates' Court has jurisdiction to hear these, but which court would you write if a question asks you to name one court. I initially wrote County Court for all three because I thought that is the most likely court, but the Magistrates' Court has the jurisdiction to hear these cases as well.... dilemma :s

2. Just to clarify: VCAT decisions cannot be appealed (on a point of fact, damages or even the decision)?, unless it is on a point of law?
Ie. You cannot appeal the damages awarded to the other party or the fact that they have won the case, unless it is related to a law?


Thanks in advance!

EDIT:
Just quickly: when stating the appellate criminal jurisdiction of a court (say, the County Court) do you have to specify that the appeal does not have to be on sentence?
Ie. "An appeal from the Magistrates' Court on conviction and/or SANCTION (not just sentence)"

or is it "sentence" accepted because can't fines/community correction orders be appealed?

I know I am getting a bit pedantic here, but my teacher uses these small details to differentiate the cohort in SACs.

1. As already answered regarding assault and injury. Regarding theft, it depends on the value of the theft. From memory it's about $25,000 or so in the MC and more $$$ is above (except for theft of motor vehicles, where the MC limit is higher). Or is it $40,000 in the MC...? Meh, you get my drift.

2. Yep, that's correct re VCAT. Sounds unfair, but it's paying less for a faster resolution by executive order. You can argue it as a strength and a weakness.

3. I'd say 'sentence' - mainly because that's what was in the Assessor's Report most recently, so you have something authoritative to point to if there's ever a difference of opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: Colokid on July 28, 2013, 07:25:19 pm

1. no adr methods are only for civil cases, criminal cases go straight to court.
2.yes arbitration is confidential, not open to the public like the courts, and yes this would be a strength of arbitration
3. yeah i am sure you can, but make sure at the start of your answer/essay, write - Alternative dispute resolution methods, and then you can use the abbreviation from then on in the answer
4. no only civil cases can be appealed to the Court of Appeal on a question of fact.
criminal cases can only be appealed on points of law, conviction or sanction to the court of appeal.

hope this helps
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 29, 2013, 12:51:47 pm
Hi guys.

A few questions on the Dispute Resolution topic.

1. Is it true that mediation can be used in criminal disputes; arbitration and conciliation only civil?
So if a question asked you to distinguish between, say, mediation and arbitration would you say mediation is suitable for both criminal and civil whilst arbitration is only suitable for civil?

The reason how I got the idea that mediation is also for criminal disputes is because of restorative justice? The book mentions this, that mediation is part of post-trial victim-offender resotration?

2. Is arbitration confidential? I was struggling to find differences between judicial determination and arbitration. So would you say one strength of arbitration is that it is confidential?

3. When you are trying to refer to mediation, conciliation and arbitration as a collective, can you abbreivate them as ADR. I remember my teacher saying that they don't use the abbrievation ADR anymore?

4. Can criminal cases be appealed to the Court of Appeal on a question of fact?
In the book, the appellate criminal jurisdiction of the Court of Appeal does not include appeals on question of fact. But for civil appellate jurisdiction, questions of fact is mentioned.
Clarification please?

Thanks.

1. Restorative justice and victim/offender mediation only resolve personal issues - not legal ones. Med, con and arb are only for civil disputes in terms of legal outcomes.

2. Arbitration is only confidential when conducted through the courts. All hearings in VCAT presided over by the President or a Vice-President are conducted using arbitration, and these are open to the public. If you're struggling for differences, think also that JD is adversarial whereas arbitration is conducted inquisitorially; arbitration has limited appeal avenues; judicial officers are legally-qualified, independent members of the judiciary, whereas arbitrators are employed on contract by the executive; JD has strict rules of evidence and procedure whereas arbitration has flexible...etc :)

3. Nope, don't use 'ADR'. It doesn't make sense anymore since all methods are used by courts, so they're not 'alternatives' to court anymore. Use "non-judicial" if you really need to group them.

4. Conviction and sentence are essentially questions of fact, so don't worry. A question of fact appeal is essentially querying a fact of the case rather than an interpretation or application of law - as in, the facts of the case do not support a conviction, or do not support the sanction that was given.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on August 09, 2013, 09:46:01 am
Hi
I need help understanding the committal hearings. Please explain.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 09, 2013, 02:42:00 pm
Hi
I need help understanding the committal hearings. Please explain.

From memory, committal hearings are a criminal pre-trial procedure to determine whether there is sufficient evidence for a judge and/or jury to reach a decision (i.e. prima facie). If there is deemed to be sufficient evidence, the case will go to trial in either the County or Supreme court.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on August 09, 2013, 02:50:58 pm
From memory, committal hearings are a criminal pre-trial procedure to determine whether there is sufficient evidence for a judge and/or jury to reach a decision (i.e. prima facie). If there is deemed to be sufficient evidence, the case will go to trial in either the County or Supreme court.

Would I need to know the committal proceedings or just know the purpose of committal hearings? Thanks for your reply.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on August 09, 2013, 04:29:13 pm
Would I need to know the committal proceedings or just know the purpose of committal hearings? Thanks for your reply.

Both. I've seen questions in the past where it has asked to evaluate one or two criminal pre-trial procedures, aside from committal hearings. I would learn two or three criminal and civil pre-trial procedures; be able to explain them in depth but also be able to evaluate them (i.e. the effectiveness of a pre-trial procedure).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 09, 2013, 07:36:18 pm
Would I need to know the committal proceedings or just know the purpose of committal hearings? Thanks for your reply.

You need to know the content/definition of committals for *about* 2 marks (although 3 marks prep in your notes would be safer), plus 1-2 marks on the purpose. The primary purpose is to see if there is sufficient evidence to support the possibility of a conviction in a higher court (and therefore justify the time, expense and stress of trial), however there are other secondary ones.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 10, 2013, 03:03:12 pm
I am really confused.

What are committal proceedings?

I know they are definitely not committal hearings.

Oh, um - they're the same thing. <awkward>

;)

Seriously, for your purposes, there's no difference. You could write an entire essay on committals, but all you need is roughly a 2-mark explanation and 1-2 marks on purposes. Then perhaps a few strengths and weaknesses.

But - don't use 'prima facie'. Use 'evidence of sufficient weight to support a conviction at trial'.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on August 12, 2013, 06:33:38 pm
hi all, im on outcome 2 now and my sac is next week, just wondering if anyone has practice questions they may be able to send or post here as it will really help prepare me for the SAC, couple pages back a guy sent me a link to a dropbox which had unit 3 work on it but not unit 4 dammn.

thank you
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on August 13, 2013, 05:07:21 pm
Are we required to know strengths and weaknesses of the inquisitorial system of trial or not??
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on August 13, 2013, 05:50:53 pm
Also:
- what exactly do we need to know  for each: bail, remand and committal hearings?
- what exactly do we need to know for the 3 selected criminal sanctions?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on August 13, 2013, 07:40:13 pm
Are we required to know strengths and weaknesses of the inquisitorial system of trial or not??
The study design doesn't specifically say to know the strengths and weaknesses of the inquisitorial system, but I believe there have been past questions on the exams which ask to compare and contrast the inquisitorial system with the adversarial system. You might not need to put the strengths and weaknesses for this question (just compare each aspect such as role of judge, role of parties,etc.). I think its better to know the strengths and weaknesses generally of both systems though simply because you have more to compare when it comes to doing the actual questions (since its usually a long question).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 14, 2013, 10:13:45 am
Hi guys- quick question on civil proceedings:
If a defendant is served with a writ by the plaintiff, do they HAVE to defend their case through the courts? Are they obligated to file a Notice of Appearance? What if they want to settle outside of court, what document is involved there?

Also, is a letter of demand always necessary?
Can a plaintiff file a writ straight away without a letter of demand?

Thanks!

If the plaintiff doesn't send a fair letter of demand, or the defendant rejects a fair one, the court will usually reduce or increase the damages awarded in consequence.

If you get served with a writ you can contact the plaintiff to try to achieve a settlement; if that is successful, they will withdraw their claim. But it's up to them. If you don't respond and they don't withdraw, you basically lose by default.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on August 19, 2013, 11:35:04 pm
Hey guys,

This question's probably already been asked but I just did to clarify (for myself and anyone who needs clarification)

Are we required to:
a) know the jurisdictions of specified specialist courts
b) know the jurisdictions of specified VCAT list
c) know any other criminal pre-trial procedures aside from committal, bail and remand (I was disappointed they took out the police/individual powers stuff, was looking forward to it)
or are these completely removed from the study design?

oh and coming off what M_BONG said... how much detail do we need to know about committal hearings?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on August 20, 2013, 02:26:51 pm
a. No
b. No
c. I think Directions Hearing as well but you might have to check on that with your teacher.

d. The purpose of committal hearings and the two methods - hand up brief and the contested committal
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on August 26, 2013, 09:30:58 pm
a. No
b. No
c. I think Directions Hearing as well but you might have to check on that with your teacher.

d. The purpose of committal hearings and the two methods - hand up brief and the contested committal

cheers!
Title: Re: VCE Legal Studies Question Thread
Post by: arshavin23 on August 31, 2013, 02:37:06 pm
Does anyone know if we have to evaluate the operation and features of the adversary system with the inquisitorial system? Or is it just to compare the two?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 01, 2013, 12:37:23 am
Does anyone know if we have to evaluate the operation and features of the adversary system with the inquisitorial system? Or is it just to compare the two?

Evaluate, as well :)
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 06, 2013, 09:58:38 pm
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age 
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on September 07, 2013, 09:23:03 am
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age

You could say that challenges mean that the views of the community may not be fully represented because of possible jurors being challenged, therefore resulting in an unfair and unbiased trial. Challenges may also mean that the verdict of the trial may be compromised because of the challenges used by the prosecution which may employ possible jurors that may not be sympathetic or do not understand the circumstances of the defendant, therefore resulting again in an unjust trial.

Ultimately you could say that through these challenges, only a portion of community values may be represented because of the possible challenges that may occur which may prejudice the defendant.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 07, 2013, 04:14:54 pm
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age

I think this one's just a content question rather than an evaluate one. Peremptory challenges are... and they can remove people from the final jury by... While challenges for cause are... and they can remove people from the jury by...

Based on the implied task word, I feel it's a fairly straightforward 'explain'.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on September 17, 2013, 06:30:36 pm
Is there any difference between possible reforms to the adversary system and recent recommendations for change in the legal system?


Also, are youth justice centre orders not considered to be sanctions?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 17, 2013, 06:42:59 pm
Is there any difference between possible reforms to the adversary system and recent recommendations for change in the legal system?


Also, are youth justice centre orders not considered to be sanctions?
If you want to get precise, possible reforms means there is no specific time frame (ie. it can happen anytime in the future). whilst recent recommendations means it has been suggested recently.
Also, a question that asks you about possible reforms to the adversary system means you have to talk about the adversary system only; "legal system" means you can talk about adversary system, criminal and civil procedures and juries.

Youth justice centre orders are considered sanctions. Sanctions are punishments They are, however, more catered towards rehabilitation rather than punishment.
Title: Re: VCE Legal Studies Question Thread
Post by: awesomejames on September 17, 2013, 06:49:59 pm
If you want to get precise, possible reforms means there is no specific time frame (ie. it can happen anytime in the future). whilst recent recommendations means it has been suggested recently.
Also, a question that asks you about possible reforms to the adversary system means you have to talk about the adversary system only; "legal system" means you can talk about adversary system, criminal and civil procedures and juries.

Youth justice centre orders are considered sanctions. Sanctions are punishments They are, however, more catered towards rehabilitation rather than punishment.

Cheers!!
In regards to recent recommendations would you be incorrect if you answer "allow for judges to have a wider and more advanced role in the adversary system".  Since its is a possible reform.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 17, 2013, 09:09:39 pm
Cheers!!
In regards to recent recommendations would you be incorrect if you answer "allow for judges to have a wider and more advanced role in the adversary system".  Since its is a possible reform.
If I was answering this question on a SAC (ie. asking for recent recommendations), i would find an article (google or textbook) where someone has suggested recently that judges should be given wider role; quote it in the SAC.. Eg. "President of Sentencing Advisory Concil Arie Freiberg has said that...", to give evidence that it is a recent recommendation so that your teacher can't take off marks. Idk how your teachers are but my teachers are really tight with those things.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 17, 2013, 10:49:44 pm
I completely agree with the advice to find some kind of authority for the recommendation.

Just a note on the terminology, though - 'recent' doesn't go with 'recommendation'. The 'recent' changes are the ones that have already been implemented, while the 'recommendations' are the ones that haven't.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 18, 2013, 03:47:56 pm
can anyone explain to me why 2012 vcaa exam q1a is "royal assent" not "proclaimation". isnt proclamation when the act is published in the Gazette? the stimulus clearly states that "act of parliament assented to..." implying it has been given royal assent and is being proclaimed and the notice appearsd in the Gazette.


the 2012 exam is here for your convenience (in answering my question):

http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/2012/2012legal-w.pdf
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 18, 2013, 04:30:31 pm
can anyone explain to me why 2012 vcaa exam q1a is "royal assent" not "proclaimation". isnt proclamation when the act is published in the Gazette? the stimulus clearly states that "act of parliament assented to..." implying it has been given royal assent and is being proclaimed and the notice appearsd in the Gazette.


the 2012 exam is here for your convenience (in answering my question):

http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/2012/2012legal-w.pdf

Well, the question asks you to outline the stage that's mentioned within the extract. Royal assent is mentioned, therefore the answer is royal assent.

Edit: Yes, you're right that the stimulus is definitely implying that it is proclamation, but the actual notice itself isn't important in answering the question, they're asking for the stage that has been referred to within the notice.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 18, 2013, 04:43:39 pm
Well, the question asks you to outline the stage that's mentioned within the extract. Royal assent is mentioned, therefore the answer is royal assent.

Edit: Yes, you're right that the stimulus is definitely implying that it is proclamation, but the actual notice itself isn't important in answering the question, they're asking for the stage that has been referred to within the notice.

Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 18, 2013, 05:29:00 pm
Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o
The stimulus is important, but it really comes down to the wording of the question.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 18, 2013, 08:50:47 pm
Thanks for the reply. Another quick question, is the High Court interpretation of the Constitution considered statutory interpretation? Is the Constitution considered a piece of 'statute'?

Eg. If you wanted to say statutory interpretation creates precedents, can you then use the HC's interpretation of the "external affairs" section as an example as statutory interpretation?
*EDIT: Also, what is the difference between "reforms" and "changes". There is none is there?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 19, 2013, 12:34:12 pm
Thanks for the reply. Another quick question, is the High Court interpretation of the Constitution considered statutory interpretation? Is the Constitution considered a piece of 'statute'?

Eg. If you wanted to say statutory interpretation creates precedents, can you then use the HC's interpretation of the "external affairs" section as an example as statutory interpretation?
*EDIT: Also, what is the difference between "reforms" and "changes". There is none is there?

Yep, the Constitution is absolutely a statute - just, of the UK.

No difference whatsoever :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 19, 2013, 12:38:39 pm
Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o

Just to clarify, you don't ignore the stimulus. Proclamation is specifically where the *date of commencement* is published (usually in the Gazette)... but EVERYTHING the GG does is published in the Gazette, so you can't assume that Gazette equals Proclamation. The key is, there's no date of commencement here.

Also, it does say which stage is "referred to" - and assent is the only one referenced.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 20, 2013, 02:56:31 am
Just to clarify, you don't ignore the stimulus. Proclamation is specifically where the *date of commencement* is published (usually in the Gazette)... but EVERYTHING the GG does is published in the Gazette, so you can't assume that Gazette equals Proclamation. The key is, there's no date of commencement here.

Also, it does say which stage is "referred to" - and assent is the only one referenced.

But proclamation can occur without the specification of a commencement date, and if this does occur the act will generally come into effect 28 days after Royal Assent had been given to the bill.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2013, 02:36:47 pm
But proclamation can occur without the specification of a commencement date, and if this does occur the act will generally come into effect 28 days after Royal Assent had been given to the bill.

We're getting into technicalities you don't need... but! Acts have been challenged on the grounds of proclamation being overlooked (there was one this year... off the top of my head... what was it???), but also - to the best of my knowledge - 'proclamation' refers to the publication of the commencement date. So, therefore, if no date is published and the act comes into force by default after the period of time stated in the acts interpretation legislation (usually 28 days), *technically* that wouldn't be proclamation... that sounds right, doesn't it? Commencement isn't exactly the same as proclamation. Proclamation is publication of commencement.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on September 20, 2013, 03:04:58 pm
Megan, how did you get a 50 in Legal? How did you revise for it? Do you have any tips or tricks? :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2013, 03:19:14 pm
Okay, it really was YEARS ago, and I'm actually not a great person to model oneself on. I have a good memory for detail so I've never needed to revise particularly, and I write very very quickly so I usually have time to put extra in and cover all bases. These are not things that apply to most people, and I realise I am simply very lucky in terms of what examination-style assessment measures. But, honestly, that's still kind of how I work it when I personally sit exams.

A lot of what I advise my students and in my lectures etc therefore comes from observing, teaching different students, tutoring, marking papers, etc. There are general skills that need to be developed - such as memory, structure, expression, analysis, etc - but the rest depends on the individual, including how much work they need to put in. Sorry I don't have anything more straightforward!
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 22, 2013, 11:12:23 am
sorry megan, just to clarify: if there is no date given, we assume that the proclamation stage is skipped?

ie. are dates essential for proclamation?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 22, 2013, 09:24:20 pm
sorry megan, just to clarify: if there is no date given, we assume that the proclamation stage is skipped?

ie. are dates essential for proclamation?

It's hard to guess exactly how it would be assessed in the Chief Assessor's marking guide, but to be safe if I were answering it I would basically just combine proclamation and commencement in the one stage - not worrying too much about the technical differences.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on September 24, 2013, 12:12:02 pm
Are you guys planning on doing any practice exams these holidays or just revising and relaxing? I definitely wanna go over unit 3 again, but I don't know whether I should actually start practice exams yet or just wait until school starts, because I'll still have a good month left until the legal exam. So what are you guys doing/did you do?
Also, should I start with VCAA papers or other company papers?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 24, 2013, 01:42:41 pm
Are you guys planning on doing any practice exams these holidays or just revising and relaxing? I definitely wanna go over unit 3 again, but I don't know whether I should actually start practice exams yet or just wait until school starts, because I'll still have a good month left until the legal exam. So what are you guys doing/did you do?
Also, should I start with VCAA papers or other company papers?

Thanks!
hi! Legal is my only 3/4 so i am going to start revising now. In terms of practice papers, i am going to leave the 2011 and 2012 vcaa exam till 1-2 weeks before the exams. i dont think you should leave it to one month before the exam due to school already started etc.
Do other companies' papers if you can get your hands on them. I recommend QAT and Neap legal exams (if your school has them) -they are harder than the Vcaa exams.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on September 24, 2013, 03:20:03 pm
Are VCTA and COMPAK papers good? Which papers are the most similar to the VCAA standard?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 25, 2013, 12:32:27 am
Are VCTA and COMPAK papers good? Which papers are the most similar to the VCAA standard?

I try to write CPAP as much in line with VCAA as I can.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 28, 2013, 07:50:46 pm
For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).

Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?



Thanks in advance!
 


Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 28, 2013, 09:13:22 pm
For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).
It's really not a suggested reform, if it has been implemented. There is a difference between an actual reform and a suggested reform.
The study design states as a key knowledge 'reforms and alternatives to the jury system,' therefore, it doesn't make mention of whether the reform must be a suggested one, or on that has been implemented. In the end however, the wording on the exam is what counts. If a question did just say 'discuss one reform to the jury system,' I'd assume they would accept both an actual reform or a suggested reform (although I am not too sure). I'd wait to see what Megan has to say.

Just a quick reminder, don't forget to discuss the reform (briefly outline what it is) and look at how it improves and how it doesn't improve the jury system.


Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?

Thanks in advance!
 

Like I've just said, how can something be suggested if it has already been implemented?
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 29, 2013, 01:55:40 pm
Hi all, for this questions, We talking strengths and weaknesses or telling the assessor the actual process??
1.bill
2. put to the people
3. double majority
4. royal assent

18.   The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’
A.   Evaluate the process of changing the Constitution as outlined in Section 128.


cheers all.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 03:00:29 pm
Hi all, for this questions, We talking strengths and weaknesses or telling the assessor the actual process??
1.bill
2. put to the people
4. royal assent

You must know the process, as it is outlined in the study design. I've yet to see a question asking you to evaluate the strengths and weaknesses of the legislative process, but you may be asked to evaluate the effectiveness of how parliament makes laws.

3. double majority
This requirement under section 128 relates to the referendum process, you need to know this. You will also need to know the process of a referendum in general.
I'm not quite sure I understand the direction of your question, however, in terms of what to answer, it will depend on the question. I don't think I ever seen a question that relates specifically to the strengths and weaknesses of the double majority provision. However, you may get a question which asks you to evaluate the effectiveness of a referendum changing the constitution or something along the lines of that, in which you would be required to discuss the double majority provision in your answer.


18.   The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’
A.   Evaluate the process of changing the Constitution as outlined in Section 128.


cheers all.
Effectively this is a strengths and weaknesses question, as you're asked to 'evaluate.' I wouldn't bother explaining the entire process, I would use elements of the process and explore it in relation to its strength or weakness (if you get what I mean). Overall, yep, you'd be required to discuss the strengths and weaknesses of a referendum.  Also, that quotation seems slightly unrelated to the question that is being asked. Is that meant to be apart of this question?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on September 29, 2013, 03:30:33 pm
I think the quotation is relevant as they are saying that the referendum process is not effective in making changes to the constitution, which is true only 8/44 have been successful.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 29, 2013, 03:39:11 pm
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion


EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.’
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 04:14:39 pm
I think the quotation is relevant as they are saying that the referendum process is not effective in making changes to the constitution, which is true only 8/44 have been successful.

That assertion makes no reference to the quotation at all. The quotation is not talking about its effectiveness to make changes. "The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic right" Yes, I can see how a referendum could be discussed since it's within our constitution, but in terms of protecting human and democratic rights -- I'm not too sure how that relates.
Wait, you could explain how referendums have been passed to protect the rights of groups of individuals, I guess and reference the 1967 (equal citizenship for Aboriginals) referendum. That would make much more sense actually.

Generally however, I'd expect something such as referencing the express rights and the structural protection of rights instead. Unless you could discuss the referendum in terms of structural protection of rights.  However, for the purpose of this question, I think that quotation is quite irrelevant.
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion

Ahh, that makes much more sense. This question is asking you 'evaluate' the process, therefore a discussion of the strengths and weaknesses is required. As a way of framing your answer, you could use the elements of the process as a basis for exploration of such strengths and weaknesses (i.e Double Majority requirement) Here's an example of how I'd do it:

Generally, section 128 provides an effective process for change to the constitution; however, it is also undermined by certain weaknesses which ultimately hinders its ability to do so.

One strength associated with the referendum process is its ability to ensure that smaller states are protected (i.e Tasmania) from being dominated by the more populated states (i.e NSW and Vic). If we only had a national vote to change the constitution, Victoria and New South Wales could act to together and override the wishes of other states and territories. The double majority provision under section 128 of the constitution requires a collective 'in favour/yes' vote from the majority of states (4/6 states) and an 'in favour/yes' vote from the majority of voters within Australia, in order to protect and safeguard the interests of the states. Despite this, the complexity of proposals and level of voter understanding can effectively mitigate the processes ability to amend the constitution. Referendums are generally complex and usually expressed in technical language. Lack of understanding of the process and the arguments being raised may lead to confusion and therefore voters will feel much more inclined to vote 'no' in order to maintain the existing state of affairs. This is reflected in the failure of the 1999 referendum for the establishment of a republic of Australia, where many voters cited the confusing language of the question as the reason for its failure.


Edit: Yikes, that's terrible English. Some sentences are a bit awkward.

Alright, not a great response, but hopefully that will give you an idea of how you might answer that question.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 04:42:23 pm
EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.’
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls


You must discuss all aspects of that quote, therefore a discussion of both the courts and parliament is required. Again, this is another strengths and weakness question.
Firstly, you need to decide to what extent you agree with this statement. I.e You could say that Parliament is more effective than the courts in responding to the needs of society and frame by answering with the strengths of Parliament against the weaknesses of the courts, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 29, 2013, 04:52:23 pm
Thanks man some great responses by you, but for what you said earlier  ''reference the 1969 (equal citizenship for Aboriginals) referendum'' is this supposed to be the 1967 referendum because im not familiar with this 1969 one unless i need to read some more articles which is not in my books lol.. Also i guess i stuffed up a couple of questions simply talking about the courts strengths and weaknesses as a law makers

i guess when they ask questions about parliament as a law maker and courts as a law maker this is in regards to saying something like

 a strength of parliament is that they have the abillity to legislate an entire topic, however due to drafting of legislation this may cause major delays, whereas the courts have the abillity to change the law quickly as they are not burdend by strict parliamentary process, and then a strength and weakness of parliament followed by a strength and weakness of courts.... i hope im on the right track.. someone please guide me haha
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 04:56:43 pm
Thanks man some great responses by you, but for what you said earlier  ''reference the 1969 (equal citizenship for Aboriginals) referendum'' is this supposed to be the 1967 referendum because im not familiar with this 1969 one unless i need to read some more articles which is not in my books lol.. Also i guess i stuffed up a couple of questions simply talking about the courts strengths and weaknesses as a law makers

That is correct! 1967, not 1969 (my mistake! ---fixed)


i guess when they ask questions about parliament as a law maker and courts as a law maker this is in regards to saying something like

 a strength of parliament is that they have the abillity to legislate an entire topic, however due to drafting of legislation this may cause major delays, whereas the courts have the abillity to change the law quickly as they are not burdend by strict parliamentary process, and then a strength and weakness of parliament followed by a strength and weakness of courts.... i hope im on the right track.. someone please guide me haha

The essence of what you're saying is correct, but you'd also need to explain and discuss the points you're making. For example: Legislating on an entire topic - you might want to divulge this concept further and maybe accompany it with an example. I.e issues relating to marriage and custody (among other things) have been amalgamated into the Family Law Act. You could also use the Crimes Act as another example.
Also, because you're discussing the extent to which you agree/disagree, you will need an opening sentence (introduction) and conclusion which outlines your stance and after each body paragraph you should aim to have a concluding sentence which directly references the stimulus. It could be something along the lines of "Therefore, it can be argued that both Parliament and courts can equally respond to the needs of society," again this will vary depending on the extent to which you agree/disagree with the quotation.

Good Job so far! It looks like you're on the right track.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 08:32:11 pm
Okay sorry i was had a bad structure,

Question----> The Commonwealth Constitution is too rigid and this makes it an ineffective mechanism for protecting human and democratic rights.’

1. Evaluate the process of changing the Constitution as outlined in Section 128

for this question here is it asking me to state the strengths and weaknesses of a referendum process or is it asking me to outline the referendum process such as 1. passing of a bill and so on? sorry for the consuion


EDIt***

i have another question sorry,

Q1)Parliament as a lawmaker is more able than the courts to respond to the needs of society.’
Discuss this statement and indicate the extent to which you agree or disagree.

unsure if htis relates to courts as a law maker AKA unit 3 AOS3 or is this unit 3 AOS1 parliament and the citizen?
cheers guys/girls
1. When you are asked to evaluate the process of referendum, you are expected to EVALUATE not EXPLAIN. Thus, you gain little or no marks from describing the whole referendum process.
Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]
2. Your second question about the parliament question.
That is an example of a composite question. It is looking for you to mix the knowledge from AOS1 with AOS3. You need to look at the strengths and weaknesses of both parliament and comment on which of the two you believe is more effective in responding to the needs of society.

Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.


* Oh and I don't know how to multi-quote because I am still (relatively) new here, but Floarison's example of how to answer your evaluate question is excellent and is what I think you should be doing with an evaluate question!



Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 09:06:04 pm
Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.

What you're saying is correct, but that's not what is being implied by the title. I'll try reword it to illustrate what I mean. It's entitled equal citizenship rights for aboriginals, meaning as citizens they were finally granted equal rights Remember section 51 (xxvi) deleted the clause excluding the Commonwealth Parliament from making laws on behalf of Aboriginals. The referendum ensured that the Commonwealth was able to now make laws that allowed Aboriginals to share the same rights as non-indigenous Australians  -- equality was therefore granted for indigenous citizens. Also the deletion of section 127 meant that they could now be counted in the census (just like non-indigenous Australians). So, yeah that's where the title comes from. But you're right, the referendum broadened the powers of the Commonwealth to make laws in Aboriginal affairs.

Does that make sense?

Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]

I'm 99.99% sure with evaluate questions, inserting an opinion is irrelevant. They don't care about your opinion (as blunt as that sounds), but rather interested in your objective evaluation of whatever it is you are evaluating. Unless the question directly asks, "to what extent do you agree/disagree" or "in your opinion," then that's when you'd provide your own opinion (as you have done). However, since I'm not 100% sure, it would be wise to consult the examiners report and see what the VCAA has to say about this or you could wait until Megan or someone else can confirm this.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 09:39:25 pm
What you're saying is correct, but that's not what is being implied by the title. I'll try reword it to illustrate what I mean. It's entitled equal citizenship rights for aboriginals, meaning as citizens they were finally granted equal rights Remember section 51 (xxvi) deleted the clause excluding the Commonwealth Parliament from making laws on behalf of Aboriginals. The referendum ensured that the Commonwealth was able to now make laws that allowed Aboriginals to share the same rights as non-indigenous Australians  -- equality was therefore granted for indigenous citizens. Also the deletion of section 127 meant that they could now be counted in the census (just like non-indigenous Australians). So, yeah that's where the title comes from. But you're right, the referendum broadened the powers of the Commonwealth to make laws in Aboriginal affairs.

Does that make sense?

I'm 99.99% with evaluate questions, inserting an opinion is irrelevant. They don't care about your opinion (as blunt as that sounds), but rather interested in your objective evaluation of whatever it is you are evaluating. Unless the question directly asks, "to what extent do you agree/disagree" or "in your opinion," then that's when you'd provide your own opinion (as you have done). However, since I'm not 100% sure, it would be wise to consult the examiners report and see what the VCAA has to say about this or you could wait until Megan or someone else can confirm this.
Yeah that Indigenous point is a minor one. My fault, they were given equal citizenship; What I MEANT to say/make clear was that they weren't given citizenship in that referendum as that it possibly a confusion.
With evaluate, you have to have an opinion and express it in the answer. I am 100%on that. As in, you have to make a judgment on whether you agree or disagree-regardless of whether the question asked you to or not. Being objective is really bad in evaluating questions. I am pretty sure you automatically get marks deducted if you don't have a clear opinion or stance in higher-order evaluate, analyse etc. questions because you haven't truly evaluated (weigh up s + w)-  Being objective can't do that .
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on September 29, 2013, 10:01:01 pm
With evaluate, you have to give your opinion. As in, you have to make a judgment on whether you agree or disagree. Regardless of whether the question asked to or not. Being objective is bad in evaluating questions. I am pretty sure you automatically get marks deducted if you don't have a clear opinion or stance in higher-order evaluate, analyse etc. questions because you haven't truly evaluated.

Marks deducted? Or do you mean you won't get awarded marks?
Alright, I wasn't entirely sure anyways I was under the impression that 'evaluate' only required you to discuss the strengths and weaknesses in terms of the question, without the need of an opinion. But there you go. :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 10:08:20 pm
Marks deducted? Or do you mean you won't get awarded marks?
Alright, I wasn't entirely sure anyways I was under the impression that 'evaluate' only required you to discuss the strengths and weaknesses in terms of the question, without the need of an opinion. But there you go. :)
Marks awarded*. Thanks for picking that crucial point up.
Yeah I only learned that opinion thing about evaluating things a few weeks back - lucky it was before not after the exam! :P
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 29, 2013, 10:34:01 pm
1. When you are asked to evaluate the process of referendum, you are expected to EVALUATE not EXPLAIN. Thus, you gain little or no marks from describing the whole referendum process.

Entirely agree. And then parts of the process might naturally come out during that evaluation.

Also, with evaluate, remember to include an opinion. Eg. I believe referenda are largely ineffective in protecting rights [link back to stimulus]

Yep, entirely agree.

2. Your second question about the parliament question.
That is an example of a composite question. It is looking for you to mix the knowledge from AOS1 with AOS3. You need to look at the strengths and weaknesses of both parliament and comment on which of the two you believe is more effective in responding to the needs of society.

Also agree!

Also, one quick thing. 1967 referendum didn't give equal citizenship. It gave the Commonwealth powers to make laws with regards to Indigenous Australians and allowed them to include them in the Federal Census. Indigenous Australians were Australia citizens prior to this referendum.

Also agree :) Aboriginal people had been citizens since 1949, and all the change to s51 did was allow the Commonwealth to make uniform national laws regarding the Aboriginal race. They could use this power to grant rights, but also to take away rights if they wanted (like some people argue the NT intervention laws do).


Lastly, just regarding the question about referenda and rights: the referendum process is very relevant to rights because it is the only way in which express rights can be removed, modified (in terms of their wording, not their interpretation) or new ones added. The process is also the only way to alter the sections on which implied rights (and even structural protections) are based. It therefore makes the people the ultimate arbiters of their own rights - but if referenda are difficult to pass, the rights are difficult to update, too. Hence, rigid.

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 29, 2013, 10:42:57 pm
For suggested reforms to the jury system, would I be marked incorrect by VCAA on the exam if I said "one suggested reform is to improve jury directions? Because the Vic. parliament has recently legislated on this issue (Jury Directions Bill 2012).

Is VCAA really tight with 'suggested reforms"? Ie. can suggested reforms be something that is already put in place? Would something like improving jury directions not be a "suggested reform" but instead, a "recent change"?


Sorry, Murph - assented to on 13 March, so a 'recent change'.

On the bright side, the SD doesn't specify recent or recommended for your jury reforms, so having one or two of each is really just playing it safe :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on September 29, 2013, 10:44:22 pm
Sorry, Murph - assented to on 13 March, so a 'recent change'.

On the bright side, the SD doesn't specify recent or recommended for your jury reforms, so having one or two of each is really just playing it safe :)
Haha thanks, I was worried that wouldn't be answered!
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on September 30, 2013, 07:13:47 pm
Awesome discussion guys, thanks for the help. btw this question was a past exam question from 2004 or 05 i think so out of the old study design thus may confusion ppl, i did a trial exam from tssm last week with questions from the 2004 legal studies exam, wtf?
Title: Re: VCE Legal Studies Question Thread
Post by: kevinnguyen on October 03, 2013, 11:04:02 am
I need help in this question. - Thanks

Raymond has been found gulity of culpable driving and was sentenced to 150 hours of Community service

Identity one pre-trial procedure Raymond would have gone through before his Trial.
Assess the ability of this pretrial procedure?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 12:31:12 pm
Hey guys,

This is more a general question...
So I found that when I'm responding to 10 mark questions each point I make tends to be too detailed and I feel like I write too much. I'm the kind of person who gets carried away when answering 10 mark questions so to stop myself from spending too much time on it in the exam, what is the recommended number of points you should make in a 10 mark question (sorry I know it varies depending if a question has multiple parts)?

If somebody could show me a concise but still detailed 10 mark response that would get in the upper range that would be soooo helpful.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 12:40:15 pm
I need help in this question. - Thanks

Raymond has been found gulity of culpable driving and was sentenced to 150 hours of Community service

Identity one pre-trial procedure Raymond would have gone through before his Trial.
Assess the ability of this pretrial procedure?

I would talk about a bail hearing but you could also talk about a committal hearing depending
'Raymond would have gone through a bail hearing to determine if he would be granted bail or held in custody on remand. (this would probably be fine if its just one mark for identifying it)

Then is it assess the ability to uphold the elements of a fair trial?
'Bail hearings uphold the presumption of innocence by potentially releasing a person until they are proven guilty. They help ensure a fair trial as the defendant is treated innocent until it is proven otherwise in court. However the rights of the defendant need to be carefully weighed against the rights of the community. The community needs to be protected from further harm due to the behaviour of the accused'

Is the question 4 marks?
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 03, 2013, 12:52:17 pm
Hey guys,

This is more a general question...
So I found that when I'm responding to 10 mark questions each point I make tends to be too detailed and I feel like I write too much. I'm the kind of person who gets carried away when answering 10 mark questions so to stop myself from spending too much time on it in the exam, what is the recommended number of points you should make in a 10 mark question (sorry I know it varies depending if a question has multiple parts)?

If somebody could show me a concise but still detailed 10 mark response that would get in the upper range that would be soooo helpful.



For 10 mark questions, I do this

Agree/disagree with the statement, E.g AN individual has recently said the jury system is outdated and plays no part in the effectiveness of the legal system, therefore introduce the piece with an
agree/disagree, now uno u have one more for stating your stance, therefore the other 9 marks comes from identifying a strength of the jury system then a weakness of a jury system

it should be 4 strengths followed by 4 weaknesses, equallying 8 marks if identified and explain,then lastly finish with a conclusion such as the jury systems strengths far outweight the weaknesses therefore provides an effective legal system, blah blah blah. which results in one mark too, so therefore you have achieved 10 marks for the questions if properly structued as stated above, hope this helps. if not there are many more people here that will help.
Title: Re: VCE Legal Studies Question Thread
Post by: arshavin23 on October 03, 2013, 01:11:37 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 01:14:15 pm

it should be 4 strengths followed by 4 weaknesses, equallying 8 marks if identified and explain,then lastly finish with a conclusion such as the jury systems strengths far outweight the weaknesses therefore provides an effective legal system, blah blah blah. which results in one mark too, so therefore you have achieved 10 marks for the questions if properly structued as stated above, hope this helps. if not there are many more people here that will help.

Okay, you know thanks for the help, I think I'll do 4 point with a corresponding weakness/disadvantage/alternative/comparison.. I'll try it out see how i go.

I need help in this question. - Thanks

Interestingly enough I came across a similar question as you. It was on one of the exams and I remember it being two marks (at least part two was).

In your question I think it might have been the word ‘ability’ that thru you off, it’s quite strange and vague in this context. Instead I would look at it as ‘effectiveness’ of your chosen pre-trial procedure. Much like Hannah I would say a strength and weakness.

Eg.  Remand is an effective criminal pre-trial procedure as it protects the community by removing from society, and holding in custody, those accused who are believed to likely cause harm or abscond. However, if Raymond was held on remand, it denied him the presumption of innocence and removed his ability to prepare his defence thus limiting his ability to receive a fair trial.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 01:18:59 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?

Pretty sure study design wants an example of a successful referendum, it didn't say anything about a failed referendum. Maybe just know the stats (I think 8/44 have been successful) that shows more powerfully the ineffectiveness of a referendum then one example 
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 03, 2013, 01:45:09 pm
Hey guys,

This is more a general question...
So I found that when I'm responding to 10 mark questions each point I make tends to be too detailed and I feel like I write too much. I'm the kind of person who gets carried away when answering 10 mark questions so to stop myself from spending too much time on it in the exam, what is the recommended number of points you should make in a 10 mark question (sorry I know it varies depending if a question has multiple parts)?

If somebody could show me a concise but still detailed 10 mark response that would get in the upper range that would be soooo helpful.
I could send you a 10 marker that I just completed yesterday on a practice paper; if you want.
But generally things to look out for:
1. Task words: generally 10 markers require you to evaluate. S+W and opinion.
2. Actually responding to the whole question. Ie. don't focus on one part only. Respond to quotes, stimulus etc. Everything in the question
3. When a 10 marker has "effectiveness" in it, always refer to FAT if it is on adversary, jury or pre-trial procedures.
4. The number of strengths + weaknesses is not formulaic. But use your common sense. I always aim for 3 s + w. (4 might be too much, but I focus on detail so you might be different).
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 03, 2013, 01:47:11 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?
Doubt you need to know this but the easiest example is the 1999 Republic Referendum. Costed $67 million to hold. Lack of bipartisan support (John Howard was against it; led to confusing or complex info. placed on the ballot sheet). Referendum was unsuccesful and expensive.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 03, 2013, 01:54:11 pm
I could send you a 10 marker that I just completed yesterday on a practice paper; if you want.
But generally things to look out for:
1. Task words: generally 10 markers require you to evaluate. S+W and opinion.
2. Actually responding to the whole question. Ie. don't focus on one part only. Respond to quotes, stimulus etc. Everything in the question
3. When a 10 marker has "effectiveness" in it, always refer to FAT if it is on adversary, jury or pre-trial procedures.
4. The number of strengths + weaknesses is not formulaic. But use your common sense. I always aim for 3 s + w. (4 might be too much, but I focus on detail so you might be different).

yeah please do.
I'm a detail person myself, that's my issue. I can do two great points then not have time for a third.
Really helpful tips,
Cheers.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 03, 2013, 03:10:54 pm
Hi, Just wondering for the magistrates courts im comparing cost, just wondering not that it states it on the study design, but just to strengthen my argument, what is the starting fee in the magistrates court, i think it was a $150, in comparison to VCAT which is $36.20, is it possible to get a confirmation on this please. thank you
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 03, 2013, 04:38:13 pm
Raymond has been found guilty of culpable driving and was sentenced to 150 hours of community service
Describe the explain the purpose of this procedure
Assess the ability of this pre-trail procedure in achieving its purpose

A Criminal pre-trial procedure that Raymond would have gone through before his trial is Remand and Bail. Bail refers to situation in which a person is charged with criminal offence and is released from custody until time of their court hearing or trial. Purpose of Bail is uphold the presumption of innocence by releasing the person (Raymond) until guilt or otherwise is determined in trial. It also, allows the accused to prepare his/her case. There are usually conditions attached to bail; for instance, surrendering the passport and regular reporting to police.

I am missing the 2 part of  Assess the ability of this pre-trail procedure in achieving its purpose. i dont know, how to answer it? please help
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 03, 2013, 06:06:56 pm
Raymond has been found guilty of culpable driving and was sentenced to 150 hours of community service
Describe the explain the purpose of this procedure
Assess the ability of this pre-trail procedure in achieving its purpose

A Criminal pre-trial procedure that Raymond would have gone through before his trial is Remand and Bail. Bail refers to situation in which a person is charged with criminal offence and is released from custody until time of their court hearing or trial. Purpose of Bail is uphold the presumption of innocence by releasing the person (Raymond) until guilt or otherwise is determined in trial. It also, allows the accused to prepare his/her case. There are usually conditions attached to bail; for instance, surrendering the passport and regular reporting to police.

I am missing the 2 part of  Assess the ability of this pre-trail procedure in achieving its purpose. i dont know, how to answer it? please help
The question seems to be phrased very weirdly, but I'm gonna assume you mean bail. Assess the ability of the pre trial procedure in achieving its purpose basically means you explain to what extent bail achieves its purpose. You've already answered some of this question in the first part.

So for bail you could write:
Bail is an pre-trial procedure which achieves its purpose because it protects the rights of the accused by assuming the accused is innocent until proven guilty, and hence providing a fair and unbiased hearing. However, under exceptional circumstances (e.g. when the accused is being charged with murder or treason), bail may be refused and this may hinder the ability of bail to achieve its purpose. Overall, bail is able to achieve its purpose effectively, because bail is only refused in exceptional circumstances.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 06:10:44 pm
in addition

Bail is successful in achieving its purpose of upholding the presumption of innocence and treating the accused equally until they are proven guilty be releasing accused people. However another purpose of bail and remand is to protect the community from dangerous defendants. Remand is successful in doing so but bail may fail to protect the community by incorrectly determining an accused person to not be dangerous.
But as abominableMowman said bail hearings are generally effective in contributing to a fair and unbiased trial
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 03, 2013, 06:12:33 pm
thank you
 
Can you help me with this one

One element of an effective legal system is the entitlement to a fair and unbiased hearing. Select one aspect of criminal procedure to illustrate
How this aspect helps achieve this element.
How this aspect can limit achievement of this element
Describe a possible solution to this problem (using examples of recent and/ recommendations for change).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 03, 2013, 06:19:28 pm
yeah please do.
I'm a detail person myself, that's my issue. I can do two great points then not have time for a third.
Really helpful tips,
Cheers.

For big questions such as the 10-marker I always do more points than the total number of marks. So, for 10 marks I would always cover more than 10-points. Fewer than 10 points made means you're asking the examiner to double-award you for one or more points, and it doesn't give you backup if they hate something you wrote (or it's incorrect).

Also, the 10-marker usually runs about three pages of writing. Two sections is way too few for this volume of writing. Think of one point being about 3-5 lines of writing, then multiply out. When you get to the end of the fourth line, finish the point you're doing and move on.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 03, 2013, 06:20:23 pm
Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?

Not as a required case study - but they can really help when illustrating factors influencing the success/failure of a referendum.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 03, 2013, 06:22:17 pm
thank you
 
Can you help me with this one

One element of an effective legal system is the entitlement to a fair and unbiased hearing. Select one aspect of criminal procedure to illustrate
How this aspect helps achieve this element.
How this aspect can limit achievement of this element
Describe a possible solution to this problem (using examples of recent and/ recommendations for change).
basically what i wrote above but add in a bit of stuff about fair and unbiased hearings

Bail contributes to the achievement of a fair and unbiased hearing because it protects the rights of the accused to be deemed innocent until proven guilty. However, if bail is refused, it does not provide the element of a fair and unbiased hearing because the rights of the accused are not protected. A possible reform to the system of bail is that the necessity to provide a deposit of money (or other security) could be removed, because some people may not be able to afford to pay for bail and this would enhance the ability of bail to achieve a fair and unbiased hearing.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 03, 2013, 06:24:45 pm
Hi, Just wondering for the magistrates courts im comparing cost, just wondering not that it states it on the study design, but just to strengthen my argument, what is the starting fee in the magistrates court, i think it was a $150, in comparison to VCAT which is $36.20, is it possible to get a confirmation on this please. thank you

Just the filing fee without any ongoing fees included? As of the 29 September 2012 it was $475.80 for a claim under $40,000 - up to $2140.00 for a claim over $70,000.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 03, 2013, 07:14:45 pm
JEASOUS CRIST fee's have gone up, for small claims my atarnotes study guide indicates for small claims of vcat is $36.20 and $150 starting fee of the magistrates court.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 08:08:16 pm
yup fees have gone up heaps recently! especially in VCAT but its a recent reform we can talk about - it hinders access to the legal system
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 03, 2013, 08:15:54 pm
yup fees have gone up heaps recently! especially in VCAT but its a recent reform we can talk about - it hinders access to the legal system
But it still way lower than courts, so it would still be improving access (to some extent), would it not? 
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 08:27:08 pm
But it still way lower than courts, so it would still be improving access (to some extent), would it not? 

Yeah the overall concept and process of VCAT improves access but the actual reform of increasing administrative fees etc means it has taken a step backward in helping people that really would struggle financially(in my own opinion anyway). Perhaps the increase means some people who would have been able to afford to take their claim to VCAT before, cant now.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 03, 2013, 09:15:52 pm
Yeah the overall concept and process of VCAT improves access but the actual reform of increasing administrative fees etc means it has taken a step backward in helping people that really would struggle financially(in my own opinion anyway). Perhaps the increase means some people who would have been able to afford to take their claim to VCAT before, cant now.
Hmm.. I don't think the administration rises have been steep. Probably a few dollars, to adjust for inflation and such. (eg. $30 - $37.90 for Small claims?)  So I wouldn't go and write VCAT is more expensive now on an exam, due to rise in administrative costs.  Plus remember court costs  rise as well, so in terms of a Court v VCAT comparison, I don't think rise in admin fees is that convincing.
 Perhaps the VCAT has become more legalistic. They now hear some large disputes, such as land disputes (eg. Environment Planning list) which can have claims totaling up to millions of dollars. So legal representation is now allowed or required in some lists. Perhaps the need for legal rep (and costs) have risen?
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on October 03, 2013, 09:17:30 pm
How do you explain the role of the VLRC in relation to recent changes designed to enhance the effective operation of the legal system?
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 03, 2013, 10:35:19 pm
Hmm.. I don't think the administration rises have been steep. Probably a few dollars, to adjust for inflation and such. (eg. $30 - $37.90 for Small claims?)  So I wouldn't go and write VCAT is more expensive now on an exam, due to rise in administrative costs.  Plus remember court costs  rise as well, so in terms of a Court v VCAT comparison, I don't think rise in admin fees is that convincing.
 Perhaps the VCAT has become more legalistic. They now hear some large disputes, such as land disputes (eg. Environment Planning list) which can have claims totaling up to millions of dollars. So legal representation is now allowed or required in some lists. Perhaps the need for legal rep (and costs) have risen?

I probably wouldn't no, but they have risen under a new government scheme (it was something to do with taxation i think). Many changes have yet to be implemented though but many were introduced in March this year. For example mediation has always been free except for legal rep. but now it can incur fees of up to $300 a day, people claiming faulty goods against service providers now have to pay $160 which used to be around $37 i think and complex cases will have fees of about $1800 after the first day.
You wouldn't talk about this on a question asking about VCAT though.You could talk about it in a question asking for a recent reform to an aspect of the legal system and how it has impacted on the elements of an effective legal system.
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 04, 2013, 11:32:29 am
Juries are used both in criminal and civil trials in Victoria. Any person can be selected to be on the jury. It is the best system of justice used in Victoria.

a) what is the role of jury in a civil trial? how does this differ from their roles in a criminal trial (2marks)
b) Explain the two factors that affect the composition of juries
c) Do you agree with statement above? Give reasons for your response (4) marks
d) One element of an legal system is the timely resolution of disputes. Select one aspect of the jury to illustrate
how this aspect helps to achieve this element
how this aspect can limit the achievement of this element (2+2) marks
e) Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness

a.)   What is the role of the jury in a civil trial? How does this differ from their role in a criminal trial? The role of the jury in a civil trial is to decide question of fact, whether the defendant is liable and possible remedy, such as the amount of damages. Juries will reach a majority verdict of 5/6 on the balance of probabilities. The role of the jury in a criminal trial is different as the jury decides on question of fact but they play no role in imposing sanctions. Juries in a criminal trial will reach a unanimous verdict within 6 hours or for some indictable offences, be given the opportunity to deliver a majority of 11/12. The jury will determine whether the prosecution have proven their case beyond all reasonable doubt. 
b.)   Explain the TWO factors that affect the composition of juries.
c.)   Do you agree with the statement above? Give reasons for your response.
The jury system is an integral part of our legal system. I agree with the statement above as it is seen as the foundation of the system, it is necessary in order for effective operation of trial in Victoria. Its unique features that act as fact-finders are seen as both reliable and representative.

The Jury contributes to a fair and unbiased hearing in a number of ways. Crucially, they are a randomly selected impartial body of 6 or 12 laypersons that have skills in their main role as triers of fact. Juries are said to true cross-sections of the community and therefore reach a true and fair verdict, acting as buffers, particularly in criminal trials, between the prosecution and the individual. Juries vigorously test the evidence and accusations, acting as safeguard to uphold the standard of beyond all reasonable doubt. The fact that they are 12 ordinary people with no bias for either party ensures that a fair and true verdict results.

In addition, the jury is seen to provide limited access to mechanisms for dispute resolution. As jurors are compulsory for criminal trials in the County and Supreme Courts for pleas of not guilty, defendants have equal access in determining the actual composition of a trial through peremptory challenges and challenges for cause. As a result, public access to the legal system’s trial process allows suitable individuals to participate in the administration of justice. By accessing the trial process, jurors not only hear and determine cases but also increase the public’s knowledge of the law and increase community confidence that the trial process is transparent.

Furthermore, the use of a jury in Victoria allows the decision-making to be spread over more shoulders, rather than being placed solely in the hands of a judge. For example, if 12 people decide that a person is guilty, it is more likely to be correct than a decision made only by a single person. Consequently, people are more likely to feel confident in the decision made.

On the whole, the jury system is generally successful in representing the community’s views and values in court. They aid in creating a fair and unbiased hearing and giving the community further access and involvement in the legal system. It also spreads the responsibility of making a decision over more shoulders providing a more confident decision in the eyes of the community. As this is the case, the jury fulfils their role of reaching a true verdict, which ensures an effective legal system.
d.)   One element of an effective legal system is the timely resolution of disputes. Select ONE aspect of the jury system to illustrate:
-   How this aspect helps to achieve this element.
-   How this aspect can limit the achievement of this element
e.)   Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness. An alternative to the jury system is trial by judge. It is true that a judge’s expertise and experience in the legal field is not fully utilized in the current system. They would be able to appropriately apply the law to the situation and reach a true verdict. There would be less chance that jurors would not understand any technical evidence and furthermore, trial by judge would reduce both costs and time. However, this alternative would end the notion of trial by peers, whereby community involvement would no longer exist in the trial process. The verdict would rest with an individual rather than a range of laypeople that represent the current community’s views and values.
Can anyone read over it, to see if i covered that information right please

Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 04, 2013, 04:32:51 pm
Hey guys
I was looking through the VCAA sample exam for legal and there was a question: Describe the role of the Victorian Civil and Administrative Tribunal (VCAT).
I can do that, but it was worth two marks, so I don't know how I'd answer it to satisfy two marks without writing waaay too much.. How would you answer this question to satisfy two marks?
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 04, 2013, 04:50:47 pm

Hey guys
I was looking through the VCAA sample exam for legal and there was a question: Describe the role of the Victorian Civil and Administrative Tribunal (VCAT).
I can do that, but it was worth two marks, so I don't know how I'd answer it to satisfy two marks without writing waaay too much.. How would you answer this question to satisfy two marks?

VCAT was established as an avenue of dispute resolution that is easily accessible to people in the community, using informal processes that are easy to understand.  It aims to provide low-cost proceedings and timely resolution of disputes, as well as experts in particular fields of law, such as anti-discrimination.

This got me full 2 marks on a sac. You could even add something like 'other than the courts' in the first sentence
 :)
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 10:46:12 am
Please help me with this question
Juries are used both in criminal and civil trials in Victoria. Any person can be selected to be on the jury. It is the best system of justice used in Victoria.

a) what is the role of jury in a civil trial? how does this differ from their roles in a criminal trial (2marks)
b) Explain the two factors that affect the composition of juries
c) Do you agree with statement above? Give reasons for your response (4) marks
d) One element of an legal system is the timely resolution of disputes. Select one aspect of the jury to illustrate
how this aspect helps to achieve this element
how this aspect can limit the achievement of this element (2+2) marks
e) Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 12:58:18 pm
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
Title: Re: VCE Legal Studies Question Thread
Post by: mattbrown19 on October 05, 2013, 01:08:16 pm
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
In basic terms;
Criminal= punish, deter, denunciate, rehabilitate, protect.
Civil= force someone to do something; or prohibit them from doing something (ie. injunctions)
-to restore plaintiff to position he was in before the act or omission (compensatory damages)
- to punish individuals (punitive) etc.
so there are similitaries (eg to punish) and a lot of differences.
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 01:15:57 pm
can you please answering more clearly; i get what you mean by listing all that
Title: Re: VCE Legal Studies Question Thread
Post by: kevinnguyen on October 05, 2013, 02:39:32 pm
what is role of jury in civil trial? how does thos differ from their role in crimnal trial?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 05, 2013, 03:47:01 pm
Do we actually need to know the role of the commonwealth parliament as part of the key knowledge: the structure of the Victorian and Commonwealth parliament and the roles played by the Crown and the Houses of Parliament in lawmaking?
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 05, 2013, 03:58:26 pm
what is role of jury in civil trial? how does thos differ from their role in crimnal trial?

The main difference is that in a civil case, the jury (along with the judge), has the ability to determine the remedy such as damages. Whereas, in a criminal trial, it is up to the magistrate or judge (if in a higher court) to determine the criminal sanction - the jury just gives the verdict "guilty" or "not guilty".

Do we actually need to know the role of the commonwealth parliament as part of the key knowledge: the structure of the Victorian and Commonwealth parliament and the roles played by the Crown and the Houses of Parliament in lawmaking?

I think so. If you go back through past VCAA exams, they tend to ask the structure of parliament (can be either Cwth or Vic.)/role of Crown etc. as the first question. They are easy marks in my view. Worth knowing just in case it comes up.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 05, 2013, 04:02:18 pm
Yeah structure i'll definitely learn! But i mean the actual ROLE because in my notes I have some roles listed, but nowhere in that dotpoint does it mention the role if the CW  parliament- only the crown and the upper and lower house so Idk..
Edit: I think I just answered my own question...

Oh, and post no. 555!  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: mattbrown19 on October 05, 2013, 04:13:48 pm
Yeah structure i'll definitely learn! But i mean the actual ROLE because in my notes I have some roles listed, but nowhere in that dotpoint does it mention the role if the CW  parliament- only the crown and the upper and lower house so Idk..
i dont think they wll ask for roles of clth parliament (they never have). they might ask the roles of a house of cwlth parliament. But, to be on the safe side, the role of cwlth parliament is to:
-determine which party forms federal govt
-to legislate on areas of cwlth powers (concurrent and exclusive)
-to control cwlth expenditure
-provide a forum for debate etc.
- delegate fundings to state govts.

as you can see, the roles of the cwlth parliament in general is similar to roles of the houses of parliament so youre not learning new content or anything.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 05, 2013, 04:30:10 pm
Yeah structure i'll definitely learn! But i mean the actual ROLE because in my notes I have some roles listed, but nowhere in that dotpoint does it mention the role if the CW  parliament- only the crown and the upper and lower house so Idk..
Edit: I think I just answered my own question...

Oh, and post no. 555!  ;D

I would learn a role of the lower house and a role of the lower house. I have seen a few 2013 exams that ask for one role of each house of parliament (it doesn't matter for which of state or commonwealth - they are basically the same) and a role of the crown.

for example (the ones i am learning)
lower house - to provide representative government by the method of determining government
upper house - to act as a house of review
the crown - to give royal assent
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 05, 2013, 04:37:00 pm
a.)   One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
-   How this aspect helps to achieve this element
-   How this aspect can limit the achievement of this element
-   Describe a possible solution to this problem (using examples of recent and/or recommendations for change).
 
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 05, 2013, 05:07:23 pm
a.)   One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
-   How this aspect helps to achieve this element
-   How this aspect can limit the achievement of this element
-   Describe a possible solution to this problem (using examples of recent and/or recommendations for change).
 

You could talk about need for legal representation
It helps litigants understand court processes and the rules of evidence etc. This is especially helpful in pre trial procedures which are very complicated and difficult to understand.
They can be very expensive which may mean parties do not pursue legal action in the first place or their financial recourses may be exhausted during pre trial procedures before the matter even reaches court.
The increased use of ADR methods of dispute resolution and tribunals such as VCAT has helped with this somewhat as there is much less need for LR meaning people who are unable to afford it can still access the legal system.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 05, 2013, 05:32:45 pm
a.)   One element of an effective legal system is having effective access to the legal system. Select ONE aspect of civil procedures to illustrate:
-   How this aspect helps to achieve this element
-   How this aspect can limit the achievement of this element
-   Describe a possible solution to this problem (using examples of recent and/or recommendations for change).

San, with respect, you need to do some work by yourself. you cant just copy and paste questions hoping people here will do your homework for you.
Title: Re: VCE Legal Studies Question Thread
Post by: San on October 06, 2013, 11:07:13 am
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
The purpose of civil remedies is to restore the plaintiff to the position they were in before the harm occurred. The purpose of criminal sanctions differs from civil remedies as it aims to punish, deter, rehabilitate, denunciate and to protect the community from the offender.

Is this enough for 1 mark ?
Title: Re: VCE Legal Studies Question Thread
Post by: Lasercookie on October 06, 2013, 11:29:25 am
San, with respect, you need to do some work by yourself. you cant just copy and paste questions hoping people here will do your homework for you.
I agree with this. It doesn't really matter if it's questions being asked for homework, for revision from practice exams or just for the sake of learning. There's plenty of people that are more than happy to answer questions on the site, but asking a question should in most cases consist of more than just copying and pasting question.

It really is helpful to see what working you've figured out so far and outlining what part of the question you're actually having trouble with or are concerned about. It looks like you've done that in your post just above mine, so that's good.

That usually ends up in more fruitful discussion too. The person asking the question gets a more direct answer to the problem they were having e.g. you'll avoid problems like this
can you please answering more clearly; i get what you mean by listing all that
as well as the discussion will probably end up being a bit deeper than just Question. Answer. Question. Question. Answer. which frankly isn't as interesting as actually engaging the subject matter.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on October 06, 2013, 12:20:27 pm
How does the purpose of criminal sanctions differ from the purpose of civil remedies?
The purpose of civil remedies is to restore the plaintiff to the position they were in before the harm occurred. The purpose of criminal sanctions differs from civil remedies as it aims to punish, deter, rehabilitate, denunciate and to protect the community from the offender.

Is this enough for 1 mark ?

Purpose of Civil remedies:
Restore individual back to original position - that is, before the breach had occurred. (i.e Specific compensatory damages)
Rectify situation caused by the person who is found to be in the wrong. (i.e Injunction)

Although this is not the main aim of civil remedies, some remedies such as Exemplary Damages actually aim to punish the individual in the wrong and in effect, deter individuals from engaging in a similar civil wrong. So, if this was me answering this question, I wouldn't say that punishment and deterrence is a difference. Instead, I'd insert a sentence such as "Similarly to criminal sanctions, civil remedies aim to also punish and deter, although to differing degrees" or something like that. That sentence isn't a very good example, but I'm just trying to illustrate what I mean.

Other than that, your answer looks fine.

Just a thing with the structure of your answer, maybe it would be more effective to start off with a sentence that states how they're similar (my above example, or something of the like), then follow it up by saying something like "however, the purpose civil remedies and criminal sanctions differ, as the former aims to [insert difference] whereas the latter aims to [insert difference]" I don't know if this is an ideal way of structuring your answer, but to me it seems much more effective than just stating what the purpose is of civil remedies without any recognition of how it differs from criminal sanctions.

Hmm, well you have used the word differ to differentiate the purposes....actually, you'd probably get the marks with that structure anyways.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 08, 2013, 09:08:35 am
‘Critically evaluate the effectiveness of the jury system in contributing to an effective legal system” 10 Marks.

Does this question require you to evaluate the strengths and weakness of the jury system (that is, identifying 5 strengths and 5 corresponding weaknesses to gain full marks)?

OR

Does this question require you to evaluate the strengths and weaknesses of the jury system in achieving fair and unbiased hearings, timely resolution and effective access to justice (one way in doing this would be to have the 3 elements as you topic sentences and evaluate at least two strengths that contribute to the element and two corresponding weaknesses that hinder the ability to achieve that element)

Because I believe the latter is the approach needed to gain full marks and this is what I did in my legal SAC yet my teacher believes that the simply listing of 5 strengths and 5 weaknesses is what is needed to gain full marks. The fact that I did not provide a total of 10 points meant that my teacher only gave me a 6/10. If I can get your opinions on whether I am right to think my teacher is incompetent or whether I actually didn’t correctly interpret the question that would be very helpful as I am currently very pissed off. Cheers guys.
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 08, 2013, 09:50:36 am
‘Critically evaluate the effectiveness of the jury system in contributing to an effective legal system” 10 Marks.

Does this question require you to evaluate the strengths and weakness of the jury system (that is, identifying 5 strengths and 5 corresponding weaknesses to gain full marks)?

OR

Does this question require you to evaluate the strengths and weaknesses of the jury system in achieving fair and unbiased hearings, timely resolution and effective access to justice (one way in doing this would be to have the 3 elements as you topic sentences and evaluate at least two strengths that contribute to the element and two corresponding weaknesses that hinder the ability to achieve that element)

Because I believe the latter is the approach needed to gain full marks and this is what I did in my legal SAC yet my teacher believes that the simply listing of 5 strengths and 5 weaknesses is what is needed to gain full marks. The fact that I did not provide a total of 10 points meant that my teacher only gave me a 6/10. If I can get your opinions on whether I am right to think my teacher is incompetent or whether I actually didn’t correctly interpret the question that would be very helpful as I am currently very pissed off. Cheers guys.


critically evaluate means that you have to just go very deep into either 5 strengths or 5 weaknesses. I would do strengths as it asks how it contributes to an effective legal system - and yes this means fairness access and timelines you were right for the SAC. critically evaluate means you must talk about a strength for example and then say if there is anything that is detrimental to this (so a weakness more or less) but then argue it back to the strength outweighing it (or the weakness outweighing the strength if you want). But in this case they should all relate to FAT somehow as it is what the question is asking.

Sorry that was a really bad explanation
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 08, 2013, 10:53:11 am
‘Critically evaluate the effectiveness of the jury system in contributing to an effective legal system” 10 Marks.

Does this question require you to evaluate the strengths and weakness of the jury system (that is, identifying 5 strengths and 5 corresponding weaknesses to gain full marks)?

OR

Does this question require you to evaluate the strengths and weaknesses of the jury system in achieving fair and unbiased hearings, timely resolution and effective access to justice (one way in doing this would be to have the 3 elements as you topic sentences and evaluate at least two strengths that contribute to the element and two corresponding weaknesses that hinder the ability to achieve that element)

Because I believe the latter is the approach needed to gain full marks and this is what I did in my legal SAC yet my teacher believes that the simply listing of 5 strengths and 5 weaknesses is what is needed to gain full marks. The fact that I did not provide a total of 10 points meant that my teacher only gave me a 6/10. If I can get your opinions on whether I am right to think my teacher is incompetent or whether I actually didn’t correctly interpret the question that would be very helpful as I am currently very pissed off. Cheers guys.

Both and neither at exactly the same time.

'Evaluate' means you need to look at both sides of juries (the strengths and the weaknesses) and weigh them against each other. You don't have to have equal numbers of each and you don't need to match every single strength and weakness together, but you *do* need both sides and weighing up to some extent. You also need to be arguing an opinion.

As for the 'effective legal system' component of the question: that means you need to weave at least one element into your overall evaluation. You can do it by structuring it into sections like you did, or you can just refer to one or more elements in your general evaluation. Either is fine. It doesn't say "the three elements of", though, so you actually don't need all three explicitly done.

Lastly, you really need to make at least ten points - preferably slightly more. When you read the best answers students give, it's usually three pages (or more!) of great arguments, detail and examples slipped in, one after the other, bang bang bang. And when you count up the number of individual points they made, there's well over ten. That's what you're competing with.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 08, 2013, 11:52:28 am
Lastly, you really need to make at least ten points - preferably slightly more. When you read the best answers students give, it's usually three pages (or more!) of great arguments, detail and examples slipped in, one after the other, bang bang bang. And when you count up the number of individual points they made, there's well over ten. That's what you're competing with.

I was just annoyed that I didn't get any credit for the second half of the question -  "effective access to legal system".

But haha I'm working on the 'bang bang' thing with my points. It's just a matter of getting more points across but succinctly so that I don't write to much
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 08, 2013, 12:38:32 pm
I was just annoyed that I didn't get any credit for the second half of the question -  "effective access to legal system".

But haha I'm working on the 'bang bang' thing with my points. It's just a matter of getting more points across but succinctly so that I don't write to much

Yeah, tell me about it...! :/
Title: Re: VCE Legal Studies Question Thread
Post by: arshavin23 on October 08, 2013, 05:46:42 pm
Hey just wondering, do we need to know a case study example for Referral of law-making powers for the exam?
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on October 08, 2013, 06:39:16 pm
Hey just wondering, do we need to know a case study example for Referral of law-making powers for the exam?

I don't think so, but learning one wouldn't hurt. It would be really good to buff up what you say ") In the end it's your choice.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 08, 2013, 09:05:19 pm
Yo guys, I got this question here

The doctrine of precedent allows for both consistency and flexbillity, Critically examine these two strengths of the doctrine of precendent

6 marks

here is my plan,
1.Define DOP
2. State the strength of consistency+ discussion
3. state the weakness of consistency+disucssion
4. State a strength of flexbillity               ''''
5. state a weakness of flexbillity'''''''''''''''''''''''''''''''''

is it possible to tell me how i can fill up like over 25 lines with this question as it is part of the 2010 legal studies past exam, thank you.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 08, 2013, 10:02:20 pm
Yo guys, I got this question here

The doctrine of precedent allows for both consistency and flexbillity, Critically examine these two strengths of the doctrine of precendent

6 marks

here is my plan,
1.Define DOP
2. State the strength of consistency+ discussion
3. state the weakness of consistency+disucssion
4. State a strength of flexbillity               ''''
5. state a weakness of flexbillity'''''''''''''''''''''''''''''''''

is it possible to tell me how i can fill up like over 25 lines with this question as it is part of the 2010 legal studies past exam, thank you.

Go back and tweak your brainstorming a bit. Firstly, does it ask for a definition of precedent? Secondly, consider it more from a *how* perspective. So, how does precedent achieve consistency, and how does it achieve flexibility?
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 08, 2013, 10:17:31 pm
ahaha, if this were in the exam, would you define DOP in order to look like you have great knowledge and to show off to the examiner i am a boss in this question. despite it not actually asking it in the question, as i actually found the question in my atarnotes study guide and they also defined DOP. but i will not dispute as you got a 50 which is freakin amazing.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 08, 2013, 10:22:47 pm
ahaha, if this were in the exam, would you define DOP in order to look like you have great knowledge and to show off to the examiner i am a boss in this question. despite it not actually asking it in the question, as i actually found the question in my atarnotes study guide and they also defined DOP. but i will not dispute as you got a 50 which is freakin amazing.
No.assesors hate it when you "write everything you know about the topic" (refer to assesment reports) so defining something when it is not asked does not show the examiner you're a "boss in the question". You gain no credit and you waste time. However that is not to say some explanation of DOP is not required. You might need to explain it but you are primarily examining. So incorporate some explaining of DOP in your examination.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 09, 2013, 11:10:28 am
is it possible to tell me how i can fill up like over 25 lines with this question as it is part of the 2010 legal studies past exam, thank you.

Answer the question. You don't need to fill every line/space provided. Simple as that.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 09, 2013, 11:13:46 am
I don't think so, but learning one wouldn't hurt. It would be really good to buff up what you say ") In the end it's your choice.

I agree with this. It does no harm if you are able to cite an example. Might also depends on the marks allocated to the question. In my view, if it's only a couple of marks, you don't really need to go in-depth about the example.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 09, 2013, 11:28:02 am
Just something I'd like to re-emphasis generally, as the exam gets closer. Can we try to avoid copying and pasting questions in the future? Re: below. Having a broad discussion around a question is more beneficial for others as well (hearing different viewpoints), rather than simply trying to get your own questions answered for yourself.

I agree with this. It doesn't really matter if it's questions being asked for homework, for revision from practice exams or just for the sake of learning. There's plenty of people that are more than happy to answer questions on the site, but asking a question should in most cases consist of more than just copying and pasting question.

It really is helpful to see what working you've figured out so far and outlining what part of the question you're actually having trouble with or are concerned about. It looks like you've done that in your post just above mine, so that's good.

That usually ends up in more fruitful discussion too. The person asking the question gets a more direct answer to the problem they were having e.g. you'll avoid problems like this  as well as the discussion will probably end up being a bit deeper than just Question. Answer. Question. Question. Answer. which frankly isn't as interesting as actually engaging the subject matter.

Thank you.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 10, 2013, 06:36:57 pm
Do you guys know if the Mr Wood exams are any good?
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 10, 2013, 06:58:04 pm
Do you guys know if the Mr Wood exams are any good?

They are pretty good yeah. My teacher loves him so....
No in my opinion they are better than CSE or TSSM or any of those - there are fewer mistakes as he is up to date and seems to be more focused on our study design.
You may as well try one - you've got nothing to lose by doing one of his exams to see for yourself but in summary (sorry) i would recommend them yes
:)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 10, 2013, 07:25:38 pm
OK cool :)
Do you know how COMPAK/VCTA exams are?
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on October 10, 2013, 07:42:27 pm
OK cool :)
Do you know how COMPAK/VCTA exams are?

I have heard that VCTA are alright from others - i think i have done one for another subject. But no i haven't heard or seen anything about COMPAK sorry.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 10, 2013, 11:13:46 pm
OK cool :)
Do you know how COMPAK/VCTA exams are?

Exams from COMPAK are generally exams sent in voluntarily by teachers, which are then distributed to other teachers via the COMPAK newsletter. Therefore they are written by different people each time, and one might be vastly different from another.

Even "bad" exams are good to do, though, so you practise analysing different styles of question.
Title: Re: VCE Legal Studies Question Thread
Post by: phillp on October 13, 2013, 02:56:41 pm
Does anyone know which companies make similar vcaa exams?
Which exams are best to do ?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 13, 2013, 07:56:15 pm
Does anyone know which companies make similar vcaa exams?
Which exams are best to do ?
I have done QAT, TSSM, Neap, VCAA, Engage and Insight practice papers for Legal.

in terms of difficulty, QAT was the hardest. But they had questions not likely to be asked by VCAA (one question was worth 5 marks and asked us to explain what a "terms of reference" is ).

Engage was free (downloadable from their site) and the exam was completely crap.

Insight is probably at the level of VCAA but I still found it easy; if you are going to buy practie exams,  would recommend Neap because it's slightly harder than VCAA but the structure is still similar.
Title: Re: VCE Legal Studies Question Thread
Post by: DetteAmelie on October 13, 2013, 08:50:31 pm
I have done QAT, TSSM, Neap, VCAA, Engage and Insight practice papers for Legal.

in terms of difficulty, QAT was the hardest. But they had questions not likely to be asked by VCAA (one question was worth 5 marks and asked us to explain what a "terms of reference" is ).

Engage was free (downloadable from their site) and the exam was completely crap.

Insight is probably at the level of VCAA but I still found it easy; if you are going to buy practie exams,  would recommend Neap because it's slightly harder than VCAA but the structure is still similar.
Hmm, I haven't tried QAT yet. I'm so curious now. Hmm, I have the engage ones printed but I have yet to complete them. Why do you say that?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 13, 2013, 09:18:35 pm
Hmm, I haven't tried QAT yet. I'm so curious now. Hmm, I have the engage ones printed but I have yet to complete them. Why do you say that?
I only speak for Engage Legal Studies though. Engage LS = bad questions and the solutions are not well-written (although you can't really complain - they're free!)

Yeah, if you are going to spend money on trial exams (or your school) I would get QAT or Neap.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 13, 2013, 10:31:14 pm
I only speak for Engage Legal Studies though. Engage LS = bad questions and the solutions are not well-written (although you can't really complain - they're free!)

Yeah, if you are going to spend money on trial exams (or your school) I would get QAT or Neap.

Murphy, I am SHOCKED you wouldn't say CPAP :P
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 13, 2013, 10:39:59 pm
Murphy, I am SHOCKED you wouldn't say CPAP :P
haha never seen/got access to a CPAP exam; but I am sure it would be great since it was written by you. :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 14, 2013, 09:34:46 am
haha never seen/got access to a CPAP exam; but I am sure it would be great since it was written by you. :)

Yeah, I don't know if they're available only to schools or to students, too, though... But, of course, I'm marking one right now actually, and I see what I wrote and see all the things I don't like!! It's always the way.

The NEAP one is pretty good this year, too, actually.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on October 14, 2013, 10:50:20 am
Hi all,
How do we structure 'compare' questions?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 16, 2013, 09:37:09 am
Hi all,
How do we structure 'compare' questions?

You need at least one sim and at least one diff, but the balance is up to you.

It's possibly easier to start with the sims, because they come out faster. But it doesn't really matter. I personally make sure I mention both things (courts and parliament, adversary and inquis, etc) in the first sentence, in order to make the comparison I am making crystal clear. Two separate sentences/definitions with a "whereas" (or similar) at the start of the second one often doesn't cut it. Then I perhaps take a sentence or two to explain detail, depending.

For example:

"Both the adversary system and the inquisitorial system utilise an independent judicial officer who is impartial to all parties involved and does not take sides or bring in preconceptions or bias. The adversary judge plays a much more passive role in the conduct of trial than the inquisitorial judge does, however. For instance, the adversary judge..... while the inquisitorial trial judge..." etc.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on October 16, 2013, 08:20:07 pm
I just asked my teacher the same question and is it possible to structure it this way?:

One similarity is that...

A difference is...

And how many do we need for a 4 marker?
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 17, 2013, 09:17:58 pm
Hi everyone
I've been stuck on this one question for a really long time, and it seems that every time i do an exam or any practice questions this question comes up...
Jenny wishes to take a civil action against a work colleague for $180 000  for personal damages. She has the choice of having her case heard in either the County or the Supreme Court.
Justify why Jenny would opt to have the matter heard in the County Court of Victoria.

This question has personally always stumped me as I cannot tell the difference in terms of civil cases between the county and the supreme court (because don't they both have an unlimited jurisdiction?)

Thanks in advance
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on October 17, 2013, 11:07:54 pm
Yes, both County and Supreme Crts have unlimited jurisdiction (following changes in legislation)
However, this question is answerable. Generally, the Supreme Crt hears the more serious or more complex civil claims (because it is higher up the hierachy and is also a superior court of record). Since the amount of Jenny's claim is (relatively) small ($180,000) the County Court will hear it.

*I am not 100% about this, but I think before legislation was passed to change the jurisdiction of courts, the Supreme Court USED TO have original civil jurisdiction of more than $200,000 (ie. they did not have 'unlimited jurisdiction')  Therefore, I suspect this question was written before 2009 (old study design) and Jenny's claim of $180,000 would be heard in the County Crt only (before jurisdiction changed). (Megan, please confirm).
but the thing is question asks why jenny would OPT to have her matter heard there, which suggests that she has an option. I don't see why she would opt to have her matter heard there besides the fact that it would save time (maybe?) ..
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 18, 2013, 10:36:39 am
*I am not 100% about this, but I think before legislation was passed to change the jurisdiction of courts, the Supreme Court USED TO have original civil jurisdiction of more than $200,000 (ie. they did not have 'unlimited jurisdiction')  Therefore, I suspect this question was written before 2009 (old study design) and Jenny's claim of $180,000 would be heard in the County Crt only (before jurisdiction changed). (Megan, please confirm).

I'm definitely not an authority on this and I *could* go check the past legislative amendments (but I won't!), but... I'm pretty sure it's just a misconception borne of the fact that the County Court used to have a limit of $200,000 and many people think the higher court's jurisdiction *starts* where the lower one's stops. Not true. Unlimited means unlimited, because sometimes you will get complicated cases where nominal damages have been sought.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 18, 2013, 10:38:58 am
but the thing is question asks why jenny would OPT to have her matter heard there, which suggests that she has an option. I don't see why she would opt to have her matter heard there besides the fact that it would save time (maybe?) ..

If more than one court has the jurisdiction to hear your claim you get to choose where to file it. You would never go higher than you *needed* to, though, because of the huge costs and extra time. And would the SC refer a matter down to the CC if you filed there but they didn't consider the law or evidence complex enough to justify going to it...? Not sure. I think probably.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 18, 2013, 05:21:24 pm
Hi guys, i have completed all of the vcaa exams, all the exams from engage, all from my teacher  which were COMPAK vcta ones and i think im totalling around 15 now, i was just wondering if possible can someone email me or link me some exams in regards to legal studies, if i dont find more exams to complete im scared im going to forgot some of the content.
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on October 18, 2013, 10:33:35 pm
Hi guys, i have completed all of the vcaa exams, all the exams from engage, all from my teacher  which were COMPAK vcta ones and i think im totalling around 15 now, i was just wondering if possible can someone email me or link me some exams in regards to legal studies, if i dont find more exams to complete im scared im going to forgot some of the content.

I don't have any exams but have you thought about repeating questions that you've had trouble with? Completing exams don't necessarily mean that you've learnt to apply the content. I suggest to do all the questions in your textbook and redo the ones from your practise SACs.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 18, 2013, 10:43:37 pm
Cheers mate, i will ensure i do that as protection of rights is really one that gets me haha, thanks again.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 21, 2013, 05:22:47 pm
Does the task word "Discuss" imply that it is compulsory for us to talk about strengths and weaknesses?

One question on my SAC was "discuss one recent change to the legal system to increase Fair and unbiased hearings. "
I talked about an amendment in 2008 to the 2000 juries act where jurors could be fined for making extra inquiries. But my teacher said I had to talk about strengths and weaknesses of the change.

But..even after getting the SAC back I am still struggling to find weaknesses of the change. Help please? Or is it not compulsory to talk about strengths and weaknesses when discussing?
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 21, 2013, 05:26:55 pm
Yeah can someone please clarify what discuss means? I've heard that it means to look at both sides (i.e. strengths and weaknesses) but also that it merely means to explain.. So can someone please confirm?
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 21, 2013, 11:49:21 pm
I've seen different teachers interpret it differently - and differently depending on the question - so I think it's safe to just slip a bit of the other side in :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 22, 2013, 05:47:44 pm
I've seen different teachers interpret it differently - and differently depending on the question - so I think it's safe to just slip a bit of the other side in :)
Would it be like based on the topic that is being covered? For instance, if it were a topic where evaluating is involved (e.g. parliament) then it'd be looking at strengths and weaknesses, but otherwise just to explain?

How would you look at it for this question:
Discuss the ability of courts to change the law.

Would you look at strengths and weaknesses or the doctrine of precedent and all that jazz?



Also, when asked to compare should you always look at similarities AND differences or is it ok to focus on just one? Like if asked to compare mediation and judicial determination I can only think of differences (can someone suggest some similarities?) but I feel like it's not a good idea to only discuss differences..



What does 'analyse' mean? I came across a question 'Analyse the impact of the referral of powers on the division of law-making powers' and when I saw analyse, I thought it meant evaluate and was going to do that but the solutions merely talk about the actual impact of referral of powers. So does analyse just mean to discuss in detail or like 'discuss' is it dependant on the question/topic being assessed?

Thanks! :)

Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 22, 2013, 06:50:10 pm
Would it be like based on the topic that is being covered? For instance, if it were a topic where evaluating is involved (e.g. parliament) then it'd be looking at strengths and weaknesses, but otherwise just to explain?

How would you look at it for this question:
Discuss the ability of courts to change the law.

Would you look at strengths and weaknesses or the doctrine of precedent and all that jazz?



Also, when asked to compare should you always look at similarities AND differences or is it ok to focus on just one? Like if asked to compare mediation and judicial determination I can only think of differences (can someone suggest some similarities?) but I feel like it's not a good idea to only discuss differences..



What does 'analyse' mean? I came across a question 'Analyse the impact of the referral of powers on the division of law-making powers' and when I saw analyse, I thought it meant evaluate and was going to do that but the solutions merely talk about the actual impact of referral of powers. So does analyse just mean to discuss in detail or like 'discuss' is it dependant on the question/topic being assessed?

Thanks! :)
If I were you, I would err on the side of caution. I always thought discuss did not require strengths+weaknesses, but my teacher disagrees. On the exam, you don't know who is marking your exam nor do you get to ask where you lose the marks, so I would always include s+w to be safe.

For the "discuss the ability of courts to make laws" question, I would DEFINITELY add in strengths and weaknesses because if you were to write "courts can always make law" (strengths only) your argument would not sound balanced or well discussed.

Compare always involves similarities and differences; I always think of "analyse" as "evaluate" (ie. strengths, weaknesses and judgement). Thus it wouldn't be enough to just "discuss" when a questions asks you to "analyse".
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 23, 2013, 09:26:41 am
If I were you, I would err on the side of caution. I always thought discuss did not require strengths+weaknesses, but my teacher disagrees. On the exam, you don't know who is marking your exam nor do you get to ask where you lose the marks, so I would always include s+w to be safe.

For the "discuss the ability of courts to make laws" question, I would DEFINITELY add in strengths and weaknesses because if you were to write "courts can always make law" (strengths only) your argument would not sound balanced or well discussed.

Compare always involves similarities and differences; I always think of "analyse" as "evaluate" (ie. strengths, weaknesses and judgement). Thus it wouldn't be enough to just "discuss" when a questions asks you to "analyse".

Totally agree - and don't forget that looking at 'both sides' doesn't mean just strengths and weaknesses: it can also mean how they can versus how they can't; how it increased versus how it decreased; why it's better versus why it's worse; and so on.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 23, 2013, 07:52:23 pm
Criminal Procedures act 2010, i've always put it in every sac and exam ive written in so far, just to make sure, this achieves the timely resolution as it brought all existing criminal acts into one piece of legislation, therefore making it easier to nativgate through areas of the law? i hope im right haha, this is my main example i always use.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 23, 2013, 10:07:53 pm
Criminal Procedures act 2010, i've always put it in every sac and exam ive written in so far, just to make sure, this achieves the timely resolution as it brought all existing criminal acts into one piece of legislation, therefore making it easier to nativgate through areas of the law? i hope im right haha, this is my main example i always use.

Do you mean the CPA 2009? It came into force in 2010.

For me personally, I don't feel like there's a huge amount of discussion content in simply bringing existing procedures into one act. It did, however, make a few other changes (for example, it uses only English - no Latin terms), so if I were using it I would have some more specific detail about a couple of things it really *changed*.

Here's a decent fact sheet, if you need: http://www.liv.asn.au/PDF/younglawyers/Legal/FactSheetCriminalProcedure2010
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 23, 2013, 11:04:07 pm
Do you mean the CPA 2009? It came into force in 2010.

For me personally, I don't feel like there's a huge amount of discussion content in simply bringing existing procedures into one act. It did, however, make a few other changes (for example, it uses only English - no Latin terms), so if I were using it I would have some more specific detail about a couple of things it really *changed*.

Here's a decent fact sheet, if you need: http://www.liv.asn.au/PDF/younglawyers/Legal/FactSheetCriminalProcedure2010

Sweeeet, i never bothered to look into it lol, i was watching a Tim Mcdonald VCE LEGAL STUDIES video on youtube. in one of the recent changes he said something along the lins of another recent change to the legal system designed to achieve the element of timely resolution is the creation of the criminal procedures act 2010, which brought all existing criminal acts into one piece of legislation, however i will now look into that link you provided me with. thank you
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on October 26, 2013, 01:24:08 pm
23.   Other than statutory interpretation, describe one other relationship between courts and parliament in law making

Answer:

one relationship between parliament and courts is through parliament passing legislation to create courts, an example of parliament establishing courts through legislation was in 1852, where the Victorian parliament created the Supreme court of Victoria which also outlined the structures, procedures and jurisdictions of this courts, yet parliament has the power to amend or abolish created courts through legislation.

Would you's think the question has been answered, i always seem to struggle with relationships between courts and parliament.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 26, 2013, 10:27:50 pm
23.   Other than statutory interpretation, describe one other relationship between courts and parliament in law making

Answer:

one relationship between parliament and courts is through parliament passing legislation to create courts, an example of parliament establishing courts through legislation was in 1852, where the Victorian parliament created the Supreme court of Victoria which also outlined the structures, procedures and jurisdictions of this courts, yet parliament has the power to amend or abolish created courts through legislation.

Would you's think the question has been answered, i always seem to struggle with relationships between courts and parliament.

Sounds great to me!
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 26, 2013, 10:30:59 pm
Hi guys!
Do you think it's worth doing the VCAA sample exam under timed conditions as a proper exam? For one, its 60 marks and also there's no solutions! I've already got soooo many practice exams aside from the VCAA ones, particularly from 2012-13 so I was hoping to do these under timed conditions instead. This is with the intention of still looking through the sample exam and any other exams I haven't completed and making sure that I know how to answer all questions. But I just think it's a waste of time bothering to do the sample exam under timed conditions because I've already got other, more recent, resources. What do you think?

Thanks :)

EDIT: 600th post YEAAAAAAHHHHHHH!!! And it was made in one of my favourite subjects too!!!  ;D :D 8)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on October 27, 2013, 04:45:23 pm
bump. Anyone?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on October 27, 2013, 05:36:37 pm
I can't see the harm in doing it, but if you want to do it timed, remember that you will be only allowed 103 mins as its only 60 marks
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 27, 2013, 07:33:53 pm
Hi guys!
Do you think it's worth doing the VCAA sample exam under timed conditions as a proper exam? For one, its 60 marks and also there's no solutions! I've already got soooo many practice exams aside from the VCAA ones, particularly from 2012-13 so I was hoping to do these under timed conditions instead. This is with the intention of still looking through the sample exam and any other exams I haven't completed and making sure that I know how to answer all questions. But I just think it's a waste of time bothering to do the sample exam under timed conditions because I've already got other, more recent, resources. What do you think?

The choice is really yours. Like the above post, there isn't really any harm doing it under timed conditions. But in my view, if you feel confident enough in yourself, then perhaps time is better spent elsewhere (e.g. on other subjects etc.). Personally, I would mix things up with your revision, because it can get really boring/dull if you just keep doing exam after exam. The aim of doing practice exams is to continually improve and to learn from your mistakes. Don't do an exam under timed conditions just for the sake of it.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on October 27, 2013, 07:44:52 pm
Just wanted to add that: In my experience, because there is so much material out there in terms of past exam papers, you shouldn't feel the need to complete every single one available. A lot of students in my cohort (including myself) fell into the trap of rushing to finish exam after exam and giving them to my teacher for feedback leading up to the exam date. But in hindsight, I think if you really have a sound knowledge and understanding of each AoS, you'll be okay.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 28, 2013, 09:34:19 pm
I just found the biggest gap in my knowlege to be in regards to civil pre-trial procedures. I'm trying to fill it but finding that even though there's only like 3 we have to remember, each one (especially pleadings) go into tedious detail about the documents and all the stages involved. Don't get me wrong I want to understand each process properly but I'm finding it's just too much  info, any help?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 28, 2013, 10:08:55 pm
I just found the biggest gap in my knowlege to be in regards to civil pre-trial procedures. I'm trying to fill it but finding that even though there's only like 3 we have to remember, each one (especially pleadings) go into tedious detail about the documents and all the stages involved. Don't get me wrong I want to understand each process properly but I'm finding it's just too much  info, any help?
If you want to be a top student you just have to know them!

But study design only specifies pleadings, discovery and directions hearing stage. So I highly doubt the exam is going to ask "define a writ" etc. So if you're struggling, I would suggest learning one pre-trial procedure from each of those three stages so you can use them as example. You don't need to know every single document in civil pre-trial procedure.


------------

EDIT

I have two questions.
Identify errors in the following scenario

"Mary is suing her employer for $35,000 for breach of contract. Her case is to be heard in the County Court etc.." TSSM 2013.

According to the solution, one error is the case will not be heard in the County Court. I was always taught by my teacher that County Court has unlimited jurisdiction (ie. $0.05 to unlimited NOT $100,000 and beyond. Thus, a case with value of $35,000 should be able to be heard at the County Crt?. Clarification please?\


Also, if a question asks you to "Discuss how the aims of criminal sanction are achieved through imprisonment" (worth 5 marks)
Do you have to go through all five aims of sanctions (ie. deter, protect, punish etc.) and go through how imprisonment helps achieve all five aims? Or can you choose only two or three and focus on them? Basically in questions where the number of points are not specified, would you explain in detail more or would you list all the points you know about the feature, without much explanation?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 28, 2013, 10:52:08 pm
If you want to be a top student you just have to know them!

ahha yeah I guess your right
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 28, 2013, 11:26:20 pm
ahha yeah I guess your right

But be smart about it - look at the marks they usually allocate. Usually it's 1-2 marks for content and 1 mark for purpose.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 28, 2013, 11:28:18 pm

Identify errors in the following scenario

"Mary is suing her employer for $35,000 for breach of contract. Her case is to be heard in the County Court etc.." TSSM 2013.

According to the solution, one error is the case will not be heard in the County Court. I was always taught by my teacher that County Court has unlimited jurisdiction (ie. $0.05 to unlimited NOT $100,000 and beyond. Thus, a case with value of $35,000 should be able to be heard at the County Crt?. Clarification please?\


Also, if a question asks you to "Discuss how the aims of criminal sanction are achieved through imprisonment" (worth 5 marks)
Do you have to go through all five aims of sanctions (ie. deter, protect, punish etc.) and go through how imprisonment helps achieve all five aims? Or can you choose only two or three and focus on them? Basically in questions where the number of points are not specified, would you explain in detail more or would you list all the points you know about the feature, without much explanation?

In my opinion it wouldn't technically be *wrong* - but it would be most likely to be heard in the MC. So you could use "most likely" as the error.

With those open-ended questions, be guided by the mark allocation. 5 marks is HUGE for that - I'd be more happy with 3 marks. But for 5 marks I'd do all five, personally.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 29, 2013, 08:14:57 am
I have endless ways in which civil pre-trial procedures hinder effective access to justice but I can't think of many ways that they prompt access to justice....

I tried to get creative and all I came up with was that by informing the parties of all relevant information and giving them reasonable time to prepare their case, civil pre-trial procedures ensure that the parties feel confident that all meaningful steps have been taken to give both parties the opportunity to have control over the proceedings of their case. In consequence, allowing the parties to be informed, confident and in control prompts greater access to justice.....
 :-\
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 29, 2013, 08:19:28 am
But be smart about it

Yeah i noticed that a lot of the exam questions focus more on purpose and effectiveness than actual procedure or the nuances of each stage.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 30, 2013, 10:52:20 am
I have endless ways in which civil pre-trial procedures hinder effective access to justice but I can't think of many ways that they prompt access to justice....

I tried to get creative and all I came up with was that by informing the parties of all relevant information and giving them reasonable time to prepare their case, civil pre-trial procedures ensure that the parties feel confident that all meaningful steps have been taken to give both parties the opportunity to have control over the proceedings of their case. In consequence, allowing the parties to be informed, confident and in control prompts greater access to justice.....
 :-\

How is that creative? Sounds totally legit to me :) Prepare for trial; prepare a timetable; prepare cross-examination and rebuttal evidence; possibly settle based on the strength of the opposition; settle some issues pre-trial. All sounds fine!
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on October 30, 2013, 06:54:59 pm
How is that creative? Sounds totally legit to me :)

wait so it's okay  ???
Title: Re: VCE Legal Studies Question Thread
Post by: 90+FTW on November 01, 2013, 10:32:08 pm
I'm aiming for the 40s. I've worked so hard on it this year, I'd be disappointed in myself if I didn't achieve the goal.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 02, 2013, 10:10:37 am
When doing 8-10 mark questions do you always need to have an introduction? especially with 'evaluate' questions.. e.g. Evaluate the way courts and VCAT operate to resolve disputes [8 marks]. Can I just go straight into evaluating or should I have some sort of introduction? I will have some sort of conclusion at the end though, just wondering about an introduction as well..
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 02, 2013, 02:07:37 pm
When doing 8-10 mark questions do you always need to have an introduction? especially with 'evaluate' questions.. e.g. Evaluate the way courts and VCAT operate to resolve disputes [8 marks]. Can I just go straight into evaluating or should I have some sort of introduction? I will have some sort of conclusion at the end though, just wondering about an introduction as well..
it's up to you.

but i always start with intro; topic sentence (with opinion) which is 2-3 sentences only.
then body paragraphs, then short conclusion.

some teachers will take marks off for no clear opinion at the start, though.
Title: Re: VCE Legal Studies Question Thread
Post by: LucySanderson6 on November 04, 2013, 10:52:06 am
Does anyone know where we can get trial exam papers other than from vcaa and engage education? Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 04, 2013, 04:34:57 pm
Does anyone know where we can get trial exam papers other than from vcaa and engage education? Thanks :)
your school library or your teacher are the only places i can think of, to obtain them legally.

--

i have a question. When discussing factors influencing composition of juries, do we treat "excused, disqualified and inelgiible as one single factor , or three separate factors? also, are peremptory and challenge for cause considered legitimate factors, as per the VCAA study design?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on November 04, 2013, 05:40:51 pm
i have a question. When discussing factors influencing composition of juries, do we treat "excused, disqualified and inelgiible as one single factor , or three separate factors? also, are peremptory and challenge for cause considered legitimate factors, as per the VCAA study design?

Yes, for the first part of your question as far as I'm concerned. For the second part, I don't know what you mean by 'legitimate factors' but I'm pretty sure that you need to know them and that, yes, when empanelling the jury, that challenges for a cause and preremptory challenges can occur during this stage.
Title: Re: VCE Legal Studies Question Thread
Post by: maturegambino on November 04, 2013, 06:55:02 pm
how do examiners treat extended response answers that say, for instance, the jury system is outdated and should be abolished?

do they frown upon negative opinions towards the legal system, and prefer either positive or neutral opinions?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 04, 2013, 07:12:21 pm
how do examiners treat extended response answers that say, for instance, the jury system is outdated and should be abolished?

do they frown upon negative opinions towards the legal system, and prefer either positive or neutral opinions?
No. They're looking for your opinion. Negative opinions are just as acceptable as positive ones.
In fact many  assessors would probably think the jury system is outdated themselves. There's nothing wrong with having an opinion - in fact, it would be bad if you didn't have one.
Title: Re: VCE Legal Studies Question Thread
Post by: maturegambino on November 04, 2013, 07:30:58 pm
thanks for the clarification! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 04, 2013, 11:24:22 pm
i have a question. When discussing factors influencing composition of juries, do we treat "excused, disqualified and inelgiible as one single factor , or three separate factors? also, are peremptory and challenge for cause considered legitimate factors, as per the VCAA study design?

Separate! They're only worth 1-2 marks each, based on the questions I've seen.

Also, absolutely - they're mentioned explicitly in the annotated SD.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 05, 2013, 05:45:35 pm
Do you guys think this will get full marks? Don't think I did  the 'effective' part effectively (ahha see what I did there)  :P Any feedback would be appreciated!

‘Australia’s approach to the constitutional protection of democratic and human rights is different from, and
not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada’
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach
adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of
Australia’s Constitution is in protecting democratic and human rights.

*Edit... (8 marks)

Being both democratic nations, Australia and Canada have similar approaches to the constitutional protection if rights, however there does exist some significant difference between the approaches adopted by these countries.

Both Australia and Canada have rights that are entrenched within their relevant constitution. Therefore, as these rights are listed specifically in the respective constitution, they can only be removed or added by those countries prescribed method of constitutional alteration. However, where Canada protects an expansive list of rights under the Canadian Charter (political, democratic, human and even mobility and language rights) Australia differs in that it only protects a limited number of rights. This makes Australia’s approach seemingly ineffective as the rights protected under the constitution are not only limited in number (only 5 express rights under the constitution) but are limited in nature. For example, the right to trial by jury under section 80 only protects the right to trial by jury for Commonwealth indictable offences, when criminal cases are largely heard under state jurisdiction, making the protection futile for state offensives.

Under both Australia and Canada’s approach, the rights protected under the respective constitutions are fully enforceable. This means that any legislation that infringes rights, and is challenged, can be declared invalid by the respective high court of that country – the High Court for Australia and the Supreme Court for Canada. However, in Canada, the parliament has the power to override the Supreme Court’s decision whereas this power does not exist in Australia. Under the ‘notwithstanding clause’, if a legislation is declared invalid in Canada then the parliament can pass the legislation for a second time expressing a clear intent to override a certain right, whereas, the Australian parliament must amend legislation to remove the invalid provision. Australia’s approach is therefore able to effectively ensure that rights are fully enforceable. The High Court can act as a system of checks and balances to ensure that the legislator is not infringing the rights protected by the Constitution.

It can be seen that Australia and Canada have very similar approaches to the protection of rights and where the approaches differ Australia’s approach presents both strengths and weaknesses in comparison to Canada’s approach.

Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 05, 2013, 07:52:35 pm
Do you guys think this will get full marks? Don't think I did  the 'effective' part effectively (ahha see what I did there)  :P Any feedback would be appreciated!

‘Australia’s approach to the constitutional protection of democratic and human rights is different from, and
not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada’
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach
adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of
Australia’s Constitution is in protecting democratic and human rights.

*Edit... (8 marks)

Being both democratic nations, Australia and Canada have similar approaches to the constitutional protection if rights, however there does exist some significant difference between the approaches adopted by these countries.

Both Australia and Canada have rights that are entrenched within their relevant constitution. Therefore, as these rights are listed specifically in the respective constitution, they can only be removed or added by those countries prescribed method of constitutional alteration. However, where Canada protects an expansive list of rights under the Canadian Charter (political, democratic, human and even mobility and language rights) Australia differs in that it only protects a limited number of rights. This makes Australia’s approach seemingly ineffective as the rights protected under the constitution are not only limited in number (only 5 express rights under the constitution) but are limited in nature. For example, the right to trial by jury under section 80 only protects the right to trial by jury for Commonwealth indictable offences, when criminal cases are largely heard under state jurisdiction, making the protection futile for state offensives.

Under both Australia and Canada’s approach, the rights protected under the respective constitutions are fully enforceable. This means that any legislation that infringes rights, and is challenged, can be declared invalid by the respective high court of that country – the High Court for Australia and the Supreme Court for Canada. However, in Canada, the parliament has the power to override the Supreme Court’s decision whereas this power does not exist in Australia. Under the ‘notwithstanding clause’, if a legislation is declared invalid in Canada then the parliament can pass the legislation for a second time expressing a clear intent to override a certain right, whereas, the Australian parliament must amend legislation to remove the invalid provision. Australia’s approach is therefore able to effectively ensure that rights are fully enforceable. The High Court can act as a system of checks and balances to ensure that the legislator is not infringing the rights protected by the Constitution.

It can be seen that Australia and Canada have very similar approaches to the protection of rights and where the approaches differ Australia’s approach presents both strengths and weaknesses in comparison to Canada’s approach.

Harsh feedback is good feedback ay? LOL

1. No implied rights or Structural protection, does australia only protect rights through Express rights?
2. Example of an implied right A.C.T- freedom to communication
3. Structural protection-describe/define-give a case, maybe the Roach case.

this question was in 2012 i think, was 10 marks, and DAYMMMM did u have to write alot, like they allocated 3 pages.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 05, 2013, 08:24:54 pm
Harsh feedback is good feedback ay? LOL

1. No implied rights or Structural protection, does australia only protect rights through Express rights?
2. Example of an implied right A.C.T- freedom to communication
3. Structural protection-describe/define-give a case, maybe the Roach case.

this question was in 2012 i think, was 10 marks, and DAYMMMM did u have to write alot, like they allocated 3 pages.
Aside from what has already been said; notice the task word is "evaluate" not "comment".
You haven't provided strengths + weaknesses and an overall judgement. You have basically said country X is effective because.... country Y is effective at this because... Perhaps you need to look at both sides at a bit better.

Also, your length seems to be a problem, as said above. I would write 3 pages for a 8-10 marker, with clear examples of cases.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 05, 2013, 08:39:56 pm
Harsh feedback is good feedback ay? LOL

Definitely, tell me straight what I need to improve and I will. No bullshit.

So thanks tcstudent and thanks M_BONG. It was 8 marks 2007 and I think I was a bit intimidated by the length 8 marks = 3 pages sort of didn't make sense to me, but I can definitely go into more detail. I think I'll re-write keeping your suggestions in mind.
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 05, 2013, 08:46:35 pm
Harsh feedback is good feedback ay? LOL

1. No implied rights or Structural protection, does australia only protect rights through Express rights?
2. Example of an implied right A.C.T- freedom to communication
3. Structural protection-describe/define-give a case, maybe the Roach case.



I chose express rights as a point of comparison, so does that mean I still have to include the others
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 05, 2013, 09:00:56 pm
Yup, look at it this way, you are firstly stating, how rights are protected in Australia, our rights are not only protected by Express rights? we have implied and structural protection too, therefore you include these, and then go on and state how our rights differ to another country such as Canada,

Eg: In Australia when legislation has infringed a party's rights, the legislation only ruled invalid and you cannot acquire compensation in the same case, however you are able to gain compensation by initiating another case intending on getting compensation<< weakness

On the other hand, In Canada, when an individual's rights have been infringed due to legislation, not only is the certain act ruled invalid, but the party/individual is able to gain compensation in the same case, thus saving cost, and time.

hope this is good, im going to bring up a crap excuse and say i havent studied for legal since last monday due to english and further maths. getting into it tonight till the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: strawberrycheesecake on November 05, 2013, 09:32:26 pm
Hi,  I was just wondering if I could get some feedback on a response.
Greatly appreciated.
VCAA 2007 Question 13 (extended response) (10 marks) (Four pages were allocated) b) A legal writer recently commented:I believe that the jury is one of the most important institutions in ensuring that Australia has an effective legal system. However, not everyone agrees with me. Critically evaluate the extent to which the jury system contributes to an effective legal system, and justify your conclusion.

My response:

As stated above the jury is one of the most important institutions in ensuring that Australia has an effective legal system for a number of reasons. Those reasons include, its cross section of the people, it involves the general community, reflects community values, ensures less legal jargon and helps to protect democracy. However, there are some limitations to the jury system.

A trial by jury represents trial by ones' peers. A jury is made up of average men and women who are not selected as people in a position of authority but are, as far as possible, a cross section of the community. An accused person can therefore feel confident that they are not being oppressed by authority but are being tried by people like themselves within the community. However, it is not possible to have a true cross section of the community because communities comprise of interest groups with different views and values. A jury is also not a true cross section of society because some members of the community are ineligible, disqualified or excuse and because each side has a right to challenge jurors to try to achieve a jury they think that may favour their side. The decision of the jury may not, therefore reflect community values.

A person who serves on a jury is able to participate in the legal system and see the legal system in operation. This can help members of society improve their knowledge of how the legal system works and generally help those participating to gain confidence in the legal system. The task of a juror is exhausting as they are expected to collate, remember, analyse and interpret the facts of the case and to follow the instructions of the judge, as well as being unbiased and unemotional. A juror might experience difficult in understanding the complicated nature of some evidence and the sheer volume of evidence. They are expected to concentrate for long periods of time and comprehend everything. If they are unable to, an unjust outcome can result during deliberations if not all evidence is considered. This can make the process even longer and cause more strain on the parties involved.

The jury is able to reflect community values and take into account the social, moral and economic values of time. A jury can make a decision from the point of view of the ordinary person and does not need to give a reason for its decision. The jury members can carefully follow the points of laaws explained by the judge or ignore the law if they disagree with it. If the jury decides not to make a decision based on the law, it would be difficult to come up with just one reason for the decision among the whole jury, so it could lead to a hung jury. This wil create more stress for the parties as the case must take longer and thus becoming more expensive.

The presence of a jury should ensure that evidence is given ina clear and non-techniqual way, with legal jargon kept to a minimum. The legal personnel have to explain legal concepts to the jury throughout the trial. This enables the parties to the case to have a better understanding of what is going on within the court. This can delay the effectiveness of the legal system because legal personnels must educate average people of the legal procedures. The jury is made up of average people, most of whom would have little knowledge or experience of courtroom proecdures, and they may feel quite confused and overwhelmed by the courtroom formalities. Legal personnels must take time to informt he jury details of the case which acn be time consuming, delaying the resolution and it can eb build onto the parties stress having to wait for a solution.

A jury which is made up of representatives of the people, is another way in which the people are involved in the system and are able to scrutinise the interpretation and aplication of the law. The jury is also able to scrutinise the role of the judge, who are not electeed but have considerable power over the lives of individual members of society. While jurors may be able to scrutinise the judge, the jurors have biases which may influece their decision and judgements. Usually jurors take the task of being on jury very seriously and they are meant to put aisde all biases. When making a decision during deliberation and listening to the evidence it may be difficult for jurors to put aaside their biases and this can result in an unjust outcome.

For these reasons I agree with the comment made by the legal writer, that is, the jury system is an important institution in ensuring Australia's legal system is effective. It incrrase the community involvement in their civic duty, knowledge in the lega lsystem and confidence in the system. Despite some minor issues that can be overcome over time, it ensures that parties are trialed by others like themselves.



WOW that took a while to type up. Sorry for any typos. As I was typing this I noticed I didn't relate to the "effectiveness" part. I will correct it myself.
But please. I am open to ALL feedback.

THANK YOU!
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 05, 2013, 09:44:09 pm
Hey guys,
How've we been going with practice exams for legal? Are you guys doing more full exams under timed conditions, taking them casually or just doing practice questions and a few exams here and there as well? Have you done the 2011 and 2012 VCAA exams as well? If not, when are you planning to get them done? If you have already done them, are you going to re-do them before the exam or do other exams instead?
Hope everyone's other exams are going well too :)
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 05, 2013, 09:52:46 pm
Hi,  I was just wondering if I could get some feedback on a response.
Greatly appreciated.
VCAA 2007 Question 13 (extended response) (10 marks) (Four pages were allocated) b) A legal writer recently commented:I believe that the jury is one of the most important institutions in ensuring that Australia has an effective legal system. However, not everyone agrees with me. Critically evaluate the extent to which the jury system contributes to an effective legal system, and justify your conclusion.

My response:

As stated above the jury is one of the most important institutions in ensuring that Australia has an effective legal system for a number of reasons. Those reasons include, its cross section of the people, it involves the general community, reflects community values, ensures less legal jargon and helps to protect democracy. However, there are some limitations to the jury system.

Okay, so im going to put my examiner shoes on LOl, im not sure on your stance here, do you support the statement or not, you've just repeated the above statement.

A trial by jury represents trial by ones' peers. A jury is made up of average men and women who are not selected as people in a position of authority but are, as far as possible, a cross section of the community. An accused person can therefore feel confident that they are not being oppressed by authorityREMOVE THE IMPRESSION OF BEING OPPRESSED BY AUTHORITY FIGURES but are being tried by people like themselves within the community. However, it is not possible to have a true cross section of the community because communities comprise of interest groups with different views and values. A jury is also not a true cross section of society because some members of the community are ineligible, disqualified or excuse and because each side has a right to challenge jurors to try to achieve a jury they think WOULD BE MORE SYMPATHETIC TOWARDS THE ACCUSSED, EXAMPLE NEVER PUT AN OLD LADY IN THE CASE WHERE THE DEFENDANT IS AN OLD LADY AS THEY CAN RELATE. The decision of the jury may not, therefore reflect community values.

A person who serves on a jury is able to participate in the legal system and see the legal system in operation. This can help members of society improve their knowledge , RESPECT and generally help those participating to gain confidence in the legal system. The task of a juror is exhausting as they are expected to collate, remember, analyse and interpret the facts of the case and to follow the instructions of the judge, as well as being unbiased and IMPARTIAL. A juror might experience difficult in understanding the complicated nature of some evidence and the sheer volume of evidence. They are expected to concentrate for long periods of time and comprehend everything. If they are unable to, an unjust outcome can result during deliberations if not all evidence is considered. This can make the process even longer and cause more strain on the parties involved. you could say here that because the general community is a bunch of computer nerds and not lawyers, it can often become difficult to understand legal proceedings and therefore result in an ineffective jury verdict

The jury is able to reflect community values and take into account the social, moral and economic values of time. A jury can make a decision from the point of view of the ordinary person and does not need to give a reason for its decision. The jury members can carefully follow the points of laaws explained by the judge or ignore the law if they disagree with it, im unsure about this, ordinary members of the jury cannot just decide to ignore the law, have you seen Twelve Angry Men, when the jurors decide to not follow the law all hell breaks loose, anyway the role of the jury is to listen to and follow the law as explained to them by the judge. If the jury decides not to make a decision based on the law, it would be difficult to come up with just one reason for the decision among the whole jury, so it could lead to a hung jury. This wil create more stress for the parties as the case must take longer and thus becoming more expensive.towards the end you dont need to say if the jury decide not to follow the law, all you need to say is that if Jury members had to give a reason it will result in more delays and costs, as they will have to now decide upon a reason for the vote of guilty or not guilty.

The presence of a jury should ensure that evidence is given ina clear and non-techniqual way, with legal jargon kept to a minimum. The legal personnel have to explain legal concepts to the jury throughout the trial. This enables the parties to the case to have a better understanding of what is going on within the court. This can delay the effectiveness of the legal system because legal personnels must educate average people of the legal procedures. The jury is made up of average people, most of whom would have little knowledge or experience of courtroom proecdures, and they may feel quite confused and overwhelmed by the courtroom formalities. Legal personnels must take time to informt he jury details of the case which acn be time consuming, delaying the resolution and it can eb build onto the parties stress having to wait for a solution.HAVEN'T YOU ALREADY STATED THIS WEAKNESS EARLIER? COMPLEXITY RIGHT?

A jury which is made up of representatives of the people, is another way in which the people are involved in the system and are able to scrutinise the interpretation and aplication of the law. The jury is also able to scrutinise the role of the judge, who are not electeed but have considerable power over the lives of individual members of society. While jurors may be able to scrutinise the judge, the jurors have biases which may influece their decision and judgements. Usually jurors take the task of being on jury very seriously and they are meant to put aisde all biases. When making a decision during deliberation and listening to the evidence it may be difficult for jurors to put aaside their biases and this can result in an unjust outcome.

For these reasons I agree with the comment made by the legal writer, that is, the jury system is an important institution in ensuring Australia's legal system is effective. It incrrase the community involvement in their civic duty, knowledge in the lega lsystem and confidence in the system. Despite some minor issues that can be overcome over time, it ensures that parties are trialed by others like themselves.



WOW that took a while to type up. Sorry for any typos. As I was typing this I noticed I didn't relate to the "effectiveness" part. I will correct it myself.
But please. I am open to ALL feedback.

THANK YOU!

sorry for the caps, i just wanted to ensure you can see my feedback, also i may have become stupid this past week due to not studying for legal, but some strengths/weaknesses are not clear in my opinion. and you talk about the general community heaps of times, you could have talked about the media too and how the influence due to how they broadcast  the information.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2013, 08:28:35 am
Yup, look at it this way, you are firstly stating, how rights are protected in Australia, our rights are not only protected by Express rights? we have implied and structural protection too, therefore you include these, and then go on and state how our rights differ to another country such as Canada,

Eg: In Australia when legislation has infringed a party's rights, the legislation only ruled invalid and you cannot acquire compensation in the same case, however you are able to gain compensation by initiating another case intending on getting compensation<< weakness

On the other hand, In Canada, when an individual's rights have been infringed due to legislation, not only is the certain act ruled invalid, but the party/individual is able to gain compensation in the same case, thus saving cost, and time.

hope this is good, im going to bring up a crap excuse and say i havent studied for legal since last monday due to english and further maths. getting into it tonight till the exam.

You would absolutely get marks for what you've said, as well - but since it doesn't ask for an overview of how Australia's Constitution protects rights first, before the comparison, you don't need to cover all aspects of our protection. In other words, saying we have one feature doesn't imply that we don't also have others. Requiring every student to cover every aspect would just be unwieldy! A comparison just means you need at least one similarity and at least one difference - but they can be anything, really.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2013, 08:37:34 am
Do you guys think this will get full marks? Don't think I did  the 'effective' part effectively (ahha see what I did there)  :P Any feedback would be appreciated!

‘Australia’s approach to the constitutional protection of democratic and human rights is different from, and
not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada’
Compare Australia’s approach to the constitutional protection of democratic and human rights with the approach
adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of
Australia’s Constitution is in protecting democratic and human rights.

*Edit... (8 marks)

Being both democratic nations, Australia and Canada have similar approaches to the constitutional protection if rights, however there does exist some significant difference between the approaches adopted by these countries.

Both Australia and Canada have rights that are entrenched within their relevant constitution. Therefore, as these rights are listed specifically in the respective constitution, they can only be removed or added by those countries prescribed method of constitutional alteration. However, where Canada protects an expansive list of rights under the Canadian Charter (political, democratic, human and even mobility and language rights) Australia differs in that it only protects a limited number of rights. This makes Australia’s approach seemingly ineffective as the rights protected under the constitution are not only limited in number (only 5 express rights under the constitution) but are limited in nature. For example, the right to trial by jury under section 80 only protects the right to trial by jury for Commonwealth indictable offences, when criminal cases are largely heard under state jurisdiction, making the protection futile for state offensives.

Under both Australia and Canada’s approach, the rights protected under the respective constitutions are fully enforceable. This means that any legislation that infringes rights, and is challenged, can be declared invalid by the respective high court of that country – the High Court for Australia and the Supreme Court for Canada. However, in Canada, the parliament has the power to override the Supreme Court’s decision whereas this power does not exist in Australia. Under the ‘notwithstanding clause’, if a legislation is declared invalid in Canada then the parliament can pass the legislation for a second time expressing a clear intent to override a certain right, whereas, the Australian parliament must amend legislation to remove the invalid provision. Australia’s approach is therefore able to effectively ensure that rights are fully enforceable. The High Court can act as a system of checks and balances to ensure that the legislator is not infringing the rights protected by the Constitution.

It can be seen that Australia and Canada have very similar approaches to the protection of rights and where the approaches differ Australia’s approach presents both strengths and weaknesses in comparison to Canada’s approach.

I think this is fantastic. Okay, not perfect - but really well-written and with great content.

Suggestions:

- I think your evaluation could be a little stronger. You make comments regarding effectiveness, but your opinion is a bit wishy-washy and repeating the question (at the start and end). If you could come up with an *actual* opinion on how effective you think Australia's protection is and why - one that related to the sims and diffs you did - that would make it come together much better.

- Going slightly harder on the eval in the body of the answer would be good, too... but you don't need to go crazy :)

- In terms of length, it's *really* hard for me to judge without seeing it handwritten! But you have two similarities and two differences, plus some evaluation - so it's looking pretty good :) If you think about the actual exam, they give one whole page for any 8-markers, plus a chunk of lines on the second page; they then leave the rest of the second page blank so people can go over if they like. In terms of time, you can spend around 15 mins on an 8-marker. Try writing it out to time and see how that measures up! I think you *might* have time for a slightly stronger eval and mayyybe one more quick point. But maybe not!

Good job, I think!
Title: Re: VCE Legal Studies Question Thread
Post by: Flor on November 06, 2013, 06:28:04 pm
I was having a talk with a few others today and I'm confused about arbitration in the Mag. Court now. Could someone just clarify whether arbitration IS compulsory if the claims are under $10,000 dollars in the Mag. Court. I was under the impression that it was at the magistrates' discretion to refer parties to compulsory arbitration, and that it's just a general practice done in order to save time and resources.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 06, 2013, 06:32:51 pm
I was having a talk with a few others today and I'm confused about arbitration in the Mag. Court now. Could someone just clarify whether arbitration IS compulsory if the claims are under $10,000 dollars in the Mag. Court. I was under the impression that it was at the magistrates' discretion to refer parties to compulsory arbitration, and that it's just a general practice done in order to save time and resources.

Unsure if arbitration is compulsory, does not say it anywhere in my text book, maybe clarify with megan as she has studied law. however all i've been told to be known is that matters heard in the magistrates court under $10,000 is then referred to arbitration to resolve.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on November 06, 2013, 07:06:05 pm
For questions such as 'Critically evaluate the effectiveness of (insert topic)', how many points (i.e. strengths and weaknesses) would we need for an 8 mark and a 10 mark question?
thanks in advance
Title: Re: VCE Legal Studies Question Thread
Post by: michak on November 06, 2013, 07:10:51 pm
For questions such as 'Critically evaluate the effectiveness of (insert topic)', how many points (i.e. strengths and weaknesses) would we need for an 8 mark and a 10 mark question?
thanks in advance

For an 8 mark question it depends how the examiners mark the question. To be safe I would do 4 of each because they could mark it as one strength/weakness equals one marl. However if they marked the question globally - as in how the piece goes together and how it is writtern - if you have written substantially on only 3 each you could also get 8 marks.

10 mark questions are different. If you just jumped straight in and wrote 5 strengths and 5 weaknesses you would not get the whole 10 marks. Examiners first want to see your contention as such - especially if it asks do you agree. In every answer you would want a small intro with your contention and a short conclusion. this questions are also looked at globally.

Hope that helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 06, 2013, 08:03:30 pm
Yup, look at it this way, you are firstly stating, how rights are protected in Australia, our rights are not only protected by Express rights? we have implied and structural protection too, therefore you include these, and then go on and state how our rights differ to another country such as Canada,

Eg: In Australia when legislation has infringed a party's rights, the legislation only ruled invalid and you cannot acquire compensation in the same case, however you are able to gain compensation by initiating another case intending on getting compensation<< weakness

On the other hand, In Canada, when an individual's rights have been infringed due to legislation, not only is the certain act ruled invalid, but the party/individual is able to gain compensation in the same case, thus saving cost, and time.

hope this is good, im going to bring up a crap excuse and say i havent studied for legal since last monday due to english and further maths. getting into it tonight till the exam.

Only thing is the time restraints dude, I definitely like the way you've linked comparison and evaluation and I think I could have done that more effectively (crafted it way better than me, so your feedback is appreciated.) 

Yup, look at it this way, you are firstly stating, how rights are protected in Australia, our rights are

hope this is good, im going to bring up a crap excuse and say i havent studied for legal since last monday due to english and further maths. getting into it tonight till the exam.

granted excuse I have the same!

- I think your evaluation could be a little stronger. You make comments regarding effectiveness, but your opinion is a bit wishy-washy and repeating the question (at the start and end). If you could come up with an *actual* opinion on how effective you think Australia's protection is and why - one that related to the sims and diffs you did - that would make it come together much better.

- Going slightly harder on the eval in the body of the answer would be good, too... but you don't need to go crazy :)

100% agree I should of and definitely can go a lot harder on the evaluation bit. Reading it back i was definitely weak and my opinion is 'wishy-washy and repeating the question' like you said. Thanks for the feedback!

I think this is fantastic. Okay, not perfect - but really well-written and with great content.

argh two sets of very different feedback, I don't know how to feel!
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 06, 2013, 08:11:17 pm
You would absolutely get marks for what you've said, as well - but since it doesn't ask for an overview of how Australia's Constitution protects rights first, before the comparison, you don't need to cover all aspects of our protection. In other words, saying we have one feature doesn't imply that we don't also have others. Requiring every student to cover every aspect would just be unwieldy! A comparison just means you need at least one similarity and at least one difference - but they can be anything, really.

Good point, would definitely take to long, thats why I generally chose express rights because it is a good point of comparison with plenty of discussion pts. I think the examiners were on dope for that question because you cannot expect three pages for a 8 marks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2013, 11:13:32 pm
Unsure if arbitration is compulsory, does not say it anywhere in my text book, maybe clarify with megan as she has studied law. however all i've been told to be known is that matters heard in the magistrates court under $10,000 is then referred to arbitration to resolve.

Oh, we didn't really learn too much procedural detail in law school! And you forget everything anyway :) I just check the legislation or rules like anyone! http://www.austlii.edu.au/au/legis/vic/consol_act/mca1989214/s102.html

The legislation says 'must refer' UNLESS certain exceptions are met.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 07, 2013, 04:42:03 am
Hey guys,
How've we been going with practice exams for legal? Are you guys doing more full exams under timed conditions, taking them casually or just doing practice questions and a few exams here and there as well? Have you done the 2011 and 2012 VCAA exams as well? If not, when are you planning to get them done? If you have already done them, are you going to re-do them before the exam or do other exams instead?
Hope everyone's other exams are going well too :)
Bump. Anyone???
Title: Re: VCE Legal Studies Question Thread
Post by: michak on November 07, 2013, 09:38:59 am
Bump. Anyone???

Just from what I did the day before the exam carve out 3 to 4 hours of your day to first do last years exam in 2 hours. Then thoroughly mark your work and see how vcaa wants your answers to be like. If you are unsure of anything post your questions on here.
Going over and analysing examiners report are really beneficial as they tell you exactly what you are looking for and questions generally appear again just worded differently.

Good luck
Title: Re: VCE Legal Studies Question Thread
Post by: TheWackyCheese on November 07, 2013, 06:50:23 pm
Hey guys, just wondering how much we will have to know about the VCAT divisions/lists? It doesn't say anything on the study design about them but I just want to be sure so I don't end up revising them if I don't need to or not revising them when I should be.
Title: Re: VCE Legal Studies Question Thread
Post by: eeps on November 07, 2013, 07:24:15 pm
Hey guys, just wondering how much we will have to know about the VCAT divisions/lists? It doesn't say anything on the study design about them but I just want to be sure so I don't end up revising them if I don't need to or not revising them when I should be.

I don't think you need to know them from memory? In the previous study design, you would have needed an understanding of the different lists. But since the introduction of the new study design (2011 onwards), I don't think you need to (don't take my word for it though - see what others have to say).
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 07, 2013, 07:38:03 pm
''Listen to this man, he knows what his talking about'' still got them twelve angry men quotes sparking brah.

anyhow

man above me is right, since the introduction of the new study design, they took out the vcat lists, thus you do not need to know about them, furthermore if it aint in the study design, they cannot test you true?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 07, 2013, 10:17:23 pm
When a question talks about 'recent changes or recommendations for change to the legal system', how recent are they talking? My book gives pretty dated  changes and I read on one of the vcaa reports that they don't want examples like 'Koori Court in the Magistrates Court'. So I was thinking I would just do some research on changes... is it necessary or should the examples in my book be sufficient?

Thanks guys
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 07, 2013, 10:23:54 pm
When a question talks about 'recent changes or recommendations for change to the legal system', how recent are they talking? My book gives pretty dated  changes and I read on one of the vcaa reports that they don't want examples like 'Koori Court in the Magistrates Court'. So I was thinking I would just do some research on changes... is it necessary or should the examples in my book be sufficient?

Thanks guys

Nope, cannot be using the juries act 2000 LOL, must be recent change or recommendations, such as the recent recommendations of judges to direct/advise parties to go to mediation or arbitration to resolve their dispute after a reporting of a couple millions in legal fee's being saved by going to these alternative resolution methods. i use the criminal procedures act 2009-2010, but their are newer ones, such as the establishment of the KOORI COURT IN THE COUNTY COURT, establishment of the drug court< think they created this for tony m*kbel
Title: Re: VCE Legal Studies Question Thread
Post by: TheWackyCheese on November 08, 2013, 08:43:34 am
Thanks tcstudents and eeps for the replies :)
Furthermore, maybe a thread should be started where people can contribute recent changes and recommendations to be used in the exam?
Title: Re: VCE Legal Studies Question Thread
Post by: Flor on November 08, 2013, 09:36:18 am
When a question talks about 'recent changes or recommendations for change to the legal system', how recent are they talking? My book gives pretty dated  changes and I read on one of the vcaa reports that they don't want examples like 'Koori Court in the Magistrates Court'. So I was thinking I would just do some research on changes... is it necessary or should the examples in my book be sufficient?

Thanks guys

I'm pretty sure recent changes and recommendations includes a time frame of 5 years. Don't go beyond this.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 08, 2013, 10:09:45 am
Does anyone have an accurate list of what the different task words mean?
Title: Re: VCE Legal Studies Question Thread
Post by: mdotwillo on November 08, 2013, 10:35:11 am
Does anyone have a quality binding precedent up their sleeve?

I'm too scared to use Grant v. AKM / Donoghue v. Stevenson given how contentious the whole thing is with the privy council, UK and AUS court hierarchy being united (in some circumstances) and what not.

What I was thinking of saying (if the question requires me to) is that Grant v. AKM is binding on inferior courts in the Victorian hierarchy (where the material facts are similar)  ever since 1986 (passing of the Australia Act)...

Any ideas? Any input will be much appreciated (Megan preferably)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 08, 2013, 12:05:45 pm
Does anyone have a quality binding precedent up their sleeve?

I'm too scared to use Grant v. AKM / Donoghue v. Stevenson given how contentious the whole thing is with the privy council, UK and AUS court hierarchy being united (in some circumstances) and what not.

What I was thinking of saying (if the question requires me to) is that Grant v. AKM is binding on inferior courts in the Victorian hierarchy (where the material facts are similar)  ever since 1986 (passing of the Australia Act)...

Any ideas? Any input will be much appreciated (Megan preferably)

Ha!

Yeah, it *shouldn't* be contentious, because Aus and UK were part of the same hierarchy for state cases until 1986... but I know what you mean that there are some misunderstandings floating around out there.

If you want to be 100% safe, I think use Grant for Vic cases with similar material facts and don't even mention the Australia Acts - because they're irrelevant to that scenario anyway, given Grant WAS an Australian case.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on November 08, 2013, 12:33:59 pm
Are we always required to fill in the lines when doing VCAA papers? because I've noticed that the amount of lines given per question are sometimes inconsistent (e.g. in the same paper, a question worth 6 marks is given 18 lines, but in another question worth the same amount of marks is given more than 25 lines)
Title: Re: VCE Legal Studies Question Thread
Post by: michak on November 08, 2013, 01:23:37 pm
Are we always required to fill in the lines when doing VCAA papers? because I've noticed that the amount of lines given per question are sometimes inconsistent (e.g. in the same paper, a question worth 6 marks is given 18 lines, but in another question worth the same amount of marks is given more than 25 lines)

nah don't worry about the lines considering some people write really small and others big. as long as you have written everything you think you need to you will be fine!
Title: Re: VCE Legal Studies Question Thread
Post by: Colokid on November 08, 2013, 05:31:38 pm
how many recent or recommended changes to the legal system do we need to know? also do we need to know what private members bills are?
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 08, 2013, 06:31:21 pm
cheers tcstudent, Flor :D
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 08, 2013, 06:51:42 pm
how many recent or recommended changes to the legal system do we need to know? also do we need to know what private members bills are?

okay, you need to know

recent or recommended changes for the adversarial system. Eg-give the judge a greater investigative role

recent or recommended changes for the jury system. Eg- replace ordinary jurors with either specialist jurors or judges

recent or recommended changes courts for criminal procedure, establishment of the koori court in the county court, NOT THE MAGISTRATES COURT LOL

recent or recommended changes for civil procedure- INCREASED USE OF ALTERNATIVE DISPUTE RESOLUTION

no you do not need to know private member bills, if you are unsure of what may or may not be on the exam, read the study design.
Title: Re: VCE Legal Studies Question Thread
Post by: Colokid on November 08, 2013, 08:00:06 pm
okay, you need to know

recent or recommended changes for the adversarial system. Eg-give the judge a greater investigative role

recent or recommended changes for the jury system. Eg- replace ordinary jurors with either specialist jurors or judges

recent or recommended changes courts for criminal procedure, establishment of the koori court in the county court, NOT THE MAGISTRATES COURT LOL

recent or recommended changes for civil procedure- INCREASED USE OF ALTERNATIVE DISPUTE RESOLUTION

no you do not need to know private member bills, if you are unsure of what may or may not be on the exam, read the study design.



thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 08, 2013, 08:10:25 pm
When asked to discuss/explain a civil/criminal pre-trial procedure to use in a case (or something along those lines), do we discuss the broad topic, eg. pleadings, discoveries, or discuss specific examples of them, such as writs, interrogatories, etc.? My teacher said ALWAYS discuss specific types and mention that they are a type of pleading, etc. but I just wanted to confirm because I instinctively think of discussing the broader topic of pleadings, etc. How do we go about these questions?

Maybe someone can help me by telling me how you'd answer this: Explain the civil pre-trial procedures that would occur before this case goes to trial (6 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 08, 2013, 08:19:27 pm
Also, I did a question: Explain the operation of the doctrine of precedent [8 marks] and this is what I talked about:
- Para 1: Define/explain what DoP actually means
- Para 2: Explain Stare decisis
- Para 3: Explain Binding precedent
- Para 4: Explain persuasive precedent
- Para 5: Judge can avoid or develop new precedent through methods including reversing, overruling, distinguishing or disapproving (RODD). Then go on to explain any one, e.g. reversing, in detail.

My teacher gave me a 7 and said to develop the 5th para more by talking about other aspects of RODD in detail, such as distinguishing.. What i wanted to know is whenever talking about RODD do we need to discuss every aspect in detail or is it ok to list them and then discuss only a few in detail? If we only discuss a few, how many? I'm talking about for questions such as this one where you don't only focus on RODD but still need to include it  in some detail, or if we discuss RODD as a weakness of the doctrine of precedent. Because talking about all 4 takes up too much space so I generally list them all and then talk about 1 in detail.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 08, 2013, 08:46:41 pm
I'm talking about for questions such as this one where you don't only focus on RODD but still need to include it  in some detail, or if we discuss RODD as a weakness of the doctrine of precedent. Because talking about all 4 takes up too much space so I generally list them all and then talk about 1 in detail.

Thanks!
I lost marks on my SAC for doing the same thing so just to be safe I always give just a brief 1/2 sentence  explaining the key points of each method.

Thats what I think but I'm not 100% sure, see what others think..
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 08, 2013, 09:43:22 pm
And one more question! When asked which court will hear something, do we state the court only or whether it's a civil or criminal as well? My teacher said if I didn't state the division: civil/criminal I'd get no marks from vcaa...
Title: Re: VCE Legal Studies Question Thread
Post by: werdna on November 09, 2013, 12:52:25 am
And one more question! When asked which court will hear something, do we state the court only or whether it's a civil or criminal as well? My teacher said if I didn't state the division: civil/criminal I'd get no marks from vcaa...

Your teacher is sorta right, it's always good to be more precise, but I doubt you'd get NO marks from VCAA...

Usually the question will have a bit of context to it. Eg. armed robbery, murder etc. So when writing up your answer, it doesn't hurt to relate back to the case/example/question and mention civil/criminal to be more precise.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 09, 2013, 09:38:46 am
Hello, i always suck at writing these questions, im unsure to state strengths/weaknesses of each or do something else

Question: Describe how courts and parliament make law. discuss two difference between the law making processes of courts and parliament-10 marks vcaa 2003 or 2004

can i get a breakdown of what to include into this question.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 11:03:05 am
And one more question! When asked which court will hear something, do we state the court only or whether it's a civil or criminal as well? My teacher said if I didn't state the division: civil/criminal I'd get no marks from vcaa...

If it just says "which court" just write the court. Doesn't even need to be a sentence :)
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on November 09, 2013, 11:13:16 am
If we're talking about recent changes, how recent do they have to be?
thanks
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 09, 2013, 11:23:32 am
If we're talking about recent changes, how recent do they have to be?
thanks

Read the previous page.. :D
Title: Re: VCE Legal Studies Question Thread
Post by: TheWackyCheese on November 09, 2013, 01:23:53 pm
For Civil Pre Trial Procedures and their purpose, do we need to go into detail about each part of the procedure or do we just need to know an overview of what occurs and why?
For example, for pleadings, do we need to know the writ, statement of claim, notice of appearance, statement of defense and counter claim? Or do we just have to know that it is the exchanging of documents between the plaintiff and defendant to set out the nature of the claim and inform the defendant of the claim against them?
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 01:32:35 pm
For Civil Pre Trial Procedures and their purpose, do we need to go into detail about each part of the procedure or do we just need to know an overview of what occurs and why?
For example, for pleadings, do we need to know the writ, statement of claim, notice of appearance, statement of defense and counter claim? Or do we just have to know that it is the exchanging of documents between the plaintiff and defendant to set out the nature of the claim and inform the defendant of the claim against them?

when the question is similar to something like "describe/evaluate a civil pre trial procedure and explain its purpose" then all you need to do is talk about pleadings as a collective thing, but they do have the ability to ask "explain two documents within pleadings" or of that nature. It's always good to know all the writ, s.o.c, s.o.d etc, just in case you need to put a bit of extra detail into your answer (I was doing a practice exam which asked to describe a civil pre-trial for 4. so I guess it wouldn't hurt to show the examiner you know what pleadings means there.

Good luck for Tuesday!
Title: Re: VCE Legal Studies Question Thread
Post by: TheWackyCheese on November 09, 2013, 02:28:33 pm
when the question is similar to something like "describe/evaluate a civil pre trial procedure and explain its purpose" then all you need to do is talk about pleadings as a collective thing, but they do have the ability to ask "explain two documents within pleadings" or of that nature. It's always good to know all the writ, s.o.c, s.o.d etc, just in case you need to put a bit of extra detail into your answer (I was doing a practice exam which asked to describe a civil pre-trial for 4. so I guess it wouldn't hurt to show the examiner you know what pleadings means there.

Good luck for Tuesday!

Thanks you too! The documents are fairly self explanatory so I might just keep one or two up my sleeve. :)
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 09:13:17 pm
Also, I did a question: Explain the operation of the doctrine of precedent [8 marks] and this is what I talked about:
- Para 1: Define/explain what DoP actually means
- Para 2: Explain Stare decisis
- Para 3: Explain Binding precedent
- Para 4: Explain persuasive precedent
- Para 5: Judge can avoid or develop new precedent through methods including reversing, overruling, distinguishing or disapproving (RODD). Then go on to explain any one, e.g. reversing, in detail.

My teacher gave me a 7 and said to develop the 5th para more by talking about other aspects of RODD in detail, such as distinguishing.. What i wanted to know is whenever talking about RODD do we need to discuss every aspect in detail or is it ok to list them and then discuss only a few in detail? If we only discuss a few, how many? I'm talking about for questions such as this one where you don't only focus on RODD but still need to include it  in some detail, or if we discuss RODD as a weakness of the doctrine of precedent. Because talking about all 4 takes up too much space so I generally list them all and then talk about 1 in detail.

Thanks!

Our teacher made us do this question the other day. This was my response (she gave me 8, but might differ from examiner to examiner)

The doctrine of precedent is based on the principle of stare decisis, which means to stand by what has been decided. This means that the ratio decidendi, or the reasons for making a legal decision, of superior court must be followed by lower courts in the same hierarchy when deciding on similar cases (with similar material facts or when deciding on a similar principle of law). This forms the term "binding precedent" and as such this ensures consistency and flexibility within the legal system. Over time, this can lead to the development of a whole area of  common law - e.g negligence, which was developed through the doctrine of precedent over a timespan of 150 years.

Another way in which the doctrine of precedent operates is through persuasive precedent. Persuasive precedent refers to precedent that may influence a decision of a case but is not necessarily binding on the court. Persuasive precedent can include obiter dicta, which are legal statements that do not comprise part of the ratio decidendi but express a judge's opinion on the matter at hand. Further, decisions made in international courts, while not binding due to being made in a separate hierarchy, can still function as persuasive precedent. For example, the British case of Donoghue v Stevenson established in it's ratio decidendi that a manufacturer owed a duty of care to the ultimate customer, and this influenced the later Australian decision in Grant v. Australian Knitting Mills.

The doctrine of precedent also allows for flexibility through the processes of reversing, overruling, distinguishing and disapproving. This ensures that precedent does not become too constraining and outdated. Reversal, for example, refers to the ability of superior courts to bypass a decision made in a lower court if the same case is appealed. Deing v.Tarola was an example of a case that was reversed. The Supreme Court, in this case, reversed the Magistrates' Court's interpretation of the phrase "regulated weapon" in the crime act, and as such 'reversed' the original precedent and established a new one.


Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 09:15:40 pm
Does anyone have a quality binding precedent up their sleeve?

I'm too scared to use Grant v. AKM / Donoghue v. Stevenson given how contentious the whole thing is with the privy council, UK and AUS court hierarchy being united (in some circumstances) and what not.

What I was thinking of saying (if the question requires me to) is that Grant v. AKM is binding on inferior courts in the Victorian hierarchy (where the material facts are similar)  ever since 1986 (passing of the Australia Act)...

Any ideas? Any input will be much appreciated (Megan preferably)


You could use the Trigwell case, where the common law maxim that owners did not owe a duty of care for their stray animals was binding on the decision made. Wasn't Donoghue persuasive precedent?
Title: Re: VCE Legal Studies Question Thread
Post by: unfamila on November 09, 2013, 09:22:09 pm

 Wasn't Donoghue persuasive precedent?
Aus and UK were part of the same hierarchy for state cases until 1986... but I know what you mean that there are some misunderstandings floating around out there.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 09, 2013, 09:25:57 pm

Wait.. is that saying Donoghue v Stevenson is binding on Grant v AKM?

Argh this is confusing. The textbook that I have specifically says they are only persuasive on each other (ie. they actually said Donoghue v Stevenson was part of a separate hierrachy as the Gratn v AKM case); would it be wrong if you used it as an example of a persuasive precedent then?

EDIT: re-read Megan's origin post; so it is OK to use Donoghue v Stevenson and Grant v AKM as examples of binding precedent?
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 09, 2013, 09:32:22 pm
Wait.. is that saying Donoghue v Stevenson is binding on Grant v AKM?

Argh this is confusing. The textbook that I have specifically says they are only persuasive on each other; would it be wrong if you used it as an example of a persuasive precedent then?

The persuasive precedent from the snail is a bottle case was adopted in the grant vs australian knitting mills case, Justice Atkin applied the neighbour principle LOL? maybe it was justice beach
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 09, 2013, 09:34:02 pm
anyone know how the VLRC educate the community?? is it through their website and providing brochures to the public??

this is one of their roles and i'd like to expand on it in the exam if its there.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 09:54:24 pm

You could use the Trigwell case, where the common law maxim that owners did not owe a duty of care for their stray animals was binding on the decision made. Wasn't Donoghue persuasive precedent?

Nah, I'm going to say 99.99% sure Trigwell was just persuasive, sorry :( The High Court isn't bound, but they chose to follow it. Different judges had slightly different reasons, but one strong thing that came through was not wanting to overhaul an entire area of law - preferring to leave it to the elected parliament.

And Donoghue was binding precedent. The UK and Australia were part of the same court hierarchy for state cases until 1986 when the Australia Acts were passed; Grant won in the Supreme Court on the new negligence principle, but then the High Court reversed that and distinguished the precedent (based on the fact that he could have checked the garment, washed it, etc) - but then Grant appealed to the UK and they confirmed that negligence applied in a binding way (basically, reversing the HCA).

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 09:57:42 pm
The persuasive precedent from the snail is a bottle case was adopted in the grant vs australian knitting mills case, Justice Atkin applied the neighbour principle LOL? maybe it was justice beach

The Privy Council (UK) found that the material facts of the cases (Donoghue and Grant) were similar enough that the negligence precedent was binding.

I mean, if we think about it logically, the fact that Grant *could* appeal to the UK shows they were part of the same court hierarchy, yeah...?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 10:04:27 pm
Nah, I'm going to say 99.99% sure Trigwell was just persuasive, sorry :( The High Court isn't bound, but they chose to follow it. Different judges had slightly different reasons, but one strong thing that came through was not wanting to overhaul an entire area of law - preferring to leave it to the elected parliament.

And Donoghue was binding precedent. The UK and Australia were part of the same court hierarchy for state cases until 1986 when the Australia Acts were passed; Grant won in the Supreme Court on the new negligence principle, but then the High Court reversed that and distinguished the precedent (based on the fact that he could have checked the garment, washed it, etc) - but then Grant appealed to the UK and they confirmed that negligence applied in a binding way (basically, reversing the HCA).

Specifically, Justice Mason said:

"These considerations must deter a court from departing too readily from a settled rule of the common law and from replacing it with a new rule. Certainly, in this case they lead to the conclusion that the desirabiilty of departing from the rule in Searle v. Wallbank is a matter which should be left to Parliament. It is beyond question that the conditions which brought the rule into existence have changed markedly. But it seems to me that in the division between the legislative and the judicial functions it is appropriately the responsibility of Parliament to decide whether the rule should be replaced and, if so, by what it should be replaced."
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 10:25:15 pm
Nah, I'm going to say 99.99% sure Trigwell was just persuasive, sorry :( The High Court isn't bound, but they chose to follow it. Different judges had slightly different reasons, but one strong thing that came through was not wanting to overhaul an entire area of law - preferring to leave it to the elected parliament.

And Donoghue was binding precedent. The UK and Australia were part of the same court hierarchy for state cases until 1986 when the Australia Acts were passed; Grant won in the Supreme Court on the new negligence principle, but then the High Court reversed that and distinguished the precedent (based on the fact that he could have checked the garment, washed it, etc) - but then Grant appealed to the UK and they confirmed that negligence applied in a binding way (basically, reversing the HCA).

Oh really? I thought Trigwell was binding. My bad.

And we've had Donoghue drilled into us the whole year as an example of persuasive precedent.

This is straight from our textbook.

"CASE STUDY

Grant v. Australian Knitting Mills (1936) AC 85
In the Australian case Grant v. Australian Knitting Mills, Grant was affected by dermatitis from wearing a pair of underpants he had purchased. The manufacturer of the underpants had negligently left a chemical, metal sulphite, in the material.
Grant had a contract with the seller, but did not have a contract with the manufacturer. He sued the manufacturer for negligence.
The court referred back to the case of Donoghue v. Stevenson. Although this was a persuasive precedent as it was in another hierarchy, the court chose to follow the decision in that case and decided that the manufacturer owed a duty of care to the ultimate consumer.
As with Donoghue v. Stevenson, it was not possible for the seller to see the defect on examination of the product and the manufacturer ought to have had the ultimate consumer in mind at the time of manufacture.
The injured party was successful, and the law of negligence was clearly established in Australia."


If that is wrong, then I'm going to have to restudy all of AOS3 again. wow. Thanks for highlighting this
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 10:30:29 pm
Oh really? I thought Trigwell was binding. My bad.

And we've had Donoghue drilled into us the whole year as an example of persuasive precedent.

This is straight from our textbook.

"CASE STUDY

Grant v. Australian Knitting Mills (1936) AC 85
In the Australian case Grant v. Australian Knitting Mills, Grant was affected by dermatitis from wearing a pair of underpants he had purchased. The manufacturer of the underpants had negligently left a chemical, metal sulphite, in the material.
Grant had a contract with the seller, but did not have a contract with the manufacturer. He sued the manufacturer for negligence.
The court referred back to the case of Donoghue v. Stevenson. Although this was a persuasive precedent as it was in another hierarchy, the court chose to follow the decision in that case and decided that the manufacturer owed a duty of care to the ultimate consumer.
As with Donoghue v. Stevenson, it was not possible for the seller to see the defect on examination of the product and the manufacturer ought to have had the ultimate consumer in mind at the time of manufacture.
The injured party was successful, and the law of negligence was clearly established in Australia."


If that is wrong, then I'm going to have to restudy all of AOS3 again. wow. Thanks for highlighting this

Don't stress too much - it's only a small point :)

Grant won in the Supreme Court; AKM appealed to the HCA, which distinguished the precedent; so Grant appealed to the UK Privy Council, which upheld the original verdict, applying DvS negligence. In 1931 the Statute of Westminster split the UK and Aus into separate hierarchies for the purposes of federal cases, but it wasn't until 1986 that the same happened for state law.

Really, it's not a massive biggie, though - all your theory is still fine :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 09, 2013, 10:41:38 pm
Don't stress too much - it's only a small point :)

Grant won in the Supreme Court; AKM appealed to the HCA, which distinguished the precedent; so Grant appealed to the UK Privy Council, which upheld the original verdict, applying DvS negligence. In 1931 the Statute of Westminster split the UK and Aus into separate hierarchies for the purposes of federal cases, but it wasn't until 1986 that the same happened for state law.

Really, it's not a massive biggie, though - all your theory is still fine :)

So to clarify this massive confusion is the following correct?

I figured, since D v S is considered binding on G v AKM, D v S must have been decided in a higher court than the Privy Council.

"D v S was heard, on appeal, and decided at the House of Lords (court of last resort of England). The ratio for the House of Lords' judgment in D v S (neighbour principle) was consulted by the judges in G v AKM (Privy Council). Thus, the ratio established in D v S became the binding part of the judgement reached in G v AKM, to find the defendants liable. This is because, according to the binding precedent set in D v S, the underwear manufacturer owed a duty of care as manufacturer and consumer were "neighbours" in law. "

Is the above correct? If so, I have finally found one good example of a binding precedent. !!
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 10:44:26 pm
So to clarify this massive confusion is the following correct?

I figured, since D v S is considered binding on G v AKM, D v S must have been decided in a higher court than the Privy Council.
D v S was heard, on appeal, and decided at the House of Lords (court of last resort of England) and its ratio (neighbour principle) was consulted by the judges in G v AKM (Privy Council) and the judges used the ratio from D v S to reach the outcome. Thus, the ratio established in D v S became the binding part of the judgement reached in G v AKM.

Is the above correct? If so, I have finally found one good example of a binding precedent. !!

I'd be careful using this as binding precedent. The only reason I'm saying this is because lots of students (I, until 5 minutes ago, was one of them) would consider D v S an example of persuasive precedent - lots of textbooks contain this error, and so maybe find another one which is clear cut.

Just my two cents
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 09, 2013, 10:49:28 pm
I'd be careful using this as binding precedent. The only reason I'm saying this is because lots of students (I, until 5 minutes ago, was one of them) would consider D v S an example of persuasive precedent - lots of textbooks contain this error, and so maybe find another one which is clear cut.

Just my two cents
I completely agree. I will not be using this example in the exam as an example of binding precedent simply because I might be marked incorrect since even the J&O textbook is wrong.. and most assessors would learn all their knowledge from the textbook, so even when we might be right, we might be marked wrong because they think we're wrong/
Plus, I don't think an example is even necessary. SD does not state that we have to know a case example for AOS 3 (RODD + binding/persuasive precedents).
Title: Re: VCE Legal Studies Question Thread
Post by: akeergar on November 09, 2013, 10:56:09 pm
can anybody post a response considered full marks for a 10 mark. I just want to get an idea of structure and the use of info, would be really helpful!
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 10:59:47 pm
Don't stress too much - it's only a small point :)

Grant won in the Supreme Court; AKM appealed to the HCA, which distinguished the precedent; so Grant appealed to the UK Privy Council, which upheld the original verdict, applying DvS negligence. In 1931 the Statute of Westminster split the UK and Aus into separate hierarchies for the purposes of federal cases, but it wasn't until 1986 that the same happened for state law.

Really, it's not a massive biggie, though - all your theory is still fine :)

Alright. Wikipedia confirms that D v S, was binding (it was decided in the House of Lords)

"Until 1963, the High Court regarded decisions of the House of Lords binding,and there was substantial uniformity between Australian and English common law. "

Thanks a heap Megan! CPAP ftw.

Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 11:04:50 pm
Alright. Wikipedia confirms that D v S, was binding (it was decided in the House of Lords)

"Until 1963, the High Court regarded decisions of the House of Lords binding,and there was substantial uniformity between Australian and English common law. "

Thanks a heap Megan! CPAP ftw.

We have an update. We know that D v S was binding on the High Court. However, still unsure on whether the Privy Council (being one of the highest courts in the UK hierarchy) was bound to decisions made in the House of Lords. It's hard to find concrete evidence because the House of Lords no longer plays a judicial function, if the Privy Council was not BOUND to D v S then it is persuasive, otherwise Megan is right.

This is interesting.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 11:16:36 pm
"The Supreme Court is the highest appeal court in almost all cases in England and Wales. Prior to the Constitutional Reform Act 2005 this role was held by the House of Lords."
Therefore, House of Lords WAS the highest court. It is equivalent to Uk's Supreme Crt atm. So yeah, Megan is right. But yeah, given the misconceptions around, I wouldnt use it as an example.


Oooh, but you see. (and I'm only replying for the sake of discussion now, this is very minor in relation to the actual exam), there are some ambiguities on whether the Privy Council is bound to decisions made in the English Hierarchy.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 11:19:39 pm
....I'm sorry - did I miss the part of the discussion where me NOT being right even entered serious consideration?

 ;)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 09, 2013, 11:21:25 pm

Oooh, but you see. (and I'm only replying for the sake of discussion now, this is very minor in relation to the actual exam), there are some ambiguities on whether the Privy Council is bound to decisions made in the English Hierarchy.
Same haha. It's so easy to get distracted. But I did some googling, and for the sake of ending all this: "judges who sit on the Judicial Committee of the Privy Council are also the members of the Supreme Court and the Court of Appeal" implying that PC + House of Lords/Supreme Crt = same hierachy. Thus, same hierachy = precedents being binding.

Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 11:27:52 pm
Same haha. It's so easy to get distracted. But I did some googling, and for the sake of ending all this: "judges who sit on the Judicial Committee of the Privy Council are also the members of the Supreme Court and the Court of Appeal" implying that PC + House of Lords/Supreme Crt = same hierachy. Thus, same hierachy = precedents being binding.



I'd beg to differ, but it's quite late right now haha. Some other time, after the exam, we can sit down and ascertain this once and for all :D
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 11:29:53 pm
I hate being this anal about things, but just because it IS law and that's what law is alllllll about...

The House of Lords technically was never part of the formal court hierarchy. It performed a judicial function, but from outside the official hierarchy. Therefore, TECHNICALLY it couldn't set precedent anyway.

But! Since membership of the Privy Council substantially overlapped that of the judicial function of the HoL, the Privy Council considered itself essentially bound by HoL principles. It was only practical.

In 1940 the Aus HCA said basically the same thing, but specifically in regards to Australian courts. The Chief Justice (Latham, at the time), said:

"It should now be formally decided that it will be a wise general rule of practice that in cases of clear conflict between a decision of the House of Lords and of the High Court, this court, and other courts in Australia, should follow a decision of the House of Lords upon matters of general legal principle."

And another justice in the same case said:

"It is the invariable practice for the Australian courts, including this court, to follow a decision of the House of Lords as of course, without attempting to examine its correctness, although the decision is not technically binding upon them."

Now, for the love of god, I have to stop using useless minutiae as a distraction from actual work...
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 11:33:42 pm

The House of Lords technically was never part of the formal court hierarchy. It performed a judicial function, but from outside the official hierarchy. Therefore, TECHNICALLY it couldn't set precedent anyway.

But! Since membership of the Privy Council substantially overlapped that of the judicial function of the HoL, the Privy Council considered itself essentially bound by HoL principles. It was only practical.


so, (now I'm being anal ;)), and correct me if I'm wrong TECHNICALLY since it was not part of a court hierarchy, the House of Lords, while practically being binding on the Privy Council, theoretically was not and hence D vs S on G vs AKM is a persuasive precedent in the strictest sense? ;)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 11:37:30 pm
so, (now I'm being anal ;)), and correct me if I'm wrong TECHNICALLY since it was not part of a court hierarchy, the House of Lords, while practically being binding on the Privy Council, theoretically was not and hence D vs S on G vs AKM is a persuasive precedent in the strictest sense? ;)

Haha, nice :)

According to one line of argument, absolutely yes - but not according to any of the logic by which the persuasive statement is usually made!

According to an arguably more accepted line of legal argument, however, the doctrine of precedent is established through convention and precedent itself only: there's no legislation laying out the rules. Therefore, as soon as something is accepted as part of the rules by an authoritative body, it IS a rule.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 11:40:18 pm
Haha, nice :)

According to one line of argument, absolutely yes - but not according to any of the logic by which the persuasive statement is usually made!

According to an arguably more accepted line of legal argument, however, the doctrine of precedent is established through convention and precedent itself only: there's no legislation laying out the rules. Therefore, as soon as something is accepted as part of the rules by an authoritative body, it IS a rule.

Oh I see, I'm not familiar with 'legal argument'. Never argue with a lawyer...

Once again, thanks Megan. Been a great help :)

I'm actually so excited for this exam. haha
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 11:43:56 pm
Oh I see, I'm not familiar with 'legal argument'. Never argue with a lawyer...

Once again, thanks Megan. Been a great help :)

I'm actually so excited for this exam. haha

God, I feel like I get so autopilot cut-throat when a nitpicky argument comes up!! Sorry...!!

Yeah, you should be! Exams are actually wonderful if you know your stuff - they're just this opportunity to see what you can do and explain something you're interested in and know a lot about. I'm glad you're excited :) I hope you do well.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 09, 2013, 11:47:29 pm
God, I feel like I get so autopilot cut-throat when a nitpicky argument comes up!! Sorry...!!

Yeah, you should be! Exams are actually wonderful if you know your stuff - they're just this opportunity to see what you can do and explain something you're interested in and know a lot about. I'm glad you're excited :) I hope you do well.

Tell me about it. The only reason I did Philosophy this year is because I loved logical fallacies. And picking out peoples arguments. Ok, getting off topic.

With issues and difficulties faced by people in the legal system, when you use 'high cost', can you cross refer to all the other areas of studies where "expensive" was a weakness of the features we studied (e.g adversary system's lengthy procedure, juries making trials expensive, etc.)

and btw, what kind of SAC marks should you be getting to get 45+?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2013, 11:54:09 pm
With issues and difficulties faced by people in the legal system, when you use 'high cost', can you cross refer to all the other areas of studies where "expensive" was a weakness of the features we studied (e.g adversary system's lengthy procedure, juries making trials expensive, etc.)

and btw, what kind of SAC marks should you be getting to get 45+?

Yeah - why not?

Irrelevant. Impossible to tell. You'd need to know exactly how hard your teacher marked, quality of cohort, ranking, final exam performance etc etc etc. Just do your best.
Title: Re: VCE Legal Studies Question Thread
Post by: DoctorWho on November 10, 2013, 12:07:59 am
Can someone go through which type of questions would involve examples of cases or recent changes in law?
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 10, 2013, 12:09:43 am
Yeah - why not?

Irrelevant. Impossible to tell. You'd need to know exactly how hard your teacher marked, quality of cohort, ranking, final exam performance etc etc etc. Just do your best.


Cheers. Will do, Will do.
Title: Re: VCE Legal Studies Question Thread
Post by: joy1010 on November 10, 2013, 12:52:12 am
when using examples to explain the influences on legislative change (petitions, demonstrations and media) do we need to fully explain the example, so can we just state something like "an example of this would be......"
Title: Re: VCE Legal Studies Question Thread
Post by: Flor on November 10, 2013, 03:14:26 am
when using examples to explain the influences on legislative change (petitions, demonstrations and media) do we need to fully explain the example, so can we just state something like "an example of this would be......"

Don't give an entire synopsis, just use the section of the example that relates. Get me?
Title: Re: VCE Legal Studies Question Thread
Post by: jeanweasley on November 10, 2013, 10:33:48 am
Hey all, how would one answer 'Compare and contrast the purposes of the civil pre trial procedures with the purposes of the criminal pre trial procedures'. I believe this was in the CPAP and Wood 2013 trial exams.
Title: Re: VCE Legal Studies Question Thread
Post by: Flor on November 10, 2013, 03:59:47 pm
Does specific powers relate only to commonwealth ability to make laws? Could someone just clarify it.
Title: Re: VCE Legal Studies Question Thread
Post by: vashappenin on November 10, 2013, 04:33:23 pm
When asked to discuss/explain a civil/criminal pre-trial procedure to use in a case (or something along those lines), do we discuss the broad topic, eg. pleadings, discoveries, or discuss specific examples of them, such as writs, interrogatories, etc.? My teacher said ALWAYS discuss specific types and mention that they are a type of pleading, etc. but I just wanted to confirm because I instinctively think of discussing the broader topic of pleadings, etc. How do we go about these questions?

Maybe someone can help me by telling me how you'd answer this: Explain the civil pre-trial procedures that would occur before this case goes to trial (6 marks)
Can someone please answer this?
Title: Re: VCE Legal Studies Question Thread
Post by: DoctorWho on November 10, 2013, 05:43:39 pm
Hello all. Are we required to remember cases involving express rights?
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 10, 2013, 08:00:17 pm
Can someone please answer this?

I would think 3 marks (2 for explanation, 1 for purpose) for discussion of pleadings, then another 3 for a discussion of directions hearings.

Does anyone have any other ideas? This would be a tough question
Title: Re: VCE Legal Studies Question Thread
Post by: hannah2013 on November 10, 2013, 08:52:50 pm
I would think 3 marks (2 for explanation, 1 for purpose) for discussion of pleadings, then another 3 for a discussion of directions hearings.

Does anyone have any other ideas? This would be a tough question


i would probably write 2 marks for the three (pleadings discovery and directions hearings). Like a sentence on what it is and then a brief description of why (the purpose)
Title: Re: VCE Legal Studies Question Thread
Post by: Flor on November 10, 2013, 09:16:03 pm
Can someone please answer this?

I'd explain all three (pleadings, discoveries and direction hearings). With pleadings, I'd mention all stages but I won't explain them in great depth. I'd also make sure to intertwine the purpose (although the question doesn't ask for it) when explaining. This is just a straight content question imo, the amount of discussion here is crucial.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 10, 2013, 09:32:52 pm
Dammit, why do I always forget discovery. I'd say Hannah and Flor are pretty much spot on.
Title: Re: VCE Legal Studies Question Thread
Post by: tcstudent on November 11, 2013, 10:19:13 pm
Hopefully Megan can read this,

is the reduction of peremptory challenges from 8 to 6 a recent reform to the jury system??\
-you cannot state the change of majority verdicts over unanimous decisions have been a recent change? that didnt happen in the last 5 years did it?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 11, 2013, 10:29:09 pm
Hopefully Megan can read this,

is the reduction of peremptory challenges from 8 to 6 a recent reform to the jury system??\
-you cannot state the change of majority verdicts over unanimous decisions have been a recent change? that didnt happen in the last 5 years did it?

I forget exact dates off the top of my head, but they're both pretttttttty darn old now! At least a decade.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 11, 2013, 10:39:56 pm
Hopefully Megan can read this,

is the reduction of peremptory challenges from 8 to 6 a recent reform to the jury system??\
-you cannot state the change of majority verdicts over unanimous decisions have been a recent change? that didnt happen in the last 5 years did it?
[/quote

(1993)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 11, 2013, 10:43:23 pm
Hopefully Megan can read this,

is the reduction of peremptory challenges from 8 to 6 a recent reform to the jury system??\
-you cannot state the change of majority verdicts over unanimous decisions have been a recent change? that didnt happen in the last 5 years did it?
[/quote

(1993)


Megan I have a really quick question for you:
When  discussing a Court vs VCAT comparison, can your opinion be "the efficiency of the two bodies depends on the case being considered", when the question does not specifically ask for your opinion on which of the two is better? Would an opinion like that be too weak or vague?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 11, 2013, 10:56:28 pm

Megan I have a really quick question for you:
When  discussing a Court vs VCAT comparison, can your opinion be "the efficiency of the two bodies depends on the case being considered", when the question does not specifically ask for your opinion on which of the two is better? Would an opinion like that be too weak or vague?

I can't speak for any other teachers, but I'd be cool with that :)
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on December 28, 2013, 10:59:30 am
Is there a glossary of terms we need to know. Is it in the study design? Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 21, 2014, 10:08:49 pm
(Confused by something really basic lol).

What is a legislative committee? Are they a special type of parliamentary committee or?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on January 21, 2014, 10:16:07 pm
(Confused by something really basic lol).

What is a legislative committee? Are they a special type of parliamentary committee or?
Hey
Legislative means law-making so a legislative committee would be an appointed committee to help assist in law-making (scrutiny of bills, compatibility with human rights treaties etc). As far as I know, legislative committees are mostly appointed by houses of parliament - so they are a parliamentary committee; not so sure what you mean by "special".




 
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 31, 2014, 11:55:26 pm

Thanks. Sorry about all the basic questions. I don't have a legal class until Monday so haven't had a chance to have these cleared up yet.

Title: Re: VCE Legal Studies Question Thread
Post by: Anchy on February 01, 2014, 12:58:35 am
  • Must the governor prove that minister conduct endangers good governance before a dismissal? Or can ministers be dismissed for any reason at the crown's choosing? (a study guide I read was slightly vague on that).
  • What does exercise “prerogative of mercy” mean? (saw those words in the same study guide and have no idea).

Thanks. Sorry about all the basic questions. I don't have a legal class until Monday so haven't had a chance to have these cleared up yet.

The governor does not have to prove that the minister is conducting in activities which endangers good governance. The governor exercises reserve powers which are exercised without the approval of any other branch of the government. 

:)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 01, 2014, 10:26:43 am
The governor does not have to prove that the minister is conducting in activities which endangers good governance. The governor exercises reserve powers which are exercised without the approval of any other branch of the government. 

:)

If you want to get technical, the Governor in our Westminister system is more of a ceremonial role. Yes, they can exercise reserve powers but they don't do so on their own - they do it through consultation. So yes, reserve powers can be exercised without strict approval but the Governors and Governors-General usually act on advice of the cabinet or perhaps the judiciary.

A Governor doesn't go around sacking ministers or throwing a government out of office simply because they have a strong belief that a responsible government is being endangered.

  • Must the governor prove that minister conduct endangers good governance before a dismissal? Or can ministers be dismissed for any reason at the crown's choosing? (a study guide I read was slightly vague on that).
  • What does exercise “prerogative of mercy” mean? (saw those words in the same study guide and have no idea).

Thanks. Sorry about all the basic questions. I don't have a legal class until Monday so haven't had a chance to have these cleared up yet.
These aren't basic questions. In fact they are outside the scope of the Study Design.

As for a "prerogative of mercy"... well you don't need to know that. But I did a quick google search for you and it's basically an old right (hence 'prerogative')  of the Governors of each state to grant pardons/amnesty (hence 'mercy') to prisoners. I think your study guide was trying to give you some background/history on how reserve powers of the Crown came about but you definitely don't need to know this.
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 01, 2014, 10:17:00 pm
I don't have a legal class until Monday so haven't had a chance to have these cleared up yet.

What AOS are you up to? Here I am having a SAC for the first few dot points in AOS1 whilst you're blazing all these 'basic questions' that I've never heard of!
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on February 02, 2014, 02:09:43 pm
What AOS are you up to? Here I am having a SAC for the first few dot points in AOS1 whilst you're blazing all these 'basic questions' that I've never heard of!

Finished AOS1 ahead of my class. I probably got confused between what was on the study guide as I mentioned haven't had an actual class yet so don't really know how the subject at 3/4 level "works" (for lack of better description).
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 02, 2014, 08:04:31 pm
How does the senate make laws which haven't been through the house of representatives? I thought they acted as a house of review but apparently they also make laws but are unable to make money laws (imposing tax). How does the Senate initiate and make laws? Probably a rookie question but it is quite vague in the book. Like do the roles reverse between upper and lower house and house of reps acts as a house of review and scrutinises the bill? LOL.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 02, 2014, 08:51:15 pm
How does the senate make laws which haven't been through the house of representatives? I thought they acted as a house of review but apparently they also make laws but are unable to make money laws (imposing tax). How does the Senate initiate and make laws? Probably a rookie question but it is quite vague in the book. Like do the roles reverse between upper and lower house and house of reps acts as a house of review and scrutinises the bill? LOL.
Hey

The Senate can make laws. They have almost equal law making powers as the House of Reps. The way/methods they make laws is almost identical to the House of Reps (the methods to initiate/make laws will be covered in the second chapter of Justice and Outcomes, if you are using that textbook).

The confusion you may have is that you may think all laws have to come from the House of Reps. That is not true. Any MP (including Senators) can initiate legislation. However, most, not all, government laws will come from the House of Reps because that is where Federal Cabinet (main law-making committee of the government) sits.

If a bill originates in the Senate, it will only be reviewed by the Senate. It will not be sent down to the House of Reps for review.

Also, the Senate cannot make/amend any laws with money involved. Keep in mind money bills do not have to always be imposing taxes.

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 02, 2014, 09:52:44 pm

If a bill originates in the Senate, it will only be reviewed by the Senate. It will not be sent down to the House of Reps for review.


......what do you mean here? Any bill originating in the Senate MUST be passed by the HoR as well. Of course the Senate will debate, vote on and perhaps amend bills initiated in the Senate, but that doesn't mean the HoR won't debate and amend them later itself - any amendments later made by the HoR will just be sent back up to the Senate and voted on, because all bills must be passed by both houses in the same form, and either house can make amendments (noted exceptions with money bills and referendum bills).
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 02, 2014, 10:25:04 pm
......what do you mean here? Any bill originating in the Senate MUST be passed by the HoR as well. Of course the Senate will debate, vote on and perhaps amend bills initiated in the Senate, but that doesn't mean the HoR won't debate and amend them later itself - any amendments later made by the HoR will just be sent back up to the Senate and voted on, because all bills must be passed by both houses in the same form, and either house can make amendments (noted exceptions with money bills and referendum bills).
My bad! I always thought the HOR does not explicitly take part in reviewing/amending/vote on any bills that was initiated in the Senate as it is the upper house

Thanks for clearing that up for both of us:)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 02, 2014, 10:50:15 pm
My bad! I always thought the HOR does not explicitly take part in reviewing/amending/vote on any bills that was initiated in the Senate as it is the upper house

Thanks for clearing that up for both of us:)

:)

I mean, you do need to take likelihood into account, though. It's most likely that a Senate-initiated bill will be a private member's bill, in which case I guess the biggest likelihood is the HoR just shooting it down ;)
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 07, 2014, 07:29:08 pm
When it says 'to what extent' what is it asking me to say? Which words would I use to answer the question? Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 07, 2014, 09:46:47 pm
It is basically asking you to what degree you agree, or disagree with the statement given.

In your answer somewhere you need to indicate your opinion. The easiest way to do this is start off your response straight away with "I agree to the above statement to a (limited/moderate/large etc.) extent".

You will lose marks if you don't have a clear opinion stating to what extent you agree/disagree with the statement.

I'm a noob but in my class we did a 'to what extent' question and we were basically told to talk about one side of it and create a conjunction with 'however' and argue the side that you believe in correlating with the statement.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 07, 2014, 09:54:52 pm
I'm a noob but in my class we did a 'to what extent' question and we were basically told to talk about one side of it and create a conjunction with 'however' and argue the side that you believe in correlating with the statement.

Yeah it's a bit more than arguing both sides of without expressing an opinion. Otherwise, it would all be rote-learning arguments without much understanding/opinion.

Sure, you need to give both sides to show knowledge and allow a balanced argument but you definitely need a clear opinion.

You can fence-sit (like I did with a VCAT question) but you have to justify it using clear opinion instead of conforming to formulaic structures like "Advantage 1; use a conjunction like "however" then state corresponding advantage" without an opinion. Rarely, if at all,  will you be asked to regurgitate masses of information without clear direction.
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 08, 2014, 11:16:08 am
Yeah it's a bit more than arguing both sides of without expressing an opinion. Otherwise, it would all be rote-learning arguments without much understanding/opinion.

Sure, you need to give both sides to show knowledge and allow a balanced argument but you definitely need a clear opinion.

You can fence-sit (like I did with a VCAT question) but you have to justify it using clear opinion instead of conforming to formulaic structures like "Advantage 1; use a conjunction like "however" then state corresponding advantage" without an opinion. Rarely, if at all,  will you be asked to regurgitate masses of information without clear direction.

Thanks!

In my textbook (Making and Breaking the Law) there's the sample exam question 'Outline the structure of the state and Commonwealth parliaments.' which is worth 6 marks.
In A+ Notes there's the similar question 'Outline the structure of both the Commonwealth and State Parliaments' and that's worth 3 marks.

For the two questions, what would I include in the 6 marker one and not in the 3 marker one?
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 08, 2014, 11:26:34 am
For the two questions, what would I include in the 6 marker one and not in the 3 marker one?

That is what I want to know! I've seen so many questions that are the same but 3-4 marks separate them. How are we meant to know what the criteria wants?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 08, 2014, 12:34:35 pm
Thanks!

In my textbook (Making and Breaking the Law) there's the sample exam question 'Outline the structure of the state and Commonwealth parliaments.' which is worth 6 marks.
In A+ Notes there's the similar question 'Outline the structure of both the Commonwealth and State Parliaments' and that's worth 3 marks.

For the two questions, what would I include in the 6 marker one and not in the 3 marker one?

No idea!!! That's not exam-style marking. Firstly, 'outline' is 1-2 marks. Secondly, that question on the exam has historically been worth 1-2 marks. I think the textbook is probably just giving you 1 mark per item of content to encourage you to put the 'LH' down, plus 'HoR' as the *name* of the LH. That would total six things to say. But it's not exam-style.
Title: Re: VCE Legal Studies Question Thread
Post by: Anchy on February 08, 2014, 12:35:44 pm
I used 'Making and Breaking the Law' last year and the exam marking allocation for its questions are awful. There is no way that would be 6 marks, 4 marks at most. :)
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 08, 2014, 01:01:47 pm
I used 'Making and Breaking the Law' last year and the exam marking allocation for it's questions are awful. There is no way that would be 6 marks, 4 marks at most. :)
No idea!!! That's not exam-style marking. Firstly, 'outline' is 1-2 marks. Secondly, that question on the exam has historically been worth 1-2 marks. I think the textbook is probably just giving you 1 mark per item of content to encourage you to put the 'LH' down, plus 'HoR' as the *name* of the LH. That would total six things to say. But it's not exam-style.

Thanks guys! Cleared up my confusion!

I think my teacher is a really nice guy and I can easily have a conversation with him, but I'm not liking his teaching methods. He spends half the session writing notes on the bored, and I feel like he's wasting my time.
His notes are bare minimum and I don't feel anywhere near satisfied that he is covering all that we need to know.
I'm going to make my own notes, but my only worry is that the study design doesn't give us exactly what we need to know?
Eg.Principles of the Australian parliamentary system: responsible government, representative government and separation of powers

I understand we need to know that, but not WHAT we need to know about them
I'm making notes based on the SS dot points, but I still feel my notes aren't as concise as they should be (feel like I am still adding stuff I might not need to know)

Can anyone offer advice? Much appreciated
Edit: I'm also using tmaclegal.com and his videos to take notes, and I feel they're so much better than my teachers. Are they worth using?
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 08, 2014, 05:25:36 pm
When answering an 8 mark practice exam question, how do you structure it?
It's an agree disagree question, so yeah. No idea how to write it.
Title: Re: VCE Legal Studies Question Thread
Post by: Anchy on February 08, 2014, 06:21:48 pm
When answering an 8 mark practice exam question, how do you structure it?
It's an agree disagree question, so yeah. No idea how to write it.

What type of question is it? Critically evaluate, to what extent... Etc?

You have a specific question?
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 08, 2014, 08:32:37 pm
What type of question is it? Critically evaluate, to what extent... Etc?

You have a specific question?

'The Australian Parliamentary system consists of a number of checks and balances. The most important of these is the separation of powers' Do you agree? Justify your decision
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 08, 2014, 09:22:05 pm
Ok here is how I would go about it:

1. Talk about the numerous checks and balances in place in the Aust. Parliamentary system.
Most people won't do this and will lose marks. Remember, anything given in the statement must be discussed.

2. Explain the doctrine of separation of powers. Outline the three areas of powers.

3. State whether you agree with the fact that the separation of powers is the most important.

4. Branch out your arguments on whether you agree/disagree. Take note of taskword "Justify" . Aim to have at least 10 points made.

I don't want to bias you with your opinion but be careful with absolute statements like "X is the most important". Separation of powers may be very important but you can never argue successfully that the other principles (responsible/representative government) is not as important.

So would I write it in paragraphs? How would I separate them?
Thankyou so much though, definitely have more direction now!
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 08, 2014, 09:28:47 pm
Yes, everything in Legal Studies is in paragraphs.

Don't use dot-points or diagrams unless you run out of time. (Even then, aim for full sentences). 

There is no set structure so as long as you cover everything in cohesive paragraphs, you should be fine.
Thanks! Should be right now :D
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 09, 2014, 02:48:56 pm
'What are some reasons for the separation of powers?'

My book only really says it's to provide a system of checks and balances to protect against possible power abuse, but are there any others?
I also wrote to divide government power into different bodies so that no one person has all the power.

What else is there?
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 09, 2014, 03:05:17 pm
'What are some reasons for the separation of powers?'

My book only really says it's to provide a system of checks and balances to protect against possible power abuse, but are there any others?
I also wrote to divide government power into different bodies so that no one person has all the power.

What else is there?
That is pretty much it. If one body had power over the entire legal system it would right to use the true definition of tyranny in that case. The constitution was put in place to separate the powers but naturally, the legislative/executive overlap. That is all there is to it I'll quickly get my separation of powers notes ...

''1.3.3   Seperation of Powers
There are three separate types of powers in  in our legal system and these powers should be held by separate bodies so that no one body has absolute power over the functions of the legal system.
1.3.3.1   Legislative Power
The power to make laws, which resides with parliament. As government controls the lower house, they control what legislation is introduced.
1.3.3.2   Executive Power
The power to administer laws and manage the business of government. This power is vested to the Governor General but in practice is carried out by the government.
1.3.3.3   Judicial Power
The power given to courts and tribunals to enforce the law and settle disputes which is vested ii the high court and other federal courts. This power is kept independent and separate from the other two powers.
1.3.3.4   Are powers really separated?
The accumulation of all powers legislative, executive and judiciary in the same hands may justly be pronounced as the very definition of tyranny. Legislative and executive powers are linked as government controls the lower house so they can control what legislation is introduced into parliament.
''
Title: Re: VCE Legal Studies Question Thread
Post by: Versace on February 11, 2014, 12:41:04 am
Hey
I was wondering when/what type of questions should I incorporate case examples into my answers?
What types of contemporary case examples should I be looking out for?
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 11, 2014, 06:44:48 pm
If you are asked to 'explain' something like 'demonstrations' and how this can influence the law for 4 marks, how would this work out?

Would you define or show your knowledge that you know what a demonstration is -> Give an example of how a demonstration could change the law (e.g. has the same effect as picket lining out the front of parliament so they MUST respond -> ... then what?

I had this as a 4 marker and I just am not sure. Legal seems hard to know how to structure/get marks.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 12, 2014, 08:04:42 am
If you are asked to 'explain' something like 'demonstrations' and how this can influence the law for 4 marks, how would this work out?

Would you define or show your knowledge that you know what a demonstration is -> Give an example of how a demonstration could change the law (e.g. has the same effect as picket lining out the front of parliament so they MUST respond -> ... then what?

I had this as a 4 marker and I just am not sure. Legal seems hard to know how to structure/get marks.

Aswell as this, you would also add that the aim of many demonstrations is to get mass media coverage in order to publicize and reach a greater audience and hopefully influence parliament greater than before.
Title: Re: VCE Legal Studies Question Thread
Post by: aqple on February 12, 2014, 09:33:26 pm
If you are asked to 'explain' something like 'demonstrations' and how this can influence the law for 4 marks, how would this work out?

Would you define or show your knowledge that you know what a demonstration is -> Give an example of how a demonstration could change the law (e.g. has the same effect as picket lining out the front of parliament so they MUST respond -> ... then what?

I had this as a 4 marker and I just am not sure. Legal seems hard to know how to structure/get marks.

1. Define demonstration, why people do it
2. Why the law needs to take demonstrations seriously (representative & responsible government)
3. What is needed from a demonstration to influence law
4. How demonstrations can/can't influence law

And give examples to strengthen response
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 12, 2014, 09:41:55 pm
If you are asked to 'explain' something like 'demonstrations' and how this can influence the law for 4 marks, how would this work out?

Would you define or show your knowledge that you know what a demonstration is -> Give an example of how a demonstration could change the law (e.g. has the same effect as picket lining out the front of parliament so they MUST respond -> ... then what?

I had this as a 4 marker and I just am not sure. Legal seems hard to know how to structure/get marks.
My response from last year (copied straight from notes)

"A demonstration is an assemblage of individuals protesting in the aim to influence a change in the law. For a demonstrations to be successful, it should incite media attention and be held in a prominent location (eg. Parliament house). In reality, demonstrations are often not successful as they are difficult to organise, marred by violence or are far too controversial for parliament to legislate on. However, given significant media attention and large attendance, demonstrations can be successful. One example of demonstrations is a string of protests aimed at obstructing the entrance of abortion clinics, to protest against ntentional abortion. This demonstration was unsuccessful in influencing a change in the law".


Basic breakdown for 4 marks:

1. Define.
2. Example
3. Explain
4. Give brief overview of strengths and weakness

ALSO: In defining or explaining "demonstrations" don't use "demonstrate against" or something like that.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 12, 2014, 11:53:07 pm
My response from last year (copied straight from notes)

"A demonstration is an assemblage of individuals protesting in the aim to influence a change in the law. For a demonstrations to be successful, it should incite media attention and be held in a prominent location (eg. Parliament house). In reality, demonstrations are often not successful as they are difficult to organise, marred by violence or are far too controversial for parliament to legislate on. However, given significant media attention and large attendance, demonstrations can be successful. One example of demonstrations is a string of protests aimed at obstructing the entrance of abortion clinics, to protest against ntentional abortion. This demonstration was unsuccessful in influencing a change in the law".


Basic breakdown for 4 marks:

1. Define.
2. Example
3. Explain
4. Give brief overview of strengths and weakness

ALSO: In defining or explaining "demonstrations" don't use "demonstrate against" or something like that.

I would include explaining demonstrations by saying 'protest', as well - they are treated as synonymous in the course. So I'd substitute 'protesting' for what protesting actually IS.

Also, remember the task word. If the question just asks to 'explain' (and 4 marks is a heckuva lot for just that), it doesn't actually ask for any evaluation - so I'm not sure where the weaknesses come in. I would therefore amend your marks breakdown to have #4 as how demonstrations can be effective in influencing parliament.

Also, the unsuccessful example seems to work against the answer. Either use a successful example, or say why the example you've chosen was unsuccessful, linking it to your 'strength' of what a protest needs to BE successful (aka illustration in the negative).

But you know I think you're amazing help for everyone, Zez!
Title: Re: VCE Legal Studies Question Thread
Post by: Eluminum on February 15, 2014, 04:29:03 pm
Hi, can anyone help me with this?

"To what extent do we have true separation of powers in Australia?
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 15, 2014, 04:42:42 pm
How do we evaluate the effectiveness of methods used to influence legislative change. (In particular, the extent to which other methods are more or less effective)
I know it was kind of answered in previous posts but yeah.
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 16, 2014, 12:00:20 pm
Hi, can anyone help me with this?

"To what extent do we have true separation of powers in Australia?

You have a look at both sides, separated with a 'however.' You give examples of how Australia does have a true separation of powers ... however ... there is an overlap between executive and legislative despite the constitution detailing that the powers must be separate etc.

For the core of my work on that mark I got 3 out of 4 because I didn't use some key word when explaining one of them.
Title: Re: VCE Legal Studies Question Thread
Post by: mad_maxine on February 16, 2014, 12:27:39 pm
You have a look at both sides, separated with a 'however.' You give examples of how Australia does have a true separation of powers ... however ... there is an overlap between executive and legislative despite the constitution detailing that the powers must be separate etc.

For the core of my work on that mark I got 3 out of 4 because I didn't use some key word when explaining one of them.

Yes, but also add that it doesn't completely overlap as the judiciary remains completely independent of the other two arms of power. Thus, this independence ensures that the abuse of power is less likely. Something to that effect, it's been a while since I've done legal  8)
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 16, 2014, 12:33:58 pm
Yes, but also add that it doesn't completely overlap as the judiciary remains completely independent of the other two arms of power. Thus, this independence ensures that the abuse of power is less likely. Something to that effect, it's been a while since I've done legal  8)
However, the Executive overlaps into the Judiciary as the Governor General appoints Judges to the courts, and the Judiciary can deem law inavlid if it is contrary to the constitution or did not follow proper procedures, so in reality all of the arms overlap in one way or another.
Title: Re: VCE Legal Studies Question Thread
Post by: mad_maxine on February 16, 2014, 12:55:15 pm
the Judiciary can deem law inavlid if it is contrary to the constitution or did not follow proper procedures, so in reality all of the arms overlap in one way or another.

I wouldn't exactly call that an overlap though. Technically the courts place checks and balances on the legislature to ensure that they do not surpass their constitutional powers or legislate ultra vires, out of their jurisdiction. And even then, that's only when the legislation is challenged in the high court if memory serves me correctly. It is still referred to in all texts as being separate and independent of the executive and legislative arms.

Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 16, 2014, 01:02:16 pm
I thought mentioning that judiciary is completely independent was just a given when I said two of them overlap. You guys have knowledge that surpasses the VCE course but there in the VCE sense, there is only the overlap between the two and judiciary is completely separate.
Title: Re: VCE Legal Studies Question Thread
Post by: mad_maxine on February 16, 2014, 01:13:36 pm
I thought mentioning that judiciary is completely independent was just a given when I said two of them overlap. You guys have knowledge that surpasses the VCE course but there in the VCE sense, there is only the overlap between the two and judiciary is completely separate.

It's still within the course, but it's something you'll know once you finish the whole course, where you have to put both units three and four together. When you do the constitution it'll make a lot more sense, trust me!!
It's not a given unless you write it. If you don't write it, examiners won't just assume you know that, or that's what you meant to say. It's only a few more words and guaranteed to get you the full marks. Be succinct, but thorough and cover all bases  :D
Title: Re: VCE Legal Studies Question Thread
Post by: HawthornM8 on February 16, 2014, 01:35:13 pm
It's still within the course, but it's something you'll know once you finish the whole course, where you have to put both units three and four together. When you do the constitution it'll make a lot more sense, trust me!!
It's not a given unless you write it. If you don't write it, examiners won't just assume you know that, or that's what you meant to say. It's only a few more words and guaranteed to get you the full marks. Be succinct, but thorough and cover all bases  :D

Haha, yeah I know - I meant when I was writing it in here I thought it was a given, I write soooo verbosely on my SACS to ensure full marks. When I say that though, I wrote (first SAC a few weeks ago) as much as I can on any given topic on my SAC and came up short on almost every answer by a few lines and was so worried that I went over all of them, summarising what I already wrote to put some more length to it and it all ended up convoluted. After I did that SAC I was like WTF how do you get marks and how are you supposed to write answers? A few other people were in the same situation for that first SAC, although they were all confident they did really well (100%) whilst I was almost sure I'd be scraping 70% if I were lucky with the length I wrote. I ended up with 90% and the cohort average (and this is a top 50 school) was something like 60%.

Would you be able to offer any advice mate? Also, how did you learn? It seems like in Legal you can't exactly make notes with definitions, but instead a whole lot of crap you have to dot-point under each heading and somehow remember. At this current point in time, I'm procrastinating for my Psychology SAC study and am downloading YouTube videos into .mp3 to put onto my phone and listen to whenever. Wouldn't be all that great for definitions I wouldn't think but it would give me a solid grounding for those aforementioned 'dot points.' I really want a high score in Legal because you can as long as you put in the effort but I'm finding answering questions difficult, especially when you lose marks (like I did) for not putting in phrases or expressions in your reasoning or definitions - I can't remember what I didn't write because I thought it was a bit silly (whilst happy with my result), but although I wrote this one it was something like not writing 'chain of accountability' in your explanation whilst talking about responsible government.

This is like my answers - convoluted (although not this long!) XD
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 16, 2014, 01:55:44 pm
Which method used to influence legislative change  by groups and individuals is the most effective?

It's a question and says to justify my response, but don't they all have pros and cons? Which is the most effective?
Title: Re: VCE Legal Studies Question Thread
Post by: mad_maxine on February 16, 2014, 02:19:40 pm
Haha, yeah I know - I meant when I was writing it in here I thought it was a given, I write soooo verbosely on my SACS to ensure full marks. When I say that though, I wrote (first SAC a few weeks ago) as much as I can on any given topic on my SAC and came up short on almost every answer by a few lines and was so worried that I went over all of them, summarising what I already wrote to put some more length to it and it all ended up convoluted. After I did that SAC I was like WTF how do you get marks and how are you supposed to write answers? A few other people were in the same situation for that first SAC, although they were all confident they did really well (100%) whilst I was almost sure I'd be scraping 70% if I were lucky with the length I wrote. I ended up with 90% and the cohort average (and this is a top 50 school) was something like 60%.

Would you be able to offer any advice mate? Also, how did you learn? It seems like in Legal you can't exactly make notes with definitions, but instead a whole lot of crap you have to dot-point under each heading and somehow remember. At this current point in time, I'm procrastinating for my Psychology SAC study and am downloading YouTube videos into .mp3 to put onto my phone and listen to whenever. Wouldn't be all that great for definitions I wouldn't think but it would give me a solid grounding for those aforementioned 'dot points.' I really want a high score in Legal because you can as long as you put in the effort but I'm finding answering questions difficult, especially when you lose marks (like I did) for not putting in phrases or expressions in your reasoning or definitions - I can't remember what I didn't write because I thought it was a bit silly (whilst happy with my result), but although I wrote this one it was something like not writing 'chain of accountability' in your explanation whilst talking about responsible government.

This is like my answers - convoluted (although not this long!) XD

I'll try to help as much as I can, not that great at explaining tho!!
- went into my 1st sac feeling unprepared, like I was gonna fail. I waffled, I made junk up, I thought I left things out. so imagine my surprise when i got 100%!! lesson: go with your instincts.

- take it one sac at a time. i felt like i was going to flunk each sac right before i did it. and ended up full marking each and every sac. lesson: if you start strong, you'll finish strong.

- ppl i knew that were overconfident, one person in particular, did badly in those sacs and in the exam. its good to be confident in your abilities, but not so much that it gives you a false sense of security. its the last thing you want, really. you have a great attitude, just maintain it throughout the year!  :)

- with notes, just organise them under the study design dot points. your notes will not be small little dot points. they will be slabs of paragraphs and essays, unless you summarise that info. incorporate your definitions into them, so writing them become second nature. perfect your definitions.

- i didnt have q cards, podcasts, or videos. i was a very inactive learner. i just rote learned all content and did questions. with your methods of learning, thats a whole heap more than i did, youve got that bit pretty much covered i reckon. do what works for you.

- dw bout it, writing legal answers is something you will get used to. it doesnt ever come naturally, but with a ton of practice, you can perfect the art :)

- again, definitions are everything. you may need to define something, and then explain it or use examples or analyse or evaluate it.

i wrote some other stuff but my laptop died and i had to completely re-write this whole post  >:( Frustration.

and 90% is a great mark for legal!! and dw, my legal answers were convoluted, and a LOT longer than your post  ;) ;)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 16, 2014, 04:10:28 pm
I thought mentioning that judiciary is completely independent was just a given when I said two of them overlap. You guys have knowledge that surpasses the VCE course but there in the VCE sense, there is only the overlap between the two and judiciary is completely separate.
I think the confusion you are having is this:  The Judiciary is kept as independent as possible but as far as the separation of powers, it is not completely isolated (there is overlap).
 The judiciary is apolitical, will not be influenced by the other two branch in its decisions but it still acts as a "check" on the executive and the legislative so the judiciary is not entirely separate.

Also, the judiciary can, in practice, influence parliament's law-making (something you learn later in Unit 3). They can pass a judgment and parliament can be persuaded to change the law for a variety of reasons or they can interpret an act broadly or narrowly (literally or purposively) and force parliament to change the wording of an Act.

A true separation of powers would mean something along the lines of each branch not able to influence the operation of another. But as you know, the courts can declare legislation invalid; the Attorney-General appoints/approves, under advice from CJ, all judges. So the courts do have some overlap with the executive/legislative.

You're right though, you don't need to get too confused about the separation of powers  in the VCE sense..

Which method used to influence legislative change  by groups and individuals is the most effective?

It's a question and says to justify my response, but don't they all have pros and cons? Which is the most effective?
Yes you're right, all methods have pros and cons. This is why you will have to argue why in your opinion one method is the most effective. The question asks for your opinion. Therefore, there is no one right answer. Any argument on the most effective method which involves justification will be correct.

Haha, yeah I know - I meant when I was writing it in here I thought it was a given, I write soooo verbosely on my SACS to ensure full marks. When I say that though, I wrote (first SAC a few weeks ago) as much as I can on any given topic on my SAC and came up short on almost every answer by a few lines and was so worried that I went over all of them, summarising what I already wrote to put some more length to it and it all ended up convoluted. After I did that SAC I was like WTF how do you get marks and how are you supposed to write answers? A few other people were in the same situation for that first SAC, although they were all confident they did really well (100%) whilst I was almost sure I'd be scraping 70% if I were lucky with the length I wrote. I ended up with 90% and the cohort average (and this is a top 50 school) was something like 60%.

Would you be able to offer any advice mate? Also, how did you learn? It seems like in Legal you can't exactly make notes with definitions, but instead a whole lot of crap you have to dot-point under each heading and somehow remember. At this current point in time, I'm procrastinating for my Psychology SAC study and am downloading YouTube videos into .mp3 to put onto my phone and listen to whenever. Wouldn't be all that great for definitions I wouldn't think but it would give me a solid grounding for those aforementioned 'dot points.' I really want a high score in Legal because you can as long as you put in the effort but I'm finding answering questions difficult, especially when you lose marks (like I did) for not putting in phrases or expressions in your reasoning or definitions - I can't remember what I didn't write because I thought it was a bit silly (whilst happy with my result), but although I wrote this one it was something like not writing 'chain of accountability' in your explanation whilst talking about responsible government.

This is like my answers - convoluted (although not this long!) XD

Yeah the annoying thing about Legal is the task-words and the little things like actually responding to the stimulus material. It all comes with practice.

This is why a lot of people say you can work hard to get a 40 in Legal and anything higher than that is mostly just chance.

But it's early days.. you should learn the course (don't fall behind w/ your class). Most classes finish the course by October so you will have plenty of time to practice.

But for SACs: try not to go off tangent. Only write what you think will get you the marks. And listen to what your  teacher tells you (some teachers have preferences in writing styles).
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 19, 2014, 02:08:21 pm
I'm having some problems with the follow questions, and would like a few pointers to get me on the right track if possible!
- Critically analyse three factors that may hinder the ability of parliament to change the law?
- What factors limit the capacity of parliaments to change the law?

I feel like they are really similar questions, anyways, any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: 007 on February 23, 2014, 04:32:18 pm
Can someone please help me out here with marking my answer to this question. I've written everything that my school has provided in the notes to-do with the role of the VLRC but I'm coming up so short against the suggested lines, and the answer is similar just more content.

Describe the role and function of the VLRC in assessing the need for change in the law, such as this one. (4 marks).

The role of the Victorian Law Reform Commission is to research and make recommendations on the law on matters referred to it by State (Vic.) Parliament. The VLRC will engage in community-wide consultation and debate on the issue, and will consult with experts in the field of review. The recommendations will be presented in a final report to the attorney-general which will be tabled in state parliament. As to whether the recommendations of the VLRC are accepted is entirely up to parliament.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 23, 2014, 04:46:21 pm
Can someone please help me out here with marking my answer to this question. I've written everything that my school has provided in the notes to-do with the role of the VLRC but I'm coming up so short against the suggested lines, and the answer is similar just more content.

Describe the role and function of the VLRC in assessing the need for change in the law, such as this one. (4 marks).

The role of the Victorian Law Reform Commission is to research and make recommendations on the law on matters referred to it by State (Vic.) Parliament. The VLRC will engage in community-wide consultation and debate on the issue, and will consult with experts in the field of review. The recommendations will be presented in a final report to the attorney-general which will be tabled in state parliament. As to whether the recommendations of the VLRC are accepted is entirely up to parliament.

As well as this, you could also add something along the lines of "Aswell as direct recommendations from the Attorney General, the Commission can examine, report and make recommendations to the Attorney General on any matter that the Commission considers raises relatively minor legal issues that are of general community concern if the Commission is satisfied that the examination of that matter will not require a significant deployment of the resources available to the Commission”
This is found in Section(1)(B) of the VLRC Act 2000, in plain 'simpler' terms, the Commission staff can undertake there own 'minor' research into areas without a referral.
Title: Re: VCE Legal Studies Question Thread
Post by: 007 on February 23, 2014, 04:58:03 pm
As well as this, you could also add something along the lines of "Aswell as direct recommendations from the Attorney General, the Commission can examine, report and make recommendations to the Attorney General on any matter that the Commission considers raises relatively minor legal issues that are of general community concern if the Commission is satisfied that the examination of that matter will not require a significant deployment of the resources available to the Commission”
This is found in Section(1)(B) of the VLRC Act 2000, in plain 'simpler' terms, the Commission staff can undertake there own 'minor' research into areas without a referral.

Cheers mate. I saw this off a video but wasn't sure if it were necessary. All these were in my personal notes but they weren't in the sample answer, nor class notes.

1.11.2   Make Law Reform Recommendations on Matters referred to it by the Attorney-General
o   Conducting Research
o   Consulting with the community
o   Reporting on law reform projects
1.11.3   Make Recommendations on Minor Legal Issues of General Community Concern
o   i.e. Matters not referred by the Attorney General
1.11.4   Suggest to the Attorney-General that they refer a Law Reform Issue to the Commission
o   Generally after consultation with various groups
1.11.5   Educate the Community on Areas of Law Relevant to the Commission’s Work
o   Work with groups to ensure the change is successful
o   Provides information to the public on what the law is
1.11.6   Monitor and Coordinate Law Reform Activity in Victoria
o   Works with other law reform bodies to ensure effective law reform in Victoria
o   e.g. Sentencing Advisory Council
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 23, 2014, 05:40:46 pm
Cheers mate. I saw this off a video but wasn't sure if it were necessary. All these were in my personal notes but they weren't in the sample answer, nor class notes.

1.11.2   Make Law Reform Recommendations on Matters referred to it by the Attorney-General
o   Conducting Research
o   Consulting with the community
o   Reporting on law reform projects
1.11.3   Make Recommendations on Minor Legal Issues of General Community Concern
o   i.e. Matters not referred by the Attorney General
1.11.4   Suggest to the Attorney-General that they refer a Law Reform Issue to the Commission
o   Generally after consultation with various groups
1.11.5   Educate the Community on Areas of Law Relevant to the Commission’s Work
o   Work with groups to ensure the change is successful
o   Provides information to the public on what the law is
1.11.6   Monitor and Coordinate Law Reform Activity in Victoria
o   Works with other law reform bodies to ensure effective law reform in Victoria
o   e.g. Sentencing Advisory Council

Yeah, well what my teacher said to make sure to note in a 'role of the VLRC' type question, is what you basically just said, however mention where it inherits is functions from (act wise), so something like this -
The VLRC is an independent, government funded origination and its functions are defined in the VLRC Act 2000, as the following:
(A) – To examine, report and making recommendations on law reform in Victoria, as referred to the Commission by the Attorney-General.
(B) – To examine, report and make recommendations to the Attorney-General on minor legal issues that are of general community concern
(C) – To suggest to the Attorney-General that a matter relating to law reform in Victoria be referred to the Commission.
(D) – To monitor and co-ordinate law reform activity in Victoria.
(E) – To undertake educational programs on our references.


But i like the additions of your answer as well, but the main thing according to my teacher is stating where gets the roles from the VLRC Act 2000.
Title: Re: VCE Legal Studies Question Thread
Post by: 007 on February 23, 2014, 06:05:17 pm
But i like the additions of your answer as well, but the main thing according to my teacher is stating where gets the roles from the VLRC Act 2000.
That makes a lot of sense. Although I doubt I'd be able to remember all those dot points, it would be great to supplement the answer with where it inherits its functions from, which would make it a solid answer.
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 25, 2014, 10:07:36 am
I'm enjoying legal, I'm just having trouble remembering everything.
Does anyone have any tips??
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 26, 2014, 08:03:17 pm
What is a disadvantage of Responsible Government?
I'm finding it hard to identify a strong disadvantage for responsible government, any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on February 26, 2014, 08:14:37 pm
What is a disadvantage of Responsible Government?
I'm finding it hard to identify a strong disadvantage for responsible government, any help would be appreciated!
... There isn't any disadvantage that I can think of. Why do you need to know the answer to this? Pretty sure evaluating representative and responsible govt is not part of the Study design.

However, responsible government does not, in practice, occur in Australia at all times. This means the government has to be selective in its policies - ie. appealing to the majority only, and sometimes neglecting minority views.

It can also force the government to divulge sensitive information? (ie. to reveal their policies to appear accountable) OR be forced to act according to the whims of its political party and the people, rather than something in according to their conscience. (sort of linked in with representative govt).

Eg. If a government is elected with the promise not to legalise euthanasia/gay-marriage etc. and it decided, despite public backlash and parliament disapproval, to implement it, the government can be seen to be in contempt of responsible government (to be accountable to the people); it can be forced to resign (best example currently Abbott's threat of double dissolution due to Carbon Tax and allegations of Labor not being accountable to the electorate).
Sorry for the long, windy answer..
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on February 26, 2014, 08:31:03 pm
When it says to describe the key features of the Australian parliamentary system, if it referring to the principles; rep. gov. responsible gov. and separation of powers..?
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on February 26, 2014, 08:36:08 pm
When it says to describe the key features of the Australian parliamentary system, if it referring to the principles; rep. gov. responsible gov. and separation of powers..?
Thanks
Thanks for the answer Zezima, the gay marriage 'example' i will try to use as a disadvantage if the question does pop up.

Anyways, yes, when it says to describe the Key features of the Australian Parliamentary System, it is referring to Responsible and Representative government aswell as SoP.
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on February 26, 2014, 09:18:23 pm
What is a disadvantage of Responsible Government?
I'm finding it hard to identify a strong disadvantage for responsible government, any help would be appreciated!

A responsible government means that the party and therefore parliament is is held accountable to voters. If there are strong conflicting views in society, there may not be a clear majority opinion. This could make government reluctant to pass legislation in this area so as not to lose voters, thus delaying or preventing a change in the law. (Add example about the endless debate on public marriage)
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on March 02, 2014, 06:15:38 pm
Making and Breaking the Law sample exam question:
Explain the role and function of the Victorian Law Reform Commission. Is the VLRC effective in influencing a change in the law?

1. It says 8 marks, but is this really an 8 mark type question?
2. I don't know about the second part of the question, could someone help?
Title: Re: VCE Legal Studies Question Thread
Post by: mad_maxine on March 02, 2014, 06:35:25 pm
Making and Breaking the Law sample exam question:
Explain the role and function of the Victorian Law Reform Commission. Is the VLRC effective in influencing a change in the law?

1. It says 8 marks, but is this really an 8 mark type question?
2. I don't know about the second part of the question, could someone help?

Knowing the effectiveness of the VLRC is no longer in the study design, this only applies to petitions, demonstrations and the use of the media specifically (or any other methods you choose to study in addition to these).
The part about the role and function would not be an 8 marker, more like a 4, maximum 6 marker but shouldn't be any more.
Although you may wish to use an example e.g. Surveillance or abortion law reform to lengthen your answer and get the maximum marks for the question if it is indeed an 8 marker.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 02, 2014, 11:53:33 pm
The effectiveness of the VLRC was never in the SD. Keep in mind, though, that evaluating is one of the Key Skills, and so can in theory be applied to anything - eg, the 7-marker in 2012.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on March 03, 2014, 07:19:26 pm
Is anyone able to provide an example of a Petition within Australia that has been logged? Preferably one that is relatively easy to remember, however any would be greatly appreciated, thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: mad_maxine on March 03, 2014, 07:26:50 pm
Is anyone able to provide an example of a Petition within Australia that has been logged? Preferably one that is relatively easy to remember, however any would be greatly appreciated, thanks!

In theory, all petitions, providing they meet the proper guidelines, would be logged...
For an example (you could mention any petition) you could say the abortion law reform in 2008, while being debated in vic parl, gained many petitions from pro life organizations and the general public, highlighting their concern regarding the issue. Your textbook probs has a better and more detailed one though, I'd consult that first.
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on March 20, 2014, 09:55:19 pm
Analyse the method of changing the wording in the Constitution. In your analysis, discuss at least 3 strengths and 3 weaknesses of of the process.

I've never done an analyse question before (only identify, explain, discuss, evaluate), so I'm not sure how to approach this?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on March 20, 2014, 10:14:38 pm
Analyse the method of changing the wording in the Constitution. In your analysis, discuss at least 3 strengths and 3 weaknesses of of the process.

I've never done an analyse question before (only identify, explain, discuss, evaluate), so I'm not sure how to approach this?
Haha yeah analysis questions... I was in the same position as you lAst year EXCEPT the first time I ever saw an "analyse" question was on the actual legal exam last year so I was really screwed..

Basically, "analyse" wants you to use relevant statistics/examples to support your opinion of whether you think methods of changing the Constitution is good or bad.

You're not expected to be an expert analyst on the topic so you can think of "analyse" questions as an "evaluate" question with perhaps a slight emphasis on relevant examples and statistics (Eg throw In relevant stats such as only 44 ref proposals have occurred; 8 successful, all changed div of power in favour of states etc) to support your point.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 20, 2014, 10:39:20 pm
Analyse the method of changing the wording in the Constitution. In your analysis, discuss at least 3 strengths and 3 weaknesses of of the process.

I've never done an analyse question before (only identify, explain, discuss, evaluate), so I'm not sure how to approach this?

'Analyse' just means exactly the same thing as 'evaluate': opinion, and reasons (S&W) on both sides. Don't sweat it.
Title: Re: VCE Legal Studies Question Thread
Post by: clidedescope on March 23, 2014, 12:44:15 pm
Hey guys, I have a SAC soon and I'm a bit concerned because I'm getting different messages, and I just wanted to know if somebody could clarify for me?
When a constitutional alteration bill is being passed by the two houses of parliament, I know it can either have an absolute majority in both houses, or in one house twice. But I'm unsure of the time period. One of my resources is telling me you have the pass the bill in the first house twice within three months, and the other says you have to wait three months after the first time before you can try to pass it again. Does anybody know which is correct?
Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 23, 2014, 01:04:37 pm
Hey guys, I have a SAC soon and I'm a bit concerned because I'm getting different messages, and I just wanted to know if somebody could clarify for me?
When a constitutional alteration bill is being passed by the two houses of parliament, I know it can either have an absolute majority in both houses, or in one house twice. But I'm unsure of the time period. One of my resources is telling me you have the pass the bill in the first house twice within three months, and the other says you have to wait three months after the first time before you can try to pass it again. Does anybody know which is correct?
Thanks :)

Here is what the constitution says on the matter:
Quote
if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority
Source: http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=630FA7763BE64933B172A7D7E1615ADA&_z=z

The book that says there has to be at least a three month wait is correct. Out of interest which is the book that got it wrong?
Title: Re: VCE Legal Studies Question Thread
Post by: clidedescope on March 23, 2014, 01:24:50 pm
Here is what the constitution says on the matter: Source: http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=630FA7763BE64933B172A7D7E1615ADA&_z=z

The book that says there has to be at least a three month wait is correct. Out of interest which is the book that got it wrong?

Ah, thank you so much, that's a big help :)
Interestingly enough, I got two different answers from the same book, Justice and Outcomes. Page 127 said after three months, but then a flow chart on the next page it said within three months. My TSFX notes said after, and my A+ Notes book (written by the same person who wrote Justice and Outcomes, I believe) said within, though my copy of it is an older edition, so there's that. I was tad worried. My teacher just makes us take notes from the textbook, so I didn't know which answer she'd mark as correct.
Thanks again!
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on March 26, 2014, 09:42:15 pm
Sorry guys, but I'm still really confused as to how to analyse.

This question comes from the 2013 exam:
Question 12 (8 marks)
Using one successful referendum and one High Court case, analyse the impact of referendums and the High
Court’s interpretation of the Commonwealth Constitution on the division of law-making powers.


So what I'm getting from people I ask and the examiner's report kind of, is than analysing is more like stepping back and looking at the thing as a whole, and when you write it, it's more like an essay. So not just straightforward strengths and weaknesses, but bringing in stats and examples to show the impacts and what can/has happened. So basically just looking at heaps of aspects of the 'thing' that relate to the way the question is asked?

The reason I'm asking is that I kind of approached it like an evaluate but my teacher said I'm doing it wrong. Now I think I have an idea, so I'm putting it to you guys :)

Thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: Summers on March 29, 2014, 11:10:39 pm
Sorry guys, but I'm still really confused as to how to analyse.

This question comes from the 2013 exam:
Question 12 (8 marks)
Using one successful referendum and one High Court case, analyse the impact of referendums and the High
Court’s interpretation of the Commonwealth Constitution on the division of law-making powers.

I don't really have much knowledge on the subject as of yet, as I'll be learning it all on Sunday as my SAC is on Monday. However ..

This is essentially an evaluate question. Analyse is basically the paradigm of evaluate.
Firstly (or lastly), you decide whether a referendum or a HC interpretation has more of an alteration on the division of powers. This is completely up to you and you just have to back it up.

Then you just explain what a referendum is, link it to the case such as the 1967 successful aboriginal referendum and explain the shift in power. You then outline the strengths and weaknesses of a referendum and relate it to your contention of which is better at altering the division of powers. Vice versa pretty much.

Then you can basically recap it after explaining it all in one sentence being like 'Whilst referendums can alter the division of powers, it has only occurred 4 times and thus is infrequent, whilst a high court interpretation is more frequent, and can thus alter the division of powers successfully more often.
Title: Re: VCE Legal Studies Question Thread
Post by: Summers on March 30, 2014, 12:51:05 pm
Can someone please tell me if I'm answering this question right? I'll only do the first half, thus 3 marks.

Using two cases that you have studied this year, describe the impact of High Court decisions on the law-making powers of the Commonwealth and State Parliaments. (6 marks)

One high court case that has seen a shift in the division of powers is the Franklin Dam Case. The issue was whether Commonwealth Parliament could use their power of external affairs to legislate in areas of residual powers, which are the areas of law which primarily only the states can legislate in. Section 51 of the constitution outlines that Commonwealth Parliament have the power to legislate in the area of External Affairs. The Tasmanian Government wanted to log and dam the Franklin River, but Commonwealth used their External Affairs to stop the Tasmanian Government from log and damming the area by listing the site as World Heritage. The High Court ruled in favour of the Commonwealth Parliament, stating that Commonwealth can legislate in areas of residual powers if it falls under International Treaty. As a result, the state saw a decrease in their residual powers and the Commonwealth saw an increase in their specific (concurrent) powers.

Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 30, 2014, 01:03:13 pm
Can someone please tell me if I'm answering this question right? I'll only do the first half, thus 3 marks.

Using two cases that you have studied this year, describe the impact of High Court decisions on the law-making powers of the Commonwealth and State Parliaments. (6 marks)

One high court case that has seen a shift in the division of powers is the Franklin Dam Case. The issue was whether Commonwealth Parliament could use their power of external affairs to legislate in areas of residual powers, which are the areas of law which primarily only the states can legislate in. Section 51 of the constitution outlines that Commonwealth Parliament have the power to legislate in the area of External Affairs. The Tasmanian Government wanted to log and dam the Franklin River, but Commonwealth used their External Affairs to stop the Tasmanian Government from log and damming the area by listing the site as World Heritage. The High Court ruled in favour of the Commonwealth Parliament, stating that Commonwealth can legislate in areas of residual powers if it falls under International Treaty. As a result, the state saw a decrease in their residual powers and the Commonwealth saw an increase in their specific (concurrent) powers.

That's a good answer, however it does sound a little convoluted, I think you would do better to explain the case in chronological order so it's easier to the marker to follow. That is, explain what Tasmania wanted to do, there were protests, commonwealth introduced legislation stopping etc. etc. That way it just looks better.

Also perhaps explain what residual powers are a bit more comprehensibly, to support your answer. That is, residual powers are any power, not explicitly given to the Commonwealth parliament as either a concurrent or exclusive power in the Australian constitution and thus are powers remaining with the states to legislate in as their own constitutions allow. That definition just sort of explains the constitutional implications a little bit more.

Also the last sentence could use with a bit more specific information. That is "the commonwealth parliament enjoyed an increase in power as per this high court interoperation, as following the decision the commonwealth was able to legislate in areas of, what previously was residual power, provided the area impacted on one of the Commonwealth's international treaties, thus this also means states residual powers were constrained by this high court interpretation as they are now subject to the Commonwealth parliament enforcing its international treaties.
Title: Re: VCE Legal Studies Question Thread
Post by: Summers on March 30, 2014, 01:53:10 pm
Thanks. Here is part two to that answer. I'm not too worried about my answers being convoluted as I am able to write abnormally quickly during a SAC, but I am just wondering if I tick all the boxes for 3 marks? A lot of my answer I seem to be retelling facts of the case, but I'm not sure how I can string out 3 marks talking about the impact.

A second High Court case that had an impact on the division of powers was the Brislan case. The Brislan case required the High Court to interpret one of the areas of specific powers related to 'postal, telegraphic.... and other like services' as Commonwealth Parliament introduced a piece of legislation that required people who owned radios to hold a license, with Brislan arguing that broadcasting to a set is not a service as Section 51 had intended. The High Court decided in favour of the Commonwealth, interpreting 'other like services' to include 'broadcasting to a wireless set,' therefore extending the powers of Commonwealth. The impact of the High Court decision confirmed Commonwealth Parliament's power in making law in this area, and shifted the division of powers, as this area was once a residual power that only States had to power to legislate over but after the High Court's interpretation of the case it became a concurrent power, increasing Commonwealth powers and reducing State's power.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 30, 2014, 02:06:00 pm
Thanks. Here is part two to that answer. I'm not too worried about my answers being convoluted as I am able to write abnormally quickly during a SAC, but I am just wondering if I tick all the boxes for 3 marks? A lot of my answer I seem to be retelling facts of the case, but I'm not sure how I can string out 3 marks talking about the impact.

A second High Court case that had an impact on the division of powers was the Brislan case. The Brislan case required the High Court to interpret one of the areas of specific powers related to 'postal, telegraphic.... and other like services' as Commonwealth Parliament introduced a piece of legislation that required people who owned radios to hold a license, with Brislan arguing that broadcasting to a set is not a service as Section 51 had intended. The High Court decided in favour of the Commonwealth, interpreting 'other like services' to include 'broadcasting to a wireless set,' therefore extending the powers of Commonwealth. The impact of the High Court decision confirmed Commonwealth Parliament's power in making law in this area, and shifted the division of powers, as this area was once a residual power that only States had to power to legislate over but after the High Court's interpretation of the case it became a concurrent power, increasing Commonwealth powers and reducing State's power.

You didn't really explain the facts of the case fully here. Remember to explain that Brislan was charged with a criminal offence for using a wireless under a commonwealth act requiring users of a wireless to have a licence, of which they were convicted. Brislan challenged the validity of the commonwealth criminal code on the basis that the commonwealth didn't have the power to legislate over wireless's as wireless's was not a power given to the commonwealth by the consittion, meaning it was a residual power left with the states, thus the criminal code under which they were convicted was ultre virus, essentially meaning it was unconstitutional.


The true impact of the case from what I understand is in the Justice's comments on the case where the say the main characteristic of the items mentioned in the constitution are that they're "communication" technologies, thus if any other new communication technology emerged in the future, it would likely be covered by the "other like services" wording.

I think the general marking scheme for this type of question would be. 1 mark for explaining background of case, 1 mark for explaining outcome of case, 1 mark for linking back to how it altered division of powers.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on March 30, 2014, 02:13:23 pm
I actually don't agree, but I stand to be corrected.

If you read the assessor comments on similar questions, they stress all the time that they don't care if you know every single fact, background, outcome of the case.. The thing they are looking for is the impact on the division of power, not the facts of the case. Sure, by all means have an introduction on the facts of the case, the ratio decidendi of the outcome, but they don't want your whole answer chronologically stating what the court found with a one sentence impact statement on the div of power at the end.

A 6 marker would be marked holistically but I think a maximum of 2 marks (3 if they are generous) would be given for facts of case. The rest would be an analysis on how the powers changed because of the interpretation. You could possibly add in a few strengths and weaknesses of the whole process (eg. Courts being apolitical, objective etc).


Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 30, 2014, 02:31:42 pm
I actually don't agree, but I stand to be corrected.

If you read the assessor comments on similar questions, they stress all the time that they don't care if you know every single fact, background, outcome of the case.. The thing they are looking for is the impact on the division of power, not the facts of the case. Sure, by all means have an introduction on the facts of the case, the ratio decidendi of the outcome, but they don't want your whole answer chronologically stating what the court found with a one sentence impact statement on the div of power at the end.

A 6 marker would be marked holistically but I think a maximum of 2 marks (3 if they are generous) would be given for facts of case. The rest would be an analysis on how the powers changed because of the interpretation. You could possibly add in a few strengths and weaknesses of the whole process (eg. Courts being apolitical, objective etc).

Actuallly, after reading the assessor's reports in more detail you seem to be correct. It's probably 1 mark for facts of the case, and 2 for explaining the impact after looking into it more.
Title: Re: VCE Legal Studies Question Thread
Post by: Summers on March 30, 2014, 03:20:23 pm
1.   The Australian Constitution protects our rights by various means. Describe ‘structural protections’ and outline an example. (4 marks)
(Sorry for no structuring! Please tell me what I'd get out of 4. This question was given in class and the answers said you had to talk about Sections 7+24 and link it to representative government + how they must be voted in by the people, but I'd rather write all this than remember all the sections).

Structural protections are the mechanisms set up throughout the constitution that indirectly provides protections for human rights when dealing with Commonwealth Parliament. There are three clear examples of structural rights. One right refers to representative government, which means that the current government occupying parliament must be elected by the electorate or voters and that it must reflect the views and values of a majority, or it can be voted out of office or be forced to resign. A second right is representative government, which means that government is accountable to parliament, and are therefore accountable to the people. Ministers have a ‘chain of accountability’ and must answer questions during question timing about their government department, otherwise they can be forced to resign. A third right is the seperation of powers which ensures the judiciary, executive and legislative powers are held by separate bodies to ensure that no one body has an extreme rule over our legal system. In other words, structural protections ensure the government does not become too powerful.



Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 30, 2014, 11:14:26 pm
Do you see this stimulus?
This is a discriminating factor. If you don't list the other two means of protection (implied and explicit rights) you lose one mark.

The stimulus isn't important - the question only asks for structural protections, so no marks are allocated for the others. You only need to address the stimulus if the question refers to it in some way.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 30, 2014, 11:22:01 pm
1.   The Australian Constitution protects our rights by various means. Describe ‘structural protections’ and outline an example. (4 marks)
(Sorry for no structuring! Please tell me what I'd get out of 4. This question was given in class and the answers said you had to talk about Sections 7+24 and link it to representative government + how they must be voted in by the people, but I'd rather write all this than remember all the sections).

Structural protections are the mechanisms set up throughout the constitution that indirectly provides protections for human rights when dealing with Commonwealth Parliament. There are three clear examples of structural rights. One right refers to representative government, which means that the current government occupying parliament must be elected by the electorate or voters and that it must reflect the views and values of a majority, or it can be voted out of office or be forced to resign. A second right is representative government, which means that government is accountable to parliament, and are therefore accountable to the people. Ministers have a ‘chain of accountability’ and must answer questions during question timing about their government department, otherwise they can be forced to resign. A third right is the seperation of powers which ensures the judiciary, executive and legislative powers are held by separate bodies to ensure that no one body has an extreme rule over our legal system. In other words, structural protections ensure the government does not become too powerful.

- In your definition it would be good to specifically say they are created by principles established by the structure of the Constitution as a whole. Just as a slightly more specific phrase than "throughout".

- The task word 'describe' usually suggests a 2 mark allocation, while the task word 'outline' usually suggests a 1 mark allocation. Thus, the question is a little over-rewarded for the task words used. Even just for the 2 marks, though, you don't have enough description of structural protections - and it looks like it could be worth 3 marks here...

- The question only asks for one example, so unfortunately you gain no marks for the additional two (they don't even read them, as it's the *first* one that's marked, not the *best*). Just do one description and one example, and concentrate on pulling the complete four marks out of those.

- Just a small thing: try not to refer to SPs as 'rights', because they're indirect community protections rather than individually-vested rights. Best not to confuse them.

Basically, you just need more depth and less breadth. Right now, 2/4. But you apologised for your structure - and it's fine!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 30, 2014, 11:24:23 pm
Can someone please tell me if I'm answering this question right? I'll only do the first half, thus 3 marks.

Using two cases that you have studied this year, describe the impact of High Court decisions on the law-making powers of the Commonwealth and State Parliaments. (6 marks)

One high court case that has seen a shift in the division of powers is the Franklin Dam Case. The issue was whether Commonwealth Parliament could use their power of external affairs to legislate in areas of residual powers, which are the areas of law which primarily only the states can legislate in. Section 51 of the constitution outlines that Commonwealth Parliament have the power to legislate in the area of External Affairs. The Tasmanian Government wanted to log and dam the Franklin River, but Commonwealth used their External Affairs to stop the Tasmanian Government from log and damming the area by listing the site as World Heritage. The High Court ruled in favour of the Commonwealth Parliament, stating that Commonwealth can legislate in areas of residual powers if it falls under International Treaty. As a result, the state saw a decrease in their residual powers and the Commonwealth saw an increase in their specific (concurrent) powers.

Add an extra sentence at the end explaining *how* the powers increased/decreased and I'd give you 3/3. It's all correct, makes sense, and you've included the facts (1 mark), the legal question concerning the interpretation of external affairs (1 mark) and the impact (1 mark, but I'd love just a longer final sentence).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 30, 2014, 11:26:38 pm
The true impact of the case from what I understand is in the Justice's comments on the case where the say the main characteristic of the items mentioned in the constitution are that they're "communication" technologies, thus if any other new communication technology emerged in the future, it would likely be covered by the "other like services" wording.

Absolutely - that's the long-term, and most significant, impact. Directly as a result of the Brislan precedent, too - the states haven't even bothered challenging subsequent legislation because of it.

I think the general marking scheme for this type of question would be. 1 mark for explaining background of case, 1 mark for explaining outcome of case, 1 mark for linking back to how it altered division of powers.

100%
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on April 09, 2014, 07:07:50 pm
Hey guys just wondering if I've got my structure right and the relevant information is included. Any feedback would be appreciated! I've just done 1/2 of the question.

Discuss the significance of two High Court cases that have interpreted the Commonwealth Constitution. In your answer, indicate the impact these cases have had on the law-making powers of the State and Commonwealth Parliaments. (6 marks)

In the Franklin Dam Case, The Commonwealth attempted to stop the dam from being built in an area listed on the World Heritage List, in which Australia has signed an international treaty promising to protect heritage listed areas.
The High Court was asked to consider whether the Commonwealth could use its external affairs power (an exclusive power in section 51 (subsection 29) to interfere with a residual power of a state.
The High Court determined that the CW did have the power to intervene a residual power where it would be required that it uphold its external affairs power.
This case resulted in the Commonwealth Parliament’s law making powers to increase at the expense of the states because the Commonwealth is now able to legislate on areas of law that was previously a residual power if it were to uphold an international treaty. The Commonwealth had also used this “external affairs power” as precedent to create a variety of other laws to ‘uphold obligations under international treaties’. Hence, this changes the balance of power because under Section 109, any state law proposed that conflicts with the CW’s obligations to uphold treaties will be nullified to the extent of its inconsistency.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on April 09, 2014, 07:14:42 pm

This is the second half of the question I posted above. I'm having trouble with the facts of this case, what was the actual case that led to the High Court being asked to interpret the Constitution? Thanks

In the Roads Case (1926) ie. Financial Power, Victoria challenged the Commonwealth’s ability under S96 to make conditional or tied grants of financial assistance to the states. The Commonwealth had provided funds to the States, yet the States preferred not to spend the funds on what the CW wanted, which were building roads.
The High Court found the case in favour of the Commonwealth and that the States would be required to follow its policies to receive a grant.
This substantially altered the balance of powers in favour of the Commonwealth because they could manipulate the states to the conditions on which grants given to the states had to be used eg. Road construction. It also meant that the Commonwealth is indirectly controlling many of the states’ residual powers.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 09, 2014, 09:39:55 pm
I know the franklin dam case in a fair bit of detail so I edited your answer on some points to make the case more clear and generally reworded some of the terms to make it look better. Areas of your answer I crossed out have a strike, and areas I added are in italics. Sorry that some of your answer towards the end got deleted (I clicked backspace instead of the strike button). That isn't to say your answer was bad, it was very good, I just added some stuff so you could learn some extra facts of the case, if you didn't already know them.

I don't know the Roads case, however the one change I did make was to do with using correct terminology. Balance of powers is an AOS1 term where no party holds a majority in the senate and thus the major political parties must negotiate with minor parties to achieve a majority to pass bills into law. The word you need to use to describe the way powers are divided between states and the commonwealth in the constitution is the term "division of powers". You probably wouldn't lose a mark on incorrect use of just one term, however it is good to ensure you are using legal terminology correctly, as it can impart your knowledge to assessors of your SAC/exam paper(s) better and just in general increases the perceived standard of your work.

In the Franklin Dam Case, The Commonwealth attempted to introduced legislation which blocked a dam being built, by the Tasmanian state government, on the basis it was to damage a world heritage protected area, in which Australia the Commonwealth has signed an international treaty requiring them to protect such areas.
The Tasmanian government argued in this case that the Commonwealth did not have a right to create such legislation as they were interfering with a power that was left exclusively with the states, while the Commonweath argued that, although their legislation was to interfere with the operation of a residual power, they had a right to legislate in the area, as since the dam effected an international treaty, and hence the Commonwealth's international obligations, the Commonwealth had the right to legislate in this area under its "external affairs head of power"
The High Court determined that the CW did have the power to intervene a residual power where it would be required that it uphold its external affairs power. interpreted the words "external affairs" in the constitution to include matters covered by Australia's international treaties, thus the Commonwealth's dam blocking legislation was found to be made within the Commonwealth's constitutional parameters, hence the legislation was valid.
This case resulted in the Commonwealth Parliament’s law making powers to increase increasing at the expense of the states because the Commonwealth is now able to legislate on areas of law that was previously a residual power if it were to uphold an international treaty. The Commonwealth had also used this “external affairs power” as precedent to create a variety of other laws to ‘uphold obligations under international treaties’. The high court's new interoperation affirmed the Commonwealth's right to make laws in areas covered by it's international treaties, which are international obligations, hence considered to be "external affairs" by the High Court interpretation. Hence, this changes the balance of power distribution of powers between the State and Commonwealth Parliaments as the Commonwealth were able to legislate in areas effecting international treaties, regardless if traditionally such an area of law would be considered residual powers left with the state at time of federation, and thus under S109 of the Constitution the Commonwealth law would always prevail against State law should Commonwealth and State laws become inconsistent in areas related to Australia's international treaties.

In the Roads Case (1926) ie. Financial Power, Victoria challenged the Commonwealth’s ability under S96 to make conditional or tied grants of financial assistance to the states. The Commonwealth had provided funds to the States, yet the States preferred not to spend the funds on what the CW wanted, which were building roads.
The High Court found the case in favour of the Commonwealth and that the States would be required to follow its policies to receive a grant.
This substantially altered the balance of powers division of powers in favour of the Commonwealth because they could manipulate the states to the conditions on which grants given to the states had to be used eg. Road construction. It also meant that the Commonwealth is indirectly controlling many of the states’ residual powers.

Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on April 09, 2014, 11:05:46 pm
I know the franklin dam case in a fair bit of detail so I edited your answer on some points to make the case more clear and generally reworded some of the terms to make it look better. Areas of your answer I crossed out have a strike, and areas I added are in italics. Sorry that some of your answer towards the end got deleted (I clicked backspace instead of the strike button). That isn't to say your answer was bad, it was very good, I just added some stuff so you could learn some extra facts of the case, if you didn't already know them.

I don't know the Roads case, however the one change I did make was to do with using correct terminology. Balance of powers is an AOS1 term where no party holds a majority in the senate and thus the major political parties must negotiate with minor parties to achieve a majority to pass bills into law. The word you need to use to describe the way powers are divided between states and the commonwealth in the constitution is the term "division of powers". You probably wouldn't lose a mark on incorrect use of just one term, however it is good to ensure you are using legal terminology correctly, as it can impart your knowledge to assessors of your SAC/exam paper(s) better and just in general increases the perceived standard of your work.

Thanks for the moderation! Just another question, do you think the amount you wrote is possible given the time frame? (6 minutes)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 09, 2014, 11:11:34 pm
Thanks for the moderation! Just another question, do you think the amount you wrote is possible given the time frame? (6 minutes)

Don't you get a little more than one minute per mark? I'm a pretty fast writer so personally I could do it, not sure about you though. If you write quick it's possible. You don't have to include everything I wrote to get 3 marks though, just ensure you impart the key points. Generally, 1 mark for explaining facts of case (brief background and overview of the parties argument), 1 mark for explaining outcome (the high court interoperation), 1 mark for linking to division of powers (what the high court interoperation effectively means).
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on April 09, 2014, 11:15:36 pm
Don't you get a little more than one minute per mark? I'm a pretty fast writer so personally I could do it, not sure about you though. If you write quick it's possible. You don't have to include everything I wrote to get 3 marks though, just ensure you impart the key points. Generally, 1 mark for explaining facts of case (brief background and overview of the parties argument), 1 mark for explaining outcome (the high court interoperation), 1 mark for linking to division of powers (what the high court interoperation effectively means).

Do you think my answer would have gotten the 3 marks? I just need to change my terminology and structure to make it flow better but overall I've got the main concepts and have answered the question do you think?
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on April 10, 2014, 12:25:31 am
What's the difference between separation of powers and division of powers? I understand each concept, but they both are really similar to me and I am confused as to who exactly is involved/affected in these principles.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 10, 2014, 01:11:23 am
What's the difference between separation of powers and division of powers? I understand each concept, but they both are really similar to me and I am confused as to who exactly is involved/affected in these principles.

The Seperation of Powers is a principle of the Australian Federal system, referring to the three types of law making/enforcing powers which exist at the federal level, the legislative power (vested in parliament, the executive (vested in the crown represented by the governor-general but in practice run by the prime minister and other senior ministers), and the judicial power (the power vested in the high courts and other federal courts the parliament has established to resolve disputes and make laws through precedent).

The Division of powers, isn't really a principle of the parliamentary system but rather a concept which is a by-product of the constitution which refers to the way law-making powers i.e. jurisdiction is divided between the federal and state parliaments. Essentially the division of powers refers to the way all law making powers in Australia are assigned to each parliament.

In essence, The separation of powers refers to the way powers are divided internally between the three law making powers in the federal system (and to a lesser extent the states, as the separation of powers between the state's executive/legislative/judiciary is much less clear than those in the federal level). While the division of powers refers to the way jurisdiction is divided between the state and federal parliaments.


Seperation of powers=law making/enforcing powers divided internally between the three powers.
Division of powers=jurisdiction divided between the various parliament's in Australia.
Title: Re: VCE Legal Studies Question Thread
Post by: gs on April 16, 2014, 01:57:04 pm
Happy to answer any difficult question(s) some students may have
Title: Re: VCE Legal Studies Question Thread
Post by: Einstein on April 20, 2014, 07:41:07 pm
How do you go about remembering all the content in legal studies. Features/ads/disadv etc its overwhelming. As soon as I finish with one I forget what I just did
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 20, 2014, 07:51:45 pm
How do you go about remembering all the content in legal studies. Features/ads/disadv etc its overwhelming. As soon as I finish with one I forget what I just did

I try to highlight the text and write notes on the content before class (at least a week ahead of the class where possible, though towards the end of the term I slipped a little)

In class I handwrite notes.

After class review those notes and update my previous notes (which are on the computer) with new points or clarifications.

I find that purpose allows sufficient revision to remember everything.
Title: Re: VCE Legal Studies Question Thread
Post by: Einstein on April 20, 2014, 08:19:27 pm
I do the same but come sac time I forget the earlier work, especially advantages disadvantages etc
Title: Re: VCE Legal Studies Question Thread
Post by: Einstein on April 20, 2014, 08:19:53 pm
How many dot points do you work ahead of your class?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 20, 2014, 09:11:11 pm
How many dot points do you work ahead of your class?

Around 3-4 depending on the amount of content in each point.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 20, 2014, 09:12:39 pm
I do the same but come sac time I forget the earlier work, especially advantages disadvantages etc

Maybe try going through your notes for each AOS at least every 48-72 hours then. You should have good retention that way. If not you may have to change your study method e.g. switch to cue cards etc.
Title: Re: VCE Legal Studies Question Thread
Post by: Einstein on April 20, 2014, 10:09:49 pm
yeah i am failing that i suppose, like after class i don't revisit older topics. Do you suggest revising AOS1 every week , or maybe on the holidays again or something?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 21, 2014, 03:03:18 am
yeah i am failing that i suppose, like after class i don't revisit older topics. Do you suggest revising AOS1 every week , or maybe on the holidays again or something?

Don't go crazy with revision, it's still early in the year. But last year I found it helpful to go through everything in economics at least once a month (like just a 1-2 hour skim).
Title: Re: VCE Legal Studies Question Thread
Post by: El-Baba on May 06, 2014, 04:21:26 pm
Question which requires an answer please.

Is this statement wrong?

Nevertheless, there are five explicit individual rights in the Constitution. These are the right to vote (Section 41), protection against acquisition of property on unjust terms (Section 51 (xxxi)), the right to a trial by jury (Section 80), freedom of religion (Section 116) and prohibition of discrimination on the basis of State of residency (Section 117).
http://www.humanrights.gov.au/how-are-human-rights-protected-australian-law

I thought these were the explicit, express rights:

Right to "just terms" with the compulsory acquisition of property in section 51 (xxxi)

Right to trial by jury in section 80

Right to free interstate trade and trade in section 92

Freedom from discrimination based on one's state of residence in section 117

Freedom of religion (Section 116)

Someone please answer the question and provide clarification.
Title: Re: VCE Legal Studies Question Thread
Post by: Duyyy11 on May 06, 2014, 09:32:27 pm
Express rights: Those rights that are expressly written within the wording of the Constitution. Also called explicit rights

Everything you have said in your statement is correct (or at least it's identical to how I've learnt it and as listed in numerous references).

Wikipedia fails to acknowledge either s.92 or s.41 within the express rights section.

As far as I know he study design is only concerned about the 5 express rights you listed, but perhaps someone with more experience could explain why there is a discrepency.

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 07, 2014, 09:23:54 am
It's just a matter of trying to find legal/judicial consensus, and often the wording of judgments differs - not all judges are going to say outright, "Yes, I class this definitively as an express right!"

Section 92 is sometimes read as purely a restriction (like s114, for instance) - but since this restriction affords a layer of protection to individual people it becomes a freedom or a 'right'. That's essentially all a right is: a restriction on power that increases every individual's freedom to do/not to something.

Section 41 is not a right to vote. We don't have a right to vote. We do have a non-specific community entitlement to a representative government, called a structural protection. But s41 was included as a 'transitional' (temporary, moving from colonies to a country) provision to get the very first Cwlth Parliament elected, and has no contemporary application. In other words, it's a dead section.
Title: Re: VCE Legal Studies Question Thread
Post by: El-Baba on May 07, 2014, 06:41:58 pm
Thanks guys, bless you all
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on May 13, 2014, 05:23:09 pm
Hey guys, I'm confused as to why the Australian constitution does not imply that we have the right to vote.
Section 24 states that  "The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth". If it is "directly chosen" by the people, then shouldn't it be implied that we have the right to vote?

In addition, the principle of representative government is central to the constitution. If it is vital that we are able to choose who represents us, then it would be fair to imply that we have the right to vote.

The High Court has only established a firm standing on one implied right, which is the freedom of political communication. For representative government to function properly, we need to have the right to access political information and to engage in political debates in order to make an informed decision.

So this is where I stand at the moment

Representative government -----> implied right to vote for who represents us -----> If we had the right to vote, for it to be effective, we need access to political info (freedom of political communication)

But there is no implied right to vote
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 13, 2014, 06:58:13 pm
Hey guys, I'm confused as to why the Australian constitution does not imply that we have the right to vote.
Section 24 states that  "The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth". If it is "directly chosen" by the people, then shouldn't it be implied that we have the right to vote?

In addition, the principle of representative government is central to the constitution. If it is vital that we are able to choose who represents us, then it would be fair to imply that we have the right to vote.

The High Court has only established a firm standing on one implied right, which is the freedom of political communication. For representative government to function properly, we need to have the right to access political information and to engage in political debates in order to make an informed decision.

So this is where I stand at the moment

Representative government -----> implied right to vote for who represents us -----> If we had the right to vote, for it to be effective, we need access to political info (freedom of political communication)

But there is no implied right to vote

The limited right to vote protects groups from having their right to vote taken away for no substantial reason. However it doesn't protect an individual's right to vote in every election. Hence it's moreso a restriction on government, than a right afforded to Australian citizens.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on May 15, 2014, 11:07:56 am
The limited right to vote protects groups from having their right to vote taken away for no substantial reason. However it doesn't protect an individual's right to vote in every election. Hence it's moreso a restriction on government, than a right afforded to Australian citizens.
So it's rather a way to protect the privilege to vote rather than to give them the right to vote?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 18, 2014, 01:10:31 pm
bump.

There's no need to bump. People see your question and it stays at the top of the page here as it's a sticky.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on May 18, 2014, 01:17:54 pm
Hi, if you are asked to explain the operation of the doctrine of precedent for 4 marks, would this be good enough?

The doctrine of precedents is the process whereby courts follow the legal principles that have been developed in past cases before them, and apply those legal principles to the case in the present. Then I would talk about the latin terms stare decisis and ratio decidendi, and if time allowed it both binding/persuasive precedents.

How would you get 4 marks doing it? It seems like if you do all that it would be enough, but if you left out lets say the two types of precedents you are short a mark. :(
Ok here's two things you're missing:

You haven't made it clear that higher court decisions need to be followed by lower courts in the same hierachy, for consistency and predictability. You haven't slipped in the buzz word "Material facts" of a case... your answer says that all past decisions must be followed but that's incorrect. Only cases with similar material facts need to be followed by a lower court..

For four marks you should be talking about ratio decidendi, obiter dictum and stare decisis and you can always slip in binding precedent without explaining if you're running out of space/time.

eg. "Higher court decisions act as binding precedents (legal principles) on lower courts in the same hierachy "
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on May 18, 2014, 01:35:25 pm
Thanks - you clarified what I needed to know! So would this be a decent model answer?

The doctrine of precedent is the process whereby courts refer to the legal principles that have been developed before them and apply those legal principles to a current case, which epitomises the term 'stare decisis.' Stare decisis is the principle that underpins our legal system which essentially means 'to stand by what has already previously been decided,' which promotes consistency and predictability within the law. In order to stand by what has already been decided, the material facts of the case must be similar to the previous case in order to apply the precedent. If no applicable precedent or piece of legislation covers an area of law, the ratio decidendi which is the 'reasoning behind the decision' will form a brand new precedent and become binding on all lower courts. The ratio decidendi can also become persuasive in influencing judges and their decisions whilst not being bound to follow a precedent with the obiter dictum which refer to the 'statements made along the way in coming to the decision' which can also be persuasive but not bound.

mmmm. How would I cut that down? :-) Thanks for the answer Zeima!

AND ANOTHER QUESTION: When would you find a question to discuss the techniques to do with RODD? I really only have like 10 questions to practice with for this SAC and I'm not sure how you'd find a question with RODD, or if you integrate that with the doctrine of precedent explanation.
Ok before I give you advice, keep in mind I did Legal last year so my memory might fail me..
But I think your current answer/explanation for four marks is really good. You could be a little concise in your opening sentence. Here's how I would have started.

I think you miss two key things: the term "superior court of record" (ie. not all courts can make precedents); and the words "in the same court hierachy". But the rest of your answer is good. I mean those two things are petty, and you probably wouldn't lose a mark for it.

You could slip in RODD in there - eg. to avoid following precedents, a judge could reverse, overrule, distinguish or disapprove of a precedent. (I wouldn't proceed into explaining what each of them mean since it's only four marks).

You only need to apply RODD if the question *specifically* asks you to do so.

A question on the 2012 exam - Explain why a Supreme Court (trial division) judge does not have to follow a decision by the Court of Appeal/
Here, you would apply RODD. But no, don't bother with going into RODD in detailed form if it's a 4 marker on a doctrine of precedent question.
Title: Re: VCE Legal Studies Question Thread
Post by: hweeyi on May 18, 2014, 08:11:34 pm
hey guys, im having my first legal assignment titled "the Australian Constitution is adaptable"
any ideas how to approach and answer this question? :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 19, 2014, 11:00:37 pm
Hi guys I'm trying to work out what I got for my first GA for Legal Studies - pretty happy because I think I may get my first A+

A+ is 92+/100 from 2013.

For the first area of study I had 2 SACS - 18/20 + 19/20
For the second area of study I had 1 SAC - 29/30
For the third area of study I had a SAC out of 25 today - I would be expecting like ~21/25 (That's really a lenient guess, I would hopefully do better).

Would that give me an A+ I Don't really get it. Thanks!

It's impossible to say as SAC results are scaled against exam performance. However those results look to put you in good stead for results at the end of the year.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on May 21, 2014, 07:08:57 pm
What's the difference between common law and precedent?

What's the difference between binding and persuasive precedent and what are the conditions?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 21, 2014, 10:33:33 pm
1. What's the difference between common law and precedent?

2. What's the difference between binding and persuasive precedent and what are the conditions?

1. Common law refers to the general body of law which has been made by judges through their decisions. Precedent refers to the ratio decidendi judges make in individual cases which ultimately becomes binding on lower courts in the same hierarchy when the are dealing with similar cases, hence individual precedents form part of the larger body of common law.

2. Binding precedent is a precedent a court has to follow as it was set by a court higher up in the same hierarchy to it, and the material facts of the precedent case are sufficiently similar to the current case the court bound to the precedent is hearing, hence the current case's judge is bound by the decisions the judge in the higher court has made. Persuasive precedent is a precedent a judge is not bound to follow, but may consider a good point of law/decision which may strongly influence their decision in a current case, there is a plethora of reasons where judges may not be bound by a precedent, such as a precedent existing in a separate court hierarchy or a precedent having been made in a lower court in the same hierarchy.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on May 22, 2014, 09:25:06 am
1. Common law refers to the general body of law which has been made by judges through their decisions. Precedent refers to the ratio decidendi judges make in individual cases which ultimately becomes binding on lower courts in the same hierarchy when the are dealing with similar cases, hence individual precedents form part of the larger body of common law.

2. Binding precedent is a precedent a court has to follow as it was set by a court higher up in the same hierarchy to it, and the material facts of the precedent case are sufficiently similar to the current case the court bound to the precedent is hearing, hence the current case's judge is bound by the decisions the judge in the higher court has made. Persuasive precedent is a precedent a judge is not bound to follow, but may consider a good point of law/decision which may strongly influence their decision in a current case, there is a plethora of reasons where judges may not be bound by a precedent, such as a precedent existing in a separate court hierarchy or a precedent having been made in a lower court in the same hierarchy.

Thanks chasej, the 2nd point made sense but I'm still slightly confused about the first one. Is common law a set of precedents? Could you provide an example?
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on May 22, 2014, 11:49:13 am
Thanks chasej, the 2nd point made sense but I'm still slightly confused about the first one. Is common law a set of precedents? Could you provide an example?
For our purposes, they are exactly the same thing.

A common law established by a court is the same thing as a precedent established. Take the "neighbour principle" from Donoghue vs Stevenson, we all learned about.. you can call that a "common law" established or a "precedent" established. There is no difference.

However, common law also commonly (haha) refers to the legal system we have inherited from England (the Adversary System) versus the Civil Law system (from the Roman Empire); so here is where the words "common law" can be used in a different context.

Title: Re: VCE Legal Studies Question Thread
Post by: 90ATAR on May 26, 2014, 07:16:42 pm
What do you need to get on the final exam to get a 50 - flawless or room for an error or two?

What about 45+? Sorry for the pedantic question.
Title: Re: VCE Legal Studies Question Thread
Post by: Duyyy11 on May 26, 2014, 09:51:40 pm
What do you need to get on the final exam to get a 50 - flawless or room for an error or two?

What about 45+? Sorry for the pedantic question.

I'm going to assume that there is no hard and fast rule i.e what marks will get you what study score.

As of 2013, an A+ for Unit 3 was 92/100
Unit 4: 92/100
Exam: 119/140 (85%)

To obtain a 50, I'll assume you will need to be nearly at the maximum of all these A+ ranges.
Title: Re: VCE Legal Studies Question Thread
Post by: 90ATAR on May 26, 2014, 10:11:07 pm
Dam that sucks! I will hopefully (fingers crossed) get 21+ for my AOS3 SAC tomorrow which would put me at 92/100 but #1 in cohort. I thought if you were ranked one then SAC scores didn't matter and you could kill the exam, and you get the exam as both your exam and SAC then 50 bam.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 26, 2014, 10:36:14 pm
Dam that sucks! I will hopefully (fingers crossed) get 21+ for my AOS3 SAC tomorrow which would put me at 92/100 but #1 in cohort. I thought if you were ranked one then SAC scores didn't matter and you could kill the exam, and you get the exam as both your exam and SAC then 50 bam.

that's correct. rank 1+full mark exam =50SS
Title: Re: VCE Legal Studies Question Thread
Post by: El-Baba on June 30, 2014, 07:08:59 pm
Hey guys,

I've been revising on the division of powers between Commonwealth and state parliaments and forgot what the difference is between specific and exclusive powers

Can anyone distinguish and clarify the difference between the two? And I also don't understand how specific powers is defined as powers provided solely to the Commonwealth, when states have concurrent powers

 A reply will be greatly appreciated :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on June 30, 2014, 10:08:58 pm
Hey guys,

I've been revising on the division of powers between Commonwealth and state parliaments and forgot what the difference is between specific and exclusive powers

Can anyone distinguish and clarify the difference between the two? And I also don't understand how specific powers is defined as powers provided solely to the Commonwealth, when states have concurrent powers

 A reply will be greatly appreciated :)
Hang on I think you're getting something confused.

As far I remember, specific powers are merely powers listed in the Commonwealth Constitution. The States can still exercise them; so

 
And I also don't understand how specific powers is defined as powers provided solely to the Commonwealth, when states have concurrent powers


this is not quite correct. Specific powers can be either: exclusive or concurrent. Remember, specific powers are merely powers listed in the Constitution. However, exclusive rights are rights made *exclusive* to the Commonwealth, usually by another section in the Constitution. Eg. The right to coinage/create legal tender is a specific power rendered exclusive due to a section in the Constitution that excludes States from exercising this right.

IF there is no section in the Constitution prohibiting a State from exercising a listed right (specific right), that right is known as a concurrent power (shared) with s109 used to settle inconsistencies.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on July 01, 2014, 01:31:38 am
Specific powers: Listed in the constitution as being within the jurisdiction of the commonwealth parliament, made up of both concurrent and exclusive powers.

Exclusive powers: Specific powers listed in the constition which only the commonwealth parliament can legislate in either by the nature of the power or by virtue of specific wording in the constitution, meaning the states cannot legislate in these areas.

Concurrent powers: Areas of law making powers listed in the constition as a power of the commonwealth, however not made exclusive to the commonwealth, hence both the states and commonwealth can legislate in the area, although following S109 of the constitution if inconsistencies between laws in concurrent areas of power exist, the commonwealth law would prevail to the extent of the inconsistency.
Title: Re: VCE Legal Studies Question Thread
Post by: El-Baba on July 01, 2014, 09:57:17 am
I was previously confused, and, now I'm increasingly confused :/

Are such powers solely listed in the constitution? Or are they powers the Commonwealth possess and can in a way influence (e.g. s.109 override)? Or both?

Title: Re: VCE Legal Studies Question Thread
Post by: chasej on July 01, 2014, 03:02:08 pm
I was previously confused, and, now I'm increasingly confused :/

Are such powers solely listed in the constitution? Or are they powers the Commonwealth possess and can in a way influence (e.g. s.109 override)? Or both?

The specific powers are the powers listed in the constitution as being within the area of the commonwealth's jurisdiction.

Powers are essentially areas of law, so specific powers are the areas of law the parliament can legislate in following the constitution.

-Section like S109 don't actually effect the Commonwealth's powers as they don't alter the areas of law the commonwealth can legislate but rather provide moreso an administrative solution to inconsistencies in the law-S109 is in the constitution.

Essentially the basis of the commonwealth's powers (areas of law it can legislate) are in the constitution, by definition, the constitioutoin is the framework of government.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on July 01, 2014, 04:47:56 pm
I was previously confused, and, now I'm increasingly confused :/

Are such powers solely listed in the constitution? Or are they powers the Commonwealth possess and can in a way influence (e.g. s.109 override)? Or both?
Ok the Commonwealth can only fully exercise these specific powers if they can pass a High Court ruling. So although s51 might grant the Commonwealth some rights, if the High Court interprets the wording/nuances of that wording differently than what is literally written in the Constitution, the Commonwealth cannot exercise those rights.

So to answer the first part of your question, no, the Constitution is not the sole source of the Cwlth Parliament's specific powers. Common law (ie. precedents) also determine how the Commonwealth can exercise those specific powers (to answer the first part of that question).

Your second part of the question is quite confusing; but think of it this way: any right (eg. public transport or IVF) that is NOT listed in the Commonwealth Constitution CANNOT be exercised by the Commonwealth Parliament. This is known as a residual power (given to the States) and the Commonwealth cannot exercise these rights, so yes you can say that the Cwlth Consitution lists all the powers that the Commonwealth possesses. The Commonwealth parliament can only make laws that are listed in the Commonwealth Constitution, or other rights given to it by the High Court through case interpretation.

The last part of your question is about s109. As Chasej and I have stated, there are two types of Commonwealth (specific) power. They can either be exclusive (only Cwlth can exercise) or concurrent (shared between state and Commonwealth). Since there are *some* rights that both Commonwealth and State can occur, what happens in a concurrent power when the State disagrees with the Commonwealth? We can't have two different laws that say different things, right? How would we know which one to follow? This is where s109 comes in. There are two "tests":

1. A High Court/Federal Court case is initiated, by a party affected by this inconsistency
2. The High Court/Federal Court agrees/interprets that the inconsistency exists.

In *any* case, the Commonwealth law will prevail over the State law, in areas of concurrency, to the extent of the inconsistency. So, basically s109 is essentially just a "troubleshooter" or resolver of conflict in the rare occassion where in concurrent powers, state and Cwlth law clash.


Remember, s109 only applies in areas of concurrent powers. It's not an overriding provision where the Commonwealth can make some random law (eg. terrorism laws) and override the States in any instances. Why? Because terrorism laws is not a specific power - it's a residual power - only exercisable by the states.

Glad to help with any further question/ if anyone wants to correct me if I have said anything incorrect.
Title: Re: VCE Legal Studies Question Thread
Post by: El-Baba on July 02, 2014, 04:23:37 pm
omg I feel like I was born with a missing chromosome, how did I get confused over that -.-

to hell with confusing oneself

thanks for the help guys, greatly appreciated :)
Title: Re: VCE Legal Studies Question Thread
Post by: aqple on July 15, 2014, 08:11:47 pm
'Describe two reasons for a court hierarchy' (4)

So for this question, my teacher said this would gain 2 marks:

'One reason for a court hierarchy is that they allow for the hearing of appeals. A party to a case can appeal to a higher, more superior court if they feel the decision in their case was unjust, provided that they can establish grounds for appeal. This provides fairness and the opportunity for unjust decisions to be corrected and without court hierarchies, there would be no superior courts to which an appeal could be made.'

Isn't this too much information for 2 marks? (given that the question is 4 marks and I need to give another reason) Because I feel this would be too much writing for such a simply question (75 words). Shouldn't giving a reason and a description be enough, without mentioning how it is dependent on the existence of court hierarchies and what it provides?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 17, 2014, 10:34:19 am
'Describe two reasons for a court hierarchy' (4)

So for this question, my teacher said this would gain 2 marks:

'One reason for a court hierarchy is that they allow for the hearing of appeals. A party to a case can appeal to a higher, more superior court if they feel the decision in their case was unjust, provided that they can establish grounds for appeal. This provides fairness and the opportunity for unjust decisions to be corrected and without court hierarchies, there would be no superior courts to which an appeal could be made.'

Isn't this too much information for 2 marks? (given that the question is 4 marks and I need to give another reason) Because I feel this would be too much writing for such a simply question (75 words). Shouldn't giving a reason and a description be enough, without mentioning how it is dependent on the existence of court hierarchies and what it provides?

Nope - that's perfect. If you don't link it to a hierarchy and say why it's good, you haven't actually answered the question. Your teacher has given you an awesome answer.

One mark is 1.7 minutes of writing - you couldn't write the above answer in 2-3 minutes? I'm not saying that EVERY assessor would require every word of this for full marks (blanket statements like that are never more than mere guesses and are silly to make), but why take a risk if you have the time to do a solid job?
Title: Re: VCE Legal Studies Question Thread
Post by: aqple on July 17, 2014, 04:23:56 pm
Nope - that's perfect. If you don't link it to a hierarchy and say why it's good, you haven't actually answered the question. Your teacher has given you an awesome answer.

One mark is 1.7 minutes of writing - you couldn't write the above answer in 2-3 minutes? I'm not saying that EVERY assessor would require every word of this for full marks (blanket statements like that are never more than mere guesses and are silly to make), but why take a risk if you have the time to do a solid job?

Thanks! Legal studies is pretty much a handwriting exercise for me after all :P
Title: Re: VCE Legal Studies Question Thread
Post by: Lachjames on July 17, 2014, 05:48:42 pm
Hey folks,

I've got a friend doing Legal 3&4 who desperately needs some help with the following questions (she's quite bright but she doesn't know where to start I think so some guidance or advice would be helpful):

1: Suggest one way in which costs may affect the effectiveness of civil processes and procedures to resolve civil disputes. Explain two ways in which this problem 
may be overcome.
2: To what extent do the processes and procedures for hearing a civil claim contribute to the effective operation of the legal system?

Thanks for any assistance :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 18, 2014, 11:47:28 am
Thanks! Legal studies is pretty much a handwriting exercise for me after all :P

Yeah, Legal revision is one of the best ways around to get your hourly wordspeed up!!
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on July 18, 2014, 05:29:25 pm
Yeah, Legal revision is one of the best ways around to get your hourly wordspeed up!!

hahha, last year when I wasn't able to finish sacs I'd speedcopy the textbook, got all the stuff memorised as well

btw guys go to CPAP when megan presents there, she's epic.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 20, 2014, 12:05:35 am
hahha, last year when I wasn't able to finish sacs I'd speedcopy the textbook, got all the stuff memorised as well

btw guys go to CPAP when megan presents there, she's epic.

Ahhh, THANK YOU!!!!!
Title: Re: VCE Legal Studies Question Thread
Post by: 90ATAR on July 20, 2014, 11:48:19 am
For strengths and weaknesses of dispute resolution methods, my strength is usually quite long and my opposing weakness if often quite short, such as 'however, if the parties do not have equal bargaining power then one party may exert influence over the other party, or one party makes compromises too often which may lead to an unfair result.' Do you think if I am asked to evaluate a strength or something, that I could just use something short such as what I wrote above or kind of string on a bit more being verbose to cover up a few extra lines.

Also in my notes, it explains what mediation, conciliation and arbitration is but doesn't really provide much open for me to compare and contrast the ADR methods or even evaluate.

e.g. Would mediation be a better method for settling a dispute than conciliation? Justify your answer.' (4 marks). I'd probably write something along the lines of this.

Mediation would be a better method for settling a dispute when compared to conciliation. The mediator does not openly suggest ideas for resolution, but instead allows the opportunities for the parties to maintain control over the dispute, explore ideas that could assist in dispute resolution, as well as resolve the dispute so both parties are satisfied. This essentially enables the parties to work out the dispute for themselves with the mediator listening to the discussion and ensuring both parties are not going unheard. On the other hand, conciliation involves a conciliator openly suggesting ideas that will assist in dispute resolution but does not make a fully enforced decision on the behalf to the parties. The conciliator may plant ideas for resolution in the minds of the parties which may result in one or both of the parties not being fully satisfied; the original 'want' of one of the parties from the resolution may have changed completely, which can lead to an unhappy resolution that the parties do not follow. Overall, mediation is a more effective means of dispute resolution as the parties negotiate and bargain for themselves in the dispute for a resolution with a third party facilitating the negotiation.

Would this be four marks? I really don't know how I would get marks for something like this, so I'd just write as much as I could and cross my fingers. BTW, if I was asked to compare anything other than mediation, I would probably only be able to string 2-3 sentences. 
Title: Re: VCE Legal Studies Question Thread
Post by: clidedescope on July 26, 2014, 07:40:14 pm
Hey guys, there was a question on my legal sac that was something like this:
"A man takes a civil matter to the Magistrates Court and is compensated $20,000. He does not believe this to be an adequate amount and wants to appeal to receive a higher sum of money. Which court would he appeal to and why?"
Now, I said County Court if there was an act of parliament that allowed it, but I'm beginning to doubt myself. I know that civil appeals can go to the Supreme Court on a point of law, but I'm not sure if the amount compensated would come under that definition. Is anybody able to shed some light on this so I don't keep on stressing before I get my result back? Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on July 27, 2014, 01:13:35 am
Hey guys, there was a question on my legal sac that was something like this:
"A man takes a civil matter to the Magistrates Court and is compensated $20,000. He does not believe this to be an adequate amount and wants to appeal to receive a higher sum of money. Which court would he appeal to and why?"
Now, I said County Court if there was an act of parliament that allowed it, but I'm beginning to doubt myself. I know that civil appeals can go to the Supreme Court on a point of law, but I'm not sure if the amount compensated would come under that definition. Is anybody able to shed some light on this so I don't keep on stressing before I get my result back? Thanks :)

There are no appeals on the amount of damages in civil cases. Only point of law appeals, which are appealed on the basis the magistrate incorrectly applied a legal principle (a point of law) to the facts of the case when making their decision. An example of a point of law appeal may be a magistrate incorrectly interpreting words in an act, so the aggrieved party appeals the interpretation by the magistrate. Appeals based on thinking you aren't given enough money are not allowed, that isn't to say however an appeal on a point of law couldn't result in more damages being awarded, for example if there was a law saying a full debt must be paid, yet the magi's only ordered 50% of the debt be paid, the aggrieved party could appeal to have the full debt paid, as the fault in the judgement (and hence appeal) was based on an incorrect interpretation of the law, not the damages itself.

Hope that wasn't to confusing.


Bit of a trick question as the question implies there is a court the case would go to, when in reality there isn't.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 27, 2014, 12:44:53 pm
There are no appeals on the amount of damages in civil cases. Only point of law appeals, which are appealed on the basis the magistrate incorrectly applied a legal principle (a point of law) to the facts of the case when making their decision. An example of a point of law appeal may be a magistrate incorrectly interpreting words in an act, so the aggrieved party appeals the interpretation by the magistrate. Appeals based on thinking you aren't given enough money are not allowed, that isn't to say however an appeal on a point of law couldn't result in more damages being awarded, for example if there was a law saying a full debt must be paid, yet the magi's only ordered 50% of the debt be paid, the aggrieved party could appeal to have the full debt paid, as the fault in the judgement (and hence appeal) was based on an incorrect interpretation of the law, not the damages itself.

Hope that wasn't to confusing.


Bit of a trick question as the question implies there is a court the case would go to, when in reality there isn't.

Great answer - I'm on board with that. But, I have to say, pretty creative in saying that he could go to the CC if an act allowed - I think I'd credit that if I marked it in a SAC!
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on August 14, 2014, 09:50:11 am
Hey i've never posted anything on here before so I hope i'm doing this right. Can someone please help me with this question, it's worth 8 marks. :P

'Compare the purpose of two pre-trial procedures for the resolution of criminal csses and civil disputes.'
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 15, 2014, 06:18:55 pm
Hey i've never posted anything on here before so I hope i'm doing this right. Can someone please help me with this question, it's worth 8 marks. :P

'Compare the purpose of two pre-trial procedures for the resolution of criminal csses and civil disputes.'

That's a terrible question!! Do they mean one criminal and one civil? Or can you choose two of one and none of the other? And how one earth can you get 1 1/2 to 2 pages of writing out of comparing some simple little purposes???!!!!

You don't need help: that question needs help.
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on August 15, 2014, 08:28:25 pm
That's a terrible question!! Do they mean one criminal and one civil? Or can you choose two of one and none of the other? And how one earth can you get 1 1/2 to 2 pages of writing out of comparing some simple little purposes???!!!!

You don't need help: that question needs help.

No idea to be honest. I think it's asking for both criminal and civil because it says 'and'. I still have no idea how to answer this question :/
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 16, 2014, 07:39:20 am
Look, I was being facetious - but totally serious at the same time. I really have any idea what they're expecting, and I think the question should be fixed up.

But. If I were answering it and had no other choice, I would do it like this:

Pick one criminal procedure and one civil one.
Describe the purposes of each of them (you don't need to do this in a compare question, but we're trying to spread it out to 8 marks here).
Explain similarities between the purposes.
Explain differences.

And just try to write a lot of detail.
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on August 16, 2014, 12:11:24 pm
Look, I was being facetious - but totally serious at the same time. I really have any idea what they're expecting, and I think the question should be fixed up.

But. If I were answering it and had no other choice, I would do it like this:

Pick one criminal procedure and one civil one.
Describe the purposes of each of them (you don't need to do this in a compare question, but we're trying to spread it out to 8 marks here).
Explain similarities between the purposes.
Explain differences.

And just try to write a lot of detail.

Thanks for your help  :)
Title: Re: VCE Legal Studies Question Thread
Post by: bella652214 on August 24, 2014, 12:45:53 pm
Quick question - how would you answer this two part question? Thanks everyone!

1. a) Describe two problems (e.g. high costs & delays) that an individual may face when taking a civil dispute to court. (4m)
    b) For each problem suggested in part (c) of this question, explain two changes that has or could help to overcome the problem and enhance the effective operation of the legal system. (4m)
Title: Re: VCE Legal Studies Question Thread
Post by: zeiinaaa on October 03, 2014, 01:59:02 pm

Quick question - how would you answer this two part question? Thanks everyone!

1. a) Describe two problems (e.g. high costs & delays) that an individual may face when taking a civil dispute to court. (4m)
    b) For each problem suggested in part (c) of this question, explain two changes that has or could help to overcome the problem and enhance the effective operation of the legal system. (4m)


A)
The court system, whilst effective consists of many issues which might be stressful and time consuming for individuals.

The very first issue is the high costs. Settling a dispute in the court is very costly, and the court fees have a tendency to be very high, along with the need for legal representation. In addition, some parties might want to Appeal to a higher court which generally adds even more to the high costs.

A second issue is delays, due to the fact that  the judge or a party may be ill which means that the court date has to be rescheduled. More delays are associated with the fact the processes and procedures involved in the legal system are very complex and usually there are a lack of resources to commence a proceeding.

B)
Many changes have been implemented in our legal system to reduce delays and high costs.
This includes the more efficient use of technology. In 2009-2010 the Victorian Supreme Court introduced the integrated court management system, known as 'court view', which aims to reduce DELAYS by providing electronic filing for legal council and recording system for court data.

Another change which has occurred is the increased use of ADR (mainly mediation) within the court system, which will allow for an increase use of judge-led mediation, court ADR coordinators and case conferences to resolve disputes prior to trial in the county and supreme courts.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on October 05, 2014, 06:24:41 pm
Is an evaluation of the doctrine of precedent similar to an evaluation of courts as law makers? If not, which has been common to be examined in past VCAA papers? Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on October 05, 2014, 07:07:36 pm
Is an evaluation of the doctrine of precedent similar to an evaluation of courts as law makers? If not, which has been common to be examined in past VCAA papers? Thanks
Yeah except if the question asks you to evaluate courts as law-makers you have more room to move around. You don't have to mention doctrine of precedent if you don't want to (although what else are you going to talk about for a 6-10 marker, f you don't?)

I remember having to do this annoying VCAA question somewhere along the lines of "the doctrine of precedent ensures consistency and flexibility". That was a really good question because you have to know the subtle similarities and differences between consistency and flexibility. But I think asking you to evaluate courts is a more common exam question since it's broader in scope, but they are equally examinable.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on October 05, 2014, 08:51:15 pm
Yeah except if the question asks you to evaluate courts as law-makers you have more room to move around. You don't have to mention doctrine of precedent if you don't want to (although what else are you going to talk about for a 6-10 marker, f you don't?)

I remember having to do this annoying VCAA question somewhere along the lines of "the doctrine of precedent ensures consistency and flexibility". That was a really good question because you have to know the subtle similarities and differences between consistency and flexibility. But I think asking you to evaluate courts is a more common exam question since it's broader in scope, but they are equally examinable.

With these questions can you tell me what it emphasises on?

‘The doctrine of precedent limits the role of the courts as law-makers. However, the courts can still make
significant changes to the law.’
Evaluate the extent to which the doctrine of precedent allows the courts to change the law. 8 marks

Explain the process of law-making by courts. Include in your answer an evaluation of two strengths and two weaknesses of this process. 10 marks

‘Our common law system of law-making ensures that similar cases with similar fact situations receive
similar rulings by judges.’
Critically evaluate the effectiveness of this process of law-making by the courts, and justify your
conclusion. 10 marks

Thanks!


Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 05, 2014, 10:19:26 pm
There's so much overlap here - I say don't worry too much, and always just keep in mind some of your core courts-as-lawmakers points.

With these questions can you tell me what it emphasises on?

‘The doctrine of precedent limits the role of the courts as law-makers. However, the courts can still make
significant changes to the law.’
Evaluate the extent to which the doctrine of precedent allows the courts to change the law. 8 marks


Take a really broad view of the doctrine of precedent (it's just, after all, HOW courts make law) and explain how it enables them to make/change law, plus how it limits them. How do each of the rules of binding precedent enable and limit? How about persuasive? How about statutory interpretation? How about the difference between the ratio and obiter?


Explain the process of law-making by courts. Include in your answer an evaluation of two strengths and two weaknesses of this process. 10 marks


This one is slightly more of a good/bad evaluation rather than the can/can't evaluation above. But much of your content will be the same - you'll just link it to good/bad rather than can/can't, and you might be able to chuck some other points in.


‘Our common law system of law-making ensures that similar cases with similar fact situations receive
similar rulings by judges.’
Critically evaluate the effectiveness of this process of law-making by the courts, and justify your
conclusion. 10 marks

Thanks!

This one, I would argue, is the first two put together :)
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on October 06, 2014, 10:21:18 am
There's so much overlap here - I say don't worry too much, and always just keep in mind some of your core courts-as-lawmakers points.

Take a really broad view of the doctrine of precedent (it's just, after all, HOW courts make law) and explain how it enables them to make/change law, plus how it limits them. How do each of the rules of binding precedent enable and limit? How about persuasive? How about statutory interpretation? How about the difference between the ratio and obiter?

This one is slightly more of a good/bad evaluation rather than the can/can't evaluation above. But much of your content will be the same - you'll just link it to good/bad rather than can/can't, and you might be able to chuck some other points in.

This one, I would argue, is the first two put together :)

Hey thanks for the reply, I really like the concept of good/bad evaluation or can/can't evaluation. However I find it difficult to determine which evaluation it requires. What key terms or phrases could I take from questions that give away what kind of evaluation it is? Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on October 11, 2014, 02:38:33 pm
'Evaluate the methods by which individuals can resolve civil disputes through the court system. Include in your answer an explanation of the extent to which individuals face problems or difficulties when accessing the courts."

 -10 mark question

How do I break this question down? 5 and 5 marks for the two parts?

How many dispute resolution methods should I use to talk about ? Are any of the four (mediation, conciliation, arbitration, judicial determination) okay to write about?

Someone help please  :)
Title: Re: VCE Legal Studies Question Thread
Post by: zeiinaaa on October 19, 2014, 10:41:55 pm
'Evaluate the methods by which individuals can resolve civil disputes through the court system. Include in your answer an explanation of the extent to which individuals face problems or difficulties when accessing the courts."

 -10 mark question

How do I break this question down? 5 and 5 marks for the two parts?

How many dispute resolution methods should I use to talk about ? Are any of the four (mediation, conciliation, arbitration, judicial determination) okay to write about?

Someone help please  :)


Since this is an evaluation question, the structure of your response will help score you points. Also discussing mediation, conciliation, arbitration, judicial determination and mentioning strengths and weaknesses of them will mainly help you achieve the 10 marks.

As for problems and difficulties faced by individuals, id say at most mention 2-3 things such as cultural issues, financial issues and delays.

I don't think it's a split mark as majority of marks will be given towards part 1 of the question.

But make sure to check with your teacher for reassurance and let them mark your response.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on October 22, 2014, 05:35:25 pm
With the current study design, one point mentions 'the relationship between courts and parliament in law-making'. Can we be examined on comparing and evaluating which body is a better law maker? I've seen questions like this on the 2002-03 vcaa exams but not on the recent ones. Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: norabadawy on October 22, 2014, 08:51:27 pm
Hello. I just have a quick questions for when explaining operation of the doctrine of precedent as a reason for a court hierarchy.

The existence of a court hierarchy allows for the operation of the doctrine of precedent, where lower courts must follow the legal reasoning behind the decisions (referred to as the ratio decidendi) made by higher courts in the same hierarchy, in cases where the material facts are similar. For example, the Magistrates’ Court of Victoria and Victorian County Court must follow legal reasoning behind decisions set out by the Victorian Supreme Court, because the latter is a superior court. The doctrine of precedent allows similar cases to be decided in a similar manner and helps ensure courts’ decisions are consistent and predictable. Without the existence of a court hierarchy, the doctrine of precedent could not operate. `

Is this explanation good enough?  I've only mentioned ratio decidendi and haven't explicitly mentioning binding or persuasive precedent so I'm not sure.
Thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on October 23, 2014, 12:37:41 am
Hello. I just have a quick questions for when explaining operation of the doctrine of precedent as a reason for a court hierarchy.

The existence of a court hierarchy allows for the operation of the doctrine of precedent, where lower courts must follow the legal reasoning behind the decisions (referred to as the ratio decidendi) made by higher courts in the same hierarchy, in cases where the material facts are similar. For example, the Magistrates’ Court of Victoria and Victorian County Court must follow legal reasoning behind decisions set out by the Victorian Supreme Court, because the latter is a superior court. The doctrine of precedent allows similar cases to be decided in a similar manner and helps ensure courts’ decisions are consistent and predictable. Without the existence of a court hierarchy, the doctrine of precedent could not operate. `

Is this explanation good enough?  I've only mentioned ratio decidendi and haven't explicitly mentioning binding or persuasive precedent so I'm not sure.
Thank you!

Probably replace "Without the existence of a court hierarchy, the doctrine of precedent could not operate. " with
"Without the existence of a court hierarchy, there would be no way to determine which court's decision holds more weight".
or
"Without the existence of a court hierarchy, there would be no higher courts to form binding precedents on lower courts and for this reason, the doctrine of precedent cannot operate".

I think any answer involving the D.O.P should have a brief explanation of stare decisis (to stand by what is decided) and binding precedent because one of the aims of the D.O.P is to ensure consistency as lower courts are bound to follow precedents set by higher courts.
Title: Re: VCE Legal Studies Question Thread
Post by: Bluegirl on October 24, 2014, 12:20:56 pm
Discus two recent reforms to the jury system as it operates in Victoria.

Is it usual for a question to be asked like this? Or is it normally q question that let's you choose between a recent or suggested reform?

Can someone help me with this please? What could I include?
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 24, 2014, 01:59:55 pm
Discus two recent reforms to the jury system as it operates in Victoria.

Is it usual for a question to be asked like this? Or is it normally q question that let's you choose between a recent or suggested reform?

Can someone help me with this please? What could I include?
Thanks

No, that's really standard. Asking for three or four jury reforms would be unexpected, though - that's a lot. Not impossible, but surprising. What's strange about this question, though, is that they've connected recent changes and limited it to the jury specifically. The Study Design only asks for jury reforms and alternatives, which suggests *future* reforms. Recent reforms are part of the final topic, on problems and changes to the legal system as a whole (ie not the jury topic).

'Discuss' is kind of halfway between explain and evaluate. Do a bit of each :)
Title: Re: VCE Legal Studies Question Thread
Post by: biggs026 on October 26, 2014, 04:40:20 pm
Hey guys, would mediation, conciliation and arbitration be more lengthy then judicial determination? Or more timely?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 26, 2014, 09:26:33 pm
Hey guys, would mediation, conciliation and arbitration be more lengthy then judicial determination? Or more timely?

They're generally considered to be less time-consuming. The inquisitorial and informal aspects of arbitration help speed it up, while the cooperative focus of the others helps them be faster. And they all tend to have shorter waiting lists than JD through the courts.
Title: Re: VCE Legal Studies Question Thread
Post by: biggs026 on October 27, 2014, 03:14:36 pm
Ahh okay, makes sense. Thank you!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Mikaylahutchins on November 03, 2014, 04:34:31 pm
Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 03, 2014, 04:42:21 pm
Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?
I'm starting on that (starting study now)

You have to know Pleadings, including the writ, statement of claim, statement of defence and something else i cant remember.
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 03, 2014, 04:43:00 pm
Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?
I'm starting on that (starting study now)

You have to know Pleadings, including the writ, statement of claim, statement of defence and notice of appearance.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 03, 2014, 06:29:30 pm
Do we need to know each stage of pleadings or just pleadings as a whole?
I know the general purpose of pleadings as well as the writ and statement of claim, is that enough?

Honestly, it's difficult to know for sure because the Study Design doesn't specify, and it's been years since pleadings has been on the exam (ie longer than the current SD and Chief Assessor) so we can't look to a recent Report for guidance.

I think it's safer to know basically what each of the stages is. Not enough so you could literally represent someone in a civil lawsuit, but enough so you could say what each is for.
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 03, 2014, 08:27:15 pm
Would anyone be able to tell me if I am able to still refer to the Koori County Court as a recent change to improve the effectiveness of the legal system as it was recently expanded to the Melbourne magistrates court in 2013?

Also is it okay to use the example of abolishing suspended sentences as a recent change to enhance fairness?
Title: Re: VCE Legal Studies Question Thread
Post by: aqple on November 03, 2014, 09:36:42 pm
Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 03, 2014, 09:50:08 pm
Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!

I think by having paragraphs it just makes your answer easier to read, making it easier for the examiner to find where the marks are at. But yeah I'm not really sure, I would like to know this answer too.
Title: Re: VCE Legal Studies Question Thread
Post by: findingthetruth on November 04, 2014, 02:53:38 pm
Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!
Have the best of both.  Write paragraphs with indents.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 04, 2014, 07:26:24 pm
Would anyone be able to tell me if I am able to still refer to the Koori County Court as a recent change to improve the effectiveness of the legal system as it was recently expanded to the Melbourne magistrates court in 2013?

Also is it okay to use the example of abolishing suspended sentences as a recent change to enhance fairness?

Koori County Court is too old. Why not just use the expansion of the Koori Court?

Also, I think that the suspended sentences change is an example of a change to a specific law more than a change to the legal system as a whole, in terms of its operation. Try not to be too narrow.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 04, 2014, 07:30:53 pm
Does anyone know if marks can be lost for not having paragraphs? I tend to avoid using paragraph breaks because I don't want to take up writing space (and have to write in the extra space), with the exception of the 8 and 10 mark questions of course!

You don't "lose marks" per se - Legal doesn't negatively mark: it gives marks rather than takes them off. But paragraphs are one good way to organise your material and make it easier to read. Doesn't mean you need to leave a whole line, though - indents are good. And there are other ways, such as signposting new sections with your wording. Just make it user-friendly and you should be on the right track.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on November 04, 2014, 09:29:13 pm
I'm a little bit confused on a point, any help would be appreciated

The 2013 examination report states
" many argued that mediation and conciliation are ‘not legally binding’, without making the point that in most (if
not all) situations, the parties will normally sign an agreement, upon an outcome being reached, which binds them to
what they have agreed on (and that could be enforced in court if not complied with)"

However, in my textbook it says that although they signed agreements and they can be used in court, they are not ACTUALLY legally binding
and my teacher seconded this, can anyone clarify this?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 04, 2014, 10:35:38 pm
I guess in part it depends on how you're thinking of 'legally binding'. A private contract isn't legally binding in exactly the same way that a court order is, because you need to sue the other party for breach of contract and then actually prove in court that they did breach; then, even if you win, the court won't necessarily order the other party to simply fulfill the contract. Sometimes different orders are made. Court judgments are less fraught and ambiguous than this - contracts are still 'legally binding', though: just in a different way.

If the non-judicial resolution is conducted through a court pre-trial or pre-judgment process (eg mediation ordered at a directions hearing), however, a court order will be generally drawn up confirming that settlement. As in, the judge can authorise the agreement.

So, yeah, non-judicial resolution is almost always enforceable against the other party. Trust the Chief Assessor :)
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 05, 2014, 06:31:13 pm
Can someone please tell me if it's worth knowing the structure of VCAT? Because the study design does specifically say the 'role of VCAT'...

Thanks  :)
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 05, 2014, 06:37:12 pm
Can someone please tell me if it's worth knowing the structure of VCAT? Because the study design does specifically say the 'role of VCAT'...

Thanks  :)

I haven't read the study design recently enough and I can't remember it from last year, but if it's assessable, you should have a decent knowledge of it. Check the study design to see if it ever mentions this.

obv don't spend too much time on this if it is in there though, I can't remember it ever being assessed
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 05, 2014, 08:34:46 pm
Can someone please tell me if it's worth knowing the structure of VCAT? Because the study design does specifically say the 'role of VCAT'...

Thanks  :)

The SD doesn't explicitly say the 'structure' of VCAT, but - basics of the structure are important in understanding the appeal avenues and the use of methods of dispute resolution (amongst other things). Therefore, insofar as the structure relates to these kinds of things, I think a general understanding is good to have.
Title: Re: VCE Legal Studies Question Thread
Post by: dida on November 06, 2014, 03:11:04 pm
Hey guys, just got a quick question…

Does anyone know what happens at a direction hearing for a CRIMINAL case?

I'm not sure if we have to know it or not for the exam (yes i know we need to know it for civil proceedings) but our teacher is telling us its good to know…

thanks in advance :)
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 06, 2014, 04:00:18 pm
Hi

I'm doing my first legal practice exam and for the first time I appear to be coming up short, albeit very short in terms of lines and writing. I'm doing the 2013 VCAA practice exam and with every question thus far up to question four (especially 3b. and 4) I have not filled up all the lines. The ones that I mentioned I wrote about half, if that, in response to the questions.

Is this fine? If I'm asked to identity two things (simply stating what they want in a few words) and give an example, I don't see why I need like ten lines when I could knock it over in three.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2014, 04:44:50 pm
Hi

I'm doing my first legal practice exam and for the first time I appear to be coming up short, albeit very short in terms of lines and writing. I'm doing the 2013 VCAA practice exam and with every question thus far up to question four (especially 3b. and 4) I have not filled up all the lines. The ones that I mentioned I wrote about half, if that, in response to the questions.

Is this fine? If I'm asked to identity two things (simply stating what they want in a few words) and give an example, I don't see why I need like ten lines when I could knock it over in three.

Depends on the task word, how succinct you are, the size of your writing. 'Outline' requires very little writing ('identify', even less), so you're going to fill up less space (per mark) than with something like 'Critically examine'. On the 2013 exam I was way shorter than the lines for both parts of Q1, for instance - but I did fill them for Q3 on the Senate. I have very small writing, but I write quickly.
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 06, 2014, 05:14:11 pm
Thank you Megan.

Now, does anyone know what exam mark would be required for around a 37? I have left this way too late and am really struggling as I don't really have notes and my only way of studying is Tim Macdonald on YouTube lol.
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on November 06, 2014, 07:00:45 pm
Thank you Megan.

Now, does anyone know what exam mark would be required for around a 37? I have left this way too late and am really struggling as I don't really have notes and my only way of studying is Tim Macdonald on YouTube lol.
Probably in the 50s I'd say maybe low 50s (out of 70) for a 37
Title: Re: VCE Legal Studies Question Thread
Post by: anonymous 774 on November 06, 2014, 07:34:13 pm
could anyone please tell me what a rank 2 would need in the exam for a 40?
thanks
Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on November 06, 2014, 08:17:51 pm
could anyone please tell me what a rank 2 would need in the exam for a 40?
thanks
An A+ which is usually 60/70, it might just get you a 39 though so its safer if you get around 61-62
Title: Re: VCE Legal Studies Question Thread
Post by: breds151 on November 06, 2014, 10:56:34 pm
Hey guys, what recent/suggested changes are you guys using?
Wasn't really made clear in my classes  :-\
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 07, 2014, 11:14:00 am
When addressing the impact of the referral of powers, do the powers become concurrent or exclusive? or is it best to simply say that the commonwealth's powers are increased and as a result the state's powers are reduced?

I have read that there is some uncertainty surrounding this area of the law but was wondering if vcaa had provided more clarity on the issue. 
Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 07, 2014, 11:31:49 am
When addressing the impact of the referral of powers, do the powers become concurrent or exclusive? or is it best to simply say that the commonwealth's powers are increased and as a result the state's powers are reduced?

I have read that there is some uncertainty surrounding this area of the law but was wondering if vcaa had provided more clarity on the issue. 
Thanks :)
States refer powers to the Cth for a uniform law. This means that they lose their power and are giving it to the Cth. Therefore it is exclusive power, generally. For example, I believe that States were able to make laws with regards to terrorism, but since 9/11 they referred their powers to CTH and now only Cth can make laws in that area at the expense of the states power.
Title: Re: VCE Legal Studies Question Thread
Post by: Mikaylahutchins on November 07, 2014, 11:32:11 am
Just curious as to how we go about abbreviating words in the exam?
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: leftback on November 07, 2014, 11:34:58 am
rank 7 A average
what exam score would i need to get to get a 40 study score?
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 07, 2014, 02:58:31 pm
States refer powers to the Cth for a uniform law. This means that they lose their power and are giving it to the Cth. Therefore it is exclusive power, generally. For example, I believe that States were able to make laws with regards to terrorism, but since 9/11 they referred their powers to CTH and now only Cth can make laws in that area at the expense of the states power.

Doesn't the Graham v Preston case demonstrate that it is concurrent though?

'The High Court considered the question of the concurrent operation of Commonwealth and State laws in Graham v Preston. In that case, the defendant, a bakery owner – sold a loaf of bread for 8 pence, above the regulated maximum of 7 pence as per Queensland’s Profiteering Prevention Act 1948. The defendant argued that the Queensland act was ultra vires because the Queensland Parliament had forfeited its ability to make laws on profiteering and prices when it referred such matters to the Commonwealth under Queensland’s Commonwealth Parliament Act 1943. The High Court rejected this argument, endorsing the view that a reference only bestows an additional power on the Commonwealth that is not designed to subsequently diminish or deprive a State of its power with respect to the matter. The result is that the State retains, while the Commonwealth receives, concurrent power to legislate with respect to the same subject matter.'

A lot of mixed messages....
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 07, 2014, 03:43:49 pm
When a judge overrules a precedent, does it abrogate it?
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on November 07, 2014, 03:49:35 pm
When a judge disapproves a precedent, does it abrogate it?

Going by memory, I think when a judge disapproves it they just show their lack of support for it (usually done in their obiter dictum - comments made). They will choose not to follow the precedent if it is a persuasive precedent, however both precedents remain in force. On the other hand, if precedent is binding on a court, they can still disapprove it, but they are still required to follow it. They disapprove a binding precedent so people can appeal their case to a higher court, providing an opportunity for a higher court to overrule the 'bad precedent' that the previous judge had disapproved of.

Sorry my explanation isn't fluent but overall no it doesn't abrogate it! It only influences the person to appeal their case to a higher court where the disapproved precedent has a chance of being overruled by the higher court. Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 07, 2014, 04:02:08 pm
Thanks Jawnie.

I just read out of the book that it overrides the original precedent, not sure if that means abrogate but I'll trust you :)
Another question! With last years exan, question 12, it asks you to analyse the impact of a referendum with regards to a case. The high scoring answer in the report seems to write all this unnecessary crap, or I'm doing it wrong. I thought I couldnjump right into the question talking about 1967 indigenous referendum and how the deletion of a few words saw a shift in the division of powers, but apparently you need to analyse some random points about referendums. I'm confused.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on November 07, 2014, 04:59:35 pm
Just curious as to how we go about abbreviating words in the exam?
Thanks
I've been told only abbreviate things that are abbreviated in the stimulus, ie. If the question references VCAT as 'VCAT', you can use 'VCAT'.

I remember reading somewhere that Discovery now has a 10 week time limit as of 2010 (i think), can anyone confirm this?
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on November 07, 2014, 05:22:28 pm
Thanks Jawnie.

I just read out of the book that it overrides the original precedent, not sure if that means abrogate but I'll trust you :)

Which textbook do you use?
I'm currently using the A+ legal notes as my reference and here is what it says
"Disapproving: A judge may refuse to follow an earlier decision of another judge in the same court. They are then showing their disapproval and lack of agreement with the earlier decision. Both precedents remain in force until another case on the issue is taken to a higher court, which can overrule the previous decision and create a new precedent. Also, judges in a lower court can express disapproval about a precedent set in a higher court that they are bound to follow."

Think of disapproving as a stepping stone that leads to overruling!
Have a read of this post, it may be helpful
http://merspi.com.au/68134/difference-between-overruling-and-disapproving-precedent
Hope that clears things up a little!

Title: Re: VCE Legal Studies Question Thread
Post by: AbominableMowman on November 07, 2014, 05:36:16 pm
rank 7 A average
what exam score would i need to get to get a 40 study score?
You'd need a mid-high A+ maybe around 64 out of 70 (if your sacs scale to an A+), this depends on your cohort
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 07, 2014, 06:01:54 pm
Which textbook do you use?
I'm currently using the A+ legal notes as my reference and here is what it says
"Disapproving: A judge may refuse to follow an earlier decision of another judge in the same court. They are then showing their disapproval and lack of agreement with the earlier decision. Both precedents remain in force until another case on the issue is taken to a higher court, which can overrule the previous decision and create a new precedent. Also, judges in a lower court can express disapproval about a precedent set in a higher court that they are bound to follow."

Think of disapproving as a stepping stone that leads to overruling!
Have a read of this post, it may be helpful
http://merspi.com.au/68134/difference-between-overruling-and-disapproving-precedent
Hope that clears things up a little!

My endorsement on this, too! Disapproval is just saying you don't like something (in obiter). Whether or not you then go ahead and follow it (or distinguish, or overrule) is a matter for the specific case, the position of the court in the hierarchy, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 07, 2014, 06:04:45 pm
Thanks Jawnie.

I just read out of the book that it overrides the original precedent, not sure if that means abrogate but I'll trust you :)
Another question! With last years exan, question 12, it asks you to analyse the impact of a referendum with regards to a case. The high scoring answer in the report seems to write all this unnecessary crap, or I'm doing it wrong. I thought I couldnjump right into the question talking about 1967 indigenous referendum and how the deletion of a few words saw a shift in the division of powers, but apparently you need to analyse some random points about referendums. I'm confused.

The question asked you to analyse the impact of referendum, as a means of changing the division of powers. The focus of the question is therefore the referendum process, and the ability of it to change the wording of the Constitution to have an impact on the powers of the parliaments. The question just asked you to 'use' an example to illustrate your answer - the focus isn't the example. It's not random points about referenda - it's the extent to which referenda are effective, powerful ways of changing the division of powers. Always connect your task word to the content it's relating to: here, the 'analyse' was referenda in general.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 07, 2014, 06:10:54 pm
States refer powers to the Cth for a uniform law. This means that they lose their power and are giving it to the Cth. Therefore it is exclusive power, generally. For example, I believe that States were able to make laws with regards to terrorism, but since 9/11 they referred their powers to CTH and now only Cth can make laws in that area at the expense of the states power.

Ah, no - not quite. The ability of the Commonwealth to legislate on referred matters is in s51. Section 51 is a list of concurrent powers, so therefore the general assumption is that referred matters can also be used by the Commonwealth as though they were concurrent. Which means that Commonwealth law can override state law within the scope of the referral, pursuant to s109.

The area on which we still need clarity (from the HCA, though, not from VCAA) is whether the states are *able* to refer a power so it becomes exclusive. To the best of my knowledge this has never been the subject of a dispute before, so the HCA has not given us a ruling on it. We just guess - and the guess is, probably not. (It has been discussed in obiter before, but there's no majority precedent on it that I know of.)

Regarding uniform laws, referrals very rarely result in uniform laws, because every single state needs to refer the power for this to happen. This did happen with terrorism, but even then it was a text based referral, where the states allowed the Commonwealth to pass the ONE piece of legislation, and the wording of that legislation was contained in the referral acts. The Commonwealth needs state permission to change that legislation. The states can still legislate in areas of 'terrorism' (after all, terrorism is just criminal law with a fancy and rather stupid/arbitrary name chucked on it), but if they conflict with the Commonwealth law in the area they can be challenged in the Federal Court.
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on November 07, 2014, 06:15:33 pm
Thanks Jawnie.

I just read out of the book that it overrides the original precedent, not sure if that means abrogate but I'll trust you :)
Another question! With last years exan, question 12, it asks you to analyse the impact of a referendum with regards to a case. The high scoring answer in the report seems to write all this unnecessary crap, or I'm doing it wrong. I thought I couldnjump right into the question talking about 1967 indigenous referendum and how the deletion of a few words saw a shift in the division of powers, but apparently you need to analyse some random points about referendums. I'm confused.

Brief intro on the 2 methods:
1-2 sentences outlining what each method is
Comment on how HC interp has historically impacted more on the d.o.p

Referendum:
1) The difficulty of achieving a double majority vote (generalise this)
2) Lack of bi-partisan support (generalise this)
3) Lack of level of voter understanding
These are often the reason why referendums are unsuccessful.

Then chuck in a however, these factors have seen to also largely contribute to the success of referendums and reference back to the 1967 referendum.
1) It achieved the double majority vote despite the difficulty of achieving it.
. The national YES vote was 90.77 %
. The highest 'yes' vote ever recorded in a federal referendum
. The YES vote was highest in Victoria and lowest in Western Australia
. Received a majority vote in all six states

2) The referendum contained bi-partisan support. This was because the Prime Minister at the time, Harold Holt, presented many reasons to why a YES vote should occur. These reasons include:
  Aborigines should be able to share the same status as non-indigenous Australians.
  To try and heal some of the wounds of discrimination
  To allow for uniformity within laws dealing with indigenous Australians- take away power from each of the states and give it to the Commonwealth.

3)To address the lack of level of understanding factor
What was unique about the cases presented were that no “NO” vote cases were presented. This would then tip the scales towards the yes-vote because there were no valid or strong arguments/ campaigns against a yes vote. Therefore, majority of people were unaware of why they shouldn’t vote yes, so instead, they complied with the presented yes arguments.

End with the impact
  This changed the balance of law making power in favour of the Commonwealth by giving them the right to make laws in areas where they previously were not able to. Because before the referendum, the states had residual power to make laws for the indigenous. It is now a concurrent power in which both the Commonwealth and states could legislate on.
  S109 guaranteed that any existing state laws that were inconsistent with Commonwealth law would no longer exist.
  Australia was able to pass the Racial Discrimination Act- the first federal anti-discrimination laws.
  Without the referendum, the Commonwealth would not have been able to pass this legislation to protect Indigenous people in this way.

- It changed/deleted section 51(xxvi) and section 123
- Could also draw on "the changeed law-making powers allowed subsequent parliaments to pass further laws in relation to Aboriginals. For example, in 1972 the Whitlam government established the Department of Aboriginal Affairs, and developed programs to address the needs of Aboriginal people in areas of employment, health, education, housing and the administration of justice.


Sorry it's all over the place. Overall, just pick out some points (not all) that you think is relevant from the 1967 referendum to illustrate your analysis of the factors affecting the likely success of referendum process. The focus of the question is on the method itself, not the case. Use the case to justify what you mentioned but don't let your answer be eaten by your example :P
This is just my approach, others may totally disagree but I hope this helps!
I'd use the same approach for HC interpretation.
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 07, 2014, 06:35:01 pm
Ok so I have a question, please don't judge me for not knowing this.  :-[

Mediation, cociliation, arbitration & judicial determination - which ones can be used in only VCAT and which ones in the courts ? Which can be used by both courts & VCAT? I still get confused by this.

I would appreciate if someone can answer this. Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 07, 2014, 06:45:06 pm
Ok so I have a question, please don't judge me for not knowing this.  :-[

Mediation, cociliation, arbitration & judicial determination - which ones can be used in only VCAT and which ones in the courts ? Which can be used by both courts & VCAT? I still get confused by this.

I would appreciate if someone can answer this. Thanks.

All four are used in VCAT, and all four are used in the courts :)

VCAT hearings use both arbitration and JD; they have some mediation programs; conciliation is usually done through a related body such as Consumer Affairs.

Court hearings and trials use JD, but they also have arbitration lists; pre-trial there are some mediation programs (and private mediation), and some private conciliation. There might be a conciliation program run pre-trial for some matters in the Supreme Court, but I'd have to check.
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 07, 2014, 06:54:56 pm
Ah, no - not quite. The ability of the Commonwealth to legislate on referred matters is in s51. Section 51 is a list of concurrent powers, so therefore the general assumption is that referred matters can also be used by the Commonwealth as though they were concurrent. Which means that Commonwealth law can override state law within the scope of the referral, pursuant to s109.

The area on which we still need clarity (from the HCA, though, not from VCAA) is whether the states are *able* to refer a power so it becomes exclusive. To the best of my knowledge this has never been the subject of a dispute before, so the HCA has not given us a ruling on it. We just guess - and the guess is, probably not. (It has been discussed in obiter before, but there's no majority precedent on it that I know of.)

Regarding uniform laws, referrals very rarely result in uniform laws, because every single state needs to refer the power for this to happen. This did happen with terrorism, but even then it was a text based referral, where the states allowed the Commonwealth to pass the ONE piece of legislation, and the wording of that legislation was contained in the referral acts. The Commonwealth needs state permission to change that legislation. The states can still legislate in areas of 'terrorism' (after all, terrorism is just criminal law with a fancy and rather stupid/arbitrary name chucked on it), but if they conflict with the Commonwealth law in the area they can be challenged in the Federal Court.

Thanks Megan! Much clearer  :)
Title: Re: VCE Legal Studies Question Thread
Post by: leftback on November 07, 2014, 07:20:32 pm
Thanks!!
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 07, 2014, 07:53:28 pm
just a question
when discussing the referendum (1967) how much info do we have to go into when talking about the background of it, like prior to conducting the referendum?
Title: Re: VCE Legal Studies Question Thread
Post by: gurlpls101 on November 07, 2014, 08:11:12 pm
just a question
when discussing the referendum (1967) how much info do we have to go into when talking about the background of it, like prior to conducting the referendum?
Hey,
I wouldn't worry too much about the background info of 67' referendum- it's about the impact and aftermath of the referendum.
An example of what you would talk about prior to the referendum would be:
Prior to this change to the Constitution all indigenous issues had been left with the states because they were deemed to have more specialised knowledge.
-   Section 51 (xxvi) of the Commonwealth Constitution stated that the commonwealth could make laws for ‘the people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make specials’.

Then, you would move to the impact the referendum had on altering the division of powers:
The wording of the Constitution changed:
Section 51 (xxvi) was changed by deleting the exclusion of Aborigines: ‘the people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make special laws.”
Section 127 was deleted: ‘In reckoning the numbers of the people of the Commonwealth…aboriginal natives should not be counted’
The responsibility for Aboriginal affairs was now a concurrent power. This allowed the Commonwealth to be involved in an area that had been the responsibility of the states
There was an increased in the law-making power of the Commonwealth Parliament, as it now had law-making power in another area
This changed law-making powers allowed subsequent parliaments in relation to Aboriginals. (1972- establishment of Department of Aboriginal Affairs)
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 08, 2014, 12:20:32 am
Hey,
I wouldn't worry too much about the background info of 67' referendum- it's about the impact and aftermath of the referendum.
An example of what you would talk about prior to the referendum would be:
Prior to this change to the Constitution all indigenous issues had been left with the states because they were deemed to have more specialised knowledge.
-   Section 51 (xxvi) of the Commonwealth Constitution stated that the commonwealth could make laws for ‘the people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make specials’.

Then, you would move to the impact the referendum had on altering the division of powers:
The wording of the Constitution changed:
Section 51 (xxvi) was changed by deleting the exclusion of Aborigines: ‘the people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make special laws.”
Section 127 was deleted: ‘In reckoning the numbers of the people of the Commonwealth…aboriginal natives should not be counted’
The responsibility for Aboriginal affairs was now a concurrent power. This allowed the Commonwealth to be involved in an area that had been the responsibility of the states
There was an increased in the law-making power of the Commonwealth Parliament, as it now had law-making power in another area
This changed law-making powers allowed subsequent parliaments in relation to Aboriginals. (1972- establishment of Department of Aboriginal Affairs)
Cheers :D
Title: Re: VCE Legal Studies Question Thread
Post by: cisforcereal on November 08, 2014, 11:02:06 am
Hey there, sorry if this has already been asked:

Is mediation legally binding? I'd been taught that it wasn't, but 2010 and 2012 reports say it is...? Would it be a good idea to leave this point out of any evaluate/compare question to be safe or how could I go about incorporating it into an argument?

Edit:
2010 exam report - Q5 compares arbitration and mediation, I think:
Sim:
• Both can result in a final decision that is binding, although the nature of the decision differs.

Diff:
• Decision – in arbitration the decision is binding, whereas in mediation the decision is not binding unless the
parties sign formal terms at its conclusion.


2012 exam report
Weaknesses (of mediation)
• Not binding: unless the parties enter into a binding agreement or terms of settlement at the end of the
mediation, the decision is not binding, thus risking one party reneging on their promise.


When comparing mediation, can I still use not legally binding as a point, but follow it up with unless the
parties sign formal terms at its conclusion
and still have it be different from arbitration? Thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 08, 2014, 02:45:39 pm
I have 3 questions

Firstly, when it comes to the role of the inquisitorial judge, is there one judge that can conduct both the investigation and questioning of witnesses at trial? or are there 2 different judges, an investigating judge that gathers the evidence, and a trial judge who is able to question witnesses?

Secondly, my text book does not offer a very good explanation of a directions hearing. What happens at a directions hearing? Also does a directions hearing clarify issues before going to court if so, how?

Finally, Q9.c on the CPAP 2013 practice examination no.2 says
"Anna and Stephen have worked together for ten years, with Anna purchasing goods from
Stephen to sell in her store. Recently they discovered they have been keeping secrets from
each other.
Anna has been trying to sell the business, even though she owes Stephen a lot of money for
items she bought on credit because he trusts her; while Stephen has been selling Anna faulty
items.
The mess is too big for Stephen and Anna to negotiate together and they have asked for your
help. Advise them on what you think the best avenue and method of resolution would be for
them, giving reasons for your answer."

Do we need the evaluate both the strengths and weaknesses of our chosen method and avenue or is it acceptable to argue just the strengths of our chosen method and avenue and compare them to the weaknesses of the other options?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on November 08, 2014, 09:23:11 pm
I have 3 questions

Firstly, when it comes to the role of the inquisitorial judge, is there one judge that can conduct both the investigation and questioning of witnesses at trial? or are there 2 different judges, an investigating judge that gathers the evidence, and a trial judge who is able to question witnesses?

Secondly, my text book does not offer a very good explanation of a directions hearing. What happens at a directions hearing? Also does a directions hearing clarify issues before going to court if so, how?

I think they have separate judges - an investigating magistrate and the trial judge, to keep things separate and independent. But they're all "judges" and the investigating magistrate compiles a dossier, questions witnesses etc. and assists the trial judge so they are not completely separate. But I don't think the trial judge does the bulk of the investigation.

Direction hearings = a brief hearing/ mainly administrative where issues are clarified: usually the final stages before the actual trial - lasts for like 15 mins (well, I attended two during work experience in year 10 and they were really brief). Thing I would say here is that ADR is most likely to be ordered here in civil matters.

Your third question, I will just leave to megan since she wrote that exam :) .

Hey there, sorry if this has already been asked:

Is mediation legally binding? I'd been taught that it wasn't, but 2010 and 2012 reports say it is...? Would it be a good idea to leave this point out of any evaluate/compare question to be safe or how could I go about incorporating it into an argument?

Edit:
2010 exam report - Q5 compares arbitration and mediation, I think:
Sim:
• Both can result in a final decision that is binding, although the nature of the decision differs.

Diff:
• Decision – in arbitration the decision is binding, whereas in mediation the decision is not binding unless the
parties sign formal terms at its conclusion.


2012 exam report
Weaknesses (of mediation)
• Not binding: unless the parties enter into a binding agreement or terms of settlement at the end of the
mediation, the decision is not binding, thus risking one party reneging on their promise.


When comparing mediation, can I still use not legally binding as a point, but follow it up with unless the
parties sign formal terms at its conclusion
and still have it be different from arbitration? Thanks in advance!
Yeah you can say that. I wrote mediation is not legally binding - period - in the exam and I don't think I lost any marks. But yeah, mediation technically only legally binding if they sign a deed of settlement (not sure how much power that has)...

just a question
when discussing the referendum (1967) how much info do we have to go into when talking about the background of it, like prior to conducting the referendum?
I think you should talk about mainly (as the study design says) how the division of power changed. You should add a few sentences of background info - don't completely discard it - such as, it recorded the "largest yes vote of around 91%" - and it is only one or two referenda that changed the d.o.p. Nothing beyond that, I recond.

In terms of impact, try to be specific - don't just list all the things it accomplished such as adding Aborigines to Fed census or allowing Fed parliament to make laws for them. But say, a residual power became a concurrent power, in favour of the Commonwealth parliament. s109 now applies, eroding some of the state's law-making powers etc.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on November 08, 2014, 09:44:12 pm
I'm really struggling on this one question

"How would the removal of committal hearings contribute to effective operation of the legal system, referencing the 3 elements of an effective legal system"

Any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 09, 2014, 09:06:07 am
when discussing referendum 1967, it will be best to mention the cancellation of s51 and s127 right?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2014, 01:02:47 pm
Finally, Q9.c on the CPAP 2013 practice examination no.2 says
"Anna and Stephen have worked together for ten years, with Anna purchasing goods from
Stephen to sell in her store. Recently they discovered they have been keeping secrets from
each other.
Anna has been trying to sell the business, even though she owes Stephen a lot of money for
items she bought on credit because he trusts her; while Stephen has been selling Anna faulty
items.
The mess is too big for Stephen and Anna to negotiate together and they have asked for your
help. Advise them on what you think the best avenue and method of resolution would be for
them, giving reasons for your answer."

Do we need the evaluate both the strengths and weaknesses of our chosen method and avenue or is it acceptable to argue just the strengths of our chosen method and avenue and compare them to the weaknesses of the other options?

Thanks :)

I specifically wrote that question to force people to make choices about what content they wanted to include and how they wanted to structure it. It might be slightly more ambiguous than something on the actual exam, but I've noticed that students avoid open-ended questions like there's something terrifying about them so I deliberately wanted that ambiguity. It's funny, because open-ended questions are often gifts: they let you choose what points you're best at, and structure your answer in the way that works best for you! And there aren't a whole bunch of 'compulsory' points you can overlook and that can kind of cap your marks.

Anyway! I left out any task word such as 'evaluate' or 'analyse' because I wanted you to choose the most logical way to answer, that used your best content. Therefore, I believe either method you outlined would be appropriate, and would respond to the wording of the question.

Personally, I would chuck in just a couple of weaknesses of the method and avenue I chose, almost as caveats or "even though..." points - simply because you're already learned them and written them up in your notes and memorised them, so why not get a little credit? But I didn't intend that to be 100% required by the question.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 10, 2014, 01:00:27 am
I specifically wrote that question to force people to make choices about what content they wanted to include and how they wanted to structure it. It might be slightly more ambiguous than something on the actual exam, but I've noticed that students avoid open-ended questions like there's something terrifying about them so I deliberately wanted that ambiguity. It's funny, because open-ended questions are often gifts: they let you choose what points you're best at, and structure your answer in the way that works best for you! And there aren't a whole bunch of 'compulsory' points you can overlook and that can kind of cap your marks.

Anyway! I left out any task word such as 'evaluate' or 'analyse' because I wanted you to choose the most logical way to answer, that used your best content. Therefore, I believe either method you outlined would be appropriate, and would respond to the wording of the question.

Personally, I would chuck in just a couple of weaknesses of the method and avenue I chose, almost as caveats or "even though..." points - simply because you're already learned them and written them up in your notes and memorised them, so why not get a little credit? But I didn't intend that to be 100% required by the question.


I thought I liked you Megan, until i read this
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on November 10, 2014, 03:41:41 am
Discuss the extent to which an injunction may achieve its purpose. (3 marks)

One non-financial remedy is an injunction. This is a court order that aims to compel the defendant to either undertake, or refrain from undertaking, actions to rectify or prevent a breach of rights. The purpose of this remedy is to ensure that the rights of the plaintiff may be restored as far as possible, or to prevent their rights from being breached any further and is effective in doing so given that it is enforceable if the opposing party breaches the terms. However, ....

What's a point that shows injunctions do not achieve their purpose?

Thanks guys!
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on November 10, 2014, 09:50:36 am
Discuss the extent to which an injunction may achieve its purpose. (3 marks)

One non-financial remedy is an injunction. This is a court order that aims to compel the defendant to either undertake, or refrain from undertaking, actions to rectify or prevent a breach of rights. The purpose of this remedy is to ensure that the rights of the plaintiff may be restored as far as possible, or to prevent their rights from being breached any further and is effective in doing so given that it is enforceable if the opposing party breaches the terms. However, ....

What's a point that shows injunctions do not achieve their purpose?
In the event that a person has suffered from financial loss or emotional loss, an injunction may be insufficient in restoring an individual to the position they were in prior to infringement. For example, in a medical malpractice case, if I got my arm chopped off, no mandatory injunction to resew my arm back on could restore any money I lost a) from missed work or b) from the emotional hardship I experienced as a result of the accident.
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 10, 2014, 10:07:35 am
Discuss the extent to which an injunction may achieve its purpose. (3 marks)

One non-financial remedy is an injunction. This is a court order that aims to compel the defendant to either undertake, or refrain from undertaking, actions to rectify or prevent a breach of rights. The purpose of this remedy is to ensure that the rights of the plaintiff may be restored as far as possible, or to prevent their rights from being breached any further and is effective in doing so given that it is enforceable if the opposing party breaches the terms. However, ....

What's a point that shows injunctions do not achieve their purpose?

Thanks guys!

You should also specify that injunctions have a purposeful timeframe. i.e. interlocutory and permanent.

A limit of injunctions is that they pretty much don't receive what damages give to properly restore the plaintiff. Also if they have like emotional trauma etc. they won't be restored.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 10, 2014, 11:04:45 am

I thought I liked you Megan, until i read this

It's okay: no-one really likes me once they get to know me. You're not alone.
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 10, 2014, 11:07:17 am
With regards to the effects on shifts in the division of powers with regards to referendum and high court interpretation, how much are you meant to know about cases?

There have been like four mark questions asking me to analyse the impact of a high court interpretation on the division of powers using a case you have studied. I don't know if I have to solely base everything around that case, or if I can talk about the impact of HC interpretations like it being given meaning or solving disputes among parliaments unsure of their jurisdictions, and also include a little bit of fact about the case and its impact? With HC interpretation (and referendum) I have very little go on. i.e. with regards to the Franklin Dam Case, all I can really say is that Cth was able to make laws in an area of residual laws when using their power of external affairs when acting under obligations of international treaties, thus states saw a loss of power and Cth saw an increase in power at the expense of states becoming concurrent.

Would that be right or am I doing it wrong? When it has questions like with regards to a case, analyse the impact. .. I dont know if it has to be all on the case cause if it is I'll fail.
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on November 10, 2014, 11:23:56 am
Sorry for double post, I just really am struggling with this.

"How would the removal of committal hearings contribute to effective operation of the legal system, referencing the 3 elements of an effective legal system"

Any help would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 02:14:56 pm
One successful referendum on the impact of division of law making powers (4 marks)
Referendums generally do not have a great impact on the division of law making powers, as the process (as stipulated under s128) is an immensely difficult process. Only 8 out of 44 referendums have succeeded, 4 altering the division of law making powers including 2 on state debts, one on social securities, and another pertaining to aboriginal affairs.

The 1967 Referendum revolved around whether the Cth could make laws in respects to the Indigenous, and if the Indigenous should be included in the national Census. Prior to the referendum, all Aboriginal affairs were left to the States as they were deemed to have more specialised knowledge, and the Indigenous Australians were not included in the Australian Census. However, after the referendum was conducted, a clear majority showcased the need for change, specifically 90.77%.

The impact of the referendum was that s51(xxvi) was amended, and s127 was discarded, thus allowing Aboriginals to be included ‘in the reckoning of the population’. Aboriginal affairs was now a concurrent powers (previously a residual power), thus granting more power in favour of the Cth as they could legislate in areas that were previously the domain of the states. S109 now applies pertaining to Aboriginal affairs, thus eroding some law making powers of the States.




ummmm is this ok?
Title: Re: VCE Legal Studies Question Thread
Post by: Politics on November 10, 2014, 02:28:58 pm
How did it become a concurrent power? I've heard that said a couple times?
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 02:30:34 pm
How did it become a concurrent power? I've heard that said a couple times?
idk thats what is said in the book,
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 10, 2014, 02:53:09 pm
idk thats what is said in the book,
How did it become a concurrent power? I've heard that said a couple times?
i dont think concurrent power is specific enough for 4 marks..
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 02:55:39 pm
i dont think concurrent power is specific enough for 4 marks..
what else do i have to chuck in?
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 10, 2014, 03:05:15 pm
you might want to change your first sentence. were talking about success and initially you hit us with the negatives lol something like this maybe?

"Despite the referendums being generally an immense difficult process to impact on the division of law making powers (as stipulated under s128), there has been evident successes and impacts such as blah blah. Only 8 out of 44 referendums have succeeded..."

also touch on linking otherwise great stats.
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 03:17:00 pm
you might want to change your first sentence. were talking about success and initially you hit us with the negatives lol something like this maybe?

"Despite the referendums being generally an immense difficult process to impact on the division of law making powers (as stipulated under s128), there has been evident successes and impacts such as blah blah. Only 8 out of 44 referendums have succeeded..."

also touch on linking otherwise great stats.
cheers insta boy
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 10, 2014, 03:22:11 pm
cheers insta boy
really  8)
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 10, 2014, 03:45:48 pm
Are rules of procedure used in VCAT?
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 03:52:48 pm
With the use of an illustrative example, explain how the H.C can impact on the rights protection in Aus (4 marks)

The H.C has been charged with being the guardian of the Const. It is the only court that can hear constitutional disputes as articulated under s76. It interpretation of the Const can change the meaning of words and phrases and its decision can effect rights protected.

In the case of Roach vs the Electoral Commissioner (2007), The H.C was called upon to examine amendments to the Cth Electoral Act and to determine their constitutional validity. The amendment prevented all prisoners from voting in elections (previous legislation only prevented those who were serving a sentence of over 3 years).

The H.C found that the amendment was unconstitutional and therefore void, as it was contrary to the principle of Representative Government. The court found that the Const demands that memebers of the Parliament must be chosen directly by the people (noted under s7 and 24), so that there is a right to vote in order to uphold this principle.

Thus, the decision confirmed that there is a right to vote enshrined within the structure and mechanisms of the Const, specifically Representative Government.

ummmm help?
Title: Re: VCE Legal Studies Question Thread
Post by: georgiee on November 10, 2014, 04:04:36 pm
ive seen this in many of the assessment reports, can someone please explain what it means further? is it referring to the d v s lord atkin principle??

"the doctrine of precedent allows for some flexibility. The law can be expressed as a general principle (for
example, the ‘neighbour test’) allowing the courts to adapt the law to fit the circumstances before the court. "
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on November 10, 2014, 04:31:35 pm
10 MARKS: Compare the effectiveness of parliament and courts as law makers, indicating which you believe is better.

I can easily evaluate the effectiveness of parliament or the courts separately, but how would I structure my answer for this question? What points can I compare? Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: joannesbitx on November 10, 2014, 04:42:16 pm
what do you guys think will be the 10 marker?
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 10, 2014, 05:16:52 pm
what do you guys think will be the 10 marker?
hopefully some easy question lol
With the use of an illustrative example, explain how the H.C can impact on the rights protection in Aus (4 marks)

The H.C has been charged with being the guardian of the Const. It is the only court that can hear constitutional disputes as articulated under s76. It interpretation of the Const can change the meaning of words and phrases and its decision can effect rights protected.

In the case of Roach vs the Electoral Commissioner (2007), The H.C was called upon to examine amendments to the Cth Electoral Act and to determine their constitutional validity. The amendment prevented all prisoners from voting in elections (previous legislation only prevented those who were serving a sentence of over 3 years).

The H.C found that the amendment was unconstitutional and therefore void, as it was contrary to the principle of Representative Government. The court found that the Const demands that memebers of the Parliament must be chosen directly by the people (noted under s7 and 24), so that there is a right to vote in order to uphold this principle.

Thus, the decision confirmed that there is a right to vote enshrined within the structure and mechanisms of the Const, specifically Representative Government.

ummmm help?
help with? seems top notch to me
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 05:31:59 pm
help with? seems top notch to me
cheers cuz
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 10, 2014, 06:04:40 pm
Why do courts sometimes have to interpret statutes?
Title: Re: VCE Legal Studies Question Thread
Post by: sarah_a on November 10, 2014, 06:09:12 pm
10 MARKS: Compare the effectiveness of parliament and courts as law makers, indicating which you believe is better.

I can easily evaluate the effectiveness of parliament or the courts separately, but how would I structure my answer for this question? What points can I compare? Thanks!

One way you could go about it is by dedicating one paragraph to analysing the effectiveness of parliament as a law-maker, second paragraph for courts and then a final paragraph drawing a comparison between them. So an example could be that while parliament is responsive and flexible, and thus readily able to legislate on an area of need, courts are restricted in that they must wait for a case to come before them.
Another comparison is that while parliament may avoid legislating in areas that are highly controversial due to fear of voter backlash, judges are not elected and thus are able to make decisions without concern of public or media pressure. A similarity could be that both are time consuming and experience delays.
Title: Re: VCE Legal Studies Question Thread
Post by: sarah_a on November 10, 2014, 06:13:25 pm
Why do courts sometimes have to interpret statutes?

Courts may need to interpret statutes for any of these reasons: legislative intention is unclear, meaning of words are ambiguous, meaning of words change over time, technological advances (technology develops faster than law, and so the courts interpretation of a statute may ensure that the law remains relevant to society.
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 10, 2014, 06:24:42 pm
Courts may need to interpret statutes for any of these reasons: legislative intention is unclear, meaning of words are ambiguous, meaning of words change over time, technological advances (technology develops faster than law, and so the courts interpretation of a statute may ensure that the law remains relevant to society.
ty
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 10, 2014, 06:37:24 pm
ty
wow couldve just asked me
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 10, 2014, 06:48:04 pm
I'm probably now well known for asking stupid questions. Well here's another one.


Why doesn't the County Court have appellate jurisdiction in civil cases???


Someone answer please  :)
Title: Re: VCE Legal Studies Question Thread
Post by: sarah_a on November 10, 2014, 07:09:09 pm
I'm probably now well known for asking stupid questions. Well here's another one.


Why doesn't the County Court have appellate jurisdiction in civil cases???


Someone answer please  :)

I'm not 100% sure but i'd say maybe because of how busy the County Court would be hearing the majority of disputes of unlimited claims, so to minimise delays it goes to they go to the Supreme Court?
Title: Re: VCE Legal Studies Question Thread
Post by: metalfingers on November 10, 2014, 07:22:24 pm
what does everyone think the 'strengths/weaknesses of ___ evaluate blah blah blah' question/s will be on this year?
Title: Re: VCE Legal Studies Question Thread
Post by: Emmy_xoxo on November 10, 2014, 07:50:14 pm
Quick question here - when talking about criminal sanctions do we have to include community correction orders (CCO's), because I've heard that courts or something ruled them out this year so they don't exist anymore... so should we still include them in the exam??
Thanks! :)
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 10, 2014, 07:52:17 pm
Quick question here - when talking about criminal sanctions do we have to include community correction orders (CCO's), because I've heard that courts or something ruled them out this year so they don't exist anymore... so should we still include them in the exam??
Thanks! :)

You can talk about whatever you want. I'll be using CCO's, imprisonment and a fine. I'm pretty sure they still exist, that would be bizarre if they didn't.
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 10, 2014, 07:58:18 pm
Quick question here - when talking about criminal sanctions do we have to include community correction orders (CCO's), because I've heard that courts or something ruled them out this year so they don't exist anymore... so should we still include them in the exam??
Thanks! :)


CCO's still exist! I think it's suspended sentences you're thinking of that don't exist anymore :)
Title: Re: VCE Legal Studies Question Thread
Post by: Emmy_xoxo on November 10, 2014, 08:00:34 pm

CCO's still exist! I think it's suspended sentences you're thinking of that don't exist anymore :)

Oh yes! thanks! I got confused haha so its suspended sentences that we don't include?
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 10, 2014, 08:03:01 pm
IGNORE THIS IS JUST A REVISION LIST FOR TOMORROW.

Progress of bill
Strengths and weaknesses of parliament
Examples of the powers of Cth/State
Restrictions and their sections
the significance of one High Court case relating to the constitutional protection of rights in Australia (wtf is this)
Australia’s constitutional approach to the protection of rights and the approach adopted in one of the following countries: Canada, New Zealand, South Africa, or the United States of America.
strengths and weaknesses of law-making through the courts
All Unit 4 AOS1. all unit 4
All Unit 4 AOS2.
Title: Re: VCE Legal Studies Question Thread
Post by: clidedescope on November 10, 2014, 08:04:26 pm
Hey guys, I was wondering if anybody would be able to give me an indication of what this answer would be awarded out of 10 marks? It's really hard trying to mark your own work, because you can't tell if you genuinely deserved a mark or if you're just biased haha. I'm happy to try and return the favour!

Question 13 of the 2012 VCAA exam: ‘Rights in Australia are well protected by the Commonwealth Constitution, in part because of section 128 of the Constitution.’ Discuss the extent to which you agree or disagree with the above statement. In your answer, explain the significance of one High Court case that you studied related to the constitutional protection of rights in Australia. (10 marks)

"I partially agree with the statement. While it is true that the referendum process outlined in S128 helps preserve the rights, the narrow scope of rights protected brings into question whether rights as a whole are “well protected” by the Constitution.

Section 128, the referendum process, requires that a change in the Constitution fulfills many requirements. It must first be approved by both houses of parliament (or one house twice after three months), then it must be approved by the people. A majority of Australians who may vote and a majority of people in a majority of states must agree to the change before the Constitution may be altered. This makes rights well protected as if they are at risk of being taken, it is unlikely the double majority provision will be met as the people would not agree.

However, the Constitution is limited in the number of rights it protects. There are only 5 express rights, such as the freedom of religion (S116), that the constitution protects. It also contains one implied right – a right that is not expressly written in the Constitution, but is believed to have been intended by the writers at the time of federation. Therefore, while these 6 rights are unlikely to change and therefore are well protected, other rights that are not included in the Constitution are not well protected, making the Constitution lacking protection of rights overall.

Furthermore, the tedious process of S128 of changing the Constitution also makes it difficult to add rights to be protected, which is another set back of using it to protect rights.

However, while S128 may not be entirely beneficial, the High Court can serve to protect indirect rights in the decisions it makes on cases it sees before them. The right of representative government was protected in Vicky Lee Roach v The Electoral Commissioner (2007). The ‘Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006’ prevented all convicted and sentenced prisoners from voting in a federal election. Roach, who was serving a 6 year sentence at the time, argued that this legislation was unconstitutional as it went against the idea of representative government (S7 and S24 of the Constitution). The High Court removed the restriction on all prisoners, but the restriction on prisoners serving 3+ years remained. Overall, it protected the right of representative government.

This case represents that the High Court is able to protect rights that are laid out in the Constitution by declaring legislation in conflict with the rights unconstitutional, and therefore invalid.

Ultimately, S128 of the Constitution protects the rights laid out within the Constitution well – however, there are only few rights it can protect. The High Court is also capable of protecting Constitutional rights as it makes decisions on certain cases, declaring conflicting legislation invalid. Therefore, I only partially agree with the statement."
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 10, 2014, 09:50:16 pm
Hey guys, I was wondering if anybody would be able to give me an indication of what this answer would be awarded out of 10 marks? It's really hard trying to mark your own work, because you can't tell if you genuinely deserved a mark or if you're just biased haha. I'm happy to try and return the favour!
You expressed your opinion on the statement, so you've done well thus far.
You addressed the rights in detail. I would think that the rights are probably worth 2 marks max, so I'd just be saying what they are and giving an example. i.e. express rights are rights explicitly stated in the constitution. I'd give a strength and weakness of this in protecting our rights. I would do the same for structural protection and express rights.
Then I would talk about the referendum and how it protects peoples rights by providing a constitution that can't be changed without a referendum which has strict processes which only the people can influence. However, it is therefore difficult to add or amend words to the constitution to improve on people's rights due to the strict process.
Then I would talk about the high court interpretation case and lee roach vs commission, and the right to vote.

I think you did pretty well, but you've tried to be too complex in writing your answer in my opinion and your structure as a result sort of makes it harder to give marks. You jump from referendum to individual protection of rights back to referendum. I'd be focussing on them all individually to allow your assessor to give you marks.

But I'd probably give you an 8. You didn't address structural protections, the mechanisms set up throughout the constitution that provide indirect protections to the people in dealing with Cth Parliament. If you did that I'd give you ten.

That being said, all of this is just how I would do it. You obviously not your stuff, I just think your structuring for a 10 marker is a bit off.
Title: Re: VCE Legal Studies Question Thread
Post by: clidedescope on November 10, 2014, 10:02:17 pm
That being said, all of this is just how I would do it. You obviously not your stuff, I just think your structuring for a 10 marker is a bit off.

Thank you so much! I really appreciate it, legal has been stressing me out all day so getting some worthwhile feedback was just what I needed. There's nothing like a bit of last minute revision, haha.
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 10, 2014, 10:19:54 pm
Is an increase in legal aid funding considered a possible reform?
or is this idea outdated now?
Title: Re: VCE Legal Studies Question Thread
Post by: clidedescope on November 10, 2014, 10:24:38 pm
Is an increase in legal aid funding considered a possible reform?
or is this idea outdated now?

It's listed as a reform in my textbook, which is only two years old, so I'm guessing it's okay to say that. But if you're not sure, I'd check past examiners reports for questions asking about potential reforms and see if it's listed there :)
Title: Re: VCE Legal Studies Question Thread
Post by: Jawnle on November 10, 2014, 10:25:56 pm
Is an increase in legal aid funding considered a possible reform?
or is this idea outdated now?

One that's similar to legal aid is to 'create an Office for Self-Represented litigants' that offers free advice to litigants conducting their own legal case as a recommendation. (then just make up bs expanding this - like how they have a hard time without legal reps as is it difficult to understand complex procedures and how this office can help etc etc)
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 10, 2014, 10:28:06 pm
It's listed as a reform in my textbook, which is only two years old, so I'm guessing it's okay to say that. But if you're not sure, I'd check past examiners reports for questions asking about potential reforms and see if it's listed there :)

Yeah have read past examiners reports the only thing that has been mentioned is not to use it as a recent change to the legal system which is fair enough because it has been around for hundreds of years but increasing it is a whole other story. Anyway I was just considering it as a back up one. How many possible reforms are we supposed to know?
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 10, 2014, 10:29:32 pm
One that's similar to legal aid is to 'create an Office for Self-Represented litigants' that offers free advice to litigants conducting their own legal case as a recommendation. (then just make up bs expanding this - like how they have a hard time without legal reps as is it difficult to understand complex procedures and how this office can help etc etc)

Cheers!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: connie990 on November 10, 2014, 10:34:18 pm
Oh yes! thanks! I got confused haha so its suspended sentences that we don't include?


Yep don't include them
Title: Re: VCE Legal Studies Question Thread
Post by: AmericanBeauty on November 11, 2014, 09:26:26 am
I. HAVE. SO. MUCH. TO. CRAM.

I haven't done one practice exam. sigh.
Title: Re: VCE Legal Studies Question Thread
Post by: Emmy_xoxo on November 11, 2014, 11:40:56 am
I. HAVE. SO. MUCH. TO. CRAM.

I haven't done one practice exam. sigh.

Don't worry about practice exams just look and some of the questions in past exams so you can see how they are structured and look at examiners reports to see how they would like answers to look like :)
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 11, 2014, 12:12:49 pm
Less than 3 hours to go!
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 11, 2014, 12:46:17 pm
Less than 3 hours to go!
want it to end so bad omfg
Title: Re: VCE Legal Studies Question Thread
Post by: Shanae1997 on November 11, 2014, 01:24:28 pm
want it to end so bad omfg
I couldn't agree with you more. I never want to hear the phrase 'strengths and weaknesses' again
Title: Re: VCE Legal Studies Question Thread
Post by: Zephero on November 11, 2014, 05:58:25 pm
I found the 10 marker to be easy, unfortunatelt I can't say the same for the 8 marker asking you to talk about how VCAT can overcome the weaknesses of civil pre trial procedures, my answer for that was pretty BS.
Title: Re: VCE Legal Studies Question Thread
Post by: skip44 on November 11, 2014, 06:04:38 pm
I found the 10 marker to be easy, unfortunatelt I can't say the same for the 8 marker asking you to talk about how VCAT can overcome the weaknesses of civil pre trial procedures, my answer for that was pretty BS.

Same!! The 8 mark one was very weird, what did you say?
Title: Re: VCE Legal Studies Question Thread
Post by: jessicafoster on November 11, 2014, 07:07:07 pm
I found the 10 marker to be easy, unfortunatelt I can't say the same for the 8 marker asking you to talk about how VCAT can overcome the weaknesses of civil pre trial procedures, my answer for that was pretty BS.
i wrote about cost and time.... is that even right?
Title: Re: VCE Legal Studies Question Thread
Post by: militarisation on November 11, 2014, 07:12:00 pm
ease 10 marker
Title: Re: VCE Legal Studies Question Thread
Post by: Squirt on November 11, 2014, 07:24:38 pm

i wrote about cost and time.... is that even right?
I used cost and time also.
Title: Re: VCE Legal Studies Question Thread
Post by: thechicken103 on November 11, 2014, 08:21:28 pm
I used cost and time also.
Same here
Title: Re: VCE Legal Studies Question Thread
Post by: maddihanna on January 25, 2015, 10:20:26 pm
Anybody want to throw out a few ideas for this question?

Outline the role of the Governor-General. In what important way does the role differ to that of the Governor of Victoria?

I know the main differences e.g state and federal level, power to withhold royal assent etc etc
But my textbook isn't giving me much more!
Thanks in advance :)
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on January 25, 2015, 10:52:53 pm
Anybody want to throw out a few ideas for this question?

Outline the role of the Governor-General. In what important way does the role differ to that of the Governor of Victoria?

I know the main differences e.g state and federal level, power to withhold royal assent etc etc
But my textbook isn't giving me much more!
Thanks in advance :)
I mean it's a really bad question and shouldn't be worth more than 2 or 3 marks.
You can take this as a "no duh" question and write - "the Governor of Victoria designates and prorogues parliamentary sessions for the Parliament of Victoria whilst also acting as the head of the executive for Victoria; whereas the Governor-General acts as the the Queen's Representative for Australia, designating and proroguing parliamentary sessions for the Commonwealth parliament." But I would argue this wouldn't be necessary

The main difference is that the Governors have limited reserve powers whereas Governors-General have arguable more Constitutional reserve powers (such as withholding Royal Assent as you correctly mentioned). I would make it clear to the examiner that you know the Governor-General is on a Federal level whereas the Governor is on a State level.

The main catch (where people will likely lose marks) in this question is forgetting to outline the role of the Governor-General...
Title: Re: VCE Legal Studies Question Thread
Post by: maddihanna on February 08, 2015, 04:04:21 pm
Me again! Just wondering if somebody could help me out with this question?
Thank you in advance! :) :)

Identify two checks and balances that operate in our system of government to ensure the separation of powers is followed. (2 marks)

Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on February 11, 2015, 05:45:43 pm
Evaluate the strengths and weaknesses of parliament as a law-making body, (No dot points)
Title: Re: VCE Legal Studies Question Thread
Post by: lisax3 on February 11, 2015, 07:10:46 pm
Can someone please help me on this question? How do I structure it and what do I write?
It's worth 5 marks
Title: Re: VCE Legal Studies Question Thread
Post by: vanessa14 on March 05, 2015, 06:20:02 pm
Can someone please help me on this question? How do I structure it and what do I write?
It's worth 5 marks

I had the same question  :( and I didnt know how to answer it on the SAC.
Title: Re: VCE Legal Studies Question Thread
Post by: lido on March 12, 2015, 08:50:32 pm
Hi, how do you explain the difference between representative and responsible government exam-style?
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on March 12, 2015, 09:34:39 pm
Hi, how do you explain the difference between representative and responsible government exam-style?
It depends on the marks, but I'd just go so far as providing a definition and brief explanation of what both of the concepts mean. If you were really low on time then you could go to the chief difference between the two, but this would just basically be a shorter definition (and you might use a word such as "whereas" to signal you're showing a difference in the concepts. However, this is a question more likely to be at the start of the exam.

E.g:
Responsible government is a parliamentary principle which refers to the government being accountable/answerable for its actions. The government is answerable to parliament, and parliament to the people. To ensure accountability, there is public scrutiny of the legislative process (proceedings transcribed in Hansard; question time; parliamentary sessions are open to the public).

Representative government is another principle that refers to a government as reflecting the wishes of the voters of Australia. It ensures that there is a government made up of representatives who are chosen by the people (e.g. members of the Legislative Council are directly elected by and reflect the wishes of the majority of voters in Victoria). If a government is no longer representative, it will not be re-elected come the next election.
Title: Re: VCE Legal Studies Question Thread
Post by: lisax3 on March 13, 2015, 07:32:50 am
How do you know whether you're putting too much detail or too less in your answers?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 13, 2015, 11:21:08 am
It depends on the marks, but I'd just go so far as providing a definition and brief explanation of what both of the concepts mean. If you were really low on time then you could go to the chief difference between the two, but this would just basically be a shorter definition (and you might use a word such as "whereas" to signal you're showing a difference in the concepts. However, this is a question more likely to be at the start of the exam.

E.g:
Responsible government is a parliamentary principle which refers to the government being accountable/answerable for its actions. The government is answerable to parliament, and parliament to the people. To ensure accountability, there is public scrutiny of the legislative process (proceedings transcribed in Hansard; question time; parliamentary sessions are open to the public).

Representative government is another principle that refers to a government as reflecting the wishes of the voters of Australia. It ensures that there is a government made up of representatives who are chosen by the people (e.g. members of the Legislative Council are directly elected by and reflect the wishes of the majority of voters in Victoria). If a government is no longer representative, it will not be re-elected come the next election.

I really like your two definitions - but be careful, because you're not actually addressing the (hypothesised) task word of 'differentiate'. This is just two definitions, with differences implied -and they have to be explicit. Addressing the task word would involve going into the specific differences between them, and then *using* the definitions as illustrative detail for each point. Just as much detail and just as long, but structured quite differently.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 13, 2015, 11:24:06 am
How do you know whether you're putting too much detail or too less in your answers?

You're putting too much in if you can't answer the question within the allocated time (assuming you write at normal to fast speed and haven't chucked a bunch of irrelevant stuff in, too). You're putting too little in if you're consistently writing under time or fewer than approx 3-5 lines per mark (depending on the task word).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 13, 2015, 11:25:42 am
So how would I differentiate between the two? I'm struggling to phrase it.

You just say what the differences are. You know what the two definitions are - just go through them and find the contrasts.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 03, 2015, 05:37:16 pm
hey guys,
so i basically have the same problem lido i don't know how to distinguish between the two through similarities and differences, i was told to just stick "in contrast" in the middle of my two definitions and leave it be. so i tried to fix it by starting out by pointing out a similarity, then talking about the differences and then ending on a similarity again in the answer below??? it that right??? is a "distinguish" task word that wants similarities/differences only??  if you could pretty please mark this/help me understand what i'm doing wrong it would be a great help! thank you very much!!!! :)

Distinguish between representative and responsible government. (4 marks? 2 marks? what do you think the mark allocation would be?)

The principles of representative and responsible government similarly seek to protect and allow for the continued existence of democratic structures and functions; however in essence they refer to different qualities within Australia’s parliamentary structure.  Representative government refers to an elected government that characterizes the views of the majority of people. This is seen through the fact that the government consists of elected members of parliament who are chosen by the people through democratic means. Responsible government in contrast, refers to a government which is accountable to the parliament, and therefore is answerable to the people, for its actions. This is seen, for example, through the parliamentary process of ministerial accountability, as ministers are responsible for their portfolios and can be called on in Parliament to explain their actions. Australia’s democracy exercises both these principles in a complementary manner; if a government makes legislation which is not reflective of the people’s needs – and is therefore not representative, it is likely it will be voted out of office come next election – allowing the government to be  held accountable.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 03, 2015, 06:29:09 pm
hey guys,
so i basically have the same problem lido i don't know how to distinguish between the two through similarities and differences, i was told to just stick "in contrast" in the middle of my two definitions and leave it be. so i tried to fix it by starting out by pointing out a similarity, then talking about the differences and then ending on a similarity again in the answer below??? it that right??? is a "distinguish" task word that wants similarities/differences only??  if you could pretty please mark this/help me understand what i'm doing wrong it would be a great help! thank you very much!!!! :)

Distinguish between representative and responsible government. (4 marks? 2 marks? what do you think the mark allocation would be?)

The principles of representative and responsible government similarly seek to protect and allow for the continued existence of democratic structures and functions; however in essence they refer to different qualities within Australia’s parliamentary structure.  Representative government refers to an elected government that characterizes the views of the majority of people. This is seen through the fact that the government consists of elected members of parliament who are chosen by the people through democratic means. Responsible government in contrast, refers to a government which is accountable to the parliament, and therefore is answerable to the people, for its actions. This is seen, for example, through the parliamentary process of ministerial accountability, as ministers are responsible for their portfolios and can be called on in Parliament to explain their actions. Australia’s democracy exercises both these principles in a complementary manner; if a government makes legislation which is not reflective of the people’s needs – and is therefore not representative, it is likely it will be voted out of office come next election – allowing the government to be  held accountable.

I think probably 2 marks - maybe 3. If it says 'compare' you need both sims and diffs; if it says 'distinguish', just diffs.

I like your last sentence, and the start of your first one. The end of your first sentence is a little vague, and in the middle it's not clear why being elected and being accountable are different: aren't elections one way of enforcing accountability? And the examples haven't been used to illustrate your differences - you're using them as stock examples of your definitions, yes?

If it helps you to start with the two definitions then by all means do it and get that content down, but the comparison part really needs to be about figuring out what point you want to make that involves the two of them and saying it with the two things in the one sentence (repeat for further points). Maybe the reason you're having trouble is you're not sure what the differences are, and not because you're not sure how to write/structure them...?
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 03, 2015, 07:25:14 pm
Thank you meganrobyn for the feedback!!! :) i tried to incorporate it by using the examples more and trying to stress difference, i'm not sure i got it right though. if anyone has time to look at  this and give any constructive crit. i'd be super greatful!!!

Distinguish between representative and responsible government. (3 marks)

Representative government refers to an elected government that characterizes the views of the majority of people.Responsible government in contrast, refers to a government which is accountable to the parliament, and therefore is answerable to the people, for its actions. Where representative government ensures that current legislation created by Parliament is in accord to community views and values, responsible government enshrines the idea of enforceability - if Parliament creates legislation which is not reflective of the people's needs, they are likely to be voted out of office and therefore be held accountable for their actions. Representative government can thus be seen in the very system of voting, as the government is made to consist of elected members of parliament who are chosen by the people, whereas responsible government is clear in the idea of ministerial accountability, as ministers are responsible for their portfolios and can be called on in Parliament to explain their actions.
((Thus while both the principles of representative and responsible government are intrinsically interwoven within the nature and structure of Australia's democratic system, there are innate differences between the two ideals.))
do i need this last sentence??? will i lose marks if i don't have it??? was this better?????
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 04, 2015, 08:20:00 am
Thank you meganrobyn for the feedback!!! :) i tried to incorporate it by using the examples more and trying to stress difference, i'm not sure i got it right though. if anyone has time to look at  this and give any constructive crit. i'd be super greatful!!!

Distinguish between representative and responsible government. (3 marks)

Representative government refers to an elected government that characterizes the views of the majority of people.Responsible government in contrast, refers to a government which is accountable to the parliament, and therefore is answerable to the people, for its actions. Where representative government ensures that current legislation created by Parliament is in accord to community views and values, responsible government enshrines the idea of enforceability - if Parliament creates legislation which is not reflective of the people's needs, they are likely to be voted out of office and therefore be held accountable for their actions. Representative government can thus be seen in the very system of voting, as the government is made to consist of elected members of parliament who are chosen by the people, whereas responsible government is clear in the idea of ministerial accountability, as ministers are responsible for their portfolios and can be called on in Parliament to explain their actions.
((Thus while both the principles of representative and responsible government are intrinsically interwoven within the nature and structure of Australia's democratic system, there are innate differences between the two ideals.))
do i need this last sentence??? will i lose marks if i don't have it??? was this better?????

I think that's much better :) And, no, you don't need that last sentence! It doesn't provide any more information, and you don't need 'senses of closure' in Legal Studies.

I especially like the third sentence; after the dash, in particular, you explicitly draw the two together, which is what is usually lacking from distinguish/compare/etc questions. Doing that shows you actually understand how the two work and can analyse points of comparison and difference, and that you haven't just learnt two definitions and put 'however' in the middle ;)

Other points you may wish to consider include the fact that responsible government is concentrated mainly on the executive arm, as they need to be held accountable between elections (and even elections are no better than *indirect* mechanisms on the executive, given it's the *legislature* that is being elected first and foremost), whereas representative government is the election of the parliament and is therefore concentrated mainly on the legislative arm. Also, that representative government is more about putting representatives into power, whereas responsible government is about scrutinising them once they're there and possibly removing them from power.

Similarities (not required in this question) would then be things such as elections - putting reps in for representative government and holding government and law-makers accountable in responsible government; both provide structural protection of rights; and others I'm too lazy to think of right now!

You can always get yourself warmed up with the definitions when you're doing a compare/distinguish/etc, but that's not the part that answers the task word, because it doesn't show understanding. So your goal is really to use the task word to show you understand how things work.

Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 04, 2015, 11:22:14 am
I think that's much better :) And, no, you don't need that last sentence! It doesn't provide any more information, and you don't need 'senses of closure' in Legal Studies.

I especially like the third sentence; after the dash, in particular, you explicitly draw the two together, which is what is usually lacking from distinguish/compare/etc questions. Doing that shows you actually understand how the two work and can analyse points of comparison and difference, and that you haven't just learnt two definitions and put 'however' in the middle ;)

Other points you may wish to consider include the fact that responsible government is concentrated mainly on the executive arm, as they need to be held accountable between elections (and even elections are no better than *indirect* mechanisms on the executive, given it's the *legislature* that is being elected first and foremost), whereas representative government is the election of the parliament and is therefore concentrated mainly on the legislative arm. Also, that representative government is more about putting representatives into power, whereas responsible government is about scrutinising them once they're there and possibly removing them from power.

Similarities (not required in this question) would then be things such as elections - putting reps in for representative government and holding government and law-makers accountable in responsible government; both provide structural protection of rights; and others I'm too lazy to think of right now!

You can always get yourself warmed up with the definitions when you're doing a compare/distinguish/etc, but that's not the part that answers the task word, because it doesn't show understanding. So your goal is really to use the task word to show you understand how things work.



Thank you so so much! I think I understand now :) :)
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 07, 2015, 11:44:35 am
Hi!
Since I was having trouble with the task word in "distinguishing" type questions i thought to try another one out: probably not what anyone will ask, but oh well! If anyone could look over  this and see if what i'm saying is right, that'd be wonderful!! :) Thankyou very much.

Distinguish between the structures of Parliament and government. (2 marks)

Parliament is the supreme lawmaking body within its jurisdiction, consisting of all democratically elected members of both houses as well as the Crown's representative. Government, in contrast, is formed by the political party that achieves the largest number of voted members into the lower house. Thus the structures of Parliament and government have different functions; where government initiates laws, Parliament is  the body which creates them. Furthermore where government acts to represent the views and values of the people through democratically elected mean, the institution of Parliament serves to hold the government accountable to the people. This is seen, for example, through question time as ministers are question time, where ministers face queries of the portfolios and the decisions they have made by other members of Parliament.
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on April 07, 2015, 11:52:31 am
@thaaanyan: That is an extremely odd question and I don't think VCAA would ever/have ever asked it before. Parliament and government are two separate ideas- one is a law-making body and the other is a political party. The way you've worded it seems overall correct. It's good that you're adding evidence to your responses to ensure marks, but I'm curious as to where you got this question from.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 07, 2015, 12:38:32 pm
@thaaanyan: That is an extremely odd question and I don't think VCAA would ever/have ever asked it before. Parliament and government are two separate ideas- one is a law-making body and the other is a political party. The way your worded it seems overall correct. It's good that you're adding evidence to your responses to ensure marks, but I'm curious as to where you got this question from.
yeah, i agree i highly doubt it's likely anyone is gonna ask this. particularly since government operates within the Parliamentary structure. I just wanted to try a "distinguishing" type q. and my teacher made this up....it doesn't really make much sense but thanks for the feedback! glad i have the structure and stuff down!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 07, 2015, 09:54:44 pm
I probably wouldn't say that a difference between parliament and government is that government represents the views of the people and is democratically elected - this is a more accurate statement in relation to parliament than the government!

But, if you're looking for more compare/distinguish questions within the realm of content you've done so far...

Differentiate between the roles played by the Senate and the House of Representatives in federal parliament. (5 marks)

Compare the purpose of the second reading with the purpose of the committee stage in the passage of a bill through parliament. (3 marks)

Compare and contrast the effectiveness of the VLRC with methods used by individuals and groups in influencing parliament to change the law. (7 marks)

Differentiate between exclusive powers and concurrent powers. (2 marks)

Distinguish between residual powers and specific powers, as laid out by the Commonwealth Constitution. Use examples to illustrate your answer. (4 marks)

Compare the methods of referendum, High Court interpretation and the referral of power in terms of their ability to alter the balance of legislative power between Commonwealth and state parliaments. (8 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 08, 2015, 12:51:44 pm
I probably wouldn't say that a difference between parliament and government is that government represents the views of the people and is democratically elected - this is a more accurate statement in relation to parliament than the government!


Thankyou for the extra questions and the help! I think i got that bit wrong but i went back and checked my summary sheets and under functions of Parliament it had "acts as a forum for popular representation." but then apart from saying they have different functions i'm not really sure how to differentiate them.
Title: Re: VCE Legal Studies Question Thread
Post by: lisax3 on April 08, 2015, 02:01:39 pm
Do we need to know how to evaluate referral of powers and cases involving referral of powers?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 08, 2015, 02:44:57 pm
Do we need to know how to evaluate referral of powers and cases involving referral of powers?

You need to be able to evaluate EVERYTHING - it's a key skill.

No full case studies required in the SD, but I always recommend having one or two examples (note: difference between a case study and an example is 2-5 marks versus 1 mark).
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on April 09, 2015, 03:38:12 pm
Hi!
I was just wondering if anyone could clarify for me, do we also need to know positive factors aiding the possible success of a referendum as well as limiting factors??
and if we do are they supposed to be separate positive factors
or like, part of the two handed approach; like for example the double majority provision can both limit the success of a referendum as it is difficult to get the majority of states to agree to the provision, but at the same time ensures that the possible referendum is acceptable to both the people and the interests of the States as more populous states cannot dominate less populated states...
is this right? or is it just limitations, and should i be saying this stuff in my evaluation of the referendum process. thank you very much guys, im just a bit confused with study design/what teacher is saying.

Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on April 15, 2015, 08:57:40 pm
Hi!
I was just wondering if anyone could clarify for me, do we also need to know positive factors aiding the possible success of a referendum as well as limiting factors??
and if we do are they supposed to be separate positive factors
or like, part of the two handed approach; like for example the double majority provision can both limit the success of a referendum as it is difficult to get the majority of states to agree to the provision, but at the same time ensures that the possible referendum is acceptable to both the people and the interests of the States as more populous states cannot dominate less populated states...
is this right? or is it just limitations, and should i be saying this stuff in my evaluation of the referendum process. thank you very much guys, im just a bit confused with study design/what teacher is saying.
Not so sure what this question is asking. But yes you do need to know why reasons why referendums might fail and why they might succeed.

As to the second part - which I take to mean "do the reasons have to be corresponding" - it depends on the taskword. Critically evaluate generally means the reasons/points have to correspond whereas evaluate means they don't have to.

I always made them corresponding for the sake of making the whole response flow better.

Did the Brislan case have any impact on state powers? I read in one book, that the Brislan case had no effect on state powers, but in another book I read that it decreased state powers as the Commonwealth moved into the law making area that was residual power, and any state laws could not be inconsistent or S109 would apply.
Yes it did reduce the states' power.

Why?
Well before the High Court interpretation, it was only the states' ability (residual) to exercise that power, right? Commonwealth couldn't interfere.

But after that High Court case, both the state and Commonwealth could exercise that power (concurrent). s109 applied and that means the Commonwealth can override the state so basically there's more competition for that one power. It reduces the states' power in that narrow sense.

Title: Re: VCE Legal Studies Question Thread
Post by: Aatif on April 19, 2015, 01:36:55 pm
Explain, using examples, the distinction between the exclusive powers of the Commonwealth, the concurrent powers of the Commonwealth and the states, and the residual powers of the states. (6 marks)

Could someone have a look at my answer and see if I missed anything?

Both concurrent and exclusive powers are considered to be specific powers, which are powers that are referred to in the Constitution. Specific powers are specifically listed in the Constitution and are given to the Commonwealth Parliament; these mainly appear in S51 and are numbered, hence they are also referred to as enumerated powers.

Exclusive powers are those powers in the Constitution that belong solely to the Commonwealth. The exclusive powers are listed in Section 51 of the Commonwealth of Australia Constitution Act 1900 and include power over “currency, coinage and legal tender” (S51xii.)These powers are made exclusive by another section of the Constitution. For example, Section 115 states that States shall not coin money, hence making it an exclusive power.

Exclusive powers are different to Concurrent powers, which are those powers in the Constitution that may be exercised concurrently (at the same time) by the Commonwealth Parliament and one or more state parliaments (i.e the state and Commonwealth Parliaments share jurisdiction) , whereas exclusive powers are exclusive to the Commonwealth Parliament. For example, the power to make laws in relation to taxation is given to the Commonwealth Parliament (S51ii) , but state parliaments can also levy taxes. Commonwealth taxes include income tax and GST (goods and services tax). State taxes include stamp duty and payroll tax.

Residual powers are distinct from both concurrent and exclusive powers as they are not specifically listed in the Constitution. Residual powers are those law-making powers that belong to the states; these powers were not given to the Commonwealth at federation but were left with the states. The Constitution protects the continuing power of the states. Each state has its own constitution setting out guidelines for its law-making powers. Areas of law-making such as criminal law, education and public transport are not mentioned in the Constitution and are therefore areas of residual power.
Title: Re: VCE Legal Studies Question Thread
Post by: M_BONG on April 21, 2015, 12:47:28 am
Explain, using examples, the distinction between the exclusive powers of the Commonwealth, the concurrent powers of the Commonwealth and the states, and the residual powers of the states. (6 marks)

Could someone have a look at my answer and see if I missed anything?

Both concurrent and exclusive powers are considered to be specific powers, which are powers that are referred to in the Constitution. Specific powers are specifically listed in the Constitution and are given to the Commonwealth Parliament; these mainly appear in S51 and are numbered, hence they are also referred to as enumerated powers.

Exclusive powers are those powers in the Constitution that belong solely to the Commonwealth. The exclusive powers are listed in Section 51 of the Commonwealth of Australia Constitution Act 1900 and include power over “currency, coinage and legal tender” (S51xii.)These powers are made exclusive by another section of the Constitution. For example, Section 115 states that States shall not coin money, hence making it an exclusive power.

Exclusive powers are different to Concurrent powers, which are those powers in the Constitution that may be exercised concurrently (at the same time) by the Commonwealth Parliament and one or more state parliaments (i.e the state and Commonwealth Parliaments share jurisdiction) , whereas exclusive powers are exclusive to the Commonwealth Parliament. For example, the power to make laws in relation to taxation is given to the Commonwealth Parliament (S51ii) , but state parliaments can also levy taxes. Commonwealth taxes include income tax and GST (goods and services tax). State taxes include stamp duty and payroll tax.

Residual powers are distinct from both concurrent and exclusive powers as they are not specifically listed in the Constitution. Residual powers are those law-making powers that belong to the states; these powers were not given to the Commonwealth at federation but were left with the states. The Constitution protects the continuing power of the states. Each state has its own constitution setting out guidelines for its law-making powers. Areas of law-making such as criminal law, education and public transport are not mentioned in the Constitution and are therefore areas of residual power.

Ok, I will be nit-picky - because what better thing to do at 12:42 LOL

1. I think you should explain how exclusive powers operate.

You should make it clear that a power is assumed to be concurrent unless a specific section forbids the state from exercising, and hence make it an exclusive power. You kind of say this but it's not very clear.

2. Concurrent powers are not powers shared at the same time necessarily. They are powers shared between State and Commonwealth - that is, they both have power to use it and they don't have to both use it at the same time. Also, always mention and explain s109 when talking about concurrent powers.

3. Make it clear that the Commonwealth cannot exercise residual power. You say this by saying "residual powers are powers left to the state" but make it specific by spelling out it's only exercisable by state.

I also think your answer has a lot of unnecessary detail - such as "Commonwealth of Australia Constitution Act 1900"
and "the Constitution protects the continuing power of the states. Each state has its own constitution setting out guidelines for its law-making powers" etc.

Just be wise about how you spend every word; try to make everything to the point. Also, section numbers aren't necessary.
Title: Re: VCE Legal Studies Question Thread
Post by: Aatif on April 21, 2015, 08:26:50 pm
Thanks for your feedback Zezima, it really helped.

How would the marks be allocated for a question like this?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 21, 2015, 09:41:37 pm
Ok, I will be nit-picky - because what better thing to do at 12:42 LOL

1. I think you should explain how exclusive powers operate.

You should make it clear that a power is assumed to be concurrent unless a specific section forbids the state from exercising, and hence make it an exclusive power. You kind of say this but it's not very clear.


And if you wanted to be super-picky ;) you would note that this is only one way in which exclusive powers are constructed (concurrent + restriction); ss52 and 90 have expressly exclusive powers, and some are found to be exclusive through interpretation only.

I wouldn't say that exclusive powers are found in s51 because it's a bit misleading: s51 is by default concurrent.
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on April 22, 2015, 07:08:08 pm
How would the marks be allocated for a question like this?
I'd probably say 2 marks each per one of the the three different types of powers (1 for explaining what it is, another 1 for example), adding up the 6 overall. You'd also need to actually distinguish between each of them (what's different) in order to ensure these makes are earned because of the wording of the question.

Edit @ below: It's impossible to distinguish them without explaining what they are...
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 25, 2015, 06:11:48 pm
I'd probably say 2 marks each per one of the the three different types of powers (1 for explaining what it is, another 1 for example), adding up the 6 overall. You'd also need to actually distinguish between each of them (what's different) in order to ensure these makes are earned because of the wording of the question.

Since the task word is essentially 'distinguish', you wouldn't be getting marks allocated to the definitions per se - the marks would be based around the differences identified, with obviously the quality of your detail (from the definitions) being taken into account. The exact mark allocation here is a bit subjective; I'd say a portion of it would definitely be global.
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on May 01, 2015, 06:18:25 pm
How would you answer "Are the law making powers of the Commonwealth parliament more effectively (gotta conclude one is better) changed by referendum or by the states referring (these are the 2 things we have to talk about) their powers to the Commonwealth? Justify (I'd say most marks come from here) your answer." (6 marks)

I'd choose the States referring their power, then kind of do a quick evaluation of each, where I'd go strength-weakness-strength for States, and conclude that it would be effective, and strength-weakness-weakness for referendums and conclude that it'd be less effective.

That's like a 'point' for each mark, each point directly contributing to justifying my conclusion which directly answers the question :)
Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on May 04, 2015, 12:52:08 am
Is entrenched bill of right and entrenched right the same thing ?
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on May 04, 2015, 04:57:15 pm
Is entrenched bill of right and entrenched right the same thing ?

A bill of rights is basically a list of rights, while a right is just a right by itself, so that's the difference between them. Either can be entrenched, so a bill of rights is an entrenched list of rights (like the US), while an entrenched right is just like a single right that is entrenched (like the 5 that we have in the Constitution).

With the word entrenched as well, when something is entrenched, it technically means that it's made so it's really hard to amend (like the rights in our Constitution obviously). BUT, in Legal, heaps of teachers use it loosely to also just mean the same as embedded. I haven't come across specific trouble with that, but I remember being confused about it in the beginning, so thought I'd mention it here (one of my Legal notes said that rights can be entrenched into statues, and that the Constitution was an example of this, and a teacher told me that it means yes, rights can be entrenched into other statutes as well, and that was where the confusion about the meaning started. I ended up decided it was too confusing, and I could always get away with never knowing how I'm meant to use it by being vague in my answers, haha).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 04, 2015, 06:27:25 pm
Can someone please help with answering this:

How do Victoria's sentencing laws balance the rights of serious offenders with the need to protect the lives of all citizens?
Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on May 06, 2015, 08:44:04 pm
Can someone please help with answering this:

How do Victoria's sentencing laws balance the rights of serious offenders with the need to protect the lives of all citizens?
Thanks so much

Also need an answer to this question ASAP:
For enforcement of rights in Australia, does Australia have two approaches or three ?
Currently doing U3O2 SAC tomorrow, and doing Australia + South Africa
South Africa has the interpretive approach
And i KNOW that Australia has Watchdog and complaints based approach but not sure about intepretive
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 20, 2015, 01:59:41 pm
On what grounds would parliament create a statute to override an existing precedent?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 20, 2015, 07:03:44 pm
On what grounds would parliament create a statute to override an existing precedent?

Honestly, just if they didn't like the precedent enough! Especially if they could score some political points by overriding it. Look at the Rape in Marriage case, and what Howard was trying to do with the definition of 'man' and 'woman' for the purposes of marriage after the Kevin and Jennifer case.
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on June 20, 2015, 08:32:15 pm
Honestly, just if they didn't like the precedent enough! Especially if they could score some political points by overriding it. Look at the Rape in Marriage case, and what Howard was trying to do with the definition of 'man' and 'woman' for the purposes of marriage after the Kevin and Jennifer case.

Pretty much. I've never seen a question like this, but if it surprised me in a SAC/exam and I wanted to have some solid points, then depending on the marks and which one I felt like I could quickly explain that that, I'd go with:

1. the precedent leads to an unjust outcome
2. the precedent does not reflect the values of the people
3. the precedent is outdated.

Kevin and Jennifer fits into 2, and something like that case with owners being responsible for their cattle would fit into 2 :)
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on June 20, 2015, 08:36:36 pm
For enforcement of rights in Australia, does Australia have two approaches or three ?
Currently doing U3O2 SAC tomorrow, and doing Australia + South Africa
South Africa has the interpretive approach
And i KNOW that Australia has Watchdog and complaints based approach but not sure about intepretive

Don't know if you still need this clarified, but my teacher always told us that Australia didn't have watchdog, only interpretive and complaints-based, which makes sense if you think about the whole case having to come before the High Court for them to interpret Constitution thing.

I'd ask your teacher if you think that's wrong so you know for the exam, but my technique when it comes to really unclear things is to avoid talking about them if I can, which you could do carefully in huge questions like comparing to SA :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 20, 2015, 09:17:52 pm
Pretty much. I've never seen a question like this, but if it surprised me in a SAC/exam and I wanted to have some solid points, then depending on the marks and which one I felt like I could quickly explain that that, I'd go with:

1. the precedent leads to an unjust outcome
2. the precedent does not reflect the values of the people
3. the precedent is outdated.

Kevin and Jennifer fits into 2, and something like that case with owners being responsible for their cattle would fit into 2 :)

Thanks very much
Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on June 20, 2015, 10:25:45 pm
Quick Question -
The courts can hear all types of cases, both criminal and civil. They are not limited by any legislation which specifies the types of disputes that can be heard.

That is directly from my textbook.
But arent there Acts to set out the jurisdiction of courts so isnt that statement above false ?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 22, 2015, 01:08:51 pm
Thanks so much

Also need an answer to this question ASAP:
For enforcement of rights in Australia, does Australia have two approaches or three ?
Currently doing U3O2 SAC tomorrow, and doing Australia + South Africa
South Africa has the interpretive approach
And i KNOW that Australia has Watchdog and complaints based approach but not sure about intepretive

If you're talking about constitutional rights (the ones on the Study Design) then we just have a complaints-based approach. We don't require courts to interpret other legislation in line with constitutional rights, and we don't have a watchdog bringing constitutional questions on behalf of society.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 22, 2015, 01:13:17 pm
Pretty much. I've never seen a question like this, but if it surprised me in a SAC/exam and I wanted to have some solid points, then depending on the marks and which one I felt like I could quickly explain that that, I'd go with:

1. the precedent leads to an unjust outcome
2. the precedent does not reflect the values of the people
3. the precedent is outdated.

Kevin and Jennifer fits into 2, and something like that case with owners being responsible for their cattle would fit into 2 :)

Howard certainly argued that the precedent (man and woman at the time of marriage) didn't reflect the values of the people (well, of HIM), but the overriding legislation got shelved because of public protest! So I'd probably go more with fitting into executive government policy for that one.

Trigwell, also, I'd put into #3, because the precedent was based on pre-motor vehicle society.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 22, 2015, 01:13:58 pm
Quick Question -
The courts can hear all types of cases, both criminal and civil. They are not limited by any legislation which specifies the types of disputes that can be heard.

That is directly from my textbook.
But arent there Acts to set out the jurisdiction of courts so isnt that statement above false ?

Yep, there are. Typo, or poor wording I reckon.
Title: Re: VCE Legal Studies Question Thread
Post by: The Brightest Witch on June 22, 2015, 01:34:18 pm
Howard certainly argued that the precedent (man and woman at the time of marriage) didn't reflect the values of the people (well, of HIM), but the overriding legislation got shelved because of public protest! So I'd probably go more with fitting into executive government policy for that one.

True! I totally forgot the facts surrounding Kevin and Jennifer :')
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 22, 2015, 09:34:12 pm
True! I totally forgot the facts surrounding Kevin and Jennifer :')

Well, the part of the proposed legislation that got shelved is harder to find details on anyway :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 04, 2015, 11:11:21 am
Can someone please clearly explain to me what overruling is in regards to precedent.

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on July 04, 2015, 12:11:32 pm
Can someone please clearly explain to me what overruling is in regards to precedent.

Thanks
Overruling is a concept that relates to the idea of the flexibility of precedent. Put simply, a judge can overrule a precedent established by a lower court in the same hierarchy if the cases involve similar facts. The judge in the higher court is not bound by the old precedent and therefore can set a new one. This involves two separate cases, not a single case on appeal.

The main trap people fall into is confusing this process with reversing. The way I remember it is that reversing only involves a single case and said case has two decisions. Upon reversing, a new precedent will be established by the appellant court. However, when you think about overruling, a new precedent is simply set by a higher court for a set of facts in a different case. Hopefully I've expressed this clearly enough, but if not, let me know and I'll try to clarify further.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 04, 2015, 12:40:52 pm
Overruling is a concept that relates to the idea of the flexibility of precedent. Put simply, a judge can overrule a precedent established by a lower court in the same hierarchy if the cases involve similar facts. The judge in the higher court is not bound the old precedent and therefore can set a new one. This involves two separate cases, not a single case on appeal.

The main trap people fall into is confusing this process with reversing. The way I remember it is that reversing only involves a single case and said case has two decisions. Upon reversing, a new precedent will be established by the appellant court. However, when you think about overruling, a new precedent is simply set by a higher court for a set of facts in a different case. Hopefully I've expressed this clearly enough, but if not, let me know and I'll try to clarify further.

Thank you very much, that is much more clear and concise answer preferred to the textbook. Also, do you know what 'decision inter partes' means?
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on July 04, 2015, 01:06:44 pm
Thank you very much, that is much more clear and concise answer preferred to the textbook. Also, do you know what 'decision inter partes' means?
No problem. I'm glad I could clarify it for you.

I'd never heard of a 'decision inter partes' before as we never touched upon it in class and I don't think it's on the study design. However, it's always an awesome idea to sprinkle your responses with good legal terms, so I suppose this one could be pretty helpful. That being said, I've done some very quick research about it and I'll try to reproduce it in a clear manner for you as follows.

From what I can understand after doing some searching on the internet, what 'decision inter partes' means to me is that two disputing parties come together to reach an outcome and resolution to the problem themselves. In other words, they resolve the legal issue by reasoning with each other as opposed to leaving the outcome up to another individual or dispute resolution mechanism (such as judicial determination in the courts).

An example would be in VCAT cases of arbitration when the VCAT member leaves the room for a brief period to see if the parties can come to an understanding themselves without having the member hand down a legally-binding decision for them. Let's say you're my landlord and I'm a tenant, and I take an issue we have to the Magistrates' Court, but we end up thinking of a way to fix the situation ourselves without having the Magistrate make the decision for us.

The advantage of these decisions is that they can likely be more mutually beneficial for both parties and you avoid the high costs of legal action. I should clarify that I've never properly learned this term before, so take what I say with a grain of salt.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 04, 2015, 01:17:36 pm
No problem. I'm glad I could clarify it for you.

I'd never heard of a 'decision inter partes' before as we never touched upon it in class and I don't think it's on the study design. However, it's always an awesome idea to sprinkle your responses with good legal terms, so I suppose this one could be pretty helpful. That being said, I've done some very quick research about it and I'll try to reproduce it in a clear manner for you as follows.

From what I can understand after doing some searching on the internet, what 'decision inter partes' means to me is that two disputing parties come together to reach an outcome and resolution to the problem themselves. In other words, they resolve the legal issue by reasoning with each other as opposed to leaving the outcome up to another individual or dispute resolution mechanism (such as judicial determination in the courts).

An example would be in VCAT cases of arbitration when the VCAT member leaves the room for a brief period to see if the parties can come to an understanding themselves without having the member hand down a legally-binding decision for them. Let's say you're my landlord and I'm a tenant, and I take an issue we have to the Magistrates' Court, but we end up thinking of a way to fix the situation ourselves without having the Magistrate make the decision for us.

The advantage of these decisions is that they can likely be more mutually beneficial for both parties and you avoid the high costs of legal action. I should clarify that I've never properly learned this term before, so take what I say with a grain of salt.

Thank-you once again. This is very helpful!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 04, 2015, 01:38:07 pm
Overruling is a concept that relates to the idea of the flexibility of precedent. Put simply, a judge can overrule a precedent established by a lower court in the same hierarchy if the cases involve similar facts. The judge in the higher court is not bound by the old precedent and therefore can set a new one. This involves two separate cases, not a single case on appeal.

The main trap people fall into is confusing this process with reversing. The way I remember it is that reversing only involves a single case and said case has two decisions. Upon reversing, a new precedent will be established by the appellant court. However, when you think about overruling, a new precedent is simply set by a higher court for a set of facts in a different case. Hopefully I've expressed this clearly enough, but if not, let me know and I'll try to clarify further.

And, just with overruling, keep in mind the impact: that the original principle of law used to decide the first case is considered by the new judge to have been flawed *from the beginning*. So, overruling a legal principle actually erases it from the time it was made - not from the time of the second case.

For example, when terra nullius was overruled, they decided the new case (Mabo) as though the precedent/principle/ratio of terra nullis *never existed in the first place*. That's why overruling is so rare.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 04, 2015, 01:44:25 pm
Are decisions from the House of Lords, England, binding on Victorian courts?
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on July 04, 2015, 02:07:25 pm
Nope, they're not binding. Persuasive precedent may still apply, however.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 04, 2015, 03:32:04 pm
Technically the House of Lords isn't a court (even when performing a judicial function), so technically it can't set precedent at all. BUT! Prior to Australia separating from the UK hierarchy (1931 for federal cases and 1986 for state ones) the High Court said that it considered principles established by the House of Lords to be binding precedent (I have the case reference somewhere). So, in that indirect way, through the High Court, it kinda was in the past. I say this because there's a fair chance you're talking about Donoghue v Stevenson, and it's relevant in that context!

Can we just agree that I seem to be giving exclusively extension content today...??!

Edit: Sorry - I say "isn't" a court, but technically past tense would be more correct, as its judicial functions were transferred to the UK Supreme Court in about 2009. Decisions made prior to then will still be of legal relevance, though!
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 01, 2015, 09:33:27 pm
Hi guys!
If I got a question asking:
"Evaluate the way courts and VCAT operate to resolve disputes" (8 marks)
this is comparative right? at the end would i have to make a statement over which one i think is more effective in resolving disputes????
i'm also really confused with structure:
so if this was a comparative evaluate question and i thought that vcat was better, would i structure it like,
"strength of vcat as linking to corresponding weakness of the courts"

like for example:

Firstly, VCAT is much cheaper alternative of dispute resolution. This is because legal representation is not necessary and parties are instead able to represent themselves. Furthermore, in many cases parties are only required to pay a nominal amount for filing their claim. Conversely, in the courts legal representation significantly increases the costs faced by both parties as court fees are far more expensive in comparison to tribunals.

so yeah, basically, is this question comparative? should i be choosing an objective side (like vcat better or courts better)? and how am i structuring it, is this the right way, could someone please critique what i've written? thank you guys! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 02, 2015, 10:12:25 am
Hi guys!
If I got a question asking:
"Evaluate the way courts and VCAT operate to resolve disputes" (8 marks)
this is comparative right? at the end would i have to make a statement over which one i think is more effective in resolving disputes????
i'm also really confused with structure:
so if this was a comparative evaluate question and i thought that vcat was better, would i structure it like,
"strength of vcat as linking to corresponding weakness of the courts"

like for example:

Firstly, VCAT is much cheaper alternative of dispute resolution. This is because legal representation is not necessary and parties are instead able to represent themselves. Furthermore, in many cases parties are only required to pay a nominal amount for filing their claim. Conversely, in the courts legal representation significantly increases the costs faced by both parties as court fees are far more expensive in comparison to tribunals.

so yeah, basically, is this question comparative? should i be choosing an objective side (like vcat better or courts better)? and how am i structuring it, is this the right way, could someone please critique what i've written? thank you guys! :)

Hey - In its strictest sense it isn't comparative, because it doesn't have any comparative words in it and it doesn't explicitly say anything like 'evaluate which of courts and VCAT is more effective' - BUT, I think you'd have a far better response and a better chance of getting full marks if you had that comparative component. I'd definitely have it in there (and it also makes the answer hang together better).

Why are you confused over structure? Every opinion-based question just has the same basic structure: opinion, reasons for and against, opinion. Integrating the opinion the whole way through is obviously more flow-y and efficient, but you can just paint-by-numbers, too. With your reasons for and against, remember to include even just a little of the other side, to ensure you've covered the different aspects of the argument - even if you prefer VCAT overall, it won't be better in every single way. And you can phrase some of these as concessions: eg "Even though VCAT weakness blah blah..."

Re your content, it's fine. It's a very standard, popular point to make. You don't have as much evidentiary detail as you could have (eg the actual amount of popular or average fees for filing at specific VCAT lists versus specific courts), and there are some nuances you could include (eg why it is easier to be self-represented at VCAT), but the basic point is solid.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 02, 2015, 12:47:23 pm
Hey - In its strictest sense it isn't comparative, because it doesn't have any comparative words in it and it doesn't explicitly say anything like 'evaluate which of courts and VCAT is more effective' - BUT, I think you'd have a far better response and a better chance of getting full marks if you had that comparative component. I'd definitely have it in there (and it also makes the answer hang together better).

Why are you confused over structure? Every opinion-based question just has the same basic structure: opinion, reasons for and against, opinion. Integrating the opinion the whole way through is obviously more flow-y and efficient, but you can just paint-by-numbers, too. With your reasons for and against, remember to include even just a little of the other side, to ensure you've covered the different aspects of the argument - even if you prefer VCAT overall, it won't be better in every single way. And you can phrase some of these as concessions: eg "Even though VCAT weakness blah blah..."

Re your content, it's fine. It's a very standard, popular point to make. You don't have as much evidentiary detail as you could have (eg the actual amount of popular or average fees for filing at specific VCAT lists versus specific courts), and there are some nuances you could include (eg why it is easier to be self-represented at VCAT), but the basic point is solid.

Thanks very much for the clarification, especially with the structure and the extra points to make!!
Just another quick question, how long exactley should an 8/10 marker be? like, how many paragraphs and how many sentences in the paragraph?
i've been told 4 arguments for a 10 marker, but people are now saying 5 or 6. i know that there probably isn't a standard rule or anything, but mine end up as very long blocky chunks and i'm never sure if that's correct when i look at the examination reports in comparison??
We were never really taught structure when it comes to a comparative, so i'm sort of feeling it out for myself, and am  just a bit unsure if it was any different to the usual strength/weakness two handed approach.

Also with the VCAT limitations for this comparative style, is this roughly what you meant:

" Secondly, VCAT hearings are far less formal than the courts, as they do not follow the strict rules of evidence and procedure. The absence of these court room formalities mean that parties are able to feel more at ease with the process, as the adversarial nature of the court room may cause parties to feel uncomfortable. However, the adversarial nature of the court room may benefit some parties who are more comfortable in having a judge decide the outcome of the case, rather than a more flexible method of dispute resolution. Ultimately though, it is clear that the informality of VCAT provides a clear strength, as it allows dispute resolution to remain accessible and non confrontational for all parties. "

do i only have to have one paragraph like this, which acknowledges VCAT's limitations, or should i have more???

thankyou very much for the help!! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 02, 2015, 11:39:50 pm
Put it this way: you have at least quarter of an hour to do an 8-marker, and you should leave as much as half an hour if possible to do the 10-marker. Also consider the fact that, when you mark someone's work, you kind of default roughly to one mark per good point - yes, it's global for some questions and that can be nudged up or down, but you have to start somewhere. Put those two together and you're really looking at minimum 8 separate little points for an 8-marker (although I say do more, especially since many points flow on, one from the other, without requiring a whole paragraph to themselves) and 10 for a 10-marker. But you want to do more because (in addition to what I just said) waffling on about the same point is boring, and what if the marker doesn't think some of them are strong (or you make an error with some)? Aim for two solid pages for an 8-marker and three for the 10-marker. Just bang through your points as quickly as possible, balancing specific detail with speed.

I like the way you wrote that sample para - it moves naturally across strengths and weaknesses. I would absolutely take out the "clearly" and "clear" statements, though: obviously they're *not* clear, otherwise there would be no room for different arguments and opinions. It feels a bit rude to the reader, denying them their own conclusion, and doesn't read well in Legal any more than in English. And I'd do more than just that on VCAT weaknesses: 'evaluate' is really to balance to pros and cons of something; consider both sides. Use as much of your prepared material as you can (within the scope of the question) - strengths and weaknesses.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 03, 2015, 06:30:53 am
Thank-you very much for the clarification!
With the 'clearly', i was under the impression that at the end of the paragraph i was supposed to reassert my interpretation of whether the strength outweighs the weakness; is this necessary in a body pragraph or should I maybe just do this in a conclusion??
Thanks, again! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 03, 2015, 11:03:23 am
Thank-you very much for the clarification!
With the 'clearly', i was under the impression that at the end of the paragraph i was supposed to reassert my interpretation of whether the strength outweighs the weakness; is this necessary in a body pragraph or should I maybe just do this in a conclusion??
Thanks, again! :)

I wouldn't bother repeating your opinion at the end of every single paragraph - especially if your wording all sounds consistently like you're arguing relevant points to it. Limit the repetition.

Removing the 'clearly' was actually more about removing that specific word. Words such as 'clearly', 'obviously', etc, just read really badly! They kind of read like "duh" - a bit arrogant or obnoxious, even if that's not the tone the writer wrote them with.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 03, 2015, 06:25:17 pm
Hi (again)!
That's a good point about repetition, maybe should I only reinforce my main argument in the conclusion? Thank-you so much for helping with my confusion!!! So I asked the teacher + some friends about ways to go about evaluating and i think i understand the point you made about structure and also showing the weaknesses of the two bodies as well as their strengths.
i think the thing i didn't understand is that i was told you had to argue that either vtac or the courts were better definitively, but the more i read through your responses in a "evaluate two bodies" sort of question, i feel as though i should say that vtac is good in some ways (while still having weaknesses) and that courts have strengths in other ways (while still having weaknesses). is this more correct??
So i tried to incorporate this understanding in this structure:

Evaluate the way courts and VCAT operate to resolve disputes (8 marks).

Body paragraph 1:

Firstly, VCAT is a much cheaper avenue of dispute resolution.  In many cases parties are only required to pay a nominal amount for filing their claim, and in some lists such as the Human Rights List, lodging an application is free. Furthermore,legal representation is not necessary and parties are instead able to represent themselves - thus meaning parties do not have to pay the cost of engaging legal representation. However, VCAT has faced large changes in fees recently and as such is growing more expensive. A fee was introduced for each day of hearing a major proceeding in which a filing fee is payable, though with no hearing fee for the first day. As well as large fees for major cases, the increasing use of legal representation in VCAT results in increasing costs. This is in contrast to the courts, which are usually more expensive due to the high court fees, the costs associated with pre trial procedures as well as the need for engaging legal representation. This is clear in the Magistrates' court, which charges a filing fee of over $273.50 for claims between $1000 and $10 000. Despite this,while  engaging legal representation is costly, the use of representation in the courts ensures that parties are equally represented and are able to argue their case, which provides a level of fairness and justice to the court proceedings.

So, then it's not all one dimensional "yay vcat is flawless" but then also looks at the courts?? I'd appreciate feedback from anyone! Thank-you for helping me! :) :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 03, 2015, 10:17:33 pm
Hi (again)!
That's a good point about repetition, maybe should I only reinforce my main argument in the conclusion? Thank-you so much for helping with my confusion!!! So I asked the teacher + some friends about ways to go about evaluating and i think i understand the point you made about structure and also showing the weaknesses of the two bodies as well as their strengths.
i think the thing i didn't understand is that i was told you had to argue that either vtac or the courts were better definitively, but the more i read through your responses in a "evaluate two bodies" sort of question, i feel as though i should say that vtac is good in some ways (while still having weaknesses) and that courts have strengths in other ways (while still having weaknesses). is this more correct??
So i tried to incorporate this understanding in this structure:

Evaluate the way courts and VCAT operate to resolve disputes (8 marks).

Body paragraph 1:

Firstly, VCAT is a much cheaper avenue of dispute resolution.  In many cases parties are only required to pay a nominal amount for filing their claim, and in some lists such as the Human Rights List, lodging an application is free. Furthermore,legal representation is not necessary and parties are instead able to represent themselves - thus meaning parties do not have to pay the cost of engaging legal representation. However, VCAT has faced large changes in fees recently and as such is growing more expensive. A fee was introduced for each day of hearing a major proceeding in which a filing fee is payable, though with no hearing fee for the first day. As well as large fees for major cases, the increasing use of legal representation in VCAT results in increasing costs. This is in contrast to the courts, which are usually more expensive due to the high court fees, the costs associated with pre trial procedures as well as the need for engaging legal representation. This is clear in the Magistrates' court, which charges a filing fee of over $273.50 for claims between $1000 and $10 000. Despite this,while  engaging legal representation is costly, the use of representation in the courts ensures that parties are equally represented and are able to argue their case, which provides a level of fairness and justice to the court proceedings.

So, then it's not all one dimensional "yay vcat is flawless" but then also looks at the courts?? I'd appreciate feedback from anyone! Thank-you for helping me! :) :)

Awesome paragraph. And I count around six smaller points comprising it, plus some specific evidence. Make sure you come to some kind of a final logical conclusion by the end and you're all set.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 04, 2015, 06:22:30 am
Awesome paragraph. And I count around six smaller points comprising it, plus some specific evidence. Make sure you come to some kind of a final logical conclusion by the end and you're all set.

Thank-you for the help!!! I really appreciate it!! :) :)
 So for an 8 marker, I'd have roughly 4 body paragraphs like this? Is that roughly right? Also, I'm a bit confused over what to put in an intro or conclusion?? My teacher told me for some questions they weren't mandatory?? would i need them in 6/8 markers?? i'm not a hundred percent sure what to put in them either...
one of my friends said that for an 'evaluate two bodies' type of question, she'd try and leave the intro a bit ambiguous as to her stance, so that way in her body she could say the strengths and weaknesses of both bodies while sitting on the fence, but then in her conclusion she could give a definitive stance over her opinion on which bodies strengths outweigh the weakness??? is this right??
trying with this method, it'd be something like:
INTRODUCTION:
"Despite their limitations, both the Victorian Civil and Administrative Tribunal (VCAT) and the courts possess multiple strengths as dispute resolution bodies."

CONCLUSION:
"Ultimately then, both VCAT and the courts are dispute resolution bodies with multiple strengths; however VCAT further acts to provide services which are cost effective, timely, informal and accessible forms of dispute resolution, as it's strengths acts to outweigh it's limitations."

I'm a bit worried i'm doing it wrong??? Could anyone help?? :)
Thank you!!!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 04, 2015, 09:37:30 am
Thank-you for the help!!! I really appreciate it!! :) :)
 So for an 8 marker, I'd have roughly 4 body paragraphs like this? Is that roughly right? Also, I'm a bit confused over what to put in an intro or conclusion?? My teacher told me for some questions they weren't mandatory?? would i need them in 6/8 markers?? i'm not a hundred percent sure what to put in them either...
one of my friends said that for an 'evaluate two bodies' type of question, she'd try and leave the intro a bit ambiguous as to her stance, so that way in her body she could say the strengths and weaknesses of both bodies while sitting on the fence, but then in her conclusion she could give a definitive stance over her opinion on which bodies strengths outweigh the weakness??? is this right??
trying with this method, it'd be something like:
INTRODUCTION:
"Despite their limitations, both the Victorian Civil and Administrative Tribunal (VCAT) and the courts possess multiple strengths as dispute resolution bodies."

CONCLUSION:
"Ultimately then, both VCAT and the courts are dispute resolution bodies with multiple strengths; however VCAT further acts to provide services which are cost effective, timely, informal and accessible forms of dispute resolution, as it's strengths acts to outweigh it's limitations."

I'm a bit worried i'm doing it wrong??? Could anyone help?? :)
Thank you!!!

I like that intro and conclusion - but some people will start with something more definitive, and that's cool, too. Writing isn't paint-by-numbers. And there's also no rule regarding the 'magic' number of paragraphs that will somehow guarantee you marks. You know you have around quarter of an hour for an 8-marker (aim for two pages), so just bang out as much of that as you can.

The for task words rule is: anything that has an 'opinion-based' task word needs an opinion. Evaluate, analyse, critically examine, to what extent, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 04, 2015, 10:14:37 pm
I like that intro and conclusion - but some people will start with something more definitive, and that's cool, too. Writing isn't paint-by-numbers. And there's also no rule regarding the 'magic' number of paragraphs that will somehow guarantee you marks. You know you have around quarter of an hour for an 8-marker (aim for two pages), so just bang out as much of that as you can.

The for task words rule is: anything that has an 'opinion-based' task word needs an opinion. Evaluate, analyse, critically examine, to what extent, etc.

Thank - you so much for helping me! :)



Since I went through a lot of trouble with structure, I just wanted to clarify if this would change in any way for a "compare and evaluate VCAT and the courts question." So I wrote an intro, body paragraph and conclusion for an 8 marker, and I would appreciate anybody's feedback on  what to change/ fix with this piece??

"Compare and evaluate both VCAT and the courts."  (8 marks)

Both the Victorian Civil and Administrative Tribunal (VCAT) and the courts provide services which use similar approaches in dispute resolution, though these bodies also possess multiple differences. Despite the limitations of these bodies, the courts and VCAT also have clear strengths; though VCAT further acts to provide dispute resolution which utilises forms of ADR, provide cost effectiveness, timely resolution, and accessible service.

Firstly, both VCAT and the courts engage methods of appropriate dispute resolution (ADR) such as mediation and conciliation. Both bodies have the power to refer parties to these methods before finally resolving a dispute. Both the courts and VCAT refer civil cases to mediation as an avenue for dispute resolution for the similar purposes of speeding up the resolution of cases  and reducing backlog of cases to be heard, as these methods of ADR thus work alongside the courts and VCAT in providing avenues for dispute resolution. However these bodies also have multiple differences, as where the courts are able to order a proceeding to mediation, with or without the consent of parties, VCAT does not often do this instead often choosing to encourage mediation as a method of settlement. Furthermore, where the courts refer cases to mediation, VCAT instead is involved and invested in implementing ADR strategies. This is seen in initiative such as the 'Mediation Centre' which provides mediation facilities and experties, as well as the Short Mediation and Hearing (SMAH) program, which allows parties to briefly explore mediation as a final option in the settling of the dispute immediately before the hearing.

Fundamentally then, while both these bodies possess multiple similarities and differences, VCAT's strengths ultimately act to outweigh it's limitations as a dispute resolution body.


Is this body structure of "similarities/differences" ok, and would i need to change it up and do the opposite "differences/similarities" in other body paragraphs, or is "similarities/differences" ok as it is for the whole question??????
ALSO would i need some sort of a definitive evaluative statement at the end of my body paragraph????, like "In thus choosing to involve itself directly in the mediation process, VCAT demonstrates strength as a dispute resolution body"
I'd really appreciate any ones feedback on the content/structure/massive barrage of questions I have thrown in!!
Thank youuuu!!! :) :)
Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on August 05, 2015, 03:36:07 pm
Would we need to know the effectiveness of the adversary system of trial for SACS/Exams?
It's not mentioned in the study design
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 05, 2015, 06:45:50 pm
Would we need to know the effectiveness of the adversary system of trial for SACS/Exams?
It's not mentioned in the study design

I checked in the key skills section of the study design it says "critically evaluate the adversary system of trial" which is pretty much the 'effectiveness?' Hope this helps! :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 07, 2015, 06:10:52 pm
What is the novel aspect of the Donoghue V Stevenson case?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 07, 2015, 06:38:36 pm
What is the novel aspect of the Donoghue V Stevenson case?

Lack of a recognised legal relationship (eg contract, employment, fraudulent misrepresentation) but still alleging responsibility.
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 07, 2015, 10:01:18 pm
Hey guys, in the exam, is it best to start from the questions that are high in marks such as the 10 marker and the 8 marker etc, or do it in the natural order from beginning to end?
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on August 07, 2015, 10:18:00 pm
To each their own. I know some people who dedicatedly went to the 10 marker first because they wanted to know they had enough time. This strategy isn't for everyone, however. Personally, I just went through the papers I did from lowest marks to highest marks (with a little bit of variation, e.g. I did the 8 marker last for my actual exam). I like being able to build up my confidence and get my brain going for the subject, but for you, I suggest trying to experiment and then stick to one technique you prefer so you know you can use it for the exam.
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 07, 2015, 10:30:15 pm
Alright thanks Alter! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 08, 2015, 10:35:19 am
Hey guys, in the exam, is it best to start from the questions that are high in marks such as the 10 marker and the 8 marker etc, or do it in the natural order from beginning to end?

And most people make their stupidest mistakes near the start of the exam, so keep that in mind if starting with any significant questions.

I personally always do it in the natural order - I'm wiped out if I do long ones early; I know what time management I need if I want to reserve enough time for the long ones at the end; I never forget to do any questions; and I like warming up at the start.

Only way to know is to do a few under exam conditions yourself.
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 08, 2015, 03:12:32 pm
Guys, the study design states that we must have 'an overview of three types of sanctions and their specific purpose'. Now my book 'Justice and Outcomes VCE Legal Studies 3/4' has more than 3 types of sanctions. Does that mean that you only need to know 3 of them for the exam and therefore they can't ask about a specific type of sanction on the exam?
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 08, 2015, 03:20:31 pm
Guys, the study design states that we must have 'an overview of three types of sanctions and their specific purpose'. Now my book 'Justice and Outcomes VCE Legal Studies 3/4' has more than 3 types of sanctions. Does that mean that you only need to know 3 of them for the exam and therefore they can't ask about a specific type of sanction on the exam?
yeah, i guess so, that seems about right. if it doesn't specify a type of sanction they can't ask you a question on that specific type. can i ask you guys where in the course you're up to/where your class is up to? i think mine is lagging behind.
also, i was wandering, can vcaa ask an 8/10 mark question on "evaluate mediation" or something? like an 8 - 10 mark one just ONE ADR? thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 08, 2015, 03:27:43 pm
yeah, i guess so, that seems about right. if it doesn't specify a type of sanction they can't ask you a question on that specific type. can i ask you guys where in the course you're up to/where your class is up to? i think mine is lagging behind.
also, i was wandering, can vcaa ask an 8/10 mark question on "evaluate mediation" or something? like an 8 - 10 mark one just ONE ADR? thanks!

Thanks! Currently we're about to finish 'Criminal Procedures' and are about to start 'Civil Procedures' followed by the 'Jury System'. What about you guys?
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 08, 2015, 06:46:30 pm
Thanks! Currently we're about to finish 'Criminal Procedures' and are about to start 'Civil Procedures' followed by the 'Jury System'. What about you guys?
we're roughly a chapter behind you guys, finishing off the adversary system. i'm a bit behind (on the chapter before that) due to some health issues, but i think i can catch up! :) thank-you!
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 08, 2015, 11:34:35 pm
we're roughly a chapter behind you guys, finishing off the adversary system. i'm a bit behind (on the chapter before that) due to some health issues, but i think i can catch up! :) thank-you!

Ah ok fair enough! I hope your health issues are all good now :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 10, 2015, 03:43:19 pm
Are precedents established in the Court of Appeal binding on the Supreme Court (Trial Division)?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 10, 2015, 10:28:10 pm
Are precedents established in the Court of Appeal binding on the Supreme Court (Trial Division)?

What do you think? Try applying your definition of precedent and let people confirm your understanding or explain why they disagree with you.
Title: Re: VCE Legal Studies Question Thread
Post by: Corbz on August 12, 2015, 08:17:04 pm
I'm curious to how to answer this question I was given if anyone could help :)

Penny was on trial at VCAT, she was sentenced to 5 years imprisonment and is now appealing this decision.

Reword this statement and then explain the role of VCAT using one example 7 Marks
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 12, 2015, 10:12:10 pm
I'm curious to how to answer this question I was given if anyone could help :)

Penny was on trial at VCAT, she was sentenced to 5 years imprisonment and is now appealing this decision.

Reword this statement and then explain the role of VCAT using one example 7 Marks
Hmm interesting question, I'll try and answer.

Well at VCAT there are hearings not trials, plus imprisonment is a criminal sanction and will not be imposed at a hearing at VCAT as VCAT only hears civil matters. And also, even if we assume that Penny is appealing the 5 year imprisonment, all appeals from VCAT can only be made on points of law. As for the role of VCAT I'm sure you can do that yourself.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 13, 2015, 08:28:02 am
Hmm interesting question, I'll try and answer.

Well at VCAT there are hearings not trials, plus imprisonment is a criminal sanction and will not be imposed at a hearing at VCAT as VCAT only hears civil matters. And also, even if we assume that Penny is appealing the 5 year imprisonment, all appeals from VCAT can only be made on points of law. As for the role of VCAT I'm sure you can do that yourself.

Absolutely - but I was thinking of short-cutting it and just flipping VCAT to the County Court (or Supreme Court) to make the rest correct...?

7 marks is a really strange allocation for a question that can be answered that quickly, though - and, let's face it, the role of VCAT only takes so long. Can we perhaps correct the punctuation, too?
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 13, 2015, 03:43:40 pm
Absolutely - but I was thinking of short-cutting it and just flipping VCAT to the County Court (or Supreme Court) to make the rest correct...?

7 marks is a really strange allocation for a question that can be answered that quickly, though - and, let's face it, the role of VCAT only takes so long. Can we perhaps correct the punctuation, too?

True, I guess you could do that but I thought due to the fact that the second part of the question was on the role of VCAT, we had to keep the answer based around VCAT.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 14, 2015, 08:22:40 am
True, I guess you could do that but I thought due to the fact that the second part of the question was on the role of VCAT, we had to keep the answer based around VCAT.

That might be what the person who wrote the question was thinking, but, if so, they forgot that they have to actually put that requirement into the question!
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on August 19, 2015, 07:27:33 pm
Hey guys, i was just wondering (sorta late to ask :P) but do we always include cases into every question? i know they aren't really necessary in questions with less allocated marks, but i'm kinda confused about the whole idea about cases?

I've been using the standard cases (Mabo case, trigwell case, Kevin and jennifer etc.) , but i just don't see how i can insert them into a 4-6 markers? Are they really only reserved for the 8-10 markers? thanks guys :D
Title: Re: VCE Legal Studies Question Thread
Post by: maddihanna on August 23, 2015, 08:14:52 pm
Hey guys, i was just wondering (sorta late to ask :P) but do we always include cases into every question? i know they aren't really necessary in questions with less allocated marks, but i'm kinda confused about the whole idea about cases?

I've been using the standard cases (Mabo case, trigwell case, Kevin and jennifer etc.) , but i just don't see how i can insert them into a 4-6 markers? Are they really only reserved for the 8-10 markers? thanks guys :D

Cases when applied correctly, show a really good understanding of knowledge. They are definitely not necessary in every question and are only really necessary when the question asks for it. However, like you mentioned, they are really good for supporting arguments in the larger 8-10 mark questions. I highly recommend using examples for 'evaluate' questions, so you can ensure you are arguing with some sort of legitimacy.
In smaller questions, they can be used to clarify the information you are supplying or support an argument you are making. (E.g. if you are talking about ways you can avoid precedent, you could use an example to show when avoiding precedent occurred) But again, is not necessary unless the question specifically asks for an example.

Does this help?
Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on August 24, 2015, 04:01:13 pm
Hey Guys,
Chapter 9 (Civil Procedure)
Do we need to evaluate the pre-trial procedures?
Can't find it in the study design
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 24, 2015, 06:00:18 pm
What are the disadvantages of mediation not having to comply to the rules of evidence and procedure?
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on August 24, 2015, 06:18:38 pm
What are the disadvantages of mediation not having to comply to the rules of evidence and procedure?

You could argue that the absence of strict rules of evidence and procedure may not cater to each types of parties as some parties believe that formality is necessary during a dispute resolution session. Also, the absence of rules of procedure could help create a sense imbalance during the mediation session in terms of the parties as one party may become overly dominant and the other party may have to sacrifice too much and thus resulting in an unjust outcome.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 24, 2015, 07:55:57 pm
You could argue that the absence of strict rules of evidence and procedure may not cater to each types of parties as some parties believe that formality is necessary during a dispute resolution session. Also, the absence of rules of procedure could help create a sense imbalance during the mediation session in terms of the parties as one party may become overly dominant and the other party may have to sacrifice too much and thus resulting in an unjust outcome.

Thank you for this helpful response  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 24, 2015, 08:30:15 pm
What are the disadvantages of mediation not having to comply to the rules of evidence and procedure?

Mediation actually has very strict rules of procedure - just not *trial* procedure. But the mediator goes through the rules for the mediation at the start, and they are designed to ensure that each party has equal chance for contribution and that neither can totally dominate the other - things like uninterrupted statements, and alone-time with the mediator to write a list of what they're willing to offer, are standard. Eg: http://www.aat.gov.au/steps-in-a-review/alternative-dispute-resolution/mediation-process-model

But you can critique it for not having any rules of *trial* procedure (eg examination of witnesses) that you particularly like.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 24, 2015, 08:33:33 pm
Hey Guys,
Chapter 9 (Civil Procedure)
Do we need to evaluate the pre-trial procedures?
Can't find it in the study design
Thanks

Even when strengths and weaknesses aren't listed in the Key Content, the ability to discuss/evaluate/form opinions is always a Key Skill.................for everything. Take U3 O2, for instance: there aren't any strengths and weaknesses listed in the whole Constitution outcome content!
Title: Re: VCE Legal Studies Question Thread
Post by: iClinton on August 25, 2015, 12:28:11 am
Even when strengths and weaknesses aren't listed in the Key Content, the ability to discuss/evaluate/form opinions is always a Key Skill.................for everything. Take U3 O2, for instance: there aren't any strengths and weaknesses listed in the whole Constitution outcome content!
Okay, thanks
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 25, 2015, 08:48:59 am
Even when strengths and weaknesses aren't listed in the Key Content, the ability to discuss/evaluate/form opinions is always a Key Skill.................for everything. Take U3 O2, for instance: there aren't any strengths and weaknesses listed in the whole Constitution outcome content!

Wait, so from this I would probably have to know how to evaluate criminal pre-trial procedures right???
How would you structure a question like this: would you dedicate a separate paragraph to evaluating bail, remand and committal proceedings? or would you take 1 "characteristic" like 'fair and unbiased trial' and then evaluate how well each of the procedures fulfill this proceeding????
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 25, 2015, 04:11:46 pm
Wait, so from this I would probably have to know how to evaluate criminal pre-trial procedures right???
How would you structure a question like this: would you dedicate a separate paragraph to evaluating bail, remand and committal proceedings? or would you take 1 "characteristic" like 'fair and unbiased trial' and then evaluate how well each of the procedures fulfill this proceeding????

Yep. And depends on the wording of the question - plus individual preference.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 25, 2015, 05:59:46 pm
Yep. And depends on the wording of the question - plus individual preference.

Thank-you! My teacher told me that if the question is "evaluate the effectiveness of criminal pre-trial procedures" you evaluate using FAT, but in a question that's like "evaluate criminal pre-trial procedures" you would evaluate them individually one-by-one? Is that right?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 25, 2015, 06:14:36 pm
Thank-you! My teacher told me that if the question is "evaluate the effectiveness of criminal pre-trial procedures" you evaluate using FAT, but in a question that's like "evaluate criminal pre-trial procedures" you would evaluate them individually one-by-one? Is that right?

Not reallllllllly. They're virtually identical.

In the first one you would have to throw in references to 'fair', 'time' and something to do with access (maybe cost, maybe physical location, etc) - but you wouldn't need to rely heavily on the features and you certainly wouldn't need to structure your answer around them... although you absolutely could if you wanted to.

In the second one you could answer it in exactly the same way - the only difference is that the examiner won't be explicitly looking for those references to 'fair' etc sprinkled through (although it would be REALLY hard to evaluate procedures without *any* mention of time, cost, complexity, etc, so it's seriously not anything to worry about!).

Generally it's the *task* word that tells you how to structure your answer: not the content words. And, even then, there's a lot of individual preference involved.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 25, 2015, 08:00:35 pm
Not reallllllllly. They're virtually identical.

In the first one you would have to throw in references to 'fair', 'time' and something to do with access (maybe cost, maybe physical location, etc) - but you wouldn't need to rely heavily on the features and you certainly wouldn't need to structure your answer around them... although you absolutely could if you wanted to.

In the second one you could answer it in exactly the same way - the only difference is that the examiner won't be explicitly looking for those references to 'fair' etc sprinkled through (although it would be REALLY hard to evaluate procedures without *any* mention of time, cost, complexity, etc, so it's seriously not anything to worry about!).

Generally it's the *task* word that tells you how to structure your answer: not the content words. And, even then, there's a lot of individual preference involved.

Thank you very much for the clarification! I appreciate it! :)
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on August 29, 2015, 10:25:39 pm
Cases when applied correctly, show a really good understanding of knowledge. They are definitely not necessary in every question and are only really necessary when the question asks for it. However, like you mentioned, they are really good for supporting arguments in the larger 8-10 mark questions. I highly recommend using examples for 'evaluate' questions, so you can ensure you are arguing with some sort of legitimacy.
In smaller questions, they can be used to clarify the information you are supplying or support an argument you are making. (E.g. if you are talking about ways you can avoid precedent, you could use an example to show when avoiding precedent occurred) But again, is not necessary unless the question specifically asks for an example.

Does this help?


ahhh! that makes sense! thanks heaps! BTW, are you doing Legal Studies this year or have you already completed it?
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on August 31, 2015, 04:32:17 pm
Question!! So if you got a q saying "Evaluate the adversary system." Do you need to evaluate all 5 features of the adversary system to get all 10 marks??? what if you wrote a lot on just 4 features??? if the 5th one necessary??
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 11, 2015, 11:20:58 pm
No, it's way more flexible than that. I'd do at least three.
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on September 12, 2015, 08:34:21 pm
No, it's way more flexible than that. I'd do at least three.

Thank-you so much!!! You're a god send meganrobyn!
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on September 12, 2015, 10:41:34 pm
Would you say that s.128 comes under the structural protection of rights as they allow express rights to be amended via the referendum process?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 14, 2015, 12:24:38 pm
Would you say that s.128 comes under the structural protection of rights as they allow express rights to be amended via the referendum process?

Yep, I would - tying it in with a democratic system. Luckily, structural protections are unlisted and ambiguous, so you have a fair bit of wiggle-room.
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on September 14, 2015, 06:26:39 pm
Yep, I would - tying it in with a democratic system. Luckily, structural protections are unlisted and ambiguous, so you have a fair bit of wiggle-room.

Thanks! and also another question: how long should a typical 10 marker response be? Like roughly how many pages or words etc.

Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on September 23, 2015, 07:23:39 pm
Which key question words demand a concluding paragraph? For example I've been doing a conclusion for pretty much everything (Discuss, examine, evaluate, critically evaluate etc) but I'm not sure if all of them need a conclusion and I might just be wasting time by writing it for all. So which key words definitely demand a conclusion?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 24, 2015, 11:09:43 am
Which key question words demand a concluding paragraph? For example I've been doing a conclusion for pretty much everything (Discuss, examine, evaluate, critically evaluate etc) but I'm not sure if all of them need a conclusion and I might just be wasting time by writing it for all. So which key words definitely demand a conclusion?

Anything that asks for an opinion (ie the ones you listed, generally, plus a few others in the same category) demands either an introductory sentence or concluding sentence or both (you can also weave the opinion through the answer, but that's harder) - note, though, a *sentence*. Never a paragraph.
Title: Re: VCE Legal Studies Question Thread
Post by: scottg15 on October 07, 2015, 05:22:06 pm
Can someone help me with a strength of the jury system relating to the timely resolution of disputes???
Thanks in advance
Title: Re: VCE Legal Studies Question Thread
Post by: euphoric on October 10, 2015, 07:58:53 pm
Tips on how to remember all the theory in legal?
Title: Re: VCE Legal Studies Question Thread
Post by: maddiej on October 13, 2015, 05:58:32 pm
Hi,

Just wondering if we are required to have an evaluation of the concepts of the overall concepts of  implied rights, express rights, separation of powers and Australias approach to rights protection?

Thanks!

also scottg15 does this help: Juries don’t give reasons for their decisions which probably helps to reduce the number of appeals. Additionally there is a tendency of being more accepting of jury decisions, as they include community values 
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 13, 2015, 09:36:05 pm
Tips on how to remember all the theory in legal?

Hey man! I suggest breaking everything up into manageable sections and then from there, delegating certain amount of time to each section. You could also try to teach someone else the content ( not necessarily someone, you can do the 'teach the dog' [or pillow in my case, as i have no pets sad lifeeee] .
Also, use acronyms for a lot of things i.e Reversing, Disapproving, Over-ruling and Distinguishing can be remembered by R.O.D.D

Try using different colours to help break up repititive content (psychology says it helps you remember better, and it looks nice = all round winning ;D

Try listening to other people recite the content. if you want, you can try create funny or memorable 'memories' of that moment to help you remember (my teacher grabbed an umbrella when describing specific powers and how concurrent and exclusive powers fall under the 'SPECIFIC UMBRELLA', which made me LOL in class and yeah i literally cannot forget that now ;D)

And the best tip is.. BELIEVE IN YASELFF , YA BISH!
 seriously, believe you can and you are already half way there (my life story tbh, i have been so lazy all year and now im killing exam prep). Try your best to enjoy the content, in and amongst all the stress, you really tend to forget how enjoyable legal truly is :)

goood luck!!!
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 13, 2015, 09:46:10 pm
Hi,

Just wondering if we are required to have an evaluation of the concepts of the overall concepts of  implied rights, express rights, separation of powers and Australias approach to rights protection?

Thanks!

also scottg15 does this help: Juries don’t give reasons for their decisions which probably helps to reduce the number of appeals. Additionally there is a tendency of being more accepting of jury decisions, as they include community values

by evaluation , i am assuming you mean strengths and weakness. Personally, i woudn't say you would need to learn and evaluate all of those concepts directly, but it would be sensational to know them down to their intricacies. i.e the implied right of political communication arose from the necessity to uphold structural protectioins (mainly representative and responsible government, i mean , if you cannot talk about the politicians representing you / vote and deliberate  on these aforementioned politicians (as this is not a clear cut express right or structural protection) , how can you ensure you truly have a representative gov?

Things like that ^^ should suffice in your discussion. and linking to cases (I.e The Roach Case) should be plenty to award full marks in an exam situation

(BTW, if anyone disagrees with me, please say so! Anything i have stated is from pure knowledge accrued, and is accurate to the extent of my ability; please correct me if i have given inaccurate or false information!!)

Good luck!!

EDIT: didn't make sense, fixed it up now :)
Title: Re: VCE Legal Studies Question Thread
Post by: scottg15 on October 14, 2015, 04:59:54 pm
Quote
also scottg15 does this help: Juries don’t give reasons for their decisions which probably helps to reduce the number of appeals. Additionally there is a tendency of being more accepting of jury decisions, as they include community values

Yep does. It just sounds stupid if you're arguing that it is an effective system, but you only have negatives in relation to a timely resolution. So yeah, thanks heaps
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 17, 2015, 09:44:34 pm
how many practice exams has everyone done? I've done a few, but they (to me ) aren't as effective in improving my marks as i'd like them to be. I find that reading more and more of my notes helps me much more than practice exams- the questions in the exam  don't seem to throw me 'off guard' and i usually get full marks for them (and when i don't , it's due to not going extremely in-depth due to lack of memorisation of every single concept in my text book and notes).

Sorry for the huge as question , it;s just im finding reading my notes more effective than prac exams (whilst doing generally well in them) - anyone else feel the same ? :D
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on October 17, 2015, 09:56:31 pm
how many practice exams has everyone done? I've done a few, but they (to me ) aren't as effective in improving my marks as i'd like them to be. I find that reading more and more of my notes helps me much more than practice exams- the questions in the exam  don't seem to throw me 'off guard' and i usually get full marks for them (and when i don't , it's due to not going extremely in-depth due to lack of memorisation of every single concept in my text book and notes).

Sorry for the huge as question , it;s just im finding reading my notes more effective than prac exams (whilst doing generally well in them) - anyone else feel the same ? :D
This happens to most people, I'd say. Legal Studies is a big 'content subject', so to speak. Much of the marks you gain will be from simply knowing the content. Obviously, there will be times when you're asked to cross over between areas of the study design that rely on your ability to apply info. If you're finding that simply churning through the content is better for you, by all means do it. Just keep in mind that there will usually be a question or two on the exam that will really test your thinking and won't be as simple as identifying which dotpoint they fall under in the SD. Best of luck!
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 18, 2015, 09:38:56 am
This happens to most people, I'd say. Legal Studies is a big 'content subject', so to speak. Much of the marks you gain will be from simply knowing the content. Obviously, there will be times when you're asked to cross over between areas of the study design that rely on your ability to apply info. If you're finding that simply churning through the content is better for you, by all means do it. Just keep in mind that there will usually be a question or two on the exam that will really test your thinking and won't be as simple as identifying which dotpoint they fall under in the SD. Best of luck!

Ahh fair enough :) if I may ask , how many practice exams did you do for legal last year ? Did you revise everyday for legal the month before ? Thanks !! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on October 18, 2015, 10:11:49 am
if I may ask , how many practice exams did you do for legal last year ?
I didn't record the number, so I'd be guessing in telling you. I'd estimate somewhere in the range of 10-15. The actual number of prac exams doesn't really matter. It's just whether or not you learn not to repeat the mistakes you made in the last exam. In a similar vein, it may not be a good use of your time to repeatedly do easy questions that you know you'll get. Instead, go through exams and highlight what you think the harder/'higher order thinking' questions are, and then focus on them.

This is assuming you have a good hold on your content first. It's not a good use of your time to spam exams if you don't know your raw content, as you'll get little out of doing the exam itself in comparison.
Quote
Did you revise everyday for legal the month before ?
I tried to incorporate it as often as possible. Probably not every day, as I was juggling 5 other subjects alongside, but even if you can get a nice 15 minute period it, it can help more than you think. Doing the same amount progressively over a month is better than trying to cram it all into a few periods.
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on October 18, 2015, 11:10:48 am
I try and usually skip the first few questions in a practice exam and go straight to the 6+ markers, I don't know I feel like already know how to do the lower mark questions. But for the VCAA exams 2011-2014, I'm doing all of those properly with timed constraints.
This has been working for me so far...
Title: Re: VCE Legal Studies Question Thread
Post by: euphoric on October 18, 2015, 09:05:05 pm
when it says to compare a feature of the adversary system with the inquisitorial system for eg. role of the parties? Do I only state the difference between the roles of the parties in the adversary system and inquisitorial system or do I also have to look at similarities?
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on October 19, 2015, 08:31:15 pm
when it says to compare a feature of the adversary system with the inquisitorial system for eg. role of the parties? Do I only state the difference between the roles of the parties in the adversary system and inquisitorial system or do I also have to look at similarities?
Depends on the amount of marks, I think. However, I believe that comparison can mean both similarities and differences. Conversely, something such as 'distinguish' would imply just differences.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 20, 2015, 01:25:34 pm
No - in Legal 'compare' always means both. It's in the Assessor's Reports.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on October 25, 2015, 05:07:23 am
I always would err on the side of writing more even if the marks don't directly correspond. Here, Megan's pointed out that any compare question necessitates similarities and differences, so you're going to lose marks if you don't show how the two systems are similar, but even in general I'd advise you to write more, just so there's no chance of you losing marks - e.g write 8 points for 7 markers, 10 points for 9 markers etc.
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 27, 2015, 07:52:46 pm
hey guys, hope you are always studying really hard for your upcoming exams! (good luck for english tomorrow!! )
Just wondering, does anyone have a list of areas that have been answered poorly within the current study design? Was going to make my own and chuck it on here, but fi someone has already done it, could you please share !?
Thanks guys :)
Title: Re: VCE Legal Studies Question Thread
Post by: maddihanna on November 03, 2015, 07:48:55 pm
What are your estimates for the 10 marker?
I'm thinking either something along the lines of "with reference to the relationships between courts and parliament, discuss the effectiveness of courts and parliament as law-makers"

Or even a critical evaluation of the jury where you suggest reforms/alternatives...?

What do you guys reckon?
Title: Re: VCE Legal Studies Question Thread
Post by: Übermensch on November 03, 2015, 08:40:26 pm
I'm thinking evaluate how effectively rights are protected under the Commonwealth Constitution or explain the doctrine of precedent and to what extend does it provide for effective law-making. Just hopefully something easy  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on November 03, 2015, 10:22:03 pm
Yeah I'm thinking it might be the effectiveness of the jury system with reforms/alternatives + recent changes
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on November 04, 2015, 09:53:47 pm
hey guys!!
need some help, i didnt realise i had no similarities between the adversarial and inquistorial system, i couldnt find any for role of the parties, burdern & standard proof and need for legal rep.
If anyone can tell me some similiarities that would be great!!! exams are so soon and im stressing like crazy  ::)

hey guys!!
need some help, i didnt realise i had no similarities between the adversarial and inquistorial system, i couldnt find any for role of the parties, burdern & standard proof and need for legal rep.
If anyone can tell me some similiarities that would be great!!! exams are so soon and im stressing like crazy  ::)
[/quote]

i dont really have any either, but i wouldnt worry so much, i doubt there will be a question on this, and even if it did, i think the similarities are pretty self explanatory i.e Role of parties is to present their best possible case, albeit there is less party control in the inquisitorial system compared to the adversary system. :)
Title: Re: VCE Legal Studies Question Thread
Post by: esthertham58 on November 05, 2015, 04:06:48 pm
Hi Everyone,
Doing legal exam this year and have some questions
Would it be ok if I used pencil and write an outline on the page before writing the answer? And while writing an answer, let say a six marker, will the examiner stop reading my answer after reading the sixth point even if the question does not specify the number of points to be written. (Eg - Identify the one purpose of imprisonment?)

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on November 05, 2015, 05:03:55 pm
Hi Everyone,
Doing legal exam this year and have some questions
Would it be ok if I used pencil and write an outline on the page before writing the answer? And while writing an answer, let say a six marker, will the examiner stop reading my answer after reading the sixth point even if the question does not specify the number of points to be written. (Eg - Identify the one purpose of imprisonment?)

Thanks!
im sure using pencil to write an outline is fine, i was also planning on doing this. Just make sure you rub it out and write feintly , you dont want it accidentally scanned and have it mess up your answer.
With your second question, if i a question has not specified how many points are needed (i.e two weaknesses of civil pre-trial procedure and how vcat can avoid them), then the examiner will read all of the question. If it has specified a number of points, let's say 'x' points, then the examiner will read up to 'x' points and no more than that, so make sure you explain those points well. :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 05, 2015, 05:47:49 pm
The Legal exam isn't scanned, so don't worry about scanning issues - which also means you should just finish your answer below the lines! Also don't worry about wasting time switching to pencil: just do a quick pen plan in the margin if you want one :)
Title: Re: VCE Legal Studies Question Thread
Post by: jonte on November 05, 2015, 06:40:31 pm
I'm aware that there are 4 divisions of VCAT and not 3 like my text book and revision notes tell me. In the exam, would you recommend talking about the 4 divisions or just leaving it at 3?

Thanks,
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on November 05, 2015, 07:11:14 pm
The Legal exam isn't scanned, so don't worry about scanning issues - which also means you should just finish your answer below the lines! Also don't worry about wasting time switching to pencil: just do a quick pen plan in the margin if you want one :)
oh okay , thank yoU!
Just a question, i feel as if i know my content well and my expression and explanation of content is good, but im wondering, any tips dealing with stress? Ive worked super hard in revising for this subject and its my only 3/4 subject, its just im really nervous (you can probably tell based on how my sentence structure looks like :P)
 
THANK YOU!! :D
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 05, 2015, 09:18:37 pm
I guess my only piece of advice is what works for me: compartmentalise and stop thinking about how you feel. Your feelings are irrelevant - you just need to DO. Just focus on what you're doing, and try to ignore whether you feel nervous, confident, etc. Also ignore the future, possible scores, potential marks, outcomes, consequences. Just try to be a bit more routine and task-oriented rather than outcome-oriented. It's not an exam: it's just sitting down and writing some shit you've written a million times before. That's the part that's in your control, so just do it.
Title: Re: VCE Legal Studies Question Thread
Post by: tinagan on November 06, 2015, 05:36:05 pm
could someone help with how civil and criminal pre-trial procedures promote effective access to the legal system?
Title: Re: VCE Legal Studies Question Thread
Post by: euphoric on November 06, 2015, 09:23:18 pm
Do examiners take off marks for structure and expression? Like if you had the correct information but your expression was a bit off. Would you only receive 5/6 marks or would you be able to receive full marks as you had the correct information but not worded fluently
Title: Re: VCE Legal Studies Question Thread
Post by: cameotodd on November 07, 2015, 08:28:20 pm
During the marking process, are legal exams scanned or marked in hard copy?
Title: Re: VCE Legal Studies Question Thread
Post by: esthertham58 on November 08, 2015, 07:16:30 pm
Hi Everyone,

I am sort of confused about addressing certain parts of a question.
For example in the 2012 , Q13 states' In a recent submission to the VLRC, an individual stated that the jury system is outdated and should be abolished. Discuss the extent to which you agree or disagree with this statement. In your answer describe the role of the VLRC"

According to the answer key, we have to list the strengths and weaknesses of jury as well as the role of VLRC. Do I need to address the issue whether VLRC is outdated????
Title: Re: VCE Legal Studies Question Thread
Post by: jyce on November 08, 2015, 07:37:26 pm
Do examiners take off marks for structure and expression? Like if you had the correct information but your expression was a bit off. Would you only receive 5/6 marks or would you be able to receive full marks as you had the correct information but not worded fluently

In any subject that requires written responses, expression is important in clearly communicating your ideas. However, as long as an assessor is able to understand what you're going on about, they're not going to penalise you on your expression. On the other hand, I'd say structure can definitely have an influence on your marks. For example, for the larger responses towards the end of the paper, it's always a good idea to provide a brief conclusion that summaries your main points.
Title: Re: VCE Legal Studies Question Thread
Post by: jyce on November 08, 2015, 07:38:29 pm
During the marking process, are legal exams scanned or marked in hard copy?

They were not scanned last year.
Title: Re: VCE Legal Studies Question Thread
Post by: jyce on November 08, 2015, 07:40:07 pm
Hi Everyone,

I am sort of confused about addressing certain parts of a question.
For example in the 2012 , Q13 states' In a recent submission to the VLRC, an individual stated that the jury system is outdated and should be abolished. Discuss the extent to which you agree or disagree with this statement. In your answer describe the role of the VLRC"

According to the answer key, we have to list the strengths and weaknesses of jury as well as the role of VLRC. Do I need to address the issue whether VLRC is outdated????

No. The question asks you to address the issue of whether the jury system is outdated. The background information explains a scenario where an individual has brought this issue to the VLRC, and the question wants you to briefly describe the role of the VLRC in addition to addressing whether the jury system is outdated. So I would recommend opening up with the role of the VLRC, and then move on to critically evaluating the jury system which is where the bulk of the marks would be awarded. It's a weird question.
Title: Re: VCE Legal Studies Question Thread
Post by: esthertham58 on November 08, 2015, 10:56:40 pm
Oh... I'm sorry, that was a typo error.
I meant do I have to answer how the jury was outdated....
Should I use recent reforms to argue that the jury is gradually improving and is not outdated? I read the assessor comments and they haven't specifically say that student should address this part.

Thanks for your help
Title: Re: VCE Legal Studies Question Thread
Post by: jyce on November 09, 2015, 12:04:21 am
Oh... I'm sorry, that was a typo error.
I meant do I have to answer how the jury was outdated....
Should I use recent reforms to argue that the jury is gradually improving and is not outdated? I read the assessor comments and they haven't specifically say that student should address this part.

Thanks for your help

That sounds like a perfectly fine idea for addressing the 'outdated' component of the question :)
Title: Re: VCE Legal Studies Question Thread
Post by: scottg15 on November 09, 2015, 09:40:22 pm
GOOD LUCK EVERYBODY!!!! SMASH THAT EXAM, AND SHOW THEM WHAT YOUR MADE OF!!!!
Title: Re: VCE Legal Studies Question Thread
Post by: Übermensch on November 10, 2015, 08:28:32 pm
I think that 10 marker confused the whole state; very unexpected!  ???
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on November 10, 2015, 08:44:35 pm
I think that 10 marker confused the whole state; very unexpected!  ???

yeah they're doing that more and more - connecting the various areas of study together.
Title: Re: VCE Legal Studies Question Thread
Post by: drmockingbird on November 10, 2015, 09:09:09 pm
Anyone have a copy of the exam?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on December 19, 2015, 05:20:31 pm
Could someone please explain the difference between the executive council and the cabinet?
Title: Re: VCE Legal Studies Question Thread
Post by: thaaanyan on December 19, 2015, 09:23:18 pm
Could someone please explain the difference between the executive council and the cabinet?
CABINET = policy making body that decides what changes should be made to the law. Is made up of senior ministers and the prime minter at federal level (and the premier at state level).
EXECUTIVE COUNCIL = A body that exists at both the federal and the state level. The Governor/Governor General sits with some cabinet ministers to give approval to regulations recommended by statutory authorities and government departments as per the enabling act. They also have power to make orders in council for emergency legislation
Hope this clears things up!
Title: Re: VCE Legal Studies Question Thread
Post by: Abs_tastic on December 19, 2015, 11:48:07 pm
- Caveat: am doing Law at university and have done a little bit of Constitutional law so what I say might be beyond Legal Studies but things to note:

1. Governor-General in theory heads executive branch but the PM/Premier does so in practice (as most Legal students would know)
2. s63 of the Constitution states that GG must act with the advise of the "Executive Council" and in practice Cabinet acts as the Executive Council - thus, by convention, this section is used to state that the GG must act in accordance to Cabinet not merely their executive power.
3. Executive Council and Cabinet, however, are not the same thing. Executive Council is broader, comprising of more members of the executive branch making administrative/executive decisions, such as regulations; whereas Cabinet (in most cases) only consists of government ministers.

** Interesting note: The Federal Cabinet is not mentioned at all in the Commonwealth Constitution and s63 is the only section which vaguely mentions the Cabinet (the exact words used is "GG in council" but these days, Cabinet, in practice, is taken as to mean the Executive Council.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on December 20, 2015, 06:32:29 am
CABINET = policy making body that decides what changes should be made to the law. Is made up of senior ministers and the prime minter at federal level (and the premier at state level).
EXECUTIVE COUNCIL = A body that exists at both the federal and the state level. The Governor/Governor General sits with some cabinet ministers to give approval to regulations recommended by statutory authorities and government departments as per the enabling act. They also have power to make orders in council for emergency legislation
Hope this clears things up!

Thank-you, however I am still unclear about the relationship between the two. Eg. is the cabinet formed within the executive council?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on December 20, 2015, 06:35:05 am
- Caveat: am doing Law at university and have done a little bit of Constitutional law so what I say might be beyond Legal Studies but things to note:

1. Governor-General in theory heads executive branch but the PM/Premier does so in practice (as most Legal students would know)
2. s63 of the Constitution states that GG must act with the advise of the "Executive Council" and in practice Cabinet acts as the Executive Council - thus, by convention, this section is used to state that the GG must act in accordance to Cabinet not merely their executive power.
3. Executive Council and Cabinet, however, are not the same thing. Executive Council is broader, comprising of more members of the executive branch making administrative/executive decisions, such as regulations; whereas Cabinet (in most cases) only consists of government ministers.

** Interesting note: The Federal Cabinet is not mentioned at all in the Commonwealth Constitution and s63 is the only section which vaguely mentions the Cabinet (the exact words used is "GG in council" but these days, Cabinet, in practice, is taken as to mean the Executive Council.

Thank-you. So does this mean that the Cabinet is formed within the Executive Council. And is the prime minister a part of both?
Title: Re: VCE Legal Studies Question Thread
Post by: Abs_tastic on December 20, 2015, 07:46:48 pm
Thank-you. So does this mean that the Cabinet is formed within the Executive Council. And is the prime minister a part of both?
No they're separate organs but in practice, the "Governor-General acting in council (executive council)" means the GG acting within the Federal Cabinet.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on December 22, 2015, 01:23:23 am
I think your confusion comes from people discussing definitions (the 'end result') without explaining the foundations of why the definitions are so (the reasoning):

In the Australian constitution there are three sources or law making/enforcing powers, that is the judiciary (courts - interpret and have the final say on questions of law, that is how the law is applied), legislature (parliament, makes the law 'supreme law making power') and the executive (in theory headed by the Crown with the power vested in the governor-general but in practice vested in the queen, administers the law using some powers it has simply due to history [that is, powers the British monarch had and therefore is exercised by the executive and the crown's representative] and some granted by parliament).

In the constitution there is also a separation of powers, that is, the three powers are supposed to have a degree of separation from each other (for several reasons including acting as a check and balance on each other).

The cabinet is a part of the legislative power, that is, the cabinet is made up of the prime minister and the senior ministers in parliament. The cabinet is responsible for most of the legislation brought to parliament, that is because the cabinet determines the party policies that would be pushed in parliament. The cabinet is not in the constitution, but is rather something that has developed in practice due to the way party politics works in Australia.

The executive council, is made up of the governor-general (representing the Crown) as well as the prime-minister and senior ministers. The executive council is responsible for administering the law, that is it can make regulations under powers delegated to it by parliament (such as road rules). Each minister in the executive council is responsible for a different portfolio, that is an area of executive power which is exercised by a government department, for example a health minister would be in charge of medicare and minister for police would be in charge of the Australian Federal Police in the federal context. The executive council also has some other powers, such as having the final say on matters of war and peace. The executive council sits at the top of the executive power. The executive power includes, as other posters have mentioned, several law enforcing/making bodies, such as the police, as the police also 'administer' the law.

In essence, although the cabinet and executive council are made up of mostly the same people, both the entities have different purposes and roles in the Australian governance and and are a part of different powers granted in the Australian constitution.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on December 22, 2015, 07:57:36 am
I think your confusion comes from people discussing definitions (the 'end result') without explaining the foundations of why the definitions are so (the reasoning):

In the Australian constitution there are three sources or law making/enforcing powers, that is the judiciary (courts - interpret and have the final say on questions of law, that is how the law is applied), legislature (parliament, makes the law 'supreme law making power') and the executive (in theory headed by the Crown with the power vested in the governor-general but in practice vested in the queen, administers the law using some powers it has simply due to history [that is, powers the British monarch had and therefore is exercised by the executive and the crown's representative] and some granted by parliament).

In the constitution there is also a separation of powers, that is, the three powers are supposed to have a degree of separation from each other (for several reasons including acting as a check and balance on each other).

The cabinet is a part of the legislative power, that is, the cabinet is made up of the prime minister and the senior ministers in parliament. The cabinet is responsible for most of the legislation brought to parliament, that is because the cabinet determines the party policies that would be pushed in parliament. The cabinet is not in the constitution, but is rather something that has developed in practice due to the way party politics works in Australia.

The executive council, is made up of the governor-general (representing the Crown) as well as the prime-minister and senior ministers. The executive council is responsible for administering the law, that is it can make regulations under powers delegated to it by parliament (such as road rules). Each minister in the executive council is responsible for a different portfolio, that is an area of executive power which is exercised by a government department, for example a health minister would be in charge of medicare and minister for police would be in charge of the Australian Federal Police in the federal context. The executive council also has some other powers, such as having the final say on matters of war and peace. The executive council sits at the top of the executive power. The executive power includes, as other posters have mentioned, several law enforcing/making bodies, such as the police, as the police also 'administer' the law.

In essence, although the cabinet and executive council are made up of mostly the same people, both the entities have different purposes and roles in the Australian governance and and are a part of different powers granted in the Australian constitution.

Thank you very much for this post!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 12, 2016, 12:37:21 pm
Hi All,

For those who have used Justice & Outcomes for their legal 3/4 book, is it essential that I know everything in the 'going further' sections or is it just good background knowledge to have for sacs and the exam?

Thanks  :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 12, 2016, 12:45:00 pm
Hi All,

For those who have used Justice & Outcomes for their legal 3/4 book, is it essential that I know everything in the 'going further' sections or is it just good background knowledge to have for sacs and the exam?

Thanks  :)

no, you don't need to know 'going further', as the title suggests it is further information completely out of the study design. I just ignored it.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on January 13, 2016, 11:32:35 pm
hi guys!  :) i have 2 questions:

1) the governor can't withhold/reserve royal assent, but can he still send the Bill back to the house it originated from, and/or suggest amendments to the Bill?

2) If a question asked me to 'explain the role of both houses in State Parliament', could i just state that they perform roles similar to their counterparts at fed level, and briefly outline the roles? or would i have to provide more detail?  :P

Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 13, 2016, 11:54:12 pm


2) If a question asked me to 'explain the role of both houses in State Parliament', could i just state that they perform roles similar to their counterparts at fed level, and briefly outline the roles? or would i have to provide more detail?  :P

Unless it's a compare or contrast with federal parliament question, I don't see how discussing or mentioning federal parliament helps.

Regarding how to explain the state houses if would depend on the amount of marks. If it was 2 or 3 marks you would just mention briefly how both debate/introduce legislation etc. with money bills reserved to the lower house and the upper house generally treated as a house of review. If it was 6 marks you would need a greater analysis of the make up of the houses, committees, where government is formed, how the upper house isn't always controlled by government etc.

Generally though a simple 'explain state parliament' would rarely be allocated more than 3 or 4 marks.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on January 14, 2016, 01:56:24 am
Unless it's a compare or contrast with federal parliament question, I don't see how discussing or mentioning federal parliament helps.

Regarding how to explain the state houses if would depend on the amount of marks. If it was 2 or 3 marks you would just mention briefly how both debate/introduce legislation etc. with money bills reserved to the lower house and the upper house generally treated as a house of review. If it was 6 marks you would need a greater analysis of the make up of the houses, committees, where government is formed, how the upper house isn't always controlled by government etc.

Generally though a simple 'explain state parliament' would rarely be allocated more than 3 or 4 marks.

great! thanks  :D
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 14, 2016, 02:21:54 am
great! thanks  :D

btw, I forgot to mention you should explain what parliament itself is and the nature of its power, (legislative power).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 15, 2016, 01:02:45 pm
btw, I forgot to mention you should explain what parliament itself is and the nature of its power, (legislative power).

You think? If the question only asked to explain the roles of the houses I don't think you'd need to say what parliament is - that's not in the question. You'd just have 1-2 marks approx allocated to each specific role you described, and based on that wording you'd need to make sure you covered both houses. They haven't tended to use that kind of absolute (ie "the roles") wording on the exam much (preferring things such as "one role"), and I think it's because it's inviting disagreement as to what roles are compulsory to include and which are optional - and the SD gives no guidance on this. So I think it might be more of a SAC wording; in which case, the compulsory roles to include would be quite teacher-based. But I'd say forming government and introducing the majority of bills would be the ones for the LH, and then probably just house of review for the UH. But without exact wording of the question, mark allocation and knowing the teacher it's hard to say more.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 17, 2016, 05:36:22 pm
Hi all,

In what ways does the separation of powers protect the stability of the government?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 17, 2016, 07:29:01 pm
Hi all,

In what ways does the separation of powers protect the stability of the government?

the governor-general (in the executive) has reserve powers which can be used in times of emergency to ensure the legislative power operates effectively. for example, if the result of an election is unclear the GG can declare the last prime-minister in office to be the prime-minister until such time as the result is clear (as in the case of a hung parliament - a useful example is Gillard's last term when she didn't have a majority of seats in the lower but managed to get the greens+enough independents to [mostly] commit to voting for her in parliament) - the GG can also dismiss and dissolve parliaments if they are operating illegally. there is also a double dissolution procedure, in the constitution, which allows the governor-general to dissolve the parliament and declare an election [after a series of other processes which isn't in the vce legal studies course] if a bill cannot be passed.

the judiciary (courts) can declare laws/actions made by the legislative and executive to be unconstitutional [an important thing to note is they are not declaring laws to be immoral or bad, they are merely saying they violate the constitution] thus keeping the legislative/executive in check.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 17, 2016, 07:42:05 pm
the governor-general (in the executive) has reserve powers which can be used in times of emergency to ensure the legislative power operates effectively. for example, if the result of an election is unclear the GG can declare the last prime-minister in office to be the prime-minister until such time as the result is clear (as in the case of a hung parliament - a useful example is Gillard's last term when she didn't have a majority of seats in the lower but managed to get the greens+enough independents to [mostly] commit to voting for her in parliament) - the GG can also dismiss and dissolve parliaments if they are operating illegally. there is also a double dissolution procedure, in the constitution, which allows the governor-general to dissolve the parliament and declare an election [after a series of other processes which isn't in the vce legal studies course] if a bill cannot be passed.

the judiciary (courts) can declare laws/actions made by the legislative and executive to be unconstitutional [an important thing to note is they are not declaring laws to be immoral or bad, they are merely saying they violate the constitution] thus keeping the legislative/executive in check.

Great! Thanks very much.
Title: Re: VCE Legal Studies Question Thread
Post by: yermum on January 19, 2016, 02:10:09 pm
Hi :) few questions
-why/why isn't parliament the supreme law making body?
-governor VS governor-general (their roles, royal assent)?
-separation of powers. Why are legislative and executive linked and judiciary separate from them?
-why aren't laws made my the courts? Advantages and limitations courts making law.
-why do laws need to change?
- what are the strengths and weaknesses of parliament as a law making body?

thank youuu!
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on January 19, 2016, 04:33:50 pm
Hi :) few questions
1. why/why isn't parliament the supreme law making body?
2. governor VS governor-general (their roles, royal assent)?
3. separation of powers. Why are legislative and executive linked and judiciary separate from them?
4. why aren't laws made my the courts? Advantages and limitations courts making law.
5. why do laws need to change?
6. what are the strengths and weaknesses of parliament as a law making body?
1. Parliament is the supreme law making body as it has the power to make, amend or cancel laws in areas within its powers as it wishes and is not bound by any previous parliament's laws (concept of parliamentary sovereignty). No court may cancel the laws of parliaments unless they are made outside of parliament's powers (unconstitutional).

2. Governor is in the state's executive. GG is the in the federal executive. Governor-generals can withhold royal assent (stopping a bill from becoming law) in certain circumstances whereas Governors cannot withhold royal assent anymore. From then on both retain similar roles in ensuring parliament and government operates in their respective levels.

3. I have explained this recently. If you look up in this thread you would see my response to a separation of powers question a page or two up.

4. Courts are bound by parliament, unless parliament's law is unconstitutional and even then courts can only abrogate the part of the law which violates the constitution, and uphold the rest. Courts are not democratically elected and their primary role is too interpret and apply the law made by parliament, not make the law itself. Courts have made some laws, that is the common law, made by courts, however courts do not possess the same research tools and democratic responsiveness as parliament and thus courts are usually unwilling to make 'common law' today, or even change previous common law. Today most laws are changed and made using acts of parliament. (there is more to be said on this topic but I can't explain it all here in one post)..

5. Technological changes, protection of the community, change in community values, law becomes unacceptable in light of changing times/circumstances and many more reasons. It's all listed in the text with good examples.

6. This is a very broad question, I suggest you read the textbook and come back if you have any more specific questions on the content. We can't just give it all to you on here because there are so many things to say.

Many of the questions you asked have also been answered before so if you use the search feature you could find a lot more responses/information on these questions.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 19, 2016, 08:37:00 pm
Hi :) few questions
-why/why isn't parliament the supreme law making body?
-governor VS governor-general (their roles, royal assent)?
-separation of powers. Why are legislative and executive linked and judiciary separate from them?
-why aren't laws made my the courts? Advantages and limitations courts making law.
-why do laws need to change?
- what are the strengths and weaknesses of parliament as a law making body?

thank youuu!

I'm sorry that this is a bit blunt, but it sounds like you're asking someone else to do your holiday homework for you. That doesn't help your own understanding, or your performance at the end of the year. The only thing that benefits you in the long run (and is respectful for other users of AN) is to do the work yourself, then ask for feedback or help. Every minute of that work is taking a step forward.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 23, 2016, 11:13:19 am
I'm just wondering what would be defined as 'recent' in regards to recent changes in the law.

Thanks in advance  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Alter on January 23, 2016, 11:31:02 am
I'm just wondering what would be defined as 'recent' in regards to recent changes in the law.

Thanks in advance  :)
Hi clarke.

In all of the examiner's reports and the study design it refers to students having a knowledge of 'recent' events, etc. However, this is never strictly defined by VCAA anywhere. However, according to Jules Aldous (textbook author and teacher) in her Herald Sun article, it is recommended that this is to be interpreted as "having taken place in the last few years". She came to this conclusion from an examiner's report referring to 'changes in the legal system' being loosely defined as this.

Aim for events/legislation/cases that have been introduced beyond 2015 to give yourself the best chance of wowing the examiner. In my end of year Legal exam I referred to Jacqui Lambie's antics in the senate because it was very topical and in the media at the time of the exam when I was evaluating parliament as a law-making body. You can do Google news searches to try and find examples that exist in 2016, and I'd recommend finding examples that you can use for more than one subject so that you don't have to cram as much into your memory.

Unfortunately there is no definitive answer. However, as a general rule, if you have two identically strong examples but one is more recent than the other, go for that one.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 23, 2016, 11:39:05 am
Hi clarke.

In all of the examiner's reports and the study design it refers to students having a knowledge of 'recent' events, etc. However, this is never strictly defined by VCAA anywhere. However, according to Jules Aldous (textbook author and teacher) in her Herald Sun article, it is recommended that this is to be interpreted as "having taken place in the last few years". She came to this conclusion from an examiner's report referring to 'changes in the legal system' being loosely defined as this.

Aim for events/legislation/cases that have been introduced beyond 2015 to give yourself the best chance of wowing the examiner. In my end of year Legal exam I referred to Jacqui Lambie's antics in the senate because it was very topical and in the media at the time of the exam when I was evaluating parliament as a law-making body. You can do Google news searches to try and find examples that exist in 2016, and I'd recommend finding examples that you can use for more than one subject so that you don't have to cram as much into your memory.

Unfortunately there is no definitive answer. However, as a general rule, if you have two identically strong examples but one is more recent than the other, go for that one.

Great, thanks Alter!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 23, 2016, 02:26:00 pm
I'm just wondering what would be defined as 'recent' in regards to recent changes in the law.

Thanks in advance  :)

Hey - the SD doesn't say, but the Advice to Teachers and prior Assessment Reports do give an answer: within five years (dated from the previous exam). So, this year, 2011 onwards.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 26, 2016, 06:27:40 pm
Hi All,

I just have some quick questions:

1. Do I need to know all the types of Bills that are introduced into Parliament?

2. In regards to the really specific, complicated roles of the Scrutiny of Acts and Regulations Committee and the Senate Standing Committee for the Scrutiny of Bills; are these necessary to know? Or do I just need to know the general roles in some detail (not to the extent listed in the book)?

Thanks in advance  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 29, 2016, 01:24:59 pm
Hi All,

I just have some quick questions:

1. Do I need to know all the types of Bills that are introduced into Parliament?

2. In regards to the really specific, complicated roles of the Scrutiny of Acts and Regulations Committee and the Senate Standing Committee for the Scrutiny of Bills; are these necessary to know? Or do I just need to know the general roles in some detail (not to the extent listed in the book)?

Thanks in advance  :)

None of this is required by the SD, or by previous exams. But your teacher may have a different opinion for SACs, and you might want some of this detail in one of your answers on parliament.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on January 29, 2016, 03:29:33 pm
None of this is required by the SD, or by previous exams. But your teacher may have a different opinion for SACs, and you might want some of this detail in one of your answers on parliament.

Thanks for the clarification!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on January 30, 2016, 04:10:09 am
hey guys! sorry if this comes off as a dumb question but:

i know one main function of parliament is to 'provide popular representation and debate', but what does that mean exactly?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 30, 2016, 09:17:19 am
hey guys! sorry if this comes off as a dumb question but:

i know one main function of parliament is to 'provide popular representation and debate', but what does that mean exactly?

Popular representation is different from proportional representation (that the Senate has) because each electorate is roughly the same size, so everyone's vote counts roughly the same (unlike voting as a state bloc). Theoretically, majority opinion should win. Connected to this, the lower house members are expected to represent the views of the people in general - not the interests of the states, for instance. Then you connect that with the idea of debating those different views.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on January 30, 2016, 05:47:14 pm
Popular representation is different from proportional representation (that the Senate has) because each electorate is roughly the same size, so everyone's vote counts roughly the same (unlike voting as a state bloc). Theoretically, majority opinion should win. Connected to this, the lower house members are expected to represent the views of the people in general - not the interests of the states, for instance. Then you connect that with the idea of debating those different views.

thanks for the clarification!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on February 03, 2016, 07:13:02 pm
Hi All,

I have been looking everywhere for a recent law (in the past 5 years) that has encouraged changes in values in the society.

If anyone knows of any I would really appreciate some advice!

Thanks in advance
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on February 05, 2016, 10:08:57 pm
Hi All,

I have been looking everywhere for a recent law (in the past 5 years) that has encouraged changes in values in the society.

If anyone knows of any I would really appreciate some advice!

Thanks in advance

The Equal Opportunity Act 2010 aimed to promote a change in the views of employers when hiring employees, and aimed to reduce discrimination and create a culture shift and equal workplaces, where merit is valued, rather than other factors e.g. sexual orientation. Another example is the Victorian Charter of Human Rights and Responsibilities Act 2006 which educated and encourages people to be respectful of human rights and force government to act in a way that respects the human rights of all individuals. This is now why a statement of compatibility is tabled in parliament when a new bill is introduced.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on February 06, 2016, 11:45:57 am
The Equal Opportunity Act 2010 aimed to promote a change in the views of employers when hiring employees, and aimed to reduce discrimination and create a culture shift and equal workplaces, where merit is valued, rather than other factors e.g. sexual orientation. Another example is the Victorian Charter of Human Rights and Responsibilities Act 2006 which educated and encourages people to be respectful of human rights and force government to act in a way that respects the human rights of all individuals. This is now why a statement of compatibility is tabled in parliament when a new bill is introduced.

Thank you, but would this be considered to be too outdated?
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on February 10, 2016, 10:52:28 pm
hey all  :D quick question, how exactly is separation of powers associated with democracy? i asked my teacher but he really confused me so any clarification would be appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on February 11, 2016, 01:26:47 am
hey all  :D quick question, how exactly is separation of powers associated with democracy? i asked my teacher but he really confused me so any clarification would be appreciated!

Well really, there is no inherent link between the separation of powers and democracy. The separation of powers is merely the division between the three law making and enforcing powers that exist at the Australian federal level, while democracy is just a system of government in which all the people in a polity are involved in decision making (usually through representative parliament as exists in Australia). A democracy could exist without a separation of powers, and a separation of powers could exist without democracy.

But the separation of powers does support democracy in some ways. For example the separation between the legislature (parliament) and judiciary (courts), ensures that the courts, namely the High Court, maintain independence and can apply the constitution to ensure parliament only makes laws within its powers. The High Court also has the power to ensure parliament acts properly when making laws, if a law directs a court to do something which is not within its capacity or a law forces something which is so vastly inconsistent with the Australian governmental system (usually by being unconstitutional) it is struck out.

Furthermore the separation of powers allows the legislature and executive (governor-general representing the queen) to exercise reserve powers, these can be used in an emergency to ensure proper functioning of parliament, for example if the result of an election is unclear, the GG can declare that the last known prime-minister remain in charge until such time as a new prime-minister is determined. The GG can also dismiss prime-minsters and governments if they act illegally/improperly/incapably (this is not judging political issues or merely because the GG disagrees with what is happening but is due to serious issues) as well as call double-dissolutions which dissolve parliaments and bring new elections if there is a dead-heat and a bill cannot be passed by parliament following a set out process (the process of which is not relevant to the VCE course).

All of these checks and balances (in theory) help maintain the health of democracy by ensuring regular elections and that parliament respects the system and acts within its mandate by the people who elect the government and parliament (Australians).

If you remember and can explain it, how did your teacher explain it? I'm just interested to know.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on February 11, 2016, 02:15:01 pm
Well really, there is no inherent link between the separation of powers and democracy. The separation of powers is merely the division between the three law making and enforcing powers that exist at the Australian federal level, while democracy is just a system of government in which all the people in a polity are involved in decision making (usually through representative parliament as exists in Australia). A democracy could exist without a separation of powers, and a separation of powers could exist without democracy.

But the separation of powers does support democracy in some ways. For example the separation between the legislature (parliament) and judiciary (courts), ensures that the courts, namely the High Court, maintain independence and can apply the constitution to ensure parliament only makes laws within its powers. The High Court also has the power to ensure parliament acts properly when making laws, if a law directs a court to do something which is not within its capacity or a law forces something which is so vastly inconsistent with the Australian governmental system (usually by being unconstitutional) it is struck out.

Furthermore the separation of powers allows the legislature and executive (governor-general representing the queen) to exercise reserve powers, these can be used in an emergency to ensure proper functioning of parliament, for example if the result of an election is unclear, the GG can declare that the last known prime-minister remain in charge until such time as a new prime-minister is determined. The GG can also dismiss prime-minsters and governments if they act illegally/improperly/incapably (this is not judging political issues or merely because the GG disagrees with what is happening but is due to serious issues) as well as call double-dissolutions which dissolve parliaments and bring new elections if there is a dead-heat and a bill cannot be passed by parliament following a set out process (the process of which is not relevant to the VCE course).

All of these checks and balances (in theory) help maintain the health of democracy by ensuring regular elections and that parliament respects the system and acts within its mandate by the people who elect the government and parliament (Australians).

If you remember and can explain it, how did your teacher explain it? I'm just interested to know.

ohhhh makes sense now  :P really appreciate this, thanks so much!

my teachers explanation was nowhere near as in-depth & insightful as yours- he said that in a democracy, people are able to vote their preferred politicians into office, and how the separation of powers doctrine ensures that these politicians don't act outside their powers (after reading this post im very certain he's incorrect, or maybe he didn't understand what i was asking).

thankyou once again  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 13, 2016, 08:59:52 pm
hey all  :D quick question, how exactly is separation of powers associated with democracy? i asked my teacher but he really confused me so any clarification would be appreciated!

There is an absolute link between the SoP and democracy. In an indirect democracy the people delegate power to government (via a constitution of some kind) to govern on their behalf. In order to prevent the abuse of this delegated power, we split government into three branches, with checks and balances.

See, the crown isn't part of democracy (it's kind of awkwardly stuck on the top of a democracy) and the crown also isn't part of the separation of powers. We use the Constitution to set up the SoP and to *also* limit the power of the sovereign, but they gave royal assent to the Constitution in the first place...
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on February 19, 2016, 06:57:44 pm
Hi Everyone,

When talking about the VLRC and explaining it's role with an example, what types of thing about the example should you include?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 20, 2016, 05:51:50 pm
Hi Everyone,

When talking about the VLRC and explaining it's role with an example, what types of thing about the example should you include?

Keep in mind that the example is worth approx 1 mark tops. So, short answer, NOT MANY THINGS. I'd just have what topic it was on, maybe the year or the duration of the investigation (to support arguments about how long it takes), the basic purpose of the investigation, and one or two key recommendations plus whether they were implemented. That should be plenty to use only what's relevant in any particular answer.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on February 23, 2016, 04:58:15 pm
hey everyone!

what happens exactly in a double dissolution? i know it's not examinable but im just curious about the process  :P thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on February 23, 2016, 05:31:41 pm
hey everyone!

what happens exactly in a double dissolution? i know it's not examinable but im just curious about the process  :P thanks in advance!

It's really complicated, but basically when a bill cannot be passed the governor-general dissolves the parliament and a new election is held. Then the new parliament tries to pass the bill, if the new parliament cannot pass it a joint sitting of both houses is arranged and the majority of that joint sitting decides whether the bill is passed or rejected.

Wikipedia explains the full process and constitutional requirements if you want to read it https://en.wikipedia.org/wiki/Double_dissolution

Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on February 24, 2016, 10:41:42 pm
It's really complicated, but basically when a bill cannot be passed the governor-general dissolves the parliament and a new election is held. Then the new parliament tries to pass the bill, if the new parliament cannot pass it a joint sitting of both houses is arranged and the majority of that joint sitting decides whether the bill is passed or rejected.

Wikipedia explains the full process and constitutional requirements if you want to read it https://en.wikipedia.org/wiki/Double_dissolution

nice, thanks chase  :)

one other question: would the Scrutiny of Acts and Regulations Committee have to examine a Bill after the second reading speech in the Legislative Council, after it has already done so in the Legislative Assembly? or do they only perform this check once? i really appreciate all the help, thanks everyone!
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on March 06, 2016, 10:00:13 am
Hi all,

If I come across the questions of, 'Explain two differences between the role of the Legislative Council and the role of the Legislative Assembly' in a SAC, would it be sufficient to talk about the Legislative Assembly's role to determine government and the Legislative Council's role to act as a house of review. I understand that the Legislative Assembly also reviews legislation, but not to the same extent as the Legislative Council, therefore would it be acceptable for this to be a difference in roles?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 06, 2016, 02:40:37 pm
Hi all,

If I come across the questions of, 'Explain two differences between the role of the Legislative Council and the role of the Legislative Assembly' in a SAC, would it be sufficient to talk about the Legislative Assembly's role to determine government and the Legislative Council's role to act as a house of review. I understand that the Legislative Assembly also reviews legislation, but not to the same extent as the Legislative Council, therefore would it be acceptable for this to be a difference in roles?

Absolutely - they don't have to be 100% different (arguably, even determining government isn't 100% different because the Senate can influence government by rejecting the budget a la 1975). Make sure you say *how* they are differences, though, because that task word requires more than just stating each role and leaving it implied that it's different.
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on March 09, 2016, 01:42:20 pm
Hi All, I was just wondering if anyone had any past/practice SACS for Unit 3 Outcome 2 (constitution, High Court etc.) I'm struggling to find any practice resources. :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 09, 2016, 05:53:43 pm
Hi All, I was just wondering if anyone had any past/practice SACS for Unit 3 Outcome 2 (constitution, High Court etc.) I'm struggling to find any practice resources. :)

we are banned from sharing copyrighted material on these forums. have you asked your teacher?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on March 09, 2016, 07:31:05 pm
Has everyone already had their first SAC?
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on March 09, 2016, 08:17:10 pm
Has everyone already had their first SAC?

just had my second one (on changing the law) and sac 3 (constitution) is on the last day of term  :'(
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on March 09, 2016, 08:48:12 pm
just had my second one (on changing the law) and sac 3 (constitution) is on the last day of term  :'(

Wow, your school is very fast. Our first SAC on chapters 1 and 2 is tomorrow   :D
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on March 11, 2016, 10:03:48 pm
Wow, your school is very fast. Our first SAC on chapters 1 and 2 is tomorrow   :D

yeah, our teacher generally rushes through powerpoints and then gives us practice sacs a week before the real sac, so in total he spends 2-3 weeks on a topic  :-X best of luck with your sac!  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 17, 2016, 09:13:14 am
yeah, our teacher generally rushes through powerpoints and then gives us practice sacs a week before the real sac, so in total he spends 2-3 weeks on a topic  :-X best of luck with your sac!  ;D

Then use this time to get a skeleton of your own exam topic notes down - and, once you hit the end of Unit 3 (around Week 7 Term 2), you can(should) spend time every single week revising past topics and filling out your notes with better detail and wording.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on March 17, 2016, 11:44:48 am
Then use this time to get a skeleton of your own exam topic notes down - and, once you hit the end of Unit 3 (around Week 7 Term 2), you can(should) spend time every single week revising past topics and filling out your notes with better detail and wording.

yep i'm definitely doing that  :) i tend to put detail into my notes before the SAC, but will definitely add more before exam time
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on March 17, 2016, 04:42:05 pm
Quick question... When states refer law making power to the Commonwealth, does this power then become exclusive or concurrent? :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on March 18, 2016, 08:47:12 pm
Quick question... When states refer law making power to the Commonwealth, does this power then become exclusive or concurrent? :)

Hi there,

Good question, I was stuck on the same thing.

My textbook states that this is an element of uncertainty with the referral of powers, as to whether it then becomes exclusive. Apparently these questions have not been tested in court as the need has never arisen whereby the states need to take back or change the referral of power.

I hope this helps.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 19, 2016, 03:35:02 pm
Hi there,

Good question, I was stuck on the same thing.

My textbook states that this is an element of uncertainty with the referral of powers, as to whether it then becomes exclusive. Apparently these questions have not been tested in court as the need has never arisen whereby the states need to take back or change the referral of power.

I hope this helps.  :)

Haha, do you have my textbook??!! (CPAP)

Yes, that's basically it. Because of the wording of s51, and the fact that a referral comes under s51, we assume it becomes concurrent. And HCA obiter supports that. BUT it's theoretically possible that a state could pass a referral *saying* it's exclusive - what then? Who knows. Also, you can argue that, because the s109 inconsistency rule applies to referrals, they basically become exclusive in an everyday practical sense, if not a legal one.

Legally, though - probably concurrent.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on March 19, 2016, 05:57:30 pm
hey guys  :) quick question:

my textbook says that after the 2nd reading speech in vic parliament, the Scrutiny of Acts and Regulations committee examines the details of the bill. at federal level, would this same process be conducted by the Senate Scrutiny of Bills Committee, or the Parliamentary Joint Committee on Human Rights?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on March 19, 2016, 07:13:36 pm
Hey guys,

In regards to the referral of powers, do all states have to agree?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 19, 2016, 08:49:35 pm
Hey guys,

In regards to the referral of powers, do all states have to agree?

No. Each state passes a bill referring their powers separately. So Victoria may refer a power, but NSW doesn't have to. Each state controls their own powers.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on March 20, 2016, 07:20:25 pm
when evaluating the effectiveness of parliament as a law maker, how many points/arguments would i need to include in my response? :P the textbook has 11, but since there might not be enough time to mention all under timed conditions, would 8 be sufficient?
Title: Re: VCE Legal Studies Question Thread
Post by: IDK on March 20, 2016, 07:41:36 pm
when evaluating the effectiveness of parliament as a law maker, how many points/arguments would i need to include in my response? :P the textbook has 11, but since there might not be enough time to mention all under timed conditions, would 8 be sufficient?

Someone correct me if I'm wrong.

I think it would depend on the amount of marks allocated to the question. I think this type of question is generally going to be a standard 6, maybe 8 mark question.

So that would mean 3 points (6 marks) or 4 points (8 marks) evaluating a strength of parliament as an effective law maker and the corresponding weakness (this here is really important btw).

Strengths and Weaknesses + an evaluation (my understanding of evaluating is to make an overall assessment/judgement).

Remember the task word will usually be Evaluate. I think given in the study design it explicitly says the word Evaluate then all questions should use that task word, but I think some of the other people in this thread will be able to give you a more definitive/better answer.

So to answer your question, you wont list the 11 points in your textbook. Rather your answer and its length will depend on the number of marks allocated to the question.

Hope this helped :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 20, 2016, 08:11:35 pm
It can be up to a 10-marker, so you need to prep enough for that.

Regarding marks-per-point, it's not advisable to plan to receive one mark per point you make: you might make a crappy point, word it crappily, link it poorly to the question, or just say something the assessor doesn't think sounds valid. Also, it's ignoring the fact that larger questions are marked globally - on overall quality, and not just number of points. A better way is to judge it on time writing, and combine that with an approximate length to make something detailed but not laboured.

Therefore:

You need to write for 20-25mins for the final 10-marker. It takes a little longer per mark to make it really good. You also need to make sure you get on to the third page at least. None of this is official 'assessment guideline', mind you - this is just playing it safer. It takes about three lines to make a good point - sometimes a little shorter, sometimes a little longer, but not varying wildly. If you put these things together, how many arguments do you need to fill 2-4 pages with around three lines per point and taking around 20-25mins to write? That's how many points you need.

Also remember that you can match more than one strength to a single weakness, and vice versa.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 20, 2016, 08:23:32 pm
hey guys  :) quick question:

my textbook says that after the 2nd reading speech in vic parliament, the Scrutiny of Acts and Regulations committee examines the details of the bill. at federal level, would this same process be conducted by the Senate Scrutiny of Bills Committee, or the Parliamentary Joint Committee on Human Rights?

All bills are looked at by the Senate Scrutiny committee, but I think the better equivalent would be the joint committee. As far as the wording of their directions sounds, they do examine every bill and report back to parliament every week. I'm not aware of either rights committee, state or federal, being amazingly effective, though; the Victorian one has achieved four minor amendments (out of over 200 new bills, including laws to make protest illegal) since it was constituted. Ha.
Title: Re: VCE Legal Studies Question Thread
Post by: IDK on March 20, 2016, 08:30:14 pm
It can be up to a 10-marker, so you need to prep enough for that.

Regarding marks-per-point, it's not advisable to plan to receive one mark per point you make: you might make a crappy point, word it crappily, link it poorly to the question, or just say something the assessor doesn't think sounds valid. Also, it's ignoring the fact that larger questions are marked globally - on overall quality, and not just number of points. A better way is to judge it on time writing, and combine that with an approximate length to make something detailed but not laboured.

Therefore:

You need to write for 20-25mins for the final 10-marker. It takes a little longer per mark to make it really good. You also need to make sure you get on to the third page at least. None of this is official 'assessment guideline', mind you - this is just playing it safer. It takes about three lines to make a good point - sometimes a little shorter, sometimes a little longer, but not varying wildly. If you put these things together, how many arguments do you need to fill 2-4 pages with around three lines per point and taking around 20-25mins to write? That's how many points you need.

Also remember that you can match more than one strength to a single weakness, and vice versa.

Thanks heaps for the clarification, I had been thinking that but didn't exactly mention it.
Can a 10 marker be a pure evaluate parliament as a law maker question? Given its 10 marks Id imagine there would be another component (concept to address) to it more often than not.

Do you think that the way I thought of doing is perhaps a common way of going about it? It seems like the easiest way for me personally. Evaluating one strength against one weakness.
Within that, should your evaluation be embedded in the strength and weaknesses separately or cover both of them as one?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 20, 2016, 10:41:56 pm
Thanks heaps for the clarification, I had been thinking that but didn't exactly mention it.
Can a 10 marker be a pure evaluate parliament as a law maker question? Given its 10 marks Id imagine there would be another component (concept to address) to it more often than not.

Do you think that the way I thought of doing is perhaps a common way of going about it? It seems like the easiest way for me personally. Evaluating one strength against one weakness.
Within that, should your evaluation be embedded in the strength and weaknesses separately or cover both of them as one?
The ten marker could just be that, but I doubt it would be because it's such an obvious questions, there should be some creativity from the exam writers so the students that actually understand the course can be rewarded, not just the rote-learners [my opinion].

The way you talked about doing it is in my experience the common, typical way of doing it. I think it's a good idea to follow the general formula of matching strengths to weaknesses but it's better to do it in a more wholesome way with the answer appearing structured and logical as opposed to each point being a standalone matching of strength v weaknesses. You should use for the higher mark questions real world examples and explain how things are linked, even if it may not appear so they are directly linked.

I used to write like this, 'The parliamentary process allows
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on March 21, 2016, 07:15:36 pm
Hi all,

I have two questions:

1) In what circumstances would the Commonwealth refuse the referral of powers from the state?

2) In my textbook, it states that a disadvantage of the referral of powers is 'the states can agree to pass uniform laws without losing their law-making powers.' I don't understand how this is a weakness.

Thanks in advance  :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 21, 2016, 11:07:48 pm
Hi all,

I have two questions:

1) In what circumstances would the Commonwealth refuse the referral of powers from the state?

2) In my textbook, it states that a disadvantage of the referral of powers is 'the states can agree to pass uniform laws without losing their law-making powers.' I don't understand how this is a weakness.

Thanks in advance  :)

1) Difficult to say because it's never happened. I don't think it's so relevant.
2) It's not really a weakness, it just reveals that in some circumstances referral of powers can be superfluous and it may also decrease state's propensity to chose to refer a power as they can have the benefit of commonwealth-uniform laws without potentially losing their law making powers.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on March 27, 2016, 09:11:43 pm
hi everyone  :D is the double dissolution examinable? my teacher said it is but it's not mentioned anywhere in the study design  :o
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on March 28, 2016, 12:03:53 am
hi everyone  :D is the double dissolution examinable? my teacher said it is but it's not mentioned anywhere in the study design  :o

I don't think it is on the exam but if your teacher treats it as examinable you should learn it in case they ask about it in SACs.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 01, 2016, 12:38:06 am
sorry all, got another question  ::) the textbook mentioned two 'future referendums', would we need to know at least one of these? (checked in the SD but it didnt mention anything so i thought i'd verify here)  :)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on April 01, 2016, 09:06:24 am
I thought if it wasn't in the SD we didn't have to do it? We didn't cover future referendums...
Title: Re: VCE Legal Studies Question Thread
Post by: Cristiano on April 01, 2016, 11:20:05 am
It isn't in the study design. The book just has 'Suggested future referendums', we also didn't cover these, so i don't think you need to know them.
Title: Re: VCE Legal Studies Question Thread
Post by: swaglord500 on April 01, 2016, 03:06:50 pm
hi everyone  :D is the double dissolution examinable? my teacher said it is but it's not mentioned anywhere in the study design  :o

indirectly on SD- role of GG in lawmaking- ;) be prepared.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 01, 2016, 07:37:15 pm
I thought if it wasn't in the SD we didn't have to do it? We didn't cover future referendums...

me too but it was in the J&O textbook so i was kinda confused haha

indirectly on SD- role of GG in lawmaking- ;) be prepared.

true  ;)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 02, 2016, 02:26:32 am
indirectly on SD- role of GG in lawmaking- ;) be prepared.

true but you don't need to know about double dissolutions specifically.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on April 03, 2016, 09:39:22 am
I have no idea if I'm answering these questions to an "acceptable exam standard". Could someone read through and tell me if I'm answering the question right and point out where my answers need improvement/more clarity? Please? I would seriously appreciate any help you can offer me. I have a SAC first week back and I'm super stressed because I keep losing marks for "lack of clarity" and "not answering the question."   :'(

1) Evaluate the means by which the rights of Australians are protected by the Constitution.

There are three means by which the rights of Australians are protected by the Constitution: separation of powers, expressed rights and implied rights.

Structural protections are mechanisms written into the Constitution. They are not in and of themselves rights but they should ensure the protection of our rights because they protect against an abuse of power.

Express rights are rights explicitly outlined in the Constitution. We don’t have many; we only have five (s. 51, s. 80, s. 92, s. 116 and s. 117) but what we do have is very much permanent. s. 128 theoretically allows for them to be amended or taken away by means of a referendum but it is highly unlikely a referendum to strip constituents of their votes would meet the already difficult criteria.

Implied rights are not explicitly stated in the Constitution; they are inferred by the High Court. They exist only so long as the High Court says it does which means these are somewhat temporary; as soon as the High Court rules otherwise on a case addressing this issue, we no longer have an implied right.

They can only be amended or taken away by a referendum, as outlined by s. 128

2) What is meant by "structural protection of rights" in the Constitution. Describe the main structure that exist in the Constitution to protect rights.

Structural protections are not rights in and of themselves; they are mechanisms or structures that are designed to protect against an abuse of power, thereby protecting the rights of Australians if these mechanisms are working as they were designed to.
The main structures that exist in the Constitution to protect rights are:

1) The High Court
The protector of the Constitution, they provide people, groups or bodies with a means to affirm their rights if they believe they have been impinged.

2) Representative Government
Members of Parliament are supposed to represent the people, working in the people’s best interests; they can expect to retain their seats only so long as they do so. They should therefore not seek to strip their constituents of their rights.

3) Separation of Powers
No single person can have absolute power as the power to govern in Australia is divided into three arms – legislative, executive and judicial. This system provides checks and balances to ensure no one can abuse their power and revoke the rights of Australians because, in theory, the other two branches of power would prevent them from doing so.

4) Bicameralism of Parliament
The two houses should complicate the law-passing process. This should ensure any proposed legislation that may infringe upon the rights of the Constituents do not have free passage through parliament and would, in theory, be rejected by parliament.

5) Responsible Government
Within parliament, there exists a chain of accountability; members of parliament are accountable to the parliament and the parliament is accountable to the people. Members of Parliament are expected to be honest and accountable for their actions and, in the case of members of the cabinet, the actions of their respective department. This means that members of parliament would not act against what the people want because they would be held completely accountable for their actions.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 03, 2016, 09:56:43 am
I have no idea if I'm answering these questions to an "acceptable exam standard". Could someone read through and tell me if I'm answering the question right and point out where my answers need improvement/more clarity? Please? I would seriously appreciate any help you can offer me. I have a SAC first week back and I'm super stressed because I keep losing marks for "lack of clarity" and "not answering the question."   :'(

1) Evaluate the means by which the rights of Australians are protected by the Constitution.

There are three means by which the rights of Australians are protected by the Constitution: separation of powers, expressed rights and implied rights.

Structural protections are mechanisms written into the Constitution. They are not in and of themselves rights but they should ensure the protection of our rights because they protect against an abuse of power.

Express rights are rights explicitly outlined in the Constitution. We don’t have many; we only have five (s. 51, s. 80, s. 92, s. 116 and s. 117) but what we do have is very much permanent. s. 128 theoretically allows for them to be amended or taken away by means of a referendum but it is highly unlikely a referendum to strip constituents of their votes would meet the already difficult criteria.

Implied rights are not explicitly stated in the Constitution; they are inferred by the High Court. They exist only so long as the High Court says it does which means these are somewhat temporary; as soon as the High Court rules otherwise on a case addressing this issue, we no longer have an implied right.

They can only be amended or taken away by a referendum, as outlined by s. 128


Here, you've missed the task word: evaluate. All 'discussion' questions (evaluate, analyse, critically examine, etc) have a similar structure: opinion, arguments for and against (NOT the same as definitions or statements of fact), then usually sum up your opinion. Opinions should be specific to your arguments, but not a summary of those arguments; instead, just have one overall response to the question, no more than one sentence long. In your answer you've given three definitions, with virtually no responsiveness to 'evaluate'. It's not asking you for definitions - it's asking you for arguments for and against. Use the definitions in your arguments, to illustrate strengths and weaknesses.

There are, also, more ways than this that the Constitution protects rights (eg HCA interp, full enforceability, etc). So you don't have to limit yourself to the three types.

Finally, you can't be marked on a question without the marker knowing how many marks were allocated to the question. It's impossible. So always have the mark allocation.


2) What is meant by "structural protection of rights" in the Constitution. Describe the main structure that exist in the Constitution to protect rights.

Structural protections are not rights in and of themselves; they are mechanisms or structures that are designed to protect against an abuse of power, thereby protecting the rights of Australians if these mechanisms are working as they were designed to.
The main structures that exist in the Constitution to protect rights are:

1) The High Court
The protector of the Constitution, they provide people, groups or bodies with a means to affirm their rights if they believe they have been impinged.

2) Representative Government
Members of Parliament are supposed to represent the people, working in the people’s best interests; they can expect to retain their seats only so long as they do so. They should therefore not seek to strip their constituents of their rights.

3) Separation of Powers
No single person can have absolute power as the power to govern in Australia is divided into three arms – legislative, executive and judicial. This system provides checks and balances to ensure no one can abuse their power and revoke the rights of Australians because, in theory, the other two branches of power would prevent them from doing so.

4) Bicameralism of Parliament
The two houses should complicate the law-passing process. This should ensure any proposed legislation that may infringe upon the rights of the Constituents do not have free passage through parliament and would, in theory, be rejected by parliament.

5) Responsible Government
Within parliament, there exists a chain of accountability; members of parliament are accountable to the parliament and the parliament is accountable to the people. Members of Parliament are expected to be honest and accountable for their actions and, in the case of members of the cabinet, the actions of their respective department. This means that members of parliament would not act against what the people want because they would be held completely accountable for their actions.

Ditto re the mark allocation.

Never ever ever have dot points or lists in your answers.

Again, you've just gone for straight definitions a lot, without linking that content back to the question. How, therefore, are rights structurally protected?

Finally, the wording of the question is itself unlikely. What the 'main' structures are is totally subjective, so how would that be marked? What if I disagree? It's not a good example of an exam question.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on April 03, 2016, 11:40:39 am
Here, you've missed the task word: evaluate. All 'discussion' questions (evaluate, analyse, critically examine, etc) have a similar structure: opinion, arguments for and against (NOT the same as definitions or statements of fact), then usually sum up your opinion. Opinions should be specific to your arguments, but not a summary of those arguments; instead, just have one overall response to the question, no more than one sentence long. In your answer you've given three definitions, with virtually no responsiveness to 'evaluate'. It's not asking you for definitions - it's asking you for arguments for and against. Use the definitions in your arguments, to illustrate strengths and weaknesses.

Isn't that what I've done? Gone into the good and the bad about each technique?

1. Express rights: don't have a lot but what we have is permanent.
2. Implied rights: not stated in Constitution so somewhat temporary and dependent on HC maintaining a reading of the Constitution that says it exists?
3. Structural protection: not actually a right; just ensures what rights we do have it protected?

So you wouldn't give definitions for what they are if not asked to in the question?


Opinions should be specific to your arguments, but not a summary of those arguments;

What do you mean by this?

Re: mark allocation -- The first question was worth 10 marks and the second question was worth 6 marks.
Sorry... I completely forgot about including mark allocations. Are they important when it comes to answering questions? Do they determine how long our responses should be?

We were only told to answer that question with knowledge from Area of Study 2. Don't ask why, I don't claim to understand the mind of my teacher at all.

Never ever ever have dot points or lists in your answers.

Like never? In the exam, if there's like 10 minutes left and you have 2 questions remaining, is it better to have dot points or to have a half-answer that's in sentences?

Again, you've just gone for straight definitions a lot, without linking that content back to the question. How, therefore, are rights structurally protected?

I don't know. I am honestly struggling to wrap my head around structural protections. And my teacher confuses me every time I ask him for clarification cuz he just keeps going into what they are (e.g. the role of the high court, what representative and responsible government and separation of powers and bicameral parliament is) so I thought we didn't need to know how.

Finally, the wording of the question is itself unlikely. What the 'main' structures are is totally subjective, so how would that be marked? What if I disagree? It's not a good example of an exam question.

What would be a more likely question we would get in an exam situation regarding structural protections? My teacher gave us these questions as part of like a handout of "exam standard questions" for us to try over the holiday that we could do "just for the experience" but he would not be marking at all.

Legal studies makes my brain hurt...
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 03, 2016, 04:34:16 pm
Hey everyone,

Since the study design states that we need to only compare Australia's constitutional protection of rights with only one of the four countries, is it still worth studying them all?

Thanks in advance  :D
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 04, 2016, 11:02:54 pm
hey guys!

the A+ note guide mentioned that a benefit of the high court as a method of altering legislative power, is that it's better than a referendum; would this be an effective point to argue? i feel by saying that im not being impartial in my evaluation...rather, i would be implying that the high court is ultimately more effective, (ie. due to the precedents it sets through interpretations) than referendums, solely due to their low sucess rate... any advice on this would be appreciated  :)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 04, 2016, 11:15:01 pm
hey guys!

the A+ note guide mentioned that a benefit of the high court as a method of altering legislative power, is that it's better than a referendum; would this be an effective point to argue? i feel by saying that im not being impartial in my evaluation...rather, i would be implying that the high court is ultimately more effective, (ie. due to the precedents it sets through interpretations) than referendums, solely due to their low sucess rate... any advice on this would be appreciated  :)

If you simply say it's 'better than a referendum' without explaining than you likely won't get any marks for it fyi.

But i don't think it's so relevant to mention referendums unless the question mentions/asks you to compare/etc. the high court and referendums. If you are asked a question on the high court only I think it's better to stick to talking about just the high court. for example the benefit you mentioned would be 'the court is bound to decide cases brought to it and thus when questions or inconsistencies arise in the law they can be resolved by the court by a binding resolution', and then match it with a negative if you are asked to evaluate like 'however the court is not democratically elected and thus decisions may not reflect the will of the people' or 'courts can only deal with cases brought to it by parties and thus the range of issues it can resolve are limited'.

I think the high court and referendum in altering legislative power can't really be compared because their roles are different. the High Court gives effect to words in the constitution and decides how those words actually effect parliament's powers, whereas a referendum is completed to actually change the words in the constitution to remove or add whole new types of powers, or change the governmental structure, and thus those changes can be far greater than a simple interpretation of words. The High Court can interpret words in a way which expands the federal parliament's power but the High Court doesn't just do it for the sake of it and always makes long and justified judgments as to their decisions so I don't think having the High Court alter parliament's powers is such as easy task - and even then the High Court is limited to re-interpreting the constitution in the rare, few and far between cases which actually end up dealing with these issues in the first place.

It's easy to say referendum's are a pain and it's hard to get the double majority and most referendums fail and thus high court interpretation avoids the voting issue and the cost of an election etc., but how many times has the government tried to argue for an expansive interpretation of its powers in the High Court and how often have they succeeded? Not that much.

Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on April 04, 2016, 11:22:22 pm
Hey everyone,

Since the study design states that we need to only compare Australia's constitutional protection of rights with only one of the four countries, is it still worth studying them all?

Thanks in advance  :D
don't study all of them, waste of time. Choose one and study it well. I did USA and found it to be the most straightforward :)
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 04, 2016, 11:59:38 pm
If you simply say it's 'better than a referendum' without explaining than you likely won't get any marks for it fyi.

But i don't think it's so relevant to mention referendums unless the question mentions/asks you to compare/etc. the high court and referendums. If you are asked a question on the high court only I think it's better to stick to talking about just the high court. for example the benefit you mentioned would be 'the court is bound to decide cases brought to it and thus when questions or inconsistencies arise in the law they can be resolved by the court by a binding resolution', and then match it with a negative if you are asked to evaluate like 'however the court is not democratically elected and thus decisions may not reflect the will of the people' or 'courts can only deal with cases brought to it by parties and thus the range of issues it can resolve are limited'.

I think the high court and referendum in altering legislative power can't really be compared because their roles are different. the High Court gives effect to words in the constitution and decides how those words actually effect parliament's powers, whereas a referendum is completed to actually change the words in the constitution to remove or add whole new types of powers, or change the governmental structure, and thus those changes can be far greater than a simple interpretation of words. The High Court can interpret words in a way which expands the federal parliament's power but the High Court doesn't just do it for the sake of it and always makes long and justified judgments as to their decisions so I don't think having the High Court alter parliament's powers is such as easy task - and even then the High Court is limited to re-interpreting the constitution in the rare, few and far between cases which actually end up dealing with these issues in the first place.

It's easy to say referendum's are a pain and it's hard to get the double majority and most referendums fail and thus high court interpretation avoids the voting issue and the cost of an election etc., but how many times has the government tried to argue for an expansive interpretation of its powers in the High Court and how often have they succeeded? Not that much.


thanks for the insight! yeah i wasnt going to simply state that it's better than a referendum without further explanation, but i too felt that it wasnt worth mentioning because i'd then have to compare the high court with the referral of powers, which makes my argument too superfluous and i wouldn't be answering the question  ::) not sure why the guide mentioned that actually, haha but thanks again!
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on April 05, 2016, 08:25:53 pm
Isn't that what I've done? Gone into the good and the bad about each technique?

1. Express rights: don't have a lot but what we have is permanent.
2. Implied rights: not stated in Constitution so somewhat temporary and dependent on HC maintaining a reading of the Constitution that says it exists?
3. Structural protection: not actually a right; just ensures what rights we do have it protected?

So you wouldn't give definitions for what they are if not asked to in the question?


What do you mean by this?

Re: mark allocation -- The first question was worth 10 marks and the second question was worth 6 marks.
Sorry... I completely forgot about including mark allocations. Are they important when it comes to answering questions? Do they determine how long our responses should be?

We were only told to answer that question with knowledge from Area of Study 2. Don't ask why, I don't claim to understand the mind of my teacher at all.

Like never? In the exam, if there's like 10 minutes left and you have 2 questions remaining, is it better to have dot points or to have a half-answer that's in sentences?

I don't know. I am honestly struggling to wrap my head around structural protections. And my teacher confuses me every time I ask him for clarification cuz he just keeps going into what they are (e.g. the role of the high court, what representative and responsible government and separation of powers and bicameral parliament is) so I thought we didn't need to know how.

What would be a more likely question we would get in an exam situation regarding structural protections? My teacher gave us these questions as part of like a handout of "exam standard questions" for us to try over the holiday that we could do "just for the experience" but he would not be marking at all.

Legal studies makes my brain hurt...

Bump. Anyone?
Title: Re: VCE Legal Studies Question Thread
Post by: huehue on April 07, 2016, 12:25:19 pm
Hello! Does anyone have a definition for death penalty/capital punishment (preferably one from an offical source)? I've looked some up and they give varying versions ranging from state sanctioned murder to the sentence of execution. Thanks in advance for all help  :) :).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 08, 2016, 10:02:10 am
When defining express rights, what other word is appropriate apart from 'express.' It wouldn't be correct for me to use entrenched unless talking about Australia, as some express rights are listed in statutory bills of rights.

Since express rights are also known as explicit rights could I say rights that are explicitly listed...?

Thanks in advance  :)
Title: Re: VCE Legal Studies Question Thread
Post by: gunsforhands on April 08, 2016, 06:11:21 pm
When defining express rights, what other word is appropriate apart from 'express.' It wouldn't be correct for me to use entrenched unless talking about Australia, as some express rights are listed in statutory bills of rights.

Since express rights are also known as explicit rights could I say rights that are explicitly listed...?

Thanks in advance  :)

For express rights you can definitely call them entrenched, or just say they are the rights explicitly listed in the constitution.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 08, 2016, 07:31:34 pm
For express rights you can definitely call them entrenched, or just say they are the rights explicitly listed in the constitution.

Would it be okay to call them entrenched since other countries have these rights within a statue rather than a constitution?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 08, 2016, 09:29:05 pm
Express rights are NOT the same as entrenched rights. I would advise not to conflate them.

Express rights are all rights which are expressly stated [or as you said explicitly listed], that is they are not implied. That is really all you need to define them as.

Whereas entrenched rights are codified in such a way [usually in a constitution]  that it is difficult to change them, and they cannot be changed by a normal parliamentary vote, and thus they are entrenched in the legal system and there is a special process to change them (in Australia a referendum).

The constitution in Australia has a handful of entrenched express rights but that's doesn't mean express rights are synonymous to entrenched rights.

Like other countries, Australia has express rights in Statute at both a state [e.g. vic charter of human rights and responsibilities) and federal level (e.g. anti-discrimination legislation].
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 09, 2016, 04:50:07 am
would it be advisable to know a variety of recent changes in the law, or a few (say, <5)? i thought by knowing less it'd be easier to remember the facts of each change and draw on them in the exam if necessary, but the textbook (justice + outcomes) advised to keep a folder of them... so i thought i'd ask you guys  :P

thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 09, 2016, 07:20:07 am
Express rights are NOT the same as entrenched rights. I would advise not to conflate them.

Express rights are all rights which are expressly stated [or as you said explicitly listed], that is they are not implied. That is really all you need to define them as.

Whereas entrenched rights are codified in such a way [usually in a constitution]  that it is difficult to change them, and they cannot be changed by a normal parliamentary vote, and thus they are entrenched in the legal system and there is a special process to change them (in Australia a referendum).

The constitution in Australia has a handful of entrenched express rights but that's doesn't mean express rights are synonymous to entrenched rights.

Like other countries, Australia has express rights in Statute at both a state [e.g. vic charter of human rights and responsibilities) and federal level (e.g. anti-discrimination legislation].

No I understand this however in the examiners report last year it was said that students should not write 'expressly' in answers and somewhere should mention 'entrenched' because Australia's 5 express righs are entrenched into the Constitution.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 09, 2016, 09:30:00 am
No I understand this however in the examiners report last year it was said that students should not write 'expressly' in answers and somewhere should mention 'entrenched' because Australia's 5 express righs are entrenched into the Constitution.

I'm totally onboard with chasej except for this point - it is always safer to define something without using the word in the term. My general definition is that they are rights explicitly written (or listed, whatevs) in one section of the Constitution (one section to differentiate them from implied rights, and in the Constitution because the SD is only talking about constitutional rights at this point). I often add that the wording of these rights can only be altered by referendum.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 09, 2016, 09:39:20 am
Isn't that what I've done? Gone into the good and the bad about each technique?

1. Express rights: don't have a lot but what we have is permanent.
2. Implied rights: not stated in Constitution so somewhat temporary and dependent on HC maintaining a reading of the Constitution that says it exists?
3. Structural protection: not actually a right; just ensures what rights we do have it protected?

So you wouldn't give definitions for what they are if not asked to in the question?


What do you mean by this?

Re: mark allocation -- The first question was worth 10 marks and the second question was worth 6 marks.
Sorry... I completely forgot about including mark allocations. Are they important when it comes to answering questions? Do they determine how long our responses should be?

We were only told to answer that question with knowledge from Area of Study 2. Don't ask why, I don't claim to understand the mind of my teacher at all.

Like never? In the exam, if there's like 10 minutes left and you have 2 questions remaining, is it better to have dot points or to have a half-answer that's in sentences?

I don't know. I am honestly struggling to wrap my head around structural protections. And my teacher confuses me every time I ask him for clarification cuz he just keeps going into what they are (e.g. the role of the high court, what representative and responsible government and separation of powers and bicameral parliament is) so I thought we didn't need to know how.

What would be a more likely question we would get in an exam situation regarding structural protections? My teacher gave us these questions as part of like a handout of "exam standard questions" for us to try over the holiday that we could do "just for the experience" but he would not be marking at all.

Legal studies makes my brain hurt...

No, you've kind of listed things that *could* be the basis of an argument in your definitions, but you haven't gone into any detail about them or given any reasons why they are good or bad. For instance, I could argue that express rights being difficult to change was good, but also that it was bad - just saying they're difficult to change isn't actually a strength or weakness by itself. So, in terms of an evaluation, you're missing an argument/opinion, detail/depth in your points, and why/how they are good/bad.

Unless the task word asks for a definition (eg 'explain the concept of express rights' or similar), you use the definition as part of your answer rather than having it as a chunk sitting by itself. You need to brush up on your task words. I could be totally self-serving here and recommend my textbook or lectures through CPAP... (sorry)

If you have a think about it, what point would mark allocations have if they didn't relate to how long and detailed your answers were supposed to be? Work out how many minutes per mark you get on the exam: that's how many minutes (with a bit of wiggle-room) of HARD writing each question should get. Your 10-marker should be about three pages of solid writing.

All the stuff I listed is from that AOS - you just need to think more broadly about it.

Never. Ever. If you only have two minutes left you write in shitty short sentences and make it look like a paragraph. Using dot points makes you automatically lose half marks.

Yeah, you always need your definitions. Then you add examples to illustrate.

It's more about asking you for an example, or two examples etc. Subjective words such as 'main' are impossible to mark.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 09, 2016, 09:44:06 am
I'm totally onboard with chasej except for this point - it is always safer to define something without using the word in the term. My general definition is that they are rights explicitly written (or listed, whatevs) in one section of the Constitution (one section to differentiate them from implied rights, and in the Constitution because the SD is only talking about constitutional rights at this point). I often add that the wording of these rights can only be altered by referendum.

So would I have to mention anything about how they are entrenched in Australia's Constitution seeming it is relating to the Constitution?
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on April 09, 2016, 01:02:23 pm
No, you've kind of listed things that *could* be the basis of an argument in your definitions, but you haven't gone into any detail about them or given any reasons why they are good or bad. For instance, I could argue that express rights being difficult to change was good, but also that it was bad - just saying they're difficult to change isn't actually a strength or weakness by itself. So, in terms of an evaluation, you're missing an argument/opinion, detail/depth in your points, and why/how they are good/bad.

Unless the task word asks for a definition (eg 'explain the concept of express rights' or similar), you use the definition as part of your answer rather than having it as a chunk sitting by itself. You need to brush up on your task words. I could be totally self-serving here and recommend my textbook or lectures through CPAP... (sorry)

If you have a think about it, what point would mark allocations have if they didn't relate to how long and detailed your answers were supposed to be? Work out how many minutes per mark you get on the exam: that's how many minutes (with a bit of wiggle-room) of HARD writing each question should get. Your 10-marker should be about three pages of solid writing.

All the stuff I listed is from that AOS - you just need to think more broadly about it.

Never. Ever. If you only have two minutes left you write in shitty short sentences and make it look like a paragraph. Using dot points makes you automatically lose half marks.

Yeah, you always need your definitions. Then you add examples to illustrate.

It's more about asking you for an example, or two examples etc. Subjective words such as 'main' are impossible to mark.

Okay. So I've considered your feedback and attempted to reword my answers for the first question so that I have more of an opinion. Does this work better now?

1) Evaluate the means by which the rights of Australians are protected by the Constitution.

There are three means by which the rights of Australians are protected by the Constitution: structural protections, expressed rights and implied rights.

The fact express rights are explicitly outlined in the Constitution and cannot be amended or taken away without a successful referendum ensures the rights of Australians are firmly protected as the parliament of the day cannot simply revoke the rights of constituents as they so desire. However, we have very few express rights (only five in number – s. 51, s. 80, s. 92, s. 116 and s. 117) and those express rights are often limited by nature. An example of this is s. 80, to do with trial by jury; it applies only to indictable Commonwealth offences. There is no such guarantee for indictable State offences. Thus, while express rights can be effective in protecting the rights of Australians, the fact that there are so few and that the ones we do have are so limited in nature means that the express rights outlined in the Constitution are not very effective in the long run in protecting the rights of Australians.

Implied rights are inferred by the High Court and therefore exist only so long as the High Court says they do. The High Court, however, has no obligation to maintain previous rulings in similar cases when presented with a similar case; thus, it is possible they could rule completely to the contrary to their previous rulings. This means that whether or not an implied right exists depends on the interpretation of the High Court and the judges presiding at the time. As a result, the implied rights of Australians could very easily be taken away by the High Court. Thus, while implied rights can broaden what rights Australians have, the fact that they exist only so long as the High Court says it does means that they do not very securely protect the rights of Australians.

Structural protections are mechanisms written into the Constitution. They are not in and of themselves rights but they should ensure the protection of our rights because they protect against an abuse of power. Thus, while they do ensure the protection in rights as they are structures, they do nothing to broaden the base of rights protected in the Constitution.

--

I still have no idea how structural protections could protect the rights of Australians though. Can someone please explain?

Side note: In your original answer you referred to "HCA interp" is that High Court Interpretation? And what's "full enforceability"?

Wait... you wrote a Legal studies textbook?  :o
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 09, 2016, 02:16:19 pm
No I understand this however in the examiners report last year it was said that students should not write 'expressly' in answers and somewhere should mention 'entrenched' because Australia's 5 express righs are entrenched into the Constitution.

I'm totally onboard with chasej except for this point - it is always safer to define something without using the word in the term. My general definition is that they are rights explicitly written (or listed, whatevs) in one section of the Constitution (one section to differentiate them from implied rights, and in the Constitution because the SD is only talking about constitutional rights at this point). I often add that the wording of these rights can only be altered by referendum.

I think it's quite pedantic they won't accept 'expressly listed' as a definition because expressly is a common, not a legal, word and it isn't a circular definition. But best to go with the examiners report regardless.

I was pointing out that for constitutional purposes express and entrenched rights go together, but they do not always and to say express rights are inherently entrenched rights is wrong.

I agree with everything you both wrote.
Title: Re: VCE Legal Studies Question Thread
Post by: ccdes0001 on April 13, 2016, 03:00:15 pm
Just a quick question about structuring. For a question such as this:
'Analyse one method of changing constitutional power and its impact on the division of power'
Would is be better to have a structure like this:
- intro
-strength + weakness
-strength + weakness
-example
OR
-Intro
- all strengths in one paragraph
-all weaknesses
-determine if its effective\
-example
This is kinda of a mess but I didn't know how to describe it properly
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 13, 2016, 05:44:06 pm
Just a quick question about structuring. For a question such as this:
'Analyse one method of changing constitutional power and its impact on the division of power'
Would is be better to have a structure like this:
- intro
-strength + weakness
-strength + weakness
-example
OR
-Intro
- all strengths in one paragraph
-all weaknesses
-determine if its effective\
-example
This is kinda of a mess but I didn't know how to describe it properly

I always found it better to match strengths with weaknesses. But what you actually write and how much will depend on available marks.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 14, 2016, 02:56:33 pm
if a question asked me to analyse the impact of referendums, HC and referral of powers on the division of legislative powers, do i address the effectiveness of these methods in initiating change (referendum's in altering words in the constitution, high court interpreting words, states referring residual power to cth)? or do i simply state that either the states or the commonwealth gains more power, and use case examples to illustrate this point?

thanks in advance!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 16, 2016, 07:20:36 pm
Hi everyone,

When a state refers it's powers to the Commonwealth Parliament, my teacher said that the states still have their power yet they must comply with the Commonwealth Parliament or else the S.109 provision will come into play. Yet, I thought that the question of whether referred powers are concurrent or not was still an area of uncertainty.

Could someone please clarify this for me. Thanks very much  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Cristiano on April 16, 2016, 09:02:13 pm
Hi everyone,

When a state refers it's powers to the Commonwealth Parliament, my teacher said that the states still have their power yet they must comply with the Commonwealth Parliament or else the S.109 provision will come into play. Yet, I thought that the question of whether referred powers are concurrent or not was still an area of uncertainty.

Could someone please clarify this for me. Thanks very much  :)

Your teacher is correct, but i think you are getting mixed up between concurrent powers and exclusive powers. The question of uncertainty is whether or not powers become exclusive (so not concurrent).

Remember:

Concurrent powers = Powers that Commonwealth and State parliaments share jurisdiction over. (and since they share, s109 provision will come into play)
Exclusive powers = Powers that can only be solely exercised by the Commonwealth Parliament.

So the question that lies is:
"Is a referral of powers exclusive? – If a state has referred power in an area of law-making to the Commonwealth, does the state still have the power to make laws in this area or does it automatically become an area of exclusive power once the referral has been made?"

The states will still have their concurrent power, just not the referred residual power. (remember: states refer their residual powers to the Commonwealth. Residual powers are not stated in the Constitution and unlike exclusive powers, rest solely with the states)



Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 16, 2016, 10:48:29 pm
Hi everyone,

When a state refers it's powers to the Commonwealth Parliament, my teacher said that the states still have their power yet they must comply with the Commonwealth Parliament or else the S.109 provision will come into play. Yet, I thought that the question of whether referred powers are concurrent or not was still an area of uncertainty.

Could someone please clarify this for me. Thanks very much  :)

No one knows for sure.

We don't know whether powers can be taken back nor do we know if referred powers are concurrent or exclusive to the Cth. The high court needs to decide but since there's no case of a state wanting the power back it is unlikely to occur.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 17, 2016, 06:45:24 pm
if a question asked me to analyse the impact of referendums, HC and referral of powers on the division of legislative powers, do i address the effectiveness of these methods in initiating change (referendum's in altering words in the constitution, high court interpreting words, states referring residual power to cth)? or do i simply state that either the states or the commonwealth gains more power, and use case examples to illustrate this point?

thanks in advance!  :)

Obviously the detail of your answer and arguments would depend on the mark allocation. Okay, so, apart from that, the question is actually great for you to answer because it is so open. As long as you link everything back to the impact, all of those options are open to you.

- You can say they each have big impact or small impact because... (or sometimes big and sometimes small depending...)
AND/OR
- You can say they are likely to have an impact or unlikely to have an impact because...
AND/OR
- You can say the impact they have is good or the impact they have is bad because...
AND/OR
- Am I missing anything???

And, great news, you can illustrate any of these points with any examples or cases you like :) (Note: as long as they're appropriate, naturally, and I wouldn't spend ages on the factual backstory of them - just get to the point.)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 18, 2016, 05:33:48 pm
Hi everyone,

Can I just confirm that when the High Court is interpreting the Constitution and comes across an implied rights (eg. freedom of political communication) that a referendum is not able to ever change this, because it is not entrenched or expressly written?

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 18, 2016, 08:43:19 pm
Hi everyone,

Can I just confirm that when the High Court is interpreting the Constitution and comes across an implied rights (eg. freedom of political communication) that a referendum is not able to ever change this, because it is not entrenched or expressly written?

Thanks

It's possible for the constitution to be changed to say 'there is no implied right to freedom of political communication in this country'. I imagine it would also be possible to change the words of the constitution so that the right can no longer by implied by the wording or the system the constitution creates.  But I doubt it would ever happen because a proposal to reduce already limited rights in this country would not garner much support most likely.

It would depend on the wording of the alteration to the constitution and then the high court decision on what happens with them.

I don't think this issue is so relevant though.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 18, 2016, 08:59:59 pm
It's possible for the constitution to be changed to say 'there is no implied right to freedom of political communication in this country'. I imagine it would also be possible to change the words of the constitution so that the right can no longer by implied by the wording or the system the constitution creates.  But I doubt it would ever happen because a proposal to reduce already limited rights in this country would not garner much support most likely.

It would depend on the wording of the alteration to the constitution and then the high court decision on what happens with them.

I don't think this issue is so relevant though.

Okay, thank-you.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: ccdes0001 on April 18, 2016, 10:00:57 pm
Sorry guys but this is such a basic question but what is the purpose of the division of power...?
Is it just to outline the law making powers between the different parliaments
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 18, 2016, 10:47:03 pm
Sorry guys but this is such a basic question but what is the purpose of the division of power...?
Is it just to outline the law making powers between the different parliaments

What do you mean by the division of power? Are you sure you don't mean separation of powers?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 19, 2016, 09:48:13 pm
Sorry guys but this is such a basic question but what is the purpose of the division of power...?
Is it just to outline the law making powers between the different parliaments

Yes, the division of power really is just to allocate powers between parliaments! Before federation the states had everything (all law-making powers) and the Cwlth didn't exist. So, as part of federation, they wrote a list of things the Cwlth could make law about in the Constitution, said some were shared but others were totally theirs, and everything not listed stayed with the states. Essentially, to clear up confusion and stop them fighting. We just have the fancy name 'division of powers' for that quite practical agreement.
Title: Re: VCE Legal Studies Question Thread
Post by: swaglord500 on April 21, 2016, 07:50:34 pm
Okay. So I've considered your feedback and attempted to reword my answers for the first question so that I have more of an opinion. Does this work better now?

1) Evaluate the means by which the rights of Australians are protected by the Constitution.

There are three means by which the rights of Australians are protected by the Constitution: structural protections, expressed rights and implied rights.

The fact express rights are explicitly outlined in the Constitution and cannot be amended or taken away without a successful referendum ensures the rights of Australians are firmly protected as the parliament of the day cannot simply revoke the rights of constituents as they so desire. However, we have very few express rights (only five in number – s. 51, s. 80, s. 92, s. 116 and s. 117) and those express rights are often limited by nature. An example of this is s. 80, to do with trial by jury; it applies only to indictable Commonwealth offences. There is no such guarantee for indictable State offences. Thus, while express rights can be effective in protecting the rights of Australians, the fact that there are so few and that the ones we do have are so limited in nature means that the express rights outlined in the Constitution are not very effective in the long run in protecting the rights of Australians.

Implied rights are inferred by the High Court and therefore exist only so long as the High Court says they do. The High Court, however, has no obligation to maintain previous rulings in similar cases when presented with a similar case; thus, it is possible they could rule completely to the contrary to their previous rulings. This means that whether or not an implied right exists depends on the interpretation of the High Court and the judges presiding at the time. As a result, the implied rights of Australians could very easily be taken away by the High Court. Thus, while implied rights can broaden what rights Australians have, the fact that they exist only so long as the High Court says it does means that they do not very securely protect the rights of Australians.

Structural protections are mechanisms written into the Constitution. They are not in and of themselves rights but they should ensure the protection of our rights because they protect against an abuse of power. Thus, while they do ensure the protection in rights as they are structures, they do nothing to broaden the base of rights protected in the Constitution.

--

I still have no idea how structural protections could protect the rights of Australians though. Can someone please explain?

Side note: In your original answer you referred to "HCA interp" is that High Court Interpretation? And what's "full enforceability"?

Wait... you wrote a Legal studies textbook?  :o

Good answer above  8)

Re: structural protections-  the 'founding fathers'-who wrote the Constitution- rather than instituting an extensive list of express rights, chose to embed mechanisms within the Constitution to ensure 'good government'- which in turn, would protect the rights of the Australian population.

Representative govt- democratically elected- by the people for the people
Responsible govt- govt responsible to Parl-> responsible to people-> links also to Bicameral system of Parl- Upper house to review/scrutines- holds govt accountable (except if govt holds power in UH)
HC- set up as the 'guardian' of the Constn- determine if govt acting 'ultra vires'
Sep of Powers- prevent abuse of power- checks and balances- blah blah

hope this helps clarify and not too late
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on April 21, 2016, 09:22:57 pm
I did my SAC two days ago so a little too late but thanks anyway! In case you were wondering, I got 23/25 for my SAC which isn't the best but it isn't the worst either, I suppose. Thanks for all your help to everyone who answered my million and one questions in the lead up, I really appreciate it! :D
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 21, 2016, 11:06:38 pm
I did my SAC two days ago so a little too late but thanks anyway! In case you were wondering, I got 23/25 for my SAC which isn't the best but it isn't the worst either, I suppose. Thanks for all your help to everyone who answered my million and one questions in the lead up, I really appreciate it! :D

you should be very happy with 23/25, you're on track to do very well with those scores.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 22, 2016, 07:26:57 pm
Hi everyone,

I know this sounds petty, but I am having trouble writing a meaningful conclusion at the end of my answers. They are often too generic and my teacher says that I will lose marks over this.

I am finding it difficult to make it meaningful without introducing any new points.

Any advice would be greatly appreciated!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: swaglord500 on April 23, 2016, 10:07:06 am
Hi everyone,

I know this sounds petty, but I am having trouble writing a meaningful conclusion at the end of my answers. They are often too generic and my teacher says that I will lose marks over this.

I am finding it difficult to make it meaningful without introducing any new points.

Any advice would be greatly appreciated!  :)

Difficult to give clear direction without seeing your answer- but as a general rule- restate your position and then use evidence form the 'body' of your answer to reinforce your position.

Here is an example of some feedback (in red) given to a student re: a conclusion to an AOS 1 q.

hope this helps 8)

Overall parliament is an effective law maker as the members are elected by the community to represent their values and beliefs qualify this- and as such will represent the values of their electorate during the sitting of Parliament or risk not being re-elected. Additionally, Parliaments ability to delegate their power-enables specialists in the area to be responsible for making laws relating to their area, thus arguably ensuring a more effective representation of community values. (or something similar- like an essay- ensure your ‘overall’ conclusion uses points form your’ body’ to support your stance.)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 23, 2016, 11:06:42 am
Difficult to give clear direction without seeing your answer- but as a general rule- restate your position and then use evidence form the 'body' of your answer to reinforce your position.

Here is an example of some feedback (in red) given to a student re: a conclusion to an AOS 1 q.

hope this helps 8)

Overall parliament is an effective law maker as the members are elected by the community to represent their values and beliefs qualify this- and as such will represent the values of their electorate during the sitting of Parliament or risk not being re-elected. Additionally, Parliaments ability to delegate their power-enables specialists in the area to be responsible for making laws relating to their area, thus arguably ensuring a more effective representation of community values. (or something similar- like an essay- ensure your ‘overall’ conclusion uses points form your’ body’ to support your stance.)

Thanks Swaglord  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 23, 2016, 08:59:40 pm
Hi everyone,

I know this sounds petty, but I am having trouble writing a meaningful conclusion at the end of my answers. They are often too generic and my teacher says that I will lose marks over this.

I am finding it difficult to make it meaningful without introducing any new points.

Any advice would be greatly appreciated!  :)

In Legal Studies you need to have a conclusion, you don't need to write a conclusion per se. Basically, you get marked on quality+quantity of points, combined with relevance/responsiveness to the question. As long as you make your answer relevant and responsive to the question, you don't need a 'conclusion' the way you do in English. If anything, having a conclusion takes away from time to make more points or more detailed points. The Assessor's Report only cautions that students need to come to a conclusion that is specific to the question, and not generic (says nothing except repeats the question) or rote-learned (sounds like it's responding to another question).

A better way is to have a clear argument from the start, and then to write your entire piece in a way that flows with that argument/response. You can still have both sides - but you phrase counterarguments as things you rebut, or as 'even though' concessions. This makes the whole response more thoughtful, and stops it being a pre-memorised list of generic points.

And think about it: if you use points from your answer in your conclusion, you're just repeating yourself. And you're only getting credit for those points once.

(If you get to the end of your answer and are concerned you haven't made your response/argument 100% clear, by all means of course have one short, clear, direct sentence saying what it is :D )
Title: Re: VCE Legal Studies Question Thread
Post by: swaglord500 on April 24, 2016, 08:11:18 pm
In Legal Studies you need to have a conclusion, you don't need to write a conclusion per se. Basically, you get marked on quality+quantity of points, combined with relevance/responsiveness to the question. As long as you make your answer relevant and responsive to the question, you don't need a 'conclusion' the way you do in English. If anything, having a conclusion takes away from time to make more points or more detailed points. The Assessor's Report only cautions that students need to come to a conclusion that is specific to the question, and not generic (says nothing except repeats the question) or rote-learned (sounds like it's responding to another question).

A better way is to have a clear argument from the start, and then to write your entire piece in a way that flows with that argument/response. You can still have both sides - but you phrase counterarguments as things you rebut, or as 'even though' concessions. This makes the whole response more thoughtful, and stops it being a pre-memorised list of generic points.

And think about it: if you use points from your answer in your conclusion, you're just repeating yourself. And you're only getting credit for those points once.

(If you get to the end of your answer and are concerned you haven't made your response/argument 100% clear, by all means of course have one short, clear, direct sentence saying what it is :D )

One would assume this advice is not pertinent to higher order thinking questions?

In such questions, a weak conclusion will cost students marks.

One one line 'conclusion' to an 8-10 mark question will NOT be given full marks. Neither will a 'pissy' couple of sentences with zero depth.

Please be clear in your explanations- preferably by using clear examples.


Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 24, 2016, 09:50:17 pm
One would assume this advice is not pertinent to higher order thinking questions?

In such questions, a weak conclusion will cost students marks.

One one line 'conclusion' to an 8-10 mark question will NOT be given full marks. Neither will a 'pissy' couple of sentences with zero depth.

Please be clear in your explanations- preferably by using clear examples.

This advice is ONLY for 'higher order' thinking questions. They are the only ones requiring an opinion or conclusion at all.

Conclusions per se are not allocated marks. Responsiveness to the question is - in the sense that the student must have a clear position on the question, and it is a factor taken into account in a global assessment. Therefore a one-line conclusion will not cost marks. Not only can one's response be made clear in one line, you don't even need a one-line conclusion if your responsiveness is clear from the answer. And these responses can and will receive full marks if they have enough good, responsive points, and a long conclusion that simply repeats what has already been said will not change this.

Please be more respectful and less high-handed when responding to other people's comments. And I shall use examples when I like.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 25, 2016, 12:18:22 am
you both wrote essentially the same thing yet there is conflict?  :(
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on April 25, 2016, 11:05:30 am
Roughly, how many words should a 10 mark question on the exam be? Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 25, 2016, 03:14:21 pm
i.e. reinforcing position with evidence from body of answer (this is not simply 'repeating' yourself)- will not gain full marks.

That is incorrect.

And I think the way you are speaking to me is really inappropriate. I would like for you to not speak to me directly again unless I'm offering a response to a question you have asked or it's with a very different tone.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 25, 2016, 03:15:58 pm
you both wrote essentially the same thing yet there is conflict?  :(

See, I think we wrote very different things: that a longer conclusion with material from the body of the answer is required, versus is not required. That wasn't the cause of the conflict, though.
Title: Re: VCE Legal Studies Question Thread
Post by: Russ on April 25, 2016, 05:24:58 pm
Anyone can post in this thread, but just a reminder to everyone that we should try to avoid being passive-aggressive and remain civil. Thanks! :D

Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 25, 2016, 09:52:47 pm
See, I think we wrote very different things: that a longer conclusion with material from the body of the answer is required, versus is not required. That wasn't the cause of the conflict, though.

oh ok. I won't go into this more because I don't want to reopen the conflict.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 26, 2016, 01:24:57 pm
Roughly, how many words should a 10 mark question on the exam be? Thanks!

You should leave about 20-25 minutes to answer the 10-marker, and you should aim to write as close to three pages as possible. Try to balance detail with covering a wide range (and number) of points.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on April 26, 2016, 07:25:09 pm
hi everyone  :) when referring to a case in your response, is it required to specify the full name of the case? for instance, if i were to mention the tasmanian dam case, would i introduce it as 'Commonwealth & Anor v Tasmania & Ors (1983)' case, or simply refer to it as the tasmanian dam case?

i recall the 2015 assessment report stating that cases which weren't properly cited/named wouldnt gain full marks, so would it be expected to address cases by their full title in the exam?

thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on April 26, 2016, 07:42:55 pm
hi everyone  :) when referring to a case in your response, is it required to specify the full name of the case? for instance, if i were to mention the tasmanian dam case, would i introduce it as 'Commonwealth & Anor v Tasmania & Ors (1983)' case, or simply refer to it as the tasmanian dam case?

i recall the 2015 assessment report stating that cases which weren't properly cited/named wouldn't gain full marks, so would it be expected to address cases by their full title in the exam?

thanks in advance!

pretty sure i just mentioned the 'Tasmanian Dam Case' and was not penalized whatsoever- however, if you want to guarantee no penalization, i suggest you learn the full name for the case- or enough of the full name so that your examiner has no doubt in which case you have selected to use! :) (may not be entirely correct, correct me if i was wrong- just going from my experience last year and doing fairly well.)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 26, 2016, 09:32:59 pm
You don't have to put the whole case name, for a case as well known as the Tasmania Dam Case, the nickname is okay.

If it was some random case you found yourself I would recommend writing the full name.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on April 28, 2016, 11:46:40 pm
Need help answering an 8 mark Question which asks to explain three similarities and three differences between the USA's protection of Rights and Australia's protection of rights

are there any specific queries you have about the question or do you just want someone to write the answer for you?
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on May 02, 2016, 05:43:41 pm
Hi Everyone!
I just did my AOS 2 SAC which is out of 25 marks (50% of AOS 2) and i got my results, which was 24.5/25 or 98%.
I lost half a mark for the following question
Using an example, define concurrent powers (2 marks)
My response was:
Concurrent powers are the law making powers that are shared between the State and Commonwealth Parliaments, which both parliaments can legislate on. The law that applies is determined by s109 of the Commonwealth Constitution. An example of concurrent powers is the power over taxation, which is in s51 (ii) of the Constitution.

I was marked 1.5/2 for this question and lost marks because apparently taxation isn't a good example. Is this well justified?
I need more opinions before i argue with my teacher!
Any help would be appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on May 02, 2016, 09:31:53 pm
Hi Everyone!
I just did my AOS 2 SAC which is out of 25 marks (50% of AOS 2) and i got my results, which was 24.5/25 or 98%.
I lost half a mark for the following question
Using an example, define concurrent powers (2 marks)
My response was:
Concurrent powers are the law making powers that are shared between the State and Commonwealth Parliaments, which both parliaments can legislate on. The law that applies is determined by s109 of the Commonwealth Constitution. An example of concurrent powers is the power over taxation, which is in s51 (ii) of the Constitution.

I was marked 1.5/2 for this question and lost marks because apparently taxation isn't a good example. Is this well justified?
I need more opinions before i argue with my teacher!
Any help would be appreciated

i used taxation in my SAC and my teacher raised no issues  :o maybe he expected you to provide more than one example (eg. bankruptcy, marriage)?

congrats on such a good score btw  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on May 02, 2016, 09:51:47 pm
There was the same question for Specific and exclusive powers and i only used one example!
Thanks mate :)
Title: Re: VCE Legal Studies Question Thread
Post by: plumbvan on May 02, 2016, 10:01:49 pm
my teacher wanted me to explain and be more specific as to how exactly it was concurrent so that could be it??
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 03, 2016, 08:21:45 am
Hi Everyone!
I just did my AOS 2 SAC which is out of 25 marks (50% of AOS 2) and i got my results, which was 24.5/25 or 98%.
I lost half a mark for the following question
Using an example, define concurrent powers (2 marks)
My response was:
Concurrent powers are the law making powers that are shared between the State and Commonwealth Parliaments, which both parliaments can legislate on. The law that applies is determined by s109 of the Commonwealth Constitution. An example of concurrent powers is the power over taxation, which is in s51 (ii) of the Constitution.

I was marked 1.5/2 for this question and lost marks because apparently taxation isn't a good example. Is this well justified?
I need more opinions before i argue with my teacher!
Any help would be appreciated

There's no such thing as a good or a bad example - it's either correct or incorrect. And taxation is correct. I'd clarify that the mark was genuinely lost just because they would have preferred a different example.
Title: Re: VCE Legal Studies Question Thread
Post by: melissaromeo on May 10, 2016, 11:18:06 am
Hello! I was wondering if someone could help me out to figure out how I can structure out this 10 mark question.
It's from the 2012 Exam Q13  :)

"Rights in Australia are well protected by the Commonwealth Constitution, in part because of section 128 of the Constitution. Discuss the extent to which you agree or disagree with the above statement.
In your answer, explain the significance of one High Court case that you have studied related to the constitution protection of rights in Australia"

Thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 11, 2016, 08:14:06 pm
Hello! I was wondering if someone could help me out to figure out how I can structure out this 10 mark question.
It's from the 2012 Exam Q13  :)

"Rights in Australia are well protected by the Commonwealth Constitution, in part because of section 128 of the Constitution. Discuss the extent to which you agree or disagree with the above statement.
In your answer, explain the significance of one High Court case that you have studied related to the constitution protection of rights in Australia"

Thank you!!

How are you currently thinking of structuring it?
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 14, 2016, 06:23:36 pm
Hiiiii.

Quick question.

"When will the interpretation of a statute form a precedent?" - 2 marks.

Drawing a complete blank. :/
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 15, 2016, 08:45:37 pm
Hiiiii.

Quick question.

"When will the interpretation of a statute form a precedent?" - 2 marks.

Drawing a complete blank. :/

It's a bit of a curious question but it does make sense.

Precedent is law courts make through their decisions. Courts make reasons for their decisions (ratio decidendi) which ultimately are binding on all courts lower than deciding court in the hierarchy. Thus when a court interprets statute they form a precedent in that the reasons for their decision are binding on all lower courts. In any situation where a court interprets legislation in a new way and there are courts lower in the hierarchy to bind - then a precedent has been formed.  [btw all decisions can be persuasive precedent]
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 15, 2016, 11:07:37 pm
It's a bit of a curious question but it does make sense.

Precedent is law courts make through their decisions. Courts make reasons for their decisions (ratio decidendi) which ultimately are binding on all courts lower than deciding court in the hierarchy. Thus when a court interprets statute they form a precedent in that the reasons for their decision are binding on all lower courts. In any situation where a court interprets legislation in a new way and there are courts lower in the hierarchy to bind - then a precedent has been formed.  [btw all decisions can be persuasive precedent]

(except if it's the Mag's or County, assuming we're talking binding...?)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 15, 2016, 11:13:17 pm
Hiiiii.

Quick question.

"When will the interpretation of a statute form a precedent?" - 2 marks.

Drawing a complete blank. :/

Hey, can I just ask where this question comes from? As in, what company published the question if it's from a company paper or something? It's just that I find this question weirdly familiar.......
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 16, 2016, 10:00:42 pm
It's from the NEAP/A+ Notes/whatever it is they're called. My legal teacher uses A+ and NEAP interchangeably whenever he refers to these so I always get so confused as to what they're actually called.

Thanks meganrobyn and chasej for your help! I really appreciate it.

---

Also...

Would really love some help with this question:



The doctrine of precedent allows for both consistency and flexibility. To what extent do you agree? [6 marks]

The doctrine of precedent refers to the process by which lower courts in the same hierarchy are obligated to follow the decisions of higher courts in cases for which the material facts are the same. This process provides for consistency by ensuring that similar cases are dealt with in a similar way as judges are obligated to uphold the decisions of higher judges for similar cases. The problem with this, however, is that lower courts are obligated to uphold a higher court’s decision irrespective of whether or not it’s good or bad. Bad precedents may lead to injustice and poor judgements in cases as a precedent cannot be changed until a case comes before a higher court with similar material facts in order to change the precedent. There are also ways in which courts avoid precedent including reversals, overruling, distinguishing and disapproving which may lead to some inconsistency.

The courts also have some flexibility in avoiding precedents as they may choose to reverse, overrule, distinguish or disapprove the judgements of other judges. However, they are some inherent restrictions on the amount of flexibility they have. Reversing a judgement can also be done for cases upon appeal to a higher court in which the higher court has made a contrary judgement to the lower court. Overruling only occurs in higher courts on a case which is similar to one previously handled by a lower court in the hierarchy but chooses to make a contrary decision to the lower court. However, while this is possible, judges tend to be conservative and are typically more likely to follow a persuasive precedent than establish a new one. Distinguishing occurs only in instances in which there are key differences in the material facts of the case do not align. Finally, disapproving of a precedent can only occur in a court at the same level of the hierarchy; they may choose to not follow the existing persuasive precedent established by another court at the same hierarchy level. Thus, through the methods outlined above, the courts have some flexibility in avoiding established precedents.

Therefore, to a large extent, the doctrine of precedent allows for both consistency and flexibility.





Thoughts? Have I answered the question? Have I provided enough detail? How many marks do you think I'd have gotten if I'd actually written that in a VCAA exam? Have I structured my answer right? My teacher's always going on and on and on about structure in our answers and answering questions in the same order they're asked and blah blah blah.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 16, 2016, 10:31:47 pm
Would also love your thoughts on my answer to the following question if possible:

Why is statutory interpretation necessary? How is it done? [8 marks]

Statutory interpretation is sometimes necessary because statutes and the meanings of words could be ambiguous. For example, in the Davies v. Waldron (1989) case, the words “in charge of a motor car” required interpretation as there was some ambiguity regarding whether or not those words extended to what Waldron alleged he had done – started a car for a friend while intoxicated.

Another instance in which statutory interpretation may be necessary is that the meanings of words may change over time. An example is the Attorney General v. Kevin and Jennifer (2003) case. In this case, the judge was required to ascertain whether the definition of “man” applied to transgender individuals. The implication of this case was that the strict meaning of “man” and “woman” are not as may have been originally envisaged by legislators due to medical and technological changes since marriage laws were originally passed.

Intrinsic and extrinsic sources may be used to interpret legislation. Examples of intrinsic sources include the actual words used in the Act, any definitions that may be provided at the beginning of the Act to clarify the meaning of technical terms of words that may have more than one meaning, or any margin notes or footnotes that can clarify sections of the act. Examples of extrinsic sources include the record of parliamentary debates, dictionary definitions of words and any acts interpretation legislation that may have been passed to provide guidelines on how judges should interpret statutes.



Iffy about whether or not I answered the "how is it done?" question properly. Should I have gone into the whole literal/purposive approaches stuff?
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on May 16, 2016, 11:27:52 pm
Would also love your thoughts on my answer to the following question if possible:

Why is statutory interpretation necessary? How is it done? [8 marks]

Statutory interpretation is sometimes necessary because statutes and the meanings of words could be ambiguous. For example, in the Davies v. Waldron (1989) case, the words “in charge of a motor car” required interpretation as there was some ambiguity regarding whether or not those words extended to what Waldron alleged he had done – started a car for a friend while intoxicated.

Another instance in which statutory interpretation may be necessary is that the meanings of words may change over time. An example is the Attorney General v. Kevin and Jennifer (2003) case. In this case, the judge was required to ascertain whether the definition of “man” applied to transgender individuals. The implication of this case was that the strict meaning of “man” and “woman” are not as may have been originally envisaged by legislators due to medical and technological changes since marriage laws were originally passed.

Intrinsic and extrinsic sources may be used to interpret legislation. Examples of intrinsic sources include the actual words used in the Act, any definitions that may be provided at the beginning of the Act to clarify the meaning of technical terms of words that may have more than one meaning, or any margin notes or footnotes that can clarify sections of the act. Examples of extrinsic sources include the record of parliamentary debates, dictionary definitions of words and any acts interpretation legislation that may have been passed to provide guidelines on how judges should interpret statutes.



Iffy about whether or not I answered the "how is it done?" question properly. Should I have gone into the whole literal/purposive approaches stuff?
I think a good place to start would be defining what statutory interpretation actually is.

And yes, I think for an 8 mark question when explaining how statutory interpretation is done the literal and purposive approaches are relevant to discuss, also talk about how it becomes binding through the doctrine of precedent and courts when statute interpreted is part of the ratio decidendi of a court judgment.
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on May 20, 2016, 05:34:43 pm
Hey, I'm just wondering, what happens when a precedent is overruled by a court on the same level in the court hierachy that made the original precedent. Are both precedents then binding? I'm just a bit confused as to how the doctrine of precedent works on the same court.
Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 20, 2016, 06:18:36 pm
Hey, I'm just wondering, what happens when a precedent is overruled by a court on the same level in the court hierachy that made the original precedent. Are both precedents then binding? I'm just a bit confused as to how the doctrine of precedent works on the same court.
Thanks.

Something I feel I must clear up before I answer your question.

Overruling occurs when judge A hears a case and a similar one was previously dealt with in a lower court in the same hierarchy by Judge B. Judge A chooses to make a decision that is different to the decision made by Judge B. This establishes a new precedent that overrules the one previously established by Judge B.

What you're talking about is disapproving.

Disapproving occurs when Judge A and Judge B are from the same level of the court hierarchy. Judge A has previously dealt with a case and made a judgement. This can serve as a persuasive precedent for Judge B in that they might choose to follow it. However, if they do not choose to follow it, they are disapproving. This forms two contradictory precedents that must later be overruled by either a decision by a higher court on the same issue or a statute as Parliament is the sovereign law maker in Australia.

Hope that helped.

If you have any further questions, feel free to ask.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 20, 2016, 07:05:20 pm
This forms two contradictory precedents that must later be overruled by either a decision by a higher court on the same issue or a statute as Parliament is the sovereign law maker in Australia.


Hey HLS,

Does one of the contradictory precedents have to be later overruled or can both of them remain in force indefinitely (or until it is eventually overridden), allowing the next judge to decide which precedent he/she chooses to follow (providing it's on equal standing and is persuasive)?

Thanks  :)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 20, 2016, 08:09:52 pm
Hey HLS,

Does one of the contradictory precedents have to be later overruled or can both of them remain in force indefinitely (or until it is eventually overridden), allowing the next judge to decide which precedent he/she chooses to follow (providing it's on equal standing and is persuasive)?

Thanks  :)

I feel like sooner or later, someone will have to clean it up because I personally do not think both can remain in force.

It's like saying to lower courts "here's a 'YES' case, here's a 'NO' case, do whatever y'all want." If that's the case, what's the point of having a binding precedent to begin with? It gets too messy. Eventually someone will challenge it in a higher court and/or parliament will come along and clean it up and voila, no more contradiction.

That's what I think anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 20, 2016, 08:27:25 pm
I feel like sooner or later, someone will have to clean it up because I personally do not think both can remain in force.

It's like saying to lower courts "here's a 'YES' case, here's a 'NO' case, do whatever y'all want." If that's the case, what's the point of having a binding precedent to begin with? It gets too messy. Eventually someone will challenge it in a higher court and/or parliament will come along and clean it up and voila, no more contradiction.

That's what I think anyway.

Yeah, that makes sense.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 21, 2016, 04:50:32 pm
Hi all,

Is the High Court the only court which is not bound to follow past precedents?
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 21, 2016, 07:28:57 pm
No court is obliged to follow the judgements made by courts at the same level of the court hierarchy. As there is no court higher than the High Court, we may conclude that the High Court is not bound to follow any precedent whereas otherwise would be bound to follow precedents established by courts higher up in the hierarchy.

Hope that answered your question! :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 22, 2016, 12:51:51 pm
Hey everyone,

How do you reference law made by courts. This is an area of confusion as my teacher says we should only refer to it as principle/statements of law, the text-book begins by saying it's common, judge-made or court-made law and then later on they refer to it as being law.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on May 22, 2016, 01:28:30 pm
Common law, case law, precedent.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 23, 2016, 11:08:34 pm
Hey everyone,

How do you reference law made by courts. This is an area of confusion as my teacher says we should only refer to it as principle/statements of law, the text-book begins by saying it's common, judge-made or court-made law and then later on they refer to it as being law.

Any and all of the above! It's just law - but if the context doesn't make it clear that it's specifically court-made law, then use a court-specific term such as precedent or common law rule/principle. And never use a parliament-specific term such as statute. And, for the SACs, do what your teacher wants.
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on May 26, 2016, 09:57:14 pm
hi all  :) i was doing some revision and i stumbled across the question attached. in the 2015 assessment report it refers to concurrent and residual powers, but how would i incorporate this into my response to gain full marks?

thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 27, 2016, 10:39:42 pm
hi all  :) i was doing some revision and i stumbled across the question attached. in the 2015 assessment report it refers to concurrent and residual powers, but how would i incorporate this into my response to gain full marks?

thanks in advance!

I don't understand your question. Are you saying that you know how to answer the question, but don't know how to incorporate the ideas of residual and concurrent powers into that answer?
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on May 27, 2016, 10:55:08 pm
I don't understand your question. Are you saying that you know how to answer the question, but don't know how to incorporate the ideas of residual and concurrent powers into that answer?

yeah, sorry if i phrased that ambigously! i understand that the question involves the ideas of residual and concurrent powers, but i'm stuck on how to explain it with sufficient detail to gain full marks  :).
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 28, 2016, 09:46:44 am
yeah, sorry if i phrased that ambigously! i understand that the question involves the ideas of residual and concurrent powers, but i'm stuck on how to explain it with sufficient detail to gain full marks  :).

Do you want to give it a go and then people can give feedback?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 28, 2016, 03:55:21 pm
Does anyone have any past Unit 3 AOS 3 SACs or tests?
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on May 28, 2016, 06:03:24 pm
Do you want to give it a go and then people can give feedback?

the only thing i could write was that 'residual powers enable the states to enact different pieces of legislation that pertain to one area. examples of such areas include criminal law and public transport'  ::) it sounds very vague and im not explaining WHY the residual power enables them to do so, as stipulated in the assessment report (this is what i'm stuck on - im not sure how to explain why  :'(). apologies if this is a silly question.. (44% of people got this question correct so i feel like the answer's obvious, but i cant seem to explain it further)

Does anyone have any past Unit 3 AOS 3 SACs or tests?

i can send you my teachers practice SACs if you're interested  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 29, 2016, 08:44:23 pm
the only thing i could write was that 'residual powers enable the states to enact different pieces of legislation that pertain to one area. examples of such areas include criminal law and public transport'  ::) it sounds very vague and im not explaining WHY the residual power enables them to do so, as stipulated in the assessment report (this is what i'm stuck on - im not sure how to explain why  :'(). apologies if this is a silly question.. (44% of people got this question correct so i feel like the answer's obvious, but i cant seem to explain it further)

i can send you my teachers practice SACs if you're interested  :)

See, the problem is that I (or anyone) could absolutely write an answer that explains it in more detail, but that's not really fixing anything long-term because you already know what your problems are: you're not being specific with your explanation, you're not explaining why/how, and you're not mentioning concurrent powers. I know this sounds a bit tough-love, but if you know the content and you know what the current problem is with your work, the only thing left to do for long-term gain is... practise.

So, you know what the problems are. I'd just add to the first (not specific enough in explanatory detail), that you're not being specific enough in the words you choose full stop ("pertain to one area"?), and not being specific enough in how your response relates to the question. Revise. Repost. We've all been there.
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on May 31, 2016, 10:44:57 am
Hi Guys! I found a question that asked What are 2 ways a court of the same standing can depart from precedent other then distinguishing?( 2 x 2 marks )
I understand that the court can disapprove but what would the other one be? It can overrule or reverse because they are on the same level unless I'm wrong?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 01, 2016, 11:04:24 am
Hi Guys! I found a question that asked What are 2 ways a court of the same standing can depart from precedent other then distinguishing?( 2 x 2 marks )
I understand that the court can disapprove but what would the other one be? It can overrule or reverse because they are on the same level unless I'm wrong?

Yeah, I'm stumped by this one. It can't overrule or reverse, as you say - but disapproving isn't a method of departure, so it doesn't count here. Basically, a court of the same standing doesn't have to follow a precedent from the same level full stop, so they don't need to 'depart' per se. They just don't have to follow it (although most will usually give a reason such as disapproving or distinguishing). The wording of that question is either poor, or the person who wrote it suffers a misunderstanding of precedent, I think.
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on June 01, 2016, 06:41:36 pm
I asked my teacher and she said to talk about parliament cancelling precedent through legislation!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 01, 2016, 08:35:38 pm
Oh. That's not 'departing' from precedent, though. If the precedent has been abrogated or otherwise invalidated, it's not current precedent anymore. That would be an appropriate answer for a question worded more like, "Two reasons a court of the same standing might not have to follow a precedent [or 'a previous precedent']." Was the specific wording of the question more along those lines, perhaps, or did it say 'depart'??
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 14, 2016, 08:44:47 pm
Hi guys,

My teacher has given me an 8 mark questions which reads, 'It has been suggested the a single level of courts rather than a hierarchical system should operate in Victoria.'

I am finding it difficult to formulate arguments in regards to having a one-court system and in turn teasing out an answers suitable to achieve 8 marks.

The only arguments I can think of are:

-PRO One-court:
All matters would be able to be heard in the one place, reducing the confusion which litigants may have when deciding on which court they should be taking their case.

-CON of this, which the court hierarchy overcomes.

It would be an administrative nightmare. The court prevents this by having the lower courts dealing with minor cases quickly and the higher courts hearing the more time consuming, complicated cases which reduces delays.


-PRO One-Court:

It would reduce the number of appeals being made, reducing costs for the parties involved and the legal system.

-CON of this, which the court hierarchy overcomes.
Appeals are able to rectify a possible injustice made by a lower court, thereby providing justice for parties to a case.


I can't think of any others as this is not really discussed in the textbook nor been assessed by VCAA in recent years. Could you please offer advice?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 15, 2016, 10:24:57 am
Hi guys,

My teacher has given me an 8 mark questions which reads, 'It has been suggested the a single level of courts rather than a hierarchical system should operate in Victoria.'

I am finding it difficult to formulate arguments in regards to having a one-court system and in turn teasing out an answers suitable to achieve 8 marks.

The only arguments I can think of are:

-PRO One-court:
All matters would be able to be heard in the one place, reducing the confusion which litigants may have when deciding on which court they should be taking their case.

-CON of this, which the court hierarchy overcomes.

It would be an administrative nightmare. The court prevents this by having the lower courts dealing with minor cases quickly and the higher courts hearing the more time consuming, complicated cases which reduces delays.


-PRO One-Court:

It would reduce the number of appeals being made, reducing costs for the parties involved and the legal system.

-CON of this, which the court hierarchy overcomes.
Appeals are able to rectify a possible injustice made by a lower court, thereby providing justice for parties to a case.


I can't think of any others as this is not really discussed in the textbook nor been assessed by VCAA in recent years. Could you please offer advice?

No, it's just slightly different wording of exactly the same question you've seen a million times before! It's just asking for reasons for a court hierarchy - no court hierarchy (vertical) means none of the benefits you've got as reasons. If you want to do a flipside and add a benefit of a flat hierarchy, you've already got that: less confusing. It's just getting enough detail for 8 marks (a kind of crazy number of marks for that sub-topic, btw). So, use ALL your reasons, talk about the negatives of NOT having them, include your advantage of a flat hierarchy, and illustrate with examples of cases and jurisdiction.

(Also, you don't reduce appeals in a flat system - you eliminate them. Because an appeal relies on the subsequent court having authority, and a flat system takes out the authority. The only way you could have an appeal is to have a retrial system where the most recent judgment always wins - but, then, without authority, how do you even order retrials?)
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on June 15, 2016, 09:33:10 pm
how do you even order retrials?

off topic - but I speculate there would need to be different divisions in the same court so they would essentially be a hierarchy anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 15, 2016, 10:50:20 pm
off topic - but I speculate there would need to be different divisions in the same court so they would essentially be a hierarchy anyway.

No, because those divisions wouldn't be based on authority. Like the Mag's has lateral, or horizontal, specialised divisions, but they have nothing to do with a hierarchy in the Mag's - based on topic, essentially. Separate but equal, the way the US never quite achieved ;)
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on June 17, 2016, 09:37:41 pm
Hi, does anyone know if VCAT follows any form of precedent? :)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on June 22, 2016, 05:37:34 pm
Hi, does anyone know if VCAT follows any form of precedent? :)

Tbh, I think legally speaking, it's a no cuz they're not in the court system. BUT logically they would follow established precedent becausze duh, if VCAT makes a decision that goes against an established system, the person would just appeal it in the courts. Someone correct me if I'm wrong.
Title: Re: VCE Legal Studies Question Thread
Post by: chasej on June 23, 2016, 04:24:09 pm
Hi, does anyone know if VCAT follows any form of precedent? :)

VCAT does follow decisions of higher courts, even though VCAT is not a court itself it still follows the common law.

Quote
'VCAT is bound to follow the decisions of superior courts such as the High Court of
Australia and the Supreme Court of Victoria. On the other hand, VCAT is not strictly
bound to follow its own decisions. Although guideline decisions will not be binding, the intention is that they would normally be followed.'
https://www.vcat.vic.gov.au/adv/disputes/planning-and-environment/decisions-0
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 27, 2016, 09:18:37 am
Hey everyone,

When I'm referring to the role of the third party in arbitration, is it sufficient to say that the arbitrator listens to both sides and then makes a decision which is binding on the parties. In my textbook it talks of the arbitrator helping the disputing parties to negotiate for themselves, but I thought that the arbitrator only listened to the parties and then came to a decision.

Thank-you  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 27, 2016, 09:43:13 am
Hey everyone,

When I'm referring to the role of the third party in arbitration, is it sufficient to say that the arbitrator listens to both sides and then makes a decision which is binding on the parties. In my textbook it talks of the arbitrator helping the disputing parties to negotiate for themselves, but I thought that the arbitrator only listened to the parties and then came to a decision.

Thank-you  :)

What you've said is probably sufficient.

For the sake of accuracy, though, an arbitrator (because they're not a judicial officer and it's not a judicial proceeding) can facilitate discussion in the hearing, and allow the parties to negotiate. They can even encourage it. The final decision is theirs, though (although they'll usually respect the wishes of the parties).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 27, 2016, 07:43:59 pm
Sorry for all the questions guys.

When responding to an evaluate question, can I state my position from the beginning? Or do I just get straight into the evaluation and then come to my final position at the end (I suppose this is the aim of an evaluation). If this is the case, do I begin my answer with a sentence of context to ease into my answer?

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 28, 2016, 08:54:13 am
Sorry for all the questions guys.

When responding to an evaluate question, can I state my position from the beginning? Or do I just get straight into the evaluation and then come to my final position at the end (I suppose this is the aim of an evaluation). If this is the case, do I begin my answer with a sentence of context to ease into my answer?

Thanks

That's what the board is here for! And you help others, and you don't ask questions that expect someone else to write entire answers for you instead of you doing the work, so it's all good :)

State it from the beginning. It's safer, because then you've checked a criteria box off from the start. Don't worry about a fluffy context sentence.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 30, 2016, 06:44:11 pm
Hey everyone,

I have two questions.

Firstly, with a question like the following:

Evaluate one strength of conciliation and one strength of mediation as methods of dispute resolution. Which method do you consider to be more effective? Justify your answer. (5 marks)

Does my strength of conciliation have to be limited to the fact the conciliators can offer suggestions or solutions to the parties and my strength of mediation that the parties come to their own solution with only the facilitation of the mediator since I have to come to the conclusion of which is more effective? Or can, for example, I say a strength of conciliation is that there are no strict rules of evidence and procedure (even though this is also the case for mediation)?


My second questions relates to this:

Evaluate the strengths and weaknesses of the methods used by courts and VCAT to resolve civil disputes. (10 marks)

I am having issues with the structure. Is the question asking me to come to the conclusion of whether VCAT or the courts are more effective means for settling disputes? Also, am I able to evaluate the strengths and weaknesses of the courts first and then VCAT?

Thanks very much  :)

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 01, 2016, 09:50:05 am
Hey everyone,

I have two questions.

Firstly, with a question like the following:

Evaluate one strength of conciliation and one strength of mediation as methods of dispute resolution. Which method do you consider to be more effective? Justify your answer. (5 marks)

Does my strength of conciliation have to be limited to the fact the conciliators can offer suggestions or solutions to the parties and my strength of mediation that the parties come to their own solution with only the facilitation of the mediator since I have to come to the conclusion of which is more effective? Or can, for example, I say a strength of conciliation is that there are no strict rules of evidence and procedure (even though this is also the case for mediation)?


My second questions relates to this:

Evaluate the strengths and weaknesses of the methods used by courts and VCAT to resolve civil disputes. (10 marks)

I am having issues with the structure. Is the question asking me to come to the conclusion of whether VCAT or the courts are more effective means for settling disputes? Also, am I able to evaluate the strengths and weaknesses of the courts first and then VCAT?

Thanks very much  :)

Thanks

With the first question:

It doesn't say you need to evaluate the same feature for both, so you can mix and match. If you want your opinion to sound properly good, though, it would probably need to make sense of the two different features you're evaluating - eg along the lines of 'having this strength A is better than having this other strength B, even though both have limitations'.

Just as a content point: mediation does have strict rules of procedure. It doesn't use 'evidence' per se, so it doesn't have rules of evidence, but because the two parties have to be kept in line and the discussion needs to stay fair and constructive etc there are pretty formal rules of procedure that are followed. You can download copies of them from various places.

With the second question:

You've misread the question. The word attached to the task word is 'methods', not venues/avenues (ie not VCAT and courts). It merely clarifies which methods it's talking about by saying the methods that are *used* in VCAT and courts (ie all four methods on the SD).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 01, 2016, 10:23:31 am
With the first question:

It doesn't say you need to evaluate the same feature for both, so you can mix and match. If you want your opinion to sound properly good, though, it would probably need to make sense of the two different features you're evaluating - eg along the lines of 'having this strength A is better than having this other strength B, even though both have limitations'.

Just as a content point: mediation does have strict rules of procedure. It doesn't use 'evidence' per se, so it doesn't have rules of evidence, but because the two parties have to be kept in line and the discussion needs to stay fair and constructive etc there are pretty formal rules of procedure that are followed. You can download copies of them from various places.

With the second question:

You've misread the question. The word attached to the task word is 'methods', not venues/avenues (ie not VCAT and courts). It merely clarifies which methods it's talking about by saying the methods that are *used* in VCAT and courts (ie all four methods on the SD).

Thank-you for this meganrobyn.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 01, 2016, 02:52:42 pm
Thank-you for this meganrobyn.  :)

My pleasure. And, just with the structure, it's totally flexible. Start with your argument/opinion, to be safe, then you can structure it however you think is logical. I personally prefer paragraphs based on features, then cover all the methods S&W on that feature within that paragraph.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on July 01, 2016, 03:58:34 pm
Hey all,

I was just wondering if anyone would be able to tell me how in-depth we need to be with our understanding of the original and appellate jurisdictions of the courts? For instance, the textbook I'm using goes into a lot of detail, and describes things such as: what's required for an indictable offence to be heard summarily, why people would have indictable offences heard summarily, the criteria for diversion programs, types of warrants, etc.

Basically I was wondering if this stuff was examinable?
Title: Re: VCE Legal Studies Question Thread
Post by: legal gal on July 06, 2016, 01:12:26 pm
Heyy,

So I am doing my first legal essay and I'm stuck. The statement is:
'Discuss the extent to which the adversary system achieves one of the elements of an effective legal system. In your answer compare two features of the adversary system and inquisitorial system.'
So basically what I need help with, is the structure of the essay. How do you structure a body paragraph? I'm not sure using TEEL is appropriate in this situation :P

Your help is very much appreciated!
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 09, 2016, 10:14:53 pm
Hi all,

With this question:

Your mother and father run a small family business and have been having trouble with a contractor who has been doing work for them. There are a number of legal issues involving contract disputes and negligence that need to be resolved.

Advise your parents on the advantages and disadvantages of courts versus the Victorian Civil and Administrative Tribunal as two avenues for dispute resolution, so that they can choose the best option for their situation.

Do I need to come to a decision?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 10, 2016, 08:24:29 pm
Hi all,

With this question:

Your mother and father run a small family business and have been having trouble with a contractor who has been doing work for them. There are a number of legal issues involving contract disputes and negligence that need to be resolved.

Advise your parents on the advantages and disadvantages of courts versus the Victorian Civil and Administrative Tribunal as two avenues for dispute resolution, so that they can choose the best option for their situation.

Do I need to come to a decision?

Nope - it's essentially asking you to explain the advantages and disadvantages, and no conclusion-focused task word such as evaluate, analyse etc is used. Your 'parents' will come to the conclusion.

And I say this with some confidence because I wrote the question. Ha. Ha ha.

Seriously. It's from one of my 2012 CPAP SACs.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 10, 2016, 08:34:19 pm
Hey all,

I was just wondering if anyone would be able to tell me how in-depth we need to be with our understanding of the original and appellate jurisdictions of the courts? For instance, the textbook I'm using goes into a lot of detail, and describes things such as: what's required for an indictable offence to be heard summarily, why people would have indictable offences heard summarily, the criteria for diversion programs, types of warrants, etc.

Basically I was wondering if this stuff was examinable?

It's hard to say: some of that is; some of that isn't. Basically, if it's part of SD dot-point content, it is.

For example, hearing an offence summarily IS, because that's an important part of the MC jurisdiction (and, by corollary, the CC jurisdiction). But diversion programs aren't, because you only need to know three sanctions, and the SD doesn't specify which.

So, it depends! Always go back to the SD.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 10, 2016, 08:37:50 pm
Heyy,

So I am doing my first legal essay and I'm stuck. The statement is:
'Discuss the extent to which the adversary system achieves one of the elements of an effective legal system. In your answer compare two features of the adversary system and inquisitorial system.'
So basically what I need help with, is the structure of the essay. How do you structure a body paragraph? I'm not sure using TEEL is appropriate in this situation :P

Your help is very much appreciated!

The structure of a paragraph will depend on the overall structure of your answer. A general rule is: answer/argument; elaboration/examples/sub-arguments.

If it's a comparison paragraph, for instance, your first sentence will probably be a similarity; then your second might elaborate on that. Then you can switch to another paragraph for the next similarity (or difference), or you can group all your similarities together in the one paragraph.

If it's an evaluation paragraph, you probably want to start with the feature or aspect of the thing you're about to evaluate - here, that might be the role of the judge, for instance. Then you have your S&W.

It all depends on the task word that applies to that paragraph, though. Always structure according to the type of task word.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 10, 2016, 08:47:50 pm
Nope - it's essentially asking you to explain the advantages and disadvantages, and no conclusion-focused task word such as evaluate, analyse etc is used. Your 'parents' will come to the conclusion.

And I say this with some confidence because I wrote the question. Ha. Ha ha.

Seriously. It's from one of my 2012 CPAP SACs.

Ha! Seriously?!

Our school always uses CPAP for our SACs. They're great questions  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 10, 2016, 09:11:19 pm
Ha! Seriously?!

Our school always uses CPAP for our SACs. They're great questions  :)

Thank you!!! Yeah, I do all the CPAP Legal stuff. I have lectures coming up in a couple of months, too. Please: let me tell you how awesome I am.

I kid. I've never been to one of my own lectures.
Title: Re: VCE Legal Studies Question Thread
Post by: emilypaul on July 10, 2016, 10:30:31 pm
Hi Guys!

I am seeking some help (last year i was averaging 90% in legal and not in unit 3/4 my best result has been 70% so I really need to do better).

I am doing a practise SAC for Unit 4 AOS 1. The question is:
Compare the role of the independent third party in mediation, conciliation and arbitration. (6 marks)

My question is how do I go about getting the full 6 marks? My plan of attack when answering it would be:

Intro
Paragraph 1- mediation and mediator
Paragraph 2- conciliation and conciliator
Paragraph 3- arbitration and arbitrator
In each paragraph I would point out the distinguishing factors that differentiate them from each other.

Would this be sufficient?

Thanks in advance for the help.

Emily  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 11, 2016, 03:52:46 pm
Hi everyone,

For a 'discuss' question, do I require a conclusion?

Thanks very much  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 11, 2016, 07:45:30 pm
Hi Guys!

I am seeking some help (last year i was averaging 90% in legal and not in unit 3/4 my best result has been 70% so I really need to do better).

I am doing a practise SAC for Unit 4 AOS 1. The question is:
Compare the role of the independent third party in mediation, conciliation and arbitration. (6 marks)

My question is how do I go about getting the full 6 marks? My plan of attack when answering it would be:

Intro
Paragraph 1- mediation and mediator
Paragraph 2- conciliation and conciliator
Paragraph 3- arbitration and arbitrator
In each paragraph I would point out the distinguishing factors that differentiate them from each other.

Would this be sufficient?

Thanks in advance for the help.

Emily  ;D

I wouldn't structure it like this because the structure doesn't address the task word. 'Compare' requires both sims and diffs, and you're structuring it like it's three separate 'explain' questions - leaving the sims and diffs implied.

I would structure it by sim/diff/feature.

For instance, in the first paragraph I might address the obvious: the extent to which the third party influences the outcome. Explicitly say the sims and diffs. Then in the second I might talk about the training/qualifications/experience of the third party. Then maybe the extent to which (and the way in which) they can influence and contribute to the way the parties pursue their case/their side. That kind of thing.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 11, 2016, 07:46:16 pm
Hi everyone,

For a 'discuss' question, do I require a conclusion?

Thanks very much  :)

I think of discuss as a 'soft' eval. I usually do advance opinions, but it's okay to leave it more open.
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on July 12, 2016, 02:25:06 pm
When evaluating the operation of courts and VCAT, do we have to come to a conclusion as to which avenue is better or more effective at resolving civil disputes, or can we come to the conclusion that their effectiveness depends on the type of dispute, as the strengths and weaknesses of each avenue may make a case more suitable to either venue, depending on the circumstances.Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 14, 2016, 09:59:46 pm
Quote
Explain how the existence of a court hierarchy achieves the advantages of specialisation and administrative efficiency.

Please help.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 14, 2016, 10:10:40 pm
Please help.

What do you want help with?

There are four really popular reasons for a court hierarchy, and those are two of them.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 14, 2016, 10:11:36 pm
When evaluating the operation of courts and VCAT, do we have to come to a conclusion as to which avenue is better or more effective at resolving civil disputes, or can we come to the conclusion that their effectiveness depends on the type of dispute, as the strengths and weaknesses of each avenue may make a case more suitable to either venue, depending on the circumstances.Thanks :)

Depends on the wording of the question. More nuanced opinions are generally fine, though.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 14, 2016, 10:21:25 pm
What do you want help with?

There are four really popular reasons for a court hierarchy, and those are two of them.

Forgot to include my question. Whoops.

I sorta don't get how having a court hierarchy = administrative efficiency. Like I can't quite grasp how these two are linked... Could you please clarify the link between court hierarchy and administrative efficiency?
Title: Re: VCE Legal Studies Question Thread
Post by: tas18 on July 15, 2016, 07:55:45 pm
Forgot to include my question. Whoops.

I sorta don't get how having a court hierarchy = administrative efficiency. Like I can't quite grasp how these two are linked... Could you please clarify the link between court hierarchy and administrative efficiency?

My understanding is that having a court hierarchy is beneficial because of the administrative efficiency/ convenience it allows for. The existence of the hierarchy allows for higher courts to hear the more important, complex and lengthy cases, (which makes sense since they are considered to be more experienced) while lower courts hear minor, shorter and less complicated cases. The expediency and benefit of this is that delays are reduced for those taking minor cases to court, as they aren't required to wait for the more lengthy cases to be dealt with first. So because the majority of crimes that are committed are of minor nature (summary offences/ minor civil offences), they can be dealt with quickly in the Magistrates' court (there are a large number of Magistrates' courts, so even though many cases are heard there are many courts of the kind to hear them), therefore, reducing the stress on the higher courts, ensuring delays are reduced and that the court system doesn't get clogged up with the large number of cases waiting to be heard. Hope that helps.. :)
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on July 15, 2016, 09:24:46 pm
Forgot to include my question. Whoops.

I sorta don't get how having a court hierarchy = administrative efficiency. Like I can't quite grasp how these two are linked... Could you please clarify the link between court hierarchy and administrative efficiency?

Administrative convince is a funny one!
It basically means that because courts that are higher up in the system deal with more difficult cases, they will only have the paper work such as precedents on physical record for those sort of cases. For example, the magistrates court wouldn't have case records for murder, an indictable offence, because it mostly doesn't deal with indictable offences (only minor ones listed in The Criminal Procedure Act 2009). Conversely, the Supreme Court wouldn't have paper work for cases dealing with Summary offences because they don't hear them according to their Jurisdiction
It also means that Courts only have the facilities according to their jurisdiction. So, a Magistrates Court wouldn't have a jury box, because it never has a jury
In addition, it is easy for the public to understand what court their matter will go to due to the ranked hierarchy, as the lowest court deals with the most minor cases and as you go up in the hierarchy the seriousness of the cases

Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 15, 2016, 10:51:34 pm
Administrative convince is a funny one!
It basically means that because courts that are higher up in the system deal with more difficult cases, they will only have the paper work such as precedents on physical record for those sort of cases. For example, the magistrates court wouldn't have case records for murder, an indictable offence, because it mostly doesn't deal with indictable offences (only minor ones listed in The Criminal Procedure Act 2009). Conversely, the Supreme Court wouldn't have paper work for cases dealing with Summary offences because they don't hear them according to their Jurisdiction
It also means that Courts only have the facilities according to their jurisdiction. So, a Magistrates Court wouldn't have a jury box, because it never has a jury
In addition, it is easy for the public to understand what court their matter will go to due to the ranked hierarchy, as the lowest court deals with the most minor cases and as you go up in the hierarchy the seriousness of the cases

Hope that helps!
My understanding is that having a court hierarchy is beneficial because of the administrative efficiency/ convenience it allows for. The existence of the hierarchy allows for higher courts to hear the more important, complex and lengthy cases, (which makes sense since they are considered to be more experienced) while lower courts hear minor, shorter and less complicated cases. The expediency and benefit of this is that delays are reduced for those taking minor cases to court, as they aren't required to wait for the more lengthy cases to be dealt with first. So because the majority of crimes that are committed are of minor nature (summary offences/ minor civil offences), they can be dealt with quickly in the Magistrates' court (there are a large number of Magistrates' courts, so even though many cases are heard there are many courts of the kind to hear them), therefore, reducing the stress on the higher courts, ensuring delays are reduced and that the court system doesn't get clogged up with the large number of cases waiting to be heard. Hope that helps.. :)

Thanks guys! Thank you for clarifying that for me. :D

I have another 2 questions.

Quote
Distinguish between conciliation and arbitration. Explain which method of dispute settlement is most effective. [No marking scheme given]

How do I structure my answer? I never know how to structure my answer, especially when there are multiple things that we're asked to do in the question...

Also. Off-topic-ish but in Legal Studies, are we allowed to come up with hypothetical examples and use them in the exam? For example, if I got a question asking for the effects of statutory interpretation and I'd said something about how the courts can broaden or narrow the statute, could I give a hypothetical example about how for example in the studded belt case, while the courts adopted a narrow description of a "regulated weapon", classing it only as an item that served no other purpose than causing bodily harm, they could have adopted a broader definition of a "regulated weapon", classing it as anything that could cause injury, irrespective of its original purpose. Like am I allowed to make up an example or expand an example to better apply to what I was talking about?
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on July 16, 2016, 10:02:06 am
Yes hypothetical examples can be used, but only sometimes...
In that specific question I wouldn't, I would answer like this...

One effect of statutory interpretation is that the meaning of the legislation may be narrowed. This happens when words in legislation are given a more specific meaning, enabling judges to resolve a dispute by seeing whether the facts of their case fall with that meaning or outside that meaning. For example, in Dieng v Tarola (1992) or the Studded Belt case, precedent was set regarding the meaning of the work 'weapon', as there was no definition in the legislation, so the judge defined a weapon as " an object with a primary use as a weapon with no other primary use" to determine if the studded belt fitted this definition. This narrowed the scope of the law
I wouldn't really talk about the meaning being broadened because that doesn't happen very often, and you would need a hypothetical example, i would just make another point like it may prompt parliament to change the law, where examples are plentiful such as after Kevin and Jennifer parliament amended to Marriage Act in 2003 to include post operative transsexuals

For Your other question..
I would start with general statement that clearly states which method you think is more effective
Then one reason why you believe this, as well as a negative point for the lesser point and how the one you believe is better is more effective for this reason
Do this as many times depending on the marks

Hope all this helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 16, 2016, 10:26:08 am
Yes hypothetical examples can be used, but only sometimes...
In that specific question I wouldn't, I would answer like this...

One effect of statutory interpretation is that the meaning of the legislation may be narrowed. This happens when words in legislation are given a more specific meaning, enabling judges to resolve a dispute by seeing whether the facts of their case fall with that meaning or outside that meaning. For example, in Dieng v Tarola (1992) or the Studded Belt case, precedent was set regarding the meaning of the work 'weapon', as there was no definition in the legislation, so the judge defined a weapon as " an object with a primary use as a weapon with no other primary use" to determine if the studded belt fitted this definition. This narrowed the scope of the law
I wouldn't really talk about the meaning being broadened because that doesn't happen very often, and you would need a hypothetical example, i would just make another point like it may prompt parliament to change the law, where examples are plentiful such as after Kevin and Jennifer parliament amended to Marriage Act in 2003 to include post operative transsexuals

For Your other question..
I would start with general statement that clearly states which method you think is more effective
Then one reason why you believe this, as well as a negative point for the lesser point and how the one you believe is better is more effective for this reason
Do this as many times depending on the marks

Hope all this helps :)

Firstly, I think your detail and clarity are amazing - and with your previous answer, too. I was going to say a couple of different things from you, though (I totally agree with everything else) so I'll just put them out there for comparison :)

I agree that a real example shows knowledge in a way that a hypothetical doesn't; but, I wouldn't be prejudiced against hypotheticals because of that. Especially if the hypothetical is an extrapolation of a real case, so you're showing knowledge there and additional illustration. Different, of course, if the question asks for a real example.

(Quick side note: was 'Dieng' a typo? And just go for either 'Deing v Tarola' or 'Studded Belt Case' in the exam because it doesn't matter either way and only using one is quicker :) )

Also, with the Marriage Act, the only statutory amendment was actually to specify that marriage had to be between one man and one woman - the Howard Government tried to include a definition of man and woman based on chromosomes, but they got shouted down and withdrew it. The flexible definition of gender is still in common law.

Totally agree with your advice on the second question. I'd just add to the OP that structuring by reference to the task word or task words is generally best. Once you get confident you can integrate them a little. So, for this one, there are two task words: differentiate, and argue (explain + effective). You can do a section on differences (estimating around 2-4 marks logically), then do a section on comparative strengths and weaknesses (estimating around 3-6 marks logically). Once you get a bit more confident with structure, you can integrate: for instance, begin with a difference, then go straight into eval on that difference; next paragraph, next difference. But integrating task words is harder than doing them one at a time.
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on July 16, 2016, 10:40:24 am
Firstly, I think your detail and clarity are amazing - and with your previous answer, too. I was going to say a couple of different things from you, though (I totally agree with everything else) so I'll just put them out there for comparison :)

I agree that a real example shows knowledge in a way that a hypothetical doesn't; but, I wouldn't be prejudiced against hypotheticals because of that. Especially if the hypothetical is an extrapolation of a real case, so you're showing knowledge there and additional illustration. Different, of course, if the question asks for a real example.

(Quick side note: was 'Dieng' a typo? And just go for either 'Deing v Tarola' or 'Studded Belt Case' in the exam because it doesn't matter either way and only using one is quicker :) )

Also, with the Marriage Act, the only statutory amendment was actually to specify that marriage had to be between one man and one woman - the Howard Government tried to include a definition of man and woman based on chromosomes, but they got shouted down and withdrew it. The flexible definition of gender is still in common law.

Totally agree with your advice on the second question. I'd just add to the OP that structuring by reference to the task word or task words is generally best. Once you get confident you can integrate them a little. So, for this one, there are two task words: differentiate, and argue (explain + effective). You can do a section on differences (estimating around 2-4 marks logically), then do a section on comparative strengths and weaknesses (estimating around 3-6 marks logically). Once you get a bit more confident with structure, you can integrate: for instance, begin with a difference, then go straight into eval on that difference; next paragraph, next difference. But integrating task words is harder than doing them one at a time.


Thank You!

Lucky you pointed out the mistake with the marriage act because i had that in my notes! could have cost me marks in the exam.
Feel free to correct me whenever you want, it will help me as well as everyone learn!
Title: Re: VCE Legal Studies Question Thread
Post by: Drewballs on July 16, 2016, 04:33:55 pm
Hi Everyone!
I'm preparing for my AOS 1 SAC and I came across this question..
Evaluate the Strength and weakness of the methods used by Courts and VCAT to solve civil disputes (10 Marks)
How would I structure my answer? Would I do one strength and one weakness of each of the 4 dispute resolution methods?
and then pick which one is the most effective?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 17, 2016, 09:19:37 pm
Hi Everyone!
I'm preparing for my AOS 1 SAC and I came across this question..
Evaluate the Strength and weakness of the methods used by Courts and VCAT to solve civil disputes (10 Marks)
How would I structure my answer? Would I do one strength and one weakness of each of the 4 dispute resolution methods?
and then pick which one is the most effective?

I think a more integrated comparative analysis is more effective. For this one, I would structure by feature. One feature, then eval the four methods together on that feature; next paragraph, next feature. One some features you can group similar methods.
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on July 19, 2016, 08:59:26 pm
Hi everyone, I was wondering if I could please have some feedback on this sample paragraph relating to 'evaluate and compare the way in which courts operate to resolve disputes." I'm not quite sure how to structure my responses go questions about VCAT/Courts.Thanks :)

One strength of the way VCAT operates to resolve disputes is that they provide a timely resolution of disputes, relative to other avenues such as the courts. VCAT has generally lower waiting times, and lacks extensive pre-civil trial procedures, spending less time on the determination of evidence and allowing more time for the parties to be heard. VCAT aims to resolve disputes within a mean of ten weeks, providing a faster alternative to the courts which often take months from application to hearing. Further, the limited right of appeal at VCAT, restricted to points of law only, provides finality and closure to parties sooner. Whereas, parties can appeal court decisions on point of law, question of fact or outcome. Whilst this can add to the time taken to resolve disputes, it does provide a wider opportunity for erroneous decisions to be rectified. The courts often spend extensive amounts of time conducting pre-civil trial procedures, and while this may be time consuming, it does ensure that all evidence is known to both parties and may promote an out of court settlement. VCAT lacks such extensive procedures, and parties 'surprised' by the revelation of some evidence and could be intimidated into compromise. Therefore, VCAT may not be suitable for large and more complex matters where large volumes of evidence must be considered in detail. Further, the speediness of VCATs operation may be undermined by the fact that many VCAT orders, such as monetary orders, must be certified by the relevant court prior to being enforced upon an in-compliant party. This is in comparison to courts where all orders and decisions are fully and immediately enforceable. Therefore, whilst VCAT’s timely resolution of disputes may not be suitable for all, especially larger cases; it does operate to provide a timely resolution of disputes to the majority of cases, giving finality to parties sooner.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 21, 2016, 09:19:41 pm
Quote
Audrey has commenced civil proceedings in the Supreme Court of Victoria (Trial Division). The court will resolve the dispute at trial after mediation was unsuccessful. Provide one reason for the existence of a court hierarchy. Refer to Audrey’s dispute in your answer.

One reason for the existence of a court hierarchy is that it is essential to the operation of the appeals system. Through the appeals system, parties who are dissatisfied with the outcome of their case may appeal to a higher court to have their case reviewed. For example, if Audrey found himself to be dissatisfied with the outcome of his civil proceedings in the Supreme Court of Victoria (Trial Division), he could appeal to the Supreme Court of Appeals on a point of law, question of fact or damages.

Just wondering: Does my answer make sense? (esp. the underlined bit).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 21, 2016, 09:47:02 pm
Just wondering: Does my answer make sense? (esp. the underlined bit).

Hi HLS,

Yeah that's right, maybe I'd just say 'amount of damages' instead of damages for some extra clarity.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 21, 2016, 11:03:01 pm
Thank youuu! :D

Also: What's the diff between a point of law, a question of fact and a question of law?? Strictly speaking, is that a part of the study design/assessable?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on July 21, 2016, 11:09:39 pm
Thank youuu! :D

Also: What's the diff between a point of law, a question of fact and a question of law?? Strictly speaking, is that a part of the study design/assessable?

I believe a question of fact is regarding a fact of the case (so like, what did/didn't happen), and a question of law and point of law are the same thing - meaning that the court misinterpreted or misapplied the law.

I don't think they are directly examinable (and they're not explicitly stated in the study design), but I do think you need to know them in order to explain the appellate jurisdictions of the courts. E.g. - You are unlikely to get a question asking what an appeal on a point of law is; but you may get a question asking about x person appeal to y court, on the basis of z. :)

EDIT: Clarification.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2016, 10:10:33 am
Thank youuu! :D

Also: What's the diff between a point of law, a question of fact and a question of law?? Strictly speaking, is that a part of the study design/assessable?

Everything that Glasses said, but adding the following illustration: a point of fact is about the facts of the case, which means, what happened or didn't happen based on the evidence shown, and the sentencing appropriate to the facts once they are determined (and sentencing hearings can have a slightly wider range of evidence produced in them). So, for instance, if you wanted to argue that the evidence didn't support a guilty verdict, that would be a point/question of fact; but, if you wanted to argue that a piece of evidence should have been inadmissible because of the rules of evidence (ie them being misapplied in the case), that would be a point/question of law.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on July 22, 2016, 12:38:11 pm
Everything that Glasses said, but adding the following illustration: a point of fact is about the facts of the case, which means, what happened or didn't happen based on the evidence shown, and the sentencing appropriate to the facts once they are determined (and sentencing hearings can have a slightly wider range of evidence produced in them). So, for instance, if you wanted to argue that the evidence didn't support a guilty verdict, that would be a point/question of fact; but, if you wanted to argue that a piece of evidence should have been inadmissible because of the rules of evidence (ie them being misapplied in the case), that would be a point/question of law.

This is a rather odd question, but when explaining an the grounds for appeal, would you say "appeal on..." or "appeal against..." :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 22, 2016, 02:17:54 pm
This is a rather odd question, but when explaining an the grounds for appeal, would you say "appeal on..." or "appeal against..." :)

Not a weird question! An interesting one. I have to think of what I say! Like when someone asks you how to spell something and you sometimes have to write it down.

I think I probably divide it into statements about the specific problem (against), versus statements about the general principle (on). So, I would say, "An appeal against the length of the sentence," but "An appeal on the application of <law> to sentencing." More often than not, it is phrased as a verb, though: eg "Appealing the <blah>."
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on July 22, 2016, 03:06:40 pm
Not a weird question! An interesting one. I have to think of what I say! Like when someone asks you how to spell something and you sometimes have to write it down.

I think I probably divide it into statements about the specific problem (against), versus statements about the general principle (on). So, I would say, "An appeal against the length of the sentence," but "An appeal on the application of <law> to sentencing." More often than not, it is phrased as a verb, though: eg "Appealing the <blah>."

Awesome thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 22, 2016, 07:19:38 pm
Hiiii.

Quote
Describe the appellate jurisdiction of Victorian Courts. [5 marks]

Is that where I literally go and list where appeals would go? e.g. For criminal, magistrates to county on a convictions and sentence basis. and just literally list all of it for both criminal and civil or would I just cover the appellate jurisdiction of courts more generally by making points like:

Appeals go up the court hierarchy.
No appellate civil or criminal jurisdiction for Mag's.
No appellate civil jurisdiction for County.
For criminal, can appeal on a point of law, conviction or sentence basis.
For civil, can appeal on a point of law, question of fact or damages basis.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 23, 2016, 10:34:51 am
Hiiii.

Is that where I literally go and list where appeals would go? e.g. For criminal, magistrates to county on a convictions and sentence basis. and just literally list all of it for both criminal and civil or would I just cover the appellate jurisdiction of courts more generally by making points like:

Appeals go up the court hierarchy.
No appellate civil or criminal jurisdiction for Mag's.
No appellate civil jurisdiction for County.
For criminal, can appeal on a point of law, conviction or sentence basis.
For civil, can appeal on a point of law, question of fact or damages basis.

Because of the open phrasing of the question I would open with one general statement encompassing the hierarchy and law/fact ideas, then go through each court saying what appeals it can hear.
Title: Re: VCE Legal Studies Question Thread
Post by: Lauradf36 on July 23, 2016, 12:30:32 pm
Question on international crime/human rights: are people smuggling & human trafficking the same thing? Or could you use similar evidence if they are different?
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 23, 2016, 12:57:38 pm
Because of the open phrasing of the question I would open with one general statement encompassing the hierarchy and law/fact ideas, then go through each court saying what appeals it can hear.

But wouldn't that be like a lot of work? Esp for 5 marks?

1) Will VCAA questions ever be *that* ambiguous?
2) How many marks do you think I'd have gotten if I'd just covered the points I'd listed there in an exam setting?
3) How do we know that making general statements encompassing the hierarchy,etc wouldn't have been enough for full marks? Like is it the fact that it was worth 5 marks? I always seem to have this problem where I never know how much information is too much and how much information is not enough...

PS: Thank you for your help! :D
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 23, 2016, 03:14:56 pm
But wouldn't that be like a lot of work? Esp for 5 marks?

1) Will VCAA questions ever be *that* ambiguous?
2) How many marks do you think I'd have gotten if I'd just covered the points I'd listed there in an exam setting?
3) How do we know that making general statements encompassing the hierarchy,etc wouldn't have been enough for full marks? Like is it the fact that it was worth 5 marks? I always seem to have this problem where I never know how much information is too much and how much information is not enough...

PS: Thank you for your help! :D

Keep in mind that 5 marks is over half a page of writing, and about 7-8 minutes of writing; you could definitely write it all in that time/space. However, I still think it's a really unlikely exam question. I mean, look at the history of VCAA questions: it's not on the list.

A general statement would absolutely in no way be enough for full marks, though. One mark is about 2-5 lines of writing (average maybe 3 lines) if you look at the time allocation crossed with the marking scheme crossed and the line allocation. Also, look at the history of exam questions - do you get very vague, general definition questions, ever, for more than 1-2 marks? And even 2 marks is stretching it without an example or some illustrative detail.

For what you wrote, I personally would give you 2 marks max. You haven't said what the CC crim AJ is, and haven't mentioned the SC or COA at all.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on July 23, 2016, 03:23:02 pm
Keep in mind that 5 marks is over half a page of writing, and about 7-8 minutes of writing; you could definitely write it all in that time/space. However, I still think it's a really unlikely exam question. I mean, look at the history of VCAA questions: it's not on the list.

A general statement would absolutely in no way be enough for full marks, though. One mark is about 2-5 lines of writing (average maybe 3 lines) if you look at the time allocation crossed with the marking scheme crossed and the line allocation. Also, look at the history of exam questions - do you get very vague, general definition questions, ever, for more than 1-2 marks? And even 2 marks is stretching it without an example or some illustrative detail.

For what you wrote, I personally would give you 2 marks max. You haven't said what the CC crim AJ is, and haven't mentioned the SC or COA at all.

Huh. Okay.

So 5 marks is like half a page of writing. Gotcha. Thank you. :D
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 23, 2016, 03:28:10 pm
Hi everyone,

When is a good time to start revising?

During the last holidays I went over unit 3 and did an exam, however I'm worried about not having enough time to revise at the end of the term. Does anyone have some advice?

Thank-you
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 23, 2016, 03:30:59 pm
Hi everyone,

When is a good time to start revising?

During the last holidays I went over unit 3 and did an exam, however I'm worried about not having enough time to revise at the end of the term. Does anyone have some advice?

Thank-you

Back when you finished Unit 3 ;)

I recommend revising one AOS a week, reading over notes, doing a few questions; then next holidays you start proper practice exams and actually have the ability to complete them properly because you don't need to relearn anything.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on July 23, 2016, 03:37:43 pm
Question on international crime/human rights: are people smuggling & human trafficking the same thing? Or could you use similar evidence if they are different?

I'm assuming you're completing, and this is related to HSC Legal Studies, so you might have more luck getting an answer in the HSC Legal sub-forum (Legal Studies) :)

That being said, I would assume that people smuggling relates to illegal migration/smuggling people across borders; whilst human trafficking is more so about slavery, the ownership and trading of human persons, forced marriage and that sort of thing.
(But I want to emphasise that I'm not sure, and that this is just a bit of an estimation).

:)
Title: Re: VCE Legal Studies Question Thread
Post by: Lauradf36 on July 23, 2016, 04:10:19 pm
I'm assuming you're completing, and this is related to HSC Legal Studies, so you might have more luck getting an answer in the HSC Legal sub-forum (Legal Studies) :)

That being said, I would assume that people smuggling relates to illegal migration/smuggling people across borders; whilst human trafficking is more so about slavery, the ownership and trading of human persons, forced marriage and that sort of thing.
(But I want to emphasise that I'm not sure, and that this is just a bit of an estimation).

:)

Oh, didn't know it was separate! Thanks anyway :)
Title: Re: VCE Legal Studies Question Thread
Post by: Dem16 on July 26, 2016, 06:59:15 am
Can someone please help me with this question......
'Committal hearings are complicated and serve no useful purpose.' Discuss the extent to which you agree or disagree with this statement.
Although i disagree with this statement, what is some evidence that would agree with it?
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on July 27, 2016, 09:37:18 pm
Hi Everyone, does anyone know of any 'recent' changes/reforms to the legal system that we can use in Unit 4? :)
Title: Re: VCE Legal Studies Question Thread
Post by: jacquic on July 28, 2016, 08:25:19 pm
Hello, just need a bit of help on answering this question.....its worth 3 marks....
Daniel has issued proceedings against Jessica in the County Court. Jessica has been informed that a jury will hear the case.   
Identify and describe one dispute resolution method a court could use to resolve Jessica and Daniel’s dispute. 
Thanks heaps....
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on July 28, 2016, 08:35:16 pm
Hello, just need a bit of help on answering this question.....its worth 3 marks....
Daniel has issued proceedings against Jessica in the County Court. Jessica has been informed that a jury will hear the case.   
Identify and describe one dispute resolution method a court could use to resolve Jessica and Daniel’s dispute. 
Thanks heaps....

If I were answering that question, I'd probably talk about judicial determination or mediation (although there might be other options too). But anyway, I'd probably answer it like:
- Identify method (judicial determination or mediation).
- Description of method, so basically what it is (like a definition and what it entails), and maybe a brief discussion of the role of the third-party in the method.
- Use by the courts (so how the court would use the method - so it may refer the matter to mediation before setting a hearing date; or it may judicially determine the case (in the presence of a jury) by hearing the evidence, submissions, etc. before giving a legally binding decision.

*And whilst answering the question, make use of the person's names and refer to the example. E.g. "the court may use.... to resolve x and y person's dispute." And specifically refer to the county court, as this is the court identified in the example :)

Hope this helps! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 29, 2016, 10:28:14 am
Hi Everyone, does anyone know of any 'recent' changes/reforms to the legal system that we can use in Unit 4? :)

There are a whole bunch in each textbook, and a number of places (like me with CPAP) also put out regular updates during the year. Do you have any resources like these?
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on July 29, 2016, 02:24:50 pm
There are a whole bunch in each textbook, and a number of places (like me with CPAP) also put out regular updates during the year. Do you have any resources like these?
yes, I'm a CPAP fan- study guide, updates and past SACS!! Very useful! :) I was just wondering if there have been any notable reforms to the legal system in the last 6 months. I'm sure there will be some when I get around to reading the latest update from you!  ;)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 30, 2016, 10:44:50 am
yes, I'm a CPAP fan- study guide, updates and past SACS!! Very useful! :) I was just wondering if there have been any notable reforms to the legal system in the last 6 months. I'm sure there will be some when I get around to reading the latest update from you!  ;)

Haha - aw, shucks. Yeah, Update #3 has material on the end of Unit 4 AOS 1 and the whole of Unit 2 AOS 2 - and your reforms only relate to Unit 4. But the timeframe is the last five years, and major things don't tend to change all the time, so I'd ask your teacher for the back copies of 2015's Updates, since it sounds like your school subscribes. Even 2014, as well.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 30, 2016, 11:08:12 am
Haha - aw, shucks. Yeah, Update #3 has material on the end of Unit 4 AOS 1 and the whole of Unit 2 AOS 2 - and your reforms only relate to Unit 4. But the timeframe is the last five years, and major things don't tend to change all the time, so I'd ask your teacher for the back copies of 2015's Updates, since it sounds like your school subscribes. Even 2014, as well.

Hi Meganrobyn,

Does my school have to subscribe to gain access to CPAP resources?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 30, 2016, 02:49:48 pm
Hi Meganrobyn,

Does my school have to subscribe to gain access to CPAP resources?

To be honest, I only write and present! So I don't know the business side of things. I know 100% that students can come to the lectures and buy the Study Guide without their school subscribing - they're just like normal; but I also write quarterly updates, SACs and exams, and I'm not sure if those are available for individual students to buy. The website probably (almost definitely) knows more about it than I do! So you could definitely check if you're interested. (Plug: I think you should look at the day-long workshop because you're good on the content! ;) )
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 31, 2016, 04:45:50 pm
Hi all,

For the following question:

Discuss the ability of parliament to change the law (10 marks), I understand the question is wanting me to draw out the strengths and weaknesses of parliament. However, I am finding it difficulty to link some of the strengths back to the question relating to parliaments 'ability to change the law.'

For example, a strength of parliament is that since it's elected by the people it must be representative of them in parliament, making laws which reflect their views and values. Further, the government will sometimes delay the passage of a bill for public reaction.

How can this point properly relate back to the question?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on July 31, 2016, 09:22:53 pm
Hi all,

For the following question:

Discuss the ability of parliament to change the law (10 marks), I understand the question is wanting me to draw out the strengths and weaknesses of parliament. However, I am finding it difficulty to link some of the strengths back to the question relating to parliaments 'ability to change the law.'

For example, a strength of parliament is that since it's elected by the people it must be representative of them in parliament, making laws which reflect their views and values. Further, the government will sometimes delay the passage of a bill for public reaction.

How can this point properly relate back to the question?

I think you're stumping yourself a bit with the wording you've got pre-prepared - don't rely on it; rely on the idea, and see if the wording can use the language of the question. As in, are you arguing that parliament is better *able* to make laws that reflect the views and values of the public because they are open to public input via elections and government consultation...?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 31, 2016, 09:48:53 pm
I think you're stumping yourself a bit with the wording you've got pre-prepared - don't rely on it; rely on the idea, and see if the wording can use the language of the question. As in, are you arguing that parliament is better *able* to make laws that reflect the views and values of the public because they are open to public input via elections and government consultation...?

Yes, that's my argument.

Sorry, I think I misinterpreted the question in regards to the types of strengths/weaknesses I should be raising. Looking at the examiners report, the following was one of the points which could have been made, however I don't understand how it can relate back to parliaments ability to make laws.

'Parliament is elected by the people and therefore is in a position of being able to represent the people through its changing of the law.'

Thanks again.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 01, 2016, 09:36:21 pm
Yes, that's my argument.

Sorry, I think I misinterpreted the question in regards to the types of strengths/weaknesses I should be raising. Looking at the examiners report, the following was one of the points which could have been made, however I don't understand how it can relate back to parliaments ability to make laws.

'Parliament is elected by the people and therefore is in a position of being able to represent the people through its changing of the law.'

Thanks again.

Sometimes it can help to relate it back to courts to see the corollary. Here, the courts *don't* have the role of making laws that represent people, and a big part of that is the fact that they're independent and *not* elected.

Essentially, the exam isn't trying to trap you into a narrow argument. I mean, what you say has to be related to the question and you can't just go off and talk about something different because you prefer it (eg question asks about eval so you have an eval intro then write an answer all on reforms), but the terms used are generally intended to be more encompassing than restrictive.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 03, 2016, 04:56:37 pm
Hi everyone,

When given an evaluate question, such as, evaluate the role of legal representation in the adversary system of trial, do my first points have to be negative if my view of the role is negative and vice versa?

Sorry, I hope I make sense.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on August 03, 2016, 05:38:13 pm
Hi everyone,

When given an evaluate question, such as, evaluate the role of legal representation in the adversary system of trial, do my first points have to be negative if my view of the role is negative and vice versa?

Sorry, I hope I make sense.

I don't think there is any 'right' way to do it - and it probably depends on the particular question, and what flows best.
I tend to like answering extended response questions as follows:
Intro
Strength
Correlating weakness (if applicable).
Strength
Correlating weakness (if applicable), or correlating/additional strength or weakness, depending on contention.
Conclusion
Or something of the like.

Otherwise, you could go:
Weakness
Correlating strength
etc.

I'd assume it depends on what just 'works' for the particular question. :)

But I don't really like going:
Strength
Strength
Strength
Weakness
Weakness
Weakness
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 03, 2016, 05:57:29 pm
I don't think there is any 'right' way to do it - and it probably depends on the particular question, and what flows best.
I tend to like answering extended response questions as follows:
Intro
Strength
Correlating weakness (if applicable).
Strength
Correlating weakness (if applicable), or correlating/additional strength or weakness, depending on contention.
Conclusion
Or something of the like.

Otherwise, you could go:
Weakness
Correlating strength
etc.

I'd assume it depends on what just 'works' for the particular question. :)

But I don't really like going:
Strength
Strength
Strength
Weakness
Weakness
Weakness

Thanks Glasses. Yes, I tend to agree that there is no 'right' response.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 03, 2016, 08:57:59 pm
Is it true that Victorian Legal Aid only covers criminal matters?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 03, 2016, 09:31:37 pm
Is it true that Victorian Legal Aid only covers criminal matters?

Plus family law. I'm pretty sure that's close to it, though. And with criminal, most often it's only if they plead guilty.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 04, 2016, 05:16:53 pm
Hey guys,

I'm racking my brains to find a similarity between the roles of the parties in the adversary system and the inquisitorial system. Could someone please help me out? Would one be that they both have the choice of legal representation (despite this not being a big factor of the inquisitorial system)?

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 04, 2016, 10:48:54 pm
Hey guys,

I'm racking my brains to find a similarity between the roles of the parties in the adversary system and the inquisitorial system. Could someone please help me out? Would one be that they both have the choice of legal representation (despite this not being a big factor of the inquisitorial system)?

Thanks

What do you mean 'not a big factor'? In many inquisitorial countries it's compulsory for the defendant to be legally represented - unlike here, for instance. Make sure you're more specific rather than making general statements.

Apart from that, the parties still have the responsibility to collect evidence before trial (the difference is just that they don't get to decide which evidence is used in the actual trial).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 05, 2016, 02:48:48 pm
What do you mean 'not a big factor'? In many inquisitorial countries it's compulsory for the defendant to be legally represented - unlike here, for instance. Make sure you're more specific rather than making general statements.

Apart from that, the parties still have the responsibility to collect evidence before trial (the difference is just that they don't get to decide which evidence is used in the actual trial).

In my textbook it says 'evidence is collected by the presiding judge,' which is what my Legal teacher has also taught us. Is this incorrect?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 05, 2016, 09:46:23 pm
I hate disagreeing with textbooks, so I'll qualify this with an *as far as I am aware*: there is a difference between an investigating magistrate and a presiding judge. There is also a fair bit of difference between inquisitorial jurisdictions, and between civil and criminal cases within the jurisdictions. So it's really not even that clear-cut, sorry.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 05, 2016, 09:55:59 pm
I hate disagreeing with textbooks, so I'll qualify this with an *as far as I am aware*: there is a difference between an investigating magistrate and a presiding judge. There is also a fair bit of difference between inquisitorial jurisdictions, and between civil and criminal cases within the jurisdictions. So it's really not even that clear-cut, sorry.

In fact, sources are always best. Here's a decent one, with decent references:

http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1223&context=law_pubs
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 06, 2016, 02:50:51 pm
Hi everyone,

For this question, 'Discuss the ability of criminal sanctions to achieve their purposes. In your answer, describe at least two sanctions other than imprisonment,' is the first part of the question wanting me to discuss specific sanctions or sanctions in general. The worth of the question is 10 marks. 
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 06, 2016, 06:42:33 pm
Hi everyone,

For this question, 'Discuss the ability of criminal sanctions to achieve their purposes. In your answer, describe at least two sanctions other than imprisonment,' is the first part of the question wanting me to discuss specific sanctions or sanctions in general. The worth of the question is 10 marks.

With an open statement like that I think it's always best to make general arguments backed up with specific detail - do both. I mean, you *do* have three-odd pages and 20+ minutes of writing your goddamn hand off to do it in...
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 13, 2016, 07:45:51 pm
Hi everyone,


For AOS 2 of unit 4, can a possible reform to the adversary system also be a recommended change to the legal system?

Is a recommended change one that is more formal (such as suggested by the VLRC or a formal body). Also, am I expected to evaluate recommendations and recent changes to the legal systems or just the possible reforms to the adversary system?

Thank-you
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on August 20, 2016, 08:18:33 pm
For a 10 marker asking to evaluate the adversary system, such as in 2010 "Critically evaluate the use of the adversary system of trial" - do you have to evaluate all 5 features? Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 20, 2016, 08:51:39 pm
Hi everyone,


For AOS 2 of unit 4, can a possible reform to the adversary system also be a recommended change to the legal system?

Is a recommended change one that is more formal (such as suggested by the VLRC or a formal body). Also, am I expected to evaluate recommendations and recent changes to the legal systems or just the possible reforms to the adversary system?

Thank-you

Yes. Yes. No.

:)

On my reading of the SD and past exams, you shouldn't need weaknesses of the recent/recommended reforms. Double-check what you think of the wording.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 20, 2016, 08:53:14 pm
For a 10 marker asking to evaluate the adversary system, such as in 2010 "Critically evaluate the use of the adversary system of trial" - do you have to evaluate all 5 features? Thanks :)

Usually they don't set exact requirements like that unless it's specified in the wording of the question. It's usually safe to look at the mark allocation and then err on the side of more. Here, for instance, I'd definitely do three, and maybe squeeze in a bit about one or both of the remaining two. I mean, you have a lot of lines to fill...
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 21, 2016, 06:09:58 pm
Hi everyone,

For this question:

 'Describe the process of referral of powers by the states to the Commonwealth Parliament.' (3 marks)

Would it be sufficient to say the following:

The process of the the referral of powers begins with the states agreeing to hand over law-making power which they believe would be better dealt with by the Commonwealth Parliament. To do this, the states must pass an Act, which states that they agree to hand over their law-making power to the Commonwealth. In response to this, the Commonwealth Parliament passes an Act accepting this law-making power from the states who have offered to refer their power.


With 3 markers or even 2 markers, I never know if I am putting too much or too little down on the paper. Sometimes I allow the lines to intimidate me also.



 
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 21, 2016, 08:15:26 pm
Hi everyone,

For this question:

 'Describe the process of referral of powers by the states to the Commonwealth Parliament.' (3 marks)

Would it be sufficient to say the following:

The process of the the referral of powers begins with the states agreeing to hand over law-making power which they believe would be better dealt with by the Commonwealth Parliament. To do this, the states must pass an Act, which states that they agree to hand over their law-making power to the Commonwealth. In response to this, the Commonwealth Parliament passes an Act accepting this law-making power from the states who have offered to refer their power.


With 3 markers or even 2 markers, I never know if I am putting too much or too little down on the paper. Sometimes I allow the lines to intimidate me also.

Not enough. But you've been a bit wordy with the content you have included, so it looks longer. You haven't said that it's residual powers only; that one or more states can do it; that the powers are able to be used as though they were concurrent; but that the laws only apply in the state or states that referred the power.

Judge it on about 1-1.5 mins per mark for questions below 6 marks, and 1.5-2 mins for questions 6 marks and above. Make up time on the really straightforward definition/answer ones where you can. You need to know how much you can write in the time (I can comfortably write 3-6 lines per mark depending on the question).
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 21, 2016, 08:26:54 pm
Not enough. But you've been a bit wordy with the content you have included, so it looks longer. You haven't said that it's residual powers only; that one or more states can do it; that the powers are able to be used as though they were concurrent; but that the laws only apply in the state or states that referred the power.

Judge it on about 1-1.5 mins per mark for questions below 6 marks, and 1.5-2 mins for questions 6 marks and above. Make up time on the really straightforward definition/answer ones where you can. You need to know how much you can write in the time (I can comfortably write 3-6 lines per mark depending on the question).

Ok then, thank-you.  :)

Title: Re: VCE Legal Studies Question Thread
Post by: Dem16 on August 23, 2016, 06:13:27 am
How does the feature of standard and burden of proof contribute to the accessibility of the adversary system?
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on August 26, 2016, 11:46:40 am
Heyyy.

So this is gonna sound like a bit of a dumb question but...

How many lines of writing should we have per mark?

Like if it's a 2 marker, should that be 2 lines of writing ideally and a 4 marker = 4 lines of writing or...?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 28, 2016, 07:09:56 pm
Hey guys,

How many 'problems and difficulties faced by individuals using the legal system' should I be learning?

Thank-you
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 16, 2016, 05:22:34 pm
Would anyone know if VCAT holds pre-hearing procedures?

Thanks   :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 16, 2016, 06:30:53 pm
can we make up articles from SMH, because that's what I did in my trials but not sure if they realised

Hi Emilee,

I'm not sure if you are aware, but this is the Legal Studies Thread for VCE. From the sound of your post it appears that you may be referring to HSC Legal Studies. If so, there is another Legal Studies Thread for HSC, which is very extensive and is likely to cover most of your questions!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2016, 10:29:55 pm
How does the feature of standard and burden of proof contribute to the accessibility of the adversary system?

I don't think it super does...
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2016, 10:31:43 pm
Heyyy.

So this is gonna sound like a bit of a dumb question but...

How many lines of writing should we have per mark?

Like if it's a 2 marker, should that be 2 lines of writing ideally and a 4 marker = 4 lines of writing or...?

Some very straightforward answer/definition questions will be fewer than this, but, generally, 3-6 lines per mark.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 20, 2016, 10:32:30 pm
Would anyone know if VCAT holds pre-hearing procedures?

Thanks   :)

Some - eg mediation. Depends on the list and the claim.
Title: Re: VCE Legal Studies Question Thread
Post by: serenagepp on September 21, 2016, 08:24:38 pm
HELP! :) I have no idea where to post this. But I was going over Chapter 1 which is part of AOS 1 and had a look at the key knowledge listed in the study design. In chapter 1 there is definitions for non legal rules and legal rules, however those aren't listed in the study design under key knowledge. So my question is, if it isn't listed in key knowledge I cannot be asked a direct question on the definition of either of these?
I am worried if I don't study absolutely everything back to front, a concept from outside the key knowledge area will be put somewhere in the exam and I won't be able to address it properly!
If someone could clarify this for me that would be great and save a lot of stress and time!  :D
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 21, 2016, 08:33:30 pm
HELP! :) I have no idea where to post this. But I was going over Chapter 1 which is part of AOS 1 and had a look at the key knowledge listed in the study design. In chapter 1 there is definitions for non legal rules and legal rules, however those aren't listed in the study design under key knowledge. So my question is, if it isn't listed in key knowledge I cannot be asked a direct question on the definition of either of these?
I am worried if I don't study absolutely everything back to front, a concept from outside the key knowledge area will be put somewhere in the exam and I won't be able to address it properly!
If someone could clarify this for me that would be great and save a lot of stress and time!  :D

If there is a question directly asking what 'non-legal' and 'legal' rules are, I'll sacrifice my firstborn child.

You're safe :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 22, 2016, 04:26:46 pm
Hi all,

After looking at this 2 marker from last years paper, which asked for one purpose of remand, I am really unsure as to how I can expand on the first point given in the examiners report.

Could someone please help me out?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 22, 2016, 04:56:21 pm
Hi all,

After looking at this 2 marker from last years paper, which asked for one purpose of remand, I am really unsure as to how I can expand on the first point given in the examiners report.

Could someone please help me out?

To expand on that point, I'd probably elaborate on how remand protects the community. I.e. - I'd explain that since remand results in the accused being physically separated and 'moved out' of society, this literally and physically prevents them from being able to inflict bodily harm on members of the public.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 23, 2016, 10:24:26 am
To expand on that point, I'd probably elaborate on how remand protects the community. I.e. - I'd explain that since remand results in the accused being physically separated and 'moved out' of society, this literally and physically prevents them from being able to inflict bodily harm on members of the public.

Thanks for that Glasses.   :)

In terms of cases involving the interpretation of the Commonwealth Constitution, how is everyone dealing with the facts of the case? I understand that the significance or the impact is the part which is important, however I feel that I must use at least 2-3 sentences to establish the facts so that I can discuss the significance/impact.

Title: Re: VCE Legal Studies Question Thread
Post by: jacquic on September 23, 2016, 10:53:54 am
can someone pls help me with this question???
Evaluate to the extent to which civil pre-trial procedures contribute to the effect operation of the legal system. (4 marks)
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 23, 2016, 01:21:09 pm
can someone pls help me with this question???
Evaluate to the extent to which civil pre-trial procedures contribute to the effect operation of the legal system. (4 marks)

So that question is basically asking for you to look at the relationship between civil pre-trial procedures (such as discovery, pleadings and directions hearings) and the elements of an effective legal system (fair and unbiased hearing, effective access and timely resolution). If it were me answering the question, I'd elaborate on how civil pre-trial procedures do and do not achieve one or more of the elements of an effective legal system, and I'd also use specific pre-trial procedures as examples.
So for example, discovery can contribute to entitlement to a fair and unbiased hearing, because it informs the parties of the evidence of the other party, thereby preventing a 'trial by ambush' and putting the parties on equal footing... etc.
I would also expand on how civil pre-trial procedures hinder one of the elements of an effective legal system. E.g. - the costs associated with discovery can limit the extent to which an individual can effectively access the legal system... etc.

Also make sure you outline the extent to which you agree or disagree with the statement; and don't confuse civil pre-trial procedures with criminal pre-trial procedures.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 23, 2016, 01:21:34 pm
Thanks for that Glasses.   :)

In terms of cases involving the interpretation of the Commonwealth Constitution, how is everyone dealing with the facts of the case? I understand that the significance or the impact is the part which is important, however I feel that I must use at least 2-3 sentences to establish the facts so that I can discuss the significance/impact.

If you can, maybe see if you can incorporate the facts of the case into your explanation of the significance or impact of the case; and use examples from the case to show you're familiar with the details.

Also don't forget that the assessors will be familiar with the facts of said case, so try not to go into too much detail with the details.

:)
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on September 24, 2016, 01:02:55 pm
Does anyone know if a decision made in the civil jurisdiction of the Magistrate's Court can be appealed on a question of fact/remedy? My book just mentions appeals on points of law occuring in the Supreme Court (Trial). Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 24, 2016, 02:00:42 pm
Does anyone know if a decision made in the civil jurisdiction of the Magistrate's Court can be appealed on a question of fact/remedy? My book just mentions appeals on points of law occuring in the Supreme Court (Trial). Thanks!

Your textbook is right - civil appeals can only proceed (in the Trial Division of the Supreme Court) on a point of law :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 24, 2016, 02:29:04 pm
Your textbook is right - civil appeals can only proceed (in the Trial Division of the Supreme Court) on a point of law :)

So is that to say that individuals from the Magistrates' Court cannot appeal a decision as to facts or amount of damages in a civil case?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 24, 2016, 04:47:22 pm
So is that to say that individuals from the Magistrates' Court cannot appeal a decision as to facts or amount of damages in a civil case?

I believe that is generally the case, yes.
Maybe in extraordinarily unique circumstances it may be allowed, but I think the general consensus is that civil appeals from the Magistrate's Court can only proceed on a point of law.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 25, 2016, 10:38:14 am
Hi guys,

When a matter is being judicially determined by VCAT's president or vice-president, do the strict rules of evidence and procedure apply?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on September 25, 2016, 05:00:36 pm
Hi guys,

When a matter is being judicially determined by VCAT's president or vice-president, do the strict rules of evidence and procedure apply?

I don't think so - since they're sitting in the tribunal setting, not a court.
But maybe wait for someone else (e.g. - MeganRobyn) to confirm this :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 26, 2016, 11:03:20 pm
Hi guys,

When a matter is being judicially determined by VCAT's president or vice-president, do the strict rules of evidence and procedure apply?

Not the same as when judicial determination is being conducted by a court, no - the tribunal is still an executive body performing a judicial function, and the legislation provides it with the scope to be flexible and more accommodating. It really depends on the list and specific dispute, though, as to exactly how flexible and informal it will be.

Some of the Practice Notes give you an idea, though. Eg: file:///C:/Users/Megan/Downloads/practice_note_vcat_3_fair_hearing_obligation-1-1-2013.pdf
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 27, 2016, 06:47:52 pm
Hi everyone,

When disputes in VCAT aren't being judicially determined, are they being determined through arbitration? With this topic I find that I'm getting muddled in detail.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 27, 2016, 09:52:46 pm
Hi everyone,

When disputes in VCAT aren't being judicially determined, are they being determined through arbitration? With this topic I find that I'm getting muddled in detail.

If it's a hearing before a senior or ordinary member *not* the president or a vp, then - yes, it's classed as arbitration. If it's a sit-down conference then it's more likely something like mediation.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on September 29, 2016, 12:49:40 pm
Hi everyone,

I was looking at the attached question from the 2010 VCAA Legal Studies Examination.

The question is 'The doctrine of precedent allows for consistency and flexibility. Critically examine these two strengths of the doctrine of precedent.'

With critically examine, I understand that an opinion is needed somewhere in your answer. However, I can't seem to recognise a clear opinion in the high-scoring answer below. Therefore, my question is, how clear do opinions need to be in critically examine questions and is a conclusion necessary?

Thank-you
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 01, 2016, 08:47:20 pm
Hi everyone! I was wondering if analysis of High Court interpretations as a means of changing law- making powers is examinable? It is not explicitly stated in the study design, but I am unsure!

Hi Izzymaybury,

Under the key skills section of the study design High Court interpretation is explicitly stated as a means of changing the division of law-making powers along with referenda and the referral of powers.

Therefore, you may be asked a question such as 'Analyse the impact of High Court interpretation on the division of law-making powers.






Title: Re: VCE Legal Studies Question Thread
Post by: Izzy1 on October 01, 2016, 09:11:33 pm
Thanks so much clarke54321! That helps a lot! (Sorry I'm not sure how to reply to your actual message!)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 06, 2016, 04:19:31 pm
Hi guys,

Am I able to continue writing on white space underneath an answer if I only have a little bit extra to write, or will this cut off when being scanned?

For larger answers where I know I will be writing more paragraphs I will make a note for the assessor to go to the back page, but when I have just a few extra lines is this allowed?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 06, 2016, 07:55:57 pm
Hi guys,

Am I able to continue writing on white space underneath an answer if I only have a little bit extra to write, or will this cut off when being scanned?

For larger answers where I know I will be writing more paragraphs I will make a note for the assessor to go to the back page, but when I have just a few extra lines is this allowed?

Thanks!
i did this on most questions- it was fine. dont think legal is scanned anyways, but generally should be alright :)
Title: Re: VCE Legal Studies Question Thread
Post by: KDB on October 06, 2016, 08:11:36 pm
i did this on most questions- it was fine. dont think legal is scanned anyways, but generally should be alright :)

I asked my teacher this today. All of the exams are now scanned electronically, so if its outside of the lines then it the assessor won't see it. She said its best to just put your hand up and ask for an extra booklet and write in that or just write on the back page.
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on October 06, 2016, 08:13:45 pm
I asked my teacher this today. All of the exams are now scanned electronically, so if its outside of the lines then it the assessor won't see it. She said its best to just put your hand up and ask for an extra booklet and write in that or just write on the back page.
ah i see- i did legal last year, so yeah idk if its changed :) best to direct additional responses to the back of the booklet, using clear labels :D
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 06, 2016, 10:33:46 pm
Hi guys,

Am I able to continue writing on white space underneath an answer if I only have a little bit extra to write, or will this cut off when being scanned?

For larger answers where I know I will be writing more paragraphs I will make a note for the assessor to go to the back page, but when I have just a few extra lines is this allowed?

Thanks!

Nope - not scanned. Marked from the paper you write on. So, as long as it's neat and easy to read just keep going on the white space given to you on the page. Seriously, it's super-annoying to mark things where you have to keep flipping to the back and finding the rest of the answer, then flipping back to find the question you were doing, and sometimes there are literally TWO WORDS written at the back of the booklet....aaargh!!!!!! Yeah, but, like, obviously if you have another page to write you do it in the back. That's different :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 06, 2016, 10:38:26 pm
I asked my teacher this today. All of the exams are now scanned electronically, so if its outside of the lines then it the assessor won't see it. She said its best to just put your hand up and ask for an extra booklet and write in that or just write on the back page.


No - maybe they were confused with many exams having mark allocations entered electronically?? And it's really not that {edit} *easy* to write outside the scanned area, anyway, for those that are scanned, so you really don't have to worry too much. I mean, of course don't take risks unnecessarily! but the scanner takes in the whole page, not just the lines. I don't want to say that it's what will happen in the future because none of us knows until we see the actual paper, but have you seen those exams papers from the past with the guideline margin that tells you where the cut-off is? So it's really not a stress :)
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on October 08, 2016, 11:50:57 am
Does anyone know of any 'recent changes to the adversary system', It's a question in a prac exam. The only ones I can think of are changes to the Criminal Procedure Act 2009 and Civil Procedure Act 2010 - are these too old, and are there any more recent ones that could be used?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 08, 2016, 01:06:39 pm
Does anyone know of any 'recent changes to the adversary system', It's a question in a prac exam. The only ones I can think of are changes to the Criminal Procedure Act 2009 and Civil Procedure Act 2010 - are these too old, and are there any more recent ones that could be used?

Hey,

What year was this exam question asked? It may relate to the old study design, as the current one only requires possible reforms to the adversary system of trial.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 08, 2016, 02:57:06 pm
Hey,

What year was this exam question asked? It may relate to the old study design, as the current one only requires possible reforms to the adversary system of trial.

That's not from the old SD either. Most likely the writer just made a boo.
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on October 08, 2016, 03:19:48 pm
That's not from the old SD either. Most likely the writer just made a boo.


Thanks Megan, I think you're right. The practice exam was written this year by a popular company, but asks for both "recent and reccomended changes to the adversary system of trial". Maybe they meant "to the legal system"!. :)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on October 08, 2016, 03:32:49 pm
Heya. Could someone better than me please help?

There have been 44 referenda since Federation in 1901. Only 8 of these have been successful. Of these 8, how many have changed the division of power? Three, right? Went to a lecture today and the lecturer said in the notes that there were 4 but in class we were taught that there were only 3 (state debts, aboriginal affairs and social security)??? Is it three or four?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 08, 2016, 09:37:16 pm
Heya. Could someone better than me please help?

There have been 44 referenda since Federation in 1901. Only 8 of these have been successful. Of these 8, how many have changed the division of power? Three, right? Went to a lecture today and the lecturer said in the notes that there were 4 but in class we were taught that there were only 3 (state debts, aboriginal affairs and social security)??? Is it three or four?

It's two ;)

I say that, because it's really frigging hard to justify how the state debts referendums changed anything about the division of power. You can't say anything about specific or residual powers.

I think some of the bigger textbooks include state debts, but for my money choose one of the others.
Title: Re: VCE Legal Studies Question Thread
Post by: ncm123 on October 08, 2016, 10:47:02 pm
I have come across a bit of a weird 10 marker in a trial exam, it asks to "evaluate the way VCAT operates to resolve disputes AND in your response explain 2 roles performed by the VLRC". Does any one have any ideas on how to tie in VCAT and VLRC? :) Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 09, 2016, 10:34:51 pm
I have come across a bit of a weird 10 marker in a trial exam, it asks to "evaluate the way VCAT operates to resolve disputes AND in your response explain 2 roles performed by the VLRC". Does any one have any ideas on how to tie in VCAT and VLRC? :) Thanks!

Someone was asking me about that the other day!! I asked them if they were sure they remembered the wording correctly...

Yeah, I'm not sure how to make them link - unless there's a bit of the question missing. I feel like I'd probably just end up doing a VLRC section that wasn't really connected. Also a bit unusual asking for two roles of the VLRC, too - it tends to be phrased more as "the" role of the VLRC, in line with the SD wording. Oh well.
Title: Re: VCE Legal Studies Question Thread
Post by: Tham on October 11, 2016, 10:36:46 pm
Hi!
We got this question on our sac: "Outline the purpose of a civil remedy". Is this asking us to outline the purpose of civil remedies in general or one civil remedy or both?
Thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: KDB on October 11, 2016, 10:46:07 pm
Hi!
We got this question on our sac: "Outline the purpose of a civil remedy". Is this asking us to outline the purpose of civil remedies in general or one civil remedy? Thank you!

I think its asking for one civil remedy. If it was in general it'd be "outline the purpose of civil remedies". So in this case, you could just talk about the purpose of damages or injunctions.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on October 13, 2016, 11:37:40 pm
Hey all,

I was just curious to see how you guys/your teachers were interpreting this key knowledge point from the study design (U4 AOS2):
"Problems and difficulties faced by individuals in using the legal system."

I noticed there weren't any 'key skills' relevant to this point, so I was wondering exactly how one would go about learning this topic?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 14, 2016, 03:27:19 pm
Hey all,

I was just curious to see how you guys/your teachers were interpreting this key knowledge point from the study design (U4 AOS2):
"Problems and difficulties faced by individuals in using the legal system."

I noticed there weren't any 'key skills' relevant to this point, so I was wondering exactly how one would go about learning this topic?

Grab maybe three 'headline' problems (eg cost, complexity, etc) and find a range of specific examples of that being a problem, covering a range of content points from across Unit 4 (venues, methods, trial, pre-trial, etc). The just learn it :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 14, 2016, 03:28:28 pm
I think its asking for one civil remedy. If it was in general it'd be "outline the purpose of civil remedies". So in this case, you could just talk about the purpose of damages or injunctions.  :)

Yes, I agree; the article (in terms of grammar) is always important: a, the, some, etc.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 16, 2016, 05:45:29 pm
Does anyone know of any recent changes to technology (ie. the last year or two)? Or, is anyone aware of a good website where I can find recent changes relating to technology?

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: ccdes0001 on October 17, 2016, 04:30:58 pm
Australiaís approach to the constitutional protection of democratic and human rights is different from, and
not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New
Zealand and South Africa.
Compare Australiaís approach to the constitutional protection of democratic and human rights with the approach
adopted in one of the countries listed above. In your answer, evaluate how effective the Commonwealth of
Australiaís Constitution is in protecting democratic and human rights.


Can someone help me to structure an answer to this
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 17, 2016, 05:51:17 pm
Hey,

Does anyone know if we are required to evaluate the relationship between courts and parliament? For example, evaluating parliaments ability to codify precedents.

Thanks!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 19, 2016, 09:27:33 pm
Can someone please explain what is required for an 'analyse' question. I have been receiving conflicting information.

For example, in the question 'analyse the impact of one referenda on....,' am I just supposed to measure how significant their impact is and factors which may inhibit this impact?

I've heard that I need strengths and weaknesses for this task word.

Any advice would be GREATLY appreciated!!
Title: Re: VCE Legal Studies Question Thread
Post by: pughg16 on October 19, 2016, 09:52:37 pm
Can someone please explain what is required for an 'analyse' question. I have been receiving conflicting information.

For example, in the question 'analyse the impact of one referenda on....,' am I just supposed to measure how significant their impact is and factors which may inhibit this impact?

I've heard that I need strengths and weaknesses for this task word.

Any advice would be GREATLY appreciated!!

Hey Clarke!
According to the BOSTES definition, to analyse is to: 'Identify components and the relationship between them; draw out and relate implications'
For me, I probably would say to assess the significance, and say why it was as such, and then explain the interdependence/relationship between particular factors and why this is so.
Sorry that probably doesn't make much sense, but what you said is pretty right!
Perhaps for an question that is asking for you to analyse the effectiveness, which would require strengths and weaknesses, but probably not for an impact question I wouldn't think.
Hope that helps you a little! :D
Title: Re: VCE Legal Studies Question Thread
Post by: pughg16 on October 19, 2016, 09:55:52 pm
Whoop sorry!!!
I just realised that I was on a VCE thread by mistake!! :-[ ;)
I hope I helped u a little anyway ;D
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 20, 2016, 03:14:50 pm
Can someone please explain what is required for an 'analyse' question. I have been receiving conflicting information.

For example, in the question 'analyse the impact of one referenda on....,' am I just supposed to measure how significant their impact is and factors which may inhibit this impact?

I've heard that I need strengths and weaknesses for this task word.

Any advice would be GREATLY appreciated!!

'Analyse' just means the same as a basic evaluate or similar: have an opinion, and then look at a range of arguments in relation to that opinion. Generally these are, yes, strengths and weaknesses - but the wording of the question (like the one you gave) might point you more towards 'big impact versus small impact', or 'efficient versus inefficient', or 'better versus worse', or something like that. So keep the idea of 'arguments for and against' flexible based on the wording of the question. The basic task stays the same.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 20, 2016, 06:29:53 pm
'Analyse' just means the same as a basic evaluate or similar: have an opinion, and then look at a range of arguments in relation to that opinion. Generally these are, yes, strengths and weaknesses - but the wording of the question (like the one you gave) might point you more towards 'big impact versus small impact', or 'efficient versus inefficient', or 'better versus worse', or something like that. So keep the idea of 'arguments for and against' flexible based on the wording of the question. The basic task stays the same.

Thanks so much Megan!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Inamhkus on October 20, 2016, 08:40:30 pm
Hey can someone please help me answer this question from the 2012 exam

Discuss the ability of courts to change the law (6 marks)

Would you just go through strengths/weaknesses?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 21, 2016, 02:07:27 pm
Hey Inamhkus,

For a 'discuss' question, it is always a good idea to first state your opinion. This can just be a single sentence.

Yes, you would just be going through the strengths and weaknesses of their ability to do so.

This is another illustration of my point above. It's not asking you to discuss the desirability of their ability - which is what 'strengths and weaknesses of their ability' might signify to some people. That's why I suggest keeping the idea of 'arguments for and against' bigger than just strengths and weaknesses. If you discuss the ability, you're really discussing whether they *have* the ability, or to what extent; so, arguments can and can't make law.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 21, 2016, 02:20:40 pm
This is another illustration of my point above. It's not asking you to discuss the desirability of their ability - which is what 'strengths and weaknesses of their ability' might signify to some people. That's why I suggest keeping the idea of 'arguments for and against' bigger than just strengths and weaknesses. If you discuss the ability, you're really discussing whether they *have* the ability, or to what extent; so, arguments can and can't make law.

Apologies. Thank-you for clarifying this.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 21, 2016, 02:41:04 pm
Apologies. Thank-you for clarifying this.

No need to apologise!! And the advice about having an opinion was great. It's just a lot of questions can get a bit confusing if people define 'strengths and weaknesses' too narrowly in their minds :)
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on October 25, 2016, 09:43:30 pm
If a questions asks to explain "specific powers" using examples for 3 marks, when you explain concurrent powers do you also have to explain S109? Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 25, 2016, 10:10:02 pm
If a questions asks to explain "specific powers" using examples for 3 marks, when you explain concurrent powers do you also have to explain S109? Thanks!

I would always include a discussion of S109 when explaining concurrent powers. However, I may not be correct. I just believe it adds more substance and kind of ensures examiners can't take marks off for a lack of detail.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 26, 2016, 04:40:19 pm
Hey Everyone,

For this question:

'Problems associated with civil pre-trial procedures make it diffi cult for people to gain access to the law. These
problems have also contributed to the popularity of tribunals and alternative dispute resolution methods'

Discuss two problems affecting our system of civil pre-trial procedure which make it difficult for people to gain
access to the law. In your answer, indicate how tribunals and alternative methods of dispute resolution have
attempted to overcome these problems.



When it says 'discuss' two problems, is this an evaluative function? For this question, it doesn't feel like an evaluative function.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on October 26, 2016, 06:07:21 pm
Hey Everyone,

For this question:

'Problems associated with civil pre-trial procedures make it diffi cult for people to gain access to the law. These
problems have also contributed to the popularity of tribunals and alternative dispute resolution methods'

Discuss two problems affecting our system of civil pre-trial procedure which make it difficult for people to gain
access to the law. In your answer, indicate how tribunals and alternative methods of dispute resolution have
attempted to overcome these problems.



When it says 'discuss' two problems, is this an evaluative function? For this question, it doesn't feel like an evaluative function.

I would probably answer it like:
a) Non-evaluative discussion of the problems.
b) Evaluative discussion of how tribunals and ADR methods have attempted to overcome the problems.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 26, 2016, 06:16:45 pm
I would probably answer it like:
a) Non-evaluative discussion of the problems.
b) Evaluative discussion of how tribunals and ADR methods have attempted to overcome the problems.

Great, thanks Glasses!
Title: Re: VCE Legal Studies Question Thread
Post by: reards on October 26, 2016, 08:38:01 pm
In what other ways can the courts overcome parliament's limitations apart from statutory interpretation in regards to applying law to current day society?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 26, 2016, 08:44:19 pm
I would probably answer it like:
a) Non-evaluative discussion of the problems.
b) Evaluative discussion of how tribunals and ADR methods have attempted to overcome the problems.

Re b) -- But it only says "indicate how", not "discuss whether"...
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 26, 2016, 08:56:19 pm
Re b) -- But it only says "indicate how", not "discuss whether"...

So there's no need for any type of evaluation in this question?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on October 26, 2016, 09:04:28 pm
In what other ways can the courts overcome parliament's limitations apart from statutory interpretation in regards to applying law to current day society?

-Courts can make laws at any stage (unlike parliament that is limited to sitting days). However, courts must wait for a novel and relevant case to come before the court.

-Judges are appointed rather than elected and so aren't subject to the same political pressures as parliamentary members. This provides a degree of flexibility in law making. However, some judges may choose to be conservative in their approach to law-making.

-Courts are able to 'fill in the gaps of parliament,' being able to make laws ex post facto (I think this is what you mentioned with statutory interpretation). However, this may not always be possible if a judge is bound by a binding precedent and cannot distinguish the facts of the two cases. In this sense, freedom is limited.

You may be able to find more ideas on the VCAA past Legal Studies exams. But I think these points would be quite substantial if you fleshed them out.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on October 26, 2016, 09:10:56 pm
Re b) -- But it only says "indicate how", not "discuss whether"...

I stand corrected haha
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on October 26, 2016, 10:20:22 pm
“The need for legal representation is a key beneficial element of the adversarial system of trial.”
a. Give one reason why you agree with this statement.
It may be beneficial because it theoretically ensures that both parties’ cases are presented to the best possible standard as legal representatives should be familiar with the legal system and its strict rules of evidence and procedure. In so doing, it enhances the fairness which is an element of the adversarial system of trial.

b. Give one reason why you disagree with this statement.
Accessibility is an element of the adversarial system of trial. The need for legal representation detracts from accessibility as not all individuals can afford costly legal representation, thereby diminishing the accessibility of the legal system.

1 mark each.

And

Outline the role of the Senate.

The role of the Senate is to act as a house of review, preventing radical legislation that may upset the existing social order from being passed easily. However, its ability to function as this house of review will often determine largely on whether the Government holds the majority in this house; if they hold the majority here, then ‘rubber stamping’ will occur and there will be less scrutiny of incoming bills from the House of Representatives.

Another role of the Senate is to act as the States’ house, protecting the interests of the states and precluding larger states from using their size for their own gain. This is achieved by having a fixed number of Senators that is not at all determined by the size of the state. Today, however, the ability of the Senate to act as the States’ House is largely diminished by the fact that Parliamentarians vote along party lines, in the interests of their parties instead of those of their states.

[2 marks]

Would those answers be sufficient? Is it too verbose and rambly? Please, could someone give me feedback? My teacher says I have a bit of a tendency to veer off into tangents and churn out a whole bunch of unnecessary info so I'm beginning to be really conscious about the succinctness of my answers.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 27, 2016, 10:40:15 am
So there's no need for any type of evaluation in this question?

I'd have to check the Assessor's Report for that year to check her comments, but, based on the reading of it now, I probably wouldn't do any "both sides" evaluation, no. If I was in doubt, I might chuck in a few comments re the first part, because 'discuss' is more ambiguous.
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on October 29, 2016, 02:52:49 pm
What happens if there's a contradiction between common law and statute law? which one is able to override the other?

Thanks!

Also, in the study design what does it mean exactly by "The ability of judges and courts to make law" ????
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on October 29, 2016, 05:34:40 pm
What happens if there's a contradiction between common law and statute law? which one is able to override the other?

Thanks!

Also, in the study design what does it mean exactly by "The ability of judges and courts to make law" ????

Hi there! Statute law will override common law, as Parliament is the supreme law-making body; however it is important to note that Parliament cannot override High Court interpretations of the Constitution - so make sure you don't get confused by this.

"The ability of judges and courts to make law" is basically how law can be created in the courts. I.e. Whilst the courts' primary function is to resolve disputes, they are also able to create law, to some extent. They do this in two key ways:
1) By deciding on a case where there is no relevant statute or common law to apply; i.e. so they have to 'make' the law for the new situation - a good example is the Donoghue v. Stevenson Case.
2) By bringing the words in an Act of Parliament 'to life' through statutory interpretation. I.e. By determining the meaning behind statute law and how it is understood.

Hope that helps! :)
Title: Re: VCE Legal Studies Question Thread
Post by: jacquic on October 30, 2016, 06:54:58 pm
Hello...
Can someone pls help me on this question...off the 2014 exam
Discuss the extent to which the High Court can change the Commonwealth Constitution. (5 marks)
Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on October 30, 2016, 07:58:34 pm
Hello...
Can someone pls help me on this question...off the 2014 exam
Discuss the extent to which the High Court can change the Commonwealth Constitution. (5 marks)
Thanks

What exactly are you stuck on?

My answer for that Q:

Quote
To some extent, the High Court can change the Commonwealth Constitution.

They are unable to actually change the Constitution, rather, their role is to interpret and add meaning to the Constitution. A referenda is the only means by which the Constitution may actually be changed.

Moreover, their ability to change the Commonwealth Constitution is limited to circumstances when a case has been brought to them; they cannot, of their own volition, change their interpretation of the Constitution. The need for a party to be willing to bring a case to the High Court may undermine their ability to ‘change’ their interpretation of the Constitution.

The High Court is not obliged to uphold their previous interpretations of the Constitution; they are free to amend their interpretation of the Constitution and effectively ‘change’ it as new cases arise. In this way, the High Court is free to change its interpretation of the Constitution which it has done in several instances, such as the Roach case where the High Court interpreted the Constitution and concluded that there was no implied right to vote therein.

Hence, the High Court can change the Commonwealth Constitution only to some extent.

Title: Re: VCE Legal Studies Question Thread
Post by: ncm123 on November 01, 2016, 04:21:41 pm
With questions that ask for "recent changes or recommendations for change to enhance the effective operation of the legal system" are you allowed to use recommended changes to the jury system (e.g. reduce peremptory challenges) or to the adversarial system (e.g. increased use of written evidence). I don't have many recommended changes up my sleeve. Also, does anyone know of any good recent changes to use in the exam, all I have is the expansion of Koori Court into County Court and recent changes at VCAT in terms of fees (are these acceptable)? All the best for exams :)
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 01, 2016, 05:48:54 pm
With questions that ask for "recent changes or recommendations for change to enhance the effective operation of the legal system" are you allowed to use recommended changes to the jury system (e.g. reduce peremptory challenges) or to the adversarial system (e.g. increased use of written evidence). I don't have many recommended changes up my sleeve. Also, does anyone know of any good recent changes to use in the exam, all I have is the expansion of Koori Court into County Court and recent changes at VCAT in terms of fees (are these acceptable)? All the best for exams :)

Our teacher told us to stick away from the jury entirely when talking about this, personally i use

"One of the recent changes was to enhance the effective access of the legal system. Due to 43% of all county court
indictable offences being sexually related, legal aid made a unit called the Specialist sex offences unit also known as the
SSOU. Its job is to increase the fairness to individuals who have fallen victim too sexually related crimes so they have fair representation on trial. Further it free'd up legal aid for other users. this enhances the effective operation as more people can now use legal aid and be represented appropriately."

*2mark question 
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 01, 2016, 10:31:20 pm
Our teacher told us to stick away from the jury entirely when talking about this, personally i use

"One of the recent changes was to enhance the effective access of the legal system. Due to 43% of all county court
indictable offences being sexually related, legal aid made a unit called the Specialist sex offences unit also known as the
SSOU. Its job is to increase the fairness to individuals who have fallen victim too sexually related crimes so they have fair representation on trial. Further it free'd up legal aid for other users. this enhances the effective operation as more people can now use legal aid and be represented appropriately."

*2mark question

Hi - sorry, I just have a few concerns with this.

Firstly, it's unclear whether you're talking about a Legal Aid scheme, a County Court list, or the division of the DPP. You speak of people "falling victim to" sex crimes, but Legal Aid gives legal advice to defendants - and they're perpetrators, not victims. I'm aware of an 'SSOU', but that's a specialist division inside the DPP: the prosecution.

If the specialist prosecution is the thing you mean, I'm concerned it might be too narrow a change, but - more importantly - it's been around since 2007 so it's too old anyway.

Also, beware making bold statements such as legal aid being freed up for other people. Because money for schemes still comes out of the budget - unless there's a special extra funding or endowment. So it's using money, not freeing up money.
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 02, 2016, 04:00:32 am
Hi - sorry, I just have a few concerns with this.

Firstly, it's unclear whether you're talking about a Legal Aid scheme, a County Court list, or the division of the DPP. You speak of people "falling victim to" sex crimes, but Legal Aid gives legal advice to defendants - and they're perpetrators, not victims. I'm aware of an 'SSOU', but that's a specialist division inside the DPP: the prosecution.

If the specialist prosecution is the thing you mean, I'm concerned it might be too narrow a change, but - more importantly - it's been around since 2007 so it's too old anyway.

Also, beware making bold statements such as legal aid being freed up for other people. Because money for schemes still comes out of the budget - unless there's a special extra funding or endowment. So it's using money, not freeing up money.

Thanks for alerting me to this, it got 2/2 in sacs marked by 2 teachers who were both examiners from the legal exam so i assumed it wouldve been ok, ill have to check with them too get another recent change.

I think the argument is for it would be *not taking into account 2007 which makes reasoning it in vain haha

1. SSOU created/ through division of the OPP after sex victims were not getting fair representation
  with the aim to "prepare all indictable sexual offence prosecutions in the western region of Victoria." and "give greater support to witnesses and victims"
2. Now victims of sexual crimes can now get legal advice and help prosecuting their case
3. This then lowers the strain on legal aid as previously 43% of all county court indictable offence victims now do not use their service and allows perpetrators and victims of other crimes to have a greater chance of getting access to legal aid 
4. SSOU funded through the OPP
5. This allows more people to use their service(legal aid) as legal aid has the same funding with less people to help (330 million, $7.5/ capita)
6. Allows for effective access as people who could previously not use legal aid due to the high volumes of people now have access to these services.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 02, 2016, 02:57:17 pm
Thanks for alerting me to this, it got 2/2 in sacs marked by 2 teachers who were both examiners from the legal exam so i assumed it wouldve been ok, ill have to check with them too get another recent change.

I think the argument is for it would be *not taking into account 2007 which makes reasoning it in vain haha

1. SSOU created/ through division of the OPP after sex victims were not getting fair representation
  with the aim to "prepare all indictable sexual offence prosecutions in the western region of Victoria." and "give greater support to witnesses and victims"
2. Now victims of sexual crimes can now get legal advice and help prosecuting their case
3. This then lowers the strain on legal aid as previously 43% of all county court indictable offence victims now do not use their service and allows perpetrators and victims of other crimes to have a greater chance of getting access to legal aid 
4. SSOU funded through the OPP
5. This allows more people to use their service(legal aid) as legal aid has the same funding with less people to help (330 million, $7.5/ capita)
6. Allows for effective access as people who could previously not use legal aid due to the high volumes of people now have access to these services.

Honestly, I'm quite surprised they gave those marks.

Also, are those notes a transcription of the notes you were given? Because, again, they're confusing Legal Aid with the DPP, and also seem to be talking about victims as though they are the ones having to bring the criminal matter to prosecution. And my point about funding still remains - the funding for this is entirely separate from Legal Aid, and I don't see how the two are related.

But, at the end of the day, it's still too old.

Anyway, you don't need to ask them for new ones. Literally every Legal 3/4 textbook will have a whole range to choose from. You do need more than one, too.
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 02, 2016, 04:34:39 pm
Honestly, I'm quite surprised they gave those marks.

Also, are those notes a transcription of the notes you were given? Because, again, they're confusing Legal Aid with the DPP, and also seem to be talking about victims as though they are the ones having to bring the criminal matter to prosecution. And my point about funding still remains - the funding for this is entirely separate from Legal Aid, and I don't see how the two are related.

But, at the end of the day, it's still too old.

Anyway, you don't need to ask them for new ones. Literally every Legal 3/4 textbook will have a whole range to choose from. You do need more than one, too.

Ok thanks :), ye they were the notes essentially, i added in the statistics.

Any chance you could give light on if we need to know " a recommendation for the adversarial system that isn't already being used in the inquisitorial system."?
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 02, 2016, 09:09:46 pm
Hello, i need help with going about answering these two Questions based on Unit 3.

1) How can judges in a higher court avoid applying an existing precedent to a case before the court? (3 marks)

&

2) Identify three factors that may limit the capacity of the courts to develop new legal principles. (3 marks)


Thank you  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 02, 2016, 09:36:54 pm
Ok thanks :), ye they were the notes essentially, i added in the statistics.

Any chance you could give light on if we need to know " a recommendation for the adversarial system that isn't already being used in the inquisitorial system."?

The Study Design doesn't specify either way - it literally just says "possible reforms" - so I'd be quite surprised if the exam-setter interpreted the wording to include that. I mean, I have just as much input into the exam questions as you do, so I can't say definitively, but it would be weird if the wording of the SD was taken like that, I think.
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 02, 2016, 09:47:57 pm
The Study Design doesn't specify either way - it literally just says "possible reforms" - so I'd be quite surprised if the exam-setter interpreted the wording to include that. I mean, I have just as much input into the exam questions as you do, so I can't say definitively, but it would be weird if the wording of the SD was taken like that, I think.

Ok thanks :))

This is for anyone, due to their only being 12 questions on the exam this year, what is the likely implication? Will their be more evaluative questions with
higher mark allocation ?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 02, 2016, 09:48:50 pm
Hello, i need help with going about answering these two Questions based on Unit 3.

1) How can judges in a higher court avoid applying an existing precedent to a case before the court? (3 marks)

&

2) Identify three factors that may limit the capacity of the courts to develop new legal principles. (3 marks)


Thank you  :)

You should answer them in as much detail as you can and then ask for feedback :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 02, 2016, 09:50:30 pm
Ok thanks :))

This is for anyone, due to their only being 12 questions on the exam this year, what is the likely implication? Will their be more evaluative questions with
higher mark allocation ?

Nah, that's misleading because it doesn't include sub-questions! Yes, there could be only 12 questions... or there could be 50 (hyperbole) if you count all the sub-questions.
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 02, 2016, 09:59:18 pm
You should answer them in as much detail as you can and then ask for feedback :)

the issue is i don't really understand the questions in the first place or where to find the specific content :-\

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 02, 2016, 11:07:16 pm
the issue is i don't really understand the questions in the first place or where to find the specific content :-\

Then you need to practise that before the exam. I don't mean to be harsh with that - I mean that these aren't too different from many SAC and exam questions you've already seen or had in class, so someone here giving the answer to these won't help the base problem of being able to work through questions. I feel like both of the questions are worded in a fairly straightforward way, so you definitely can understand what they're asking. They also both have enough in them for you to go through each AOS and match that wording with the right AOS and content area. So then it's just identifying whether you understand that content - because, if you do, it should apply in a fairly straightforward way to the questions. If you understand the content, then it's just not slowing down and logically working out the question and needing to practise that; if you don't understand the content, then the priority is getting help to talk about that with someone who does understand it ASAP. Sorry - this is just the only approach that's actually going to make a difference on the exam, and there's not long to go.
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 02, 2016, 11:59:21 pm
Then you need to practise that before the exam. I don't mean to be harsh with that - I mean that these aren't too different from many SAC and exam questions you've already seen or had in class, so someone here giving the answer to these won't help the base problem of being able to work through questions. I feel like both of the questions are worded in a fairly straightforward way, so you definitely can understand what they're asking. They also both have enough in them for you to go through each AOS and match that wording with the right AOS and content area. So then it's just identifying whether you understand that content - because, if you do, it should apply in a fairly straightforward way to the questions. If you understand the content, then it's just not slowing down and logically working out the question and needing to practise that; if you don't understand the content, then the priority is getting help to talk about that with someone who does understand it ASAP. Sorry - this is just the only approach that's actually going to make a difference on the exam, and there's not long to go.

thanks for the response megan! you're not sounding harsh. i'm doing quite well with completing and understanding other exam/sac questions. These specific ones are the ones i just don't seem to get, and i'm guessing it's my lack of content knowledge in that specific area (or maybe i've missed it in my revision?) which is why i'm asking for someone elses answer. I also can't seem to find it within the textbook causing me to panic a-bit.. so i posted here because i believe it'll help me :) (mainly for the first question, the other one i have an idea of what to write after going through my notes)
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 03, 2016, 12:04:30 am
thanks for the response megan! you're not sounding harsh. i'm doing quite well with completing and understanding other exam/sac questions. These specific ones are the ones i just don't seem to get, and i'm guessing it's my lack of content knowledge in that specific area (or maybe i've missed it in my revision?) which is why i'm asking for someone elses answer. I also can't seem to find it within the textbook causing me to panic a-bit.. so i posted here because i believe it'll help me :) (mainly for the first question, the other one i have an idea of what to write after going through my notes)

I may be wrong but isn't first one about distinguishing/ disapproving/ reversing/ overruling  (RODD)
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 03, 2016, 07:08:00 am
I may be wrong but isn't first one about distinguishing/ disapproving/ reversing/ overruling  (RODD)

thank you! yeah i believe it's distinguishing/disapproving/overruling but not reversing

think i need to revise this area a bit more, but now the question makes sense. :)
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 03, 2016, 08:53:04 am
thank you! yeah i believe it's distinguishing/disapproving/overruling but not reversing

think i need to revise this area a bit more, but now the question makes sense. :)

All good :) Gl with exam prep
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 03, 2016, 10:19:37 am
Are we allowed to give extra information in brackets (like so) or is that something I should seek to avoid??
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 03, 2016, 01:13:25 pm
thank you! yeah i believe it's distinguishing/disapproving/overruling but not reversing

think i need to revise this area a bit more, but now the question makes sense. :)

For your 2nd question, its just a disguised strengths +weakness of court law making

Inflexibility = unjust decisions (rape in marriage case)
Courts are reactive must wait for cases
Court hierarchy means binding precedent and lower courts must follow
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 03, 2016, 01:30:03 pm
Are we allowed to give extra information in brackets (like so) or is that something I should seek to avoid??

If it adds substance to your response  then yes, assessors for example want for a high court case, the section of the consitiuton, the name in that section that allows them to govern (external affairs) and the act that was implemented and is being disputed and then the end result with the effect on the DOP

so for example if saying it is apart of section 51 doesn't fit well with the flow but you could add it in brackets then sure or saying something like their are 39 Heads of power which the government can govern within will contextualise your response better or prove further knowledge then again do it

Don't include it if your going on a tangent that adds nothing to the response (1-4 markers), due to 7-10 markers being globally marked having the brackets and proving further knowledge becomes more important if it doesn't fit within your response
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 03, 2016, 04:06:44 pm
thanks for the response megan! you're not sounding harsh. i'm doing quite well with completing and understanding other exam/sac questions. These specific ones are the ones i just don't seem to get, and i'm guessing it's my lack of content knowledge in that specific area (or maybe i've missed it in my revision?) which is why i'm asking for someone elses answer. I also can't seem to find it within the textbook causing me to panic a-bit.. so i posted here because i believe it'll help me :) (mainly for the first question, the other one i have an idea of what to write after going through my notes)

Okay, good :) Yep, and it's that panic that will do it to you every time. The key is telling yourself that you have the problem-solving skills you need to work it out - that can help put that emotional wall back in its place: you know what the task word means, you know if the question asks you for a certain number of something, and you can work out which AOS and topic it's focusing on by looking at the keywords. Having content you don't understand can derail that process a bit, but that's what's good to identify now while there's still time :)

So, yes, I think we've all worked out that precedent and courts making law is a good area to brush up on next!
Title: Re: VCE Legal Studies Question Thread
Post by: Olivia Shamoon on November 03, 2016, 06:36:34 pm
What can you do to get a solid 40+ in Legal?

I'm so nervous for my exam, as I'm doing legal as a year 11 subject and i really want to do well.

All my marks this year have been above 90, but I'm so nervous for the exam. How hard can i expect it to be?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: Igotabooboo on November 03, 2016, 10:10:35 pm
If it comes up, is manslaughter heard in the county or supreme court? The County Court site says that in practice, some manslaughter cases are heard there. But what if there is a "what court would this be first trialed in?"

Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: HasibA on November 03, 2016, 10:28:03 pm
What can you do to get a solid 40+ in Legal?

I'm so nervous for my exam, as I'm doing legal as a year 11 subject and i really want to do well.

All my marks this year have been above 90, but I'm so nervous for the exam. How hard can i expect it to be?

Thanks :)
it will be ridiculously similar to practice exams and sac. chill out, go into a mode of zen with little to no stress, and frankly, stop caring so much: i firmly believe this allows you to avoid the simple mistakes students make in an exam scenario, giving you the score you desire/deserve :) gl
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 04, 2016, 07:00:38 am
If it comes up, is manslaughter heard in the county or supreme court? The County Court site says that in practice, some manslaughter cases are heard there. But what if there is a "what court would this be first trialed in?"

Thanks

SC TD
Title: Re: VCE Legal Studies Question Thread
Post by: EdwinJS on November 04, 2016, 07:39:21 am
Missed Any?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 04, 2016, 10:20:15 am
If it comes up, is manslaughter heard in the county or supreme court? The County Court site says that in practice, some manslaughter cases are heard there. But what if there is a "what court would this be first trialed in?"

Thanks

I'd probably go with the County Court. Often it's the Supreme Court, but I believe that's usually because manslaughter is often there an alternative offered to juries hearing murder trials. The County can't hear murder, so if murder is on the ticket it has to go to the Supreme. If it's a straight manslaughter, though, that would be within the CC jurisdiction.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 04, 2016, 06:41:18 pm
Is there like an official definition of overruling/reversing/disapproving/distinguishing? Will we ever be like asked to explain these terms? My textbook's definitions are a cyclical and don't really feel like the sorts of things examiners would accept.

Textbook definitions:

- Reversing is where a judge or judges hearing a case on appeal fr a lower court in the hierarchy can reverse the decision made in that court.

- The High Court is not bound by its own decisions and so can overrule one of its previous decisions if it believes that decision was not sound in law -- Overruling.

- Disapproving is where a judge disapproves an earlier decision made in the same court.

- Distinguishing is where judges distinguish the case before them from previous cases.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 04, 2016, 06:50:43 pm
Is there like an official definition of overruling/reversing/disapproving/distinguishing? Will we ever be like asked to explain these terms? My textbook's definitions are a cyclical and don't really feel like the sorts of things examiners would accept.

Textbook definitions:

- Reversing is where a judge or judges hearing a case on appeal fr a lower court in the hierarchy can reverse the decision made in that court.

- The High Court is not bound by its own decisions and so can overrule one of its previous decisions if it believes that decision was not sound in law -- Overruling.

- Disapproving is where a judge disapproves an earlier decision made in the same court.

- Distinguishing is where judges distinguish the case before them from previous cases.

I'm really surprised those are textbook definitions! You're right that you can't explain a word using the same word. Also, there's a huge amount of detail missing, and some are incorrect because they're defined too narrowly - eg, courts at other levels can also disapprove; it's not limited to the same level courts.

Yes, you can absolutely be asked to define or explain one or more. Or you could have a question where it makes sense to bring one or more into your overall answer. Regardless of whether they're the subject of a 'define' question, though, they're an important part of the bigger picture of precedent so I'd revise them now.
Title: Re: VCE Legal Studies Question Thread
Post by: Olivia Shamoon on November 04, 2016, 07:07:25 pm
When answering a question in the legal exam, is it good to link our question to the elements of an effective legal system where necessary?

Or do we need to be specifically asked about them to include them in our answers?

Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 04, 2016, 08:52:37 pm
I'm really surprised those are textbook definitions! You're right that you can't explain a word using the same word. Also, there's a huge amount of detail missing, and some are incorrect because they're defined too narrowly - eg, courts at other levels can also disapprove; it's not limited to the same level courts.

Whoa I'm relieved I read this, seeing those definitions really confused me haha

Out of curiosity, what textbook are they from?
Title: Re: VCE Legal Studies Question Thread
Post by: Igotabooboo on November 04, 2016, 11:33:55 pm
I'd probably go with the County Court. Often it's the Supreme Court, but I believe that's usually because manslaughter is often there an alternative offered to juries hearing murder trials. The County can't hear murder, so if murder is on the ticket it has to go to the Supreme. If it's a straight manslaughter, though, that would be within the CC jurisdiction.

Thanks for the response! Can you please elaborate a bit on what you mean by manslaughter often being heard in the supreme court as an alternative to murder trials? Are jurors able to remove themselves from jury service in a murder dispute, and there are jurors remaining or something similar?

Title: Re: VCE Legal Studies Question Thread
Post by: reards on November 05, 2016, 06:26:49 am
I know how VCAT meets its objectives of being cost-effective, accessible, informal and specialised but how does it not meet these objectives? All textbooks I check didn't really have much evidence on the cons of the objectives but I thought it would be good to add it if I got a longer question about VCAT. So does anyone know how it does not meet these objective and/or specific evidence of this? Thank you
Title: Re: VCE Legal Studies Question Thread
Post by: EdwinJS on November 05, 2016, 06:55:44 am
I know how VCAT meets its objectives of being cost-effective, accessible, informal and specialised but how does it not meet these objectives? All textbooks I check didn't really have much evidence on the cons of the objectives but I thought it would be good to add it if I got a longer question about VCAT. So does anyone know how it does not meet these objective and/or specific evidence of this? Thank you

Not sure if I understood the question correctly but,

VCAT was established in 1998 as a body to resolve civil disputes in a more cost-effective, informal and timely manner. VCAT fees begin at $37 whereas the court fees can be quite extensive depending on the duration of the case and the complexity. Strict rules of evidence and procedure are solid within the courts; however, due to the absence of these rules of evidence and procedure VCAT is more informal. Hearings are conducted across the state, at various locations, this is unlike the courts. Having more locations for VCAT hearings increases VCAT's accessibility as they are physically closer to the public. The court process can become very time-consuming, depending on the complexity of the case, some civil cases can go on for years; however, with VCAT most cases are heard within 2 weeks and solved within 1 day. Both the courts and VCAT are bodies that individuals can use to resolve civil disputes, VCAT is more cost-effective, informal and quick.

These specific details are from a summary textbook, did you want more detail because I don't think we'd ever need to go in more detail, do we?

[EDIT] Just understood it was the negatives, whoops!  :P

Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 05, 2016, 07:04:53 am
I know how VCAT meets its objectives of being cost-effective, accessible, informal and specialised but how does it not meet these objectives? All textbooks I check didn't really have much evidence on the cons of the objectives but I thought it would be good to add it if I got a longer question about VCAT. So does anyone know how it does not meet these objective and/or specific evidence of this? Thank you

1. While although VCAT is cost effective  and built its premise on not having much lawyer activity, recently there has been increased amount of lawyers being used and hence the cost associated with using VCAT have increased
2. Mediation and Conciliation are not binding and may result in lost time
3. The cases may still end up going to court.
Title: Re: VCE Legal Studies Question Thread
Post by: EdwinJS on November 05, 2016, 07:05:07 am
I disagree with saying that the cc will hear manslaughter generally
the Victorian law foundation states "On Occasion manslaughter, are heard in the County Court." This means that its not the majority
of manslaughter cases which are heard in the cc its Some. Where as the SCTD hears ALL indictable offences and specialises in the most serious. If a general question come up that ks where is this case, id state SCTD to be safe and possibly state however in rare instances they can be heard in the CC if defendant pleads Guilty and there is no haze around the case. Also note the SC website states "The Criminal Division of the Supreme Court of Victoria hears trials, pleas and applications in serious criminal matters such as murder, manslaughter, attempted murder, treason as well as fraud, sexual offences and major drug trafficking offences.  "

You have to think though that when a case starts often whether is a murder or manslaughter case is in debate, for example if you kill someone by driving prosecution often want murder and defence want to prove their was no malicious intent. Hence this debate keeps it in the supreme court. It also depends on the status of the crime, if its a clear cut manslaughter done and dusted then it will likely go to the cc but how often is a manslaughter case done and dusted the whole premise of a manslaughter case is built upon someone being killed and establishing whether they had intent or not and thats not easy to prove.

Manslaughter (according to Google) -The crime of killing a human being without malice aforethought, or in circumstances not amounting to murder.

This tells us that whilst manslaughter is the murder of another individual it was found to be not implied and/or intentional. This leads us to believe that it is not a serious assault; that is, not as serious as plain murder.

My textbook states that Manslaughter is heard in the County Court and also Supreme Court Trial Division. Because the Victorian Law foundation  states "on occasion" I think it will depend on the case, so if an individual was in a car crash and if someone was inches away from the accident but unfortunately still got a heart attack and died (long shot, i know) then I assume it would be heard in the county court because the extent of the murder was very low; however, if someone was murdered in a drunk driving case and the deceased was crashed into (actually drove into) then it'd definitely be supreme trial. Mark me if I sound wrong but depending on and if VCAA gives us a case study, examining the specifics of the case make the decision of "which court" a bit easier, does it not?

Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 05, 2016, 07:12:21 am
Manslaughter (according to Google) -The crime of killing a human being without malice aforethought, or in circumstances not amounting to murder.

This tells us that whilst manslaughter is the murder of another individual it was found to be not implied and/or intentional. This leads us to believe that it is not a serious assault; that is, not as serious as plain murder.

My textbook states that Manslaughter is heard in the County Court and also Supreme Court Trial Division. Because the Victorian Law foundation  states "on occasion" I think it will depend on the case, so if an individual was in a car crash and if someone was inches away from the accident but unfortunately still got a heart attack and died (long shot, i know) then I assume it would be heard in the county court because the extent of the murder was very low; however, if someone was murdered in a drunk driving case and the deceased was crashed into (actually drove into) then it'd definitely be supreme trial. Mark me if I sound wrong but depending on and if VCAA gives us a case study, examining the specifics of the case make the decision of "which court" a bit easier, does it not?
Ye exactly, its case specific, if its guaranteed that its Manslaughter and not murder, it will go too the CC for trial, if its in debate whether its manslaughter or murder then it will go too the SCTD. Like i mentioned above, often the crown wants murder and the defence wants manslaughter and often these cases do end up becoming manslaughter.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 05, 2016, 07:41:43 am
I'm really surprised those are textbook definitions! You're right that you can't explain a word using the same word. Also, there's a huge amount of detail missing, and some are incorrect because they're defined too narrowly - eg, courts at other levels can also disapprove; it's not limited to the same level courts.

Yes, you can absolutely be asked to define or explain one or more. Or you could have a question where it makes sense to bring one or more into your overall answer. Regardless of whether they're the subject of a 'define' question, though, they're an important part of the bigger picture of precedent so I'd revise them now.

Thanks meganrobyn!! I'm so glad you pointed out the narrowness of the definitions because tbh I didn't know that I'd been understanding RODD wrong!! (I'm sooooo glad that I picked up that mistake before the exam...).

Would these definitions work better?

Quote
Reversing occurs when a judge or judges are hearing a case on appeal from a lower court and on reviewing the case overturn the previous decision made in that court.

Overruling a previous decision occurs when a superior court decides not to follow a decision previously made in a lower court.

Distinguishing a case is where a court decides not to apply an existing precedent to the case before it because it is satisfied that the material facts of the current case are different from the material facts of the case from which the precedent is derived.

Disapproving occurs when a lower court or a court at the same level follows a precedent it does not like but the judge makes clear that although they are compelled to adhere to the precedent they do not like it.
Title: Re: VCE Legal Studies Question Thread
Post by: EdwinJS on November 05, 2016, 07:49:57 am
Any acronyms for Pre-trial civil?
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 05, 2016, 10:06:28 am
Quote
Disapproving occurs when a lower court or a court at the same level follows a precedent it does not like but the judge makes clear that although they are compelled to adhere to the precedent they do not like it

I think instead of the words 'do not like', they 'do not agree' would be better suited. (also some mention of obiter dictum)

so, a more detailed definition:

"Disapproving occurs when a lower court or a court at the same level follows a precedent (either they're bound by it, or following it for the sake of consistency) but the judge makes clear in obiter dictum that although they're compelled to follow the precedent they do not agree with it. If a court on the same level engages in disapproval, a new precedent is established and a higher court will determine which of the two precedent stands."
Title: Re: VCE Legal Studies Question Thread
Post by: Igotabooboo on November 05, 2016, 10:42:15 am
Ye exactly, its case specific, if its guaranteed that its Manslaughter and not murder, it will go too the CC for trial, if its in debate whether its manslaughter or murder then it will go too the SCTD. Like i mentioned above, often the crown wants murder and the defence wants manslaughter and often these cases do end up becoming manslaughter.

Thanks! This makes a lot of sense now. I never thought about it in that way
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 05, 2016, 08:10:36 pm
I think instead of the words 'do not like', they 'do not agree' would be better suited. (also some mention of obiter dictum)

so, a more detailed definition:

"Disapproving occurs when a lower court or a court at the same level follows a precedent (either they're bound by it, or following it for the sake of consistency) but the judge makes clear in obiter dictum that although they're compelled to follow the precedent they do not agree with it. If a court on the same level engages in disapproval, a new precedent is established and a higher court will determine which of the two precedent stands."

I think that's an awesome explanation!

When answering a question in the legal exam, is it good to link our question to the elements of an effective legal system where necessary?

Or do we need to be specifically asked about them to include them in our answers?

You only need to do what's asked for in the question. So I'd be looking for references to 'effectiveness'.

1. While although VCAT is cost effective  and built its premise on not having much lawyer activity, recently there has been increased amount of lawyers being used and hence the cost associated with using VCAT have increased
2. Mediation and Conciliation are not binding and may result in lost time
3. The cases may still end up going to court.

Careful with your second and third points. Med and con *are* binding if conducted through VCAT, because the agreements will be made into the binding order; if not, the dispute will go to a hearing as scheduled unless the complainant withdraws their complaint. Also, if it's in VCAT jurisdiction it generally won't be a matter heard in court, so cases don't hop from one to the other.

But the the first point is good, along with the recent fee hikes. Also, hearings can still be quite adversarial, and some lists are operating on decent waiting lists and delays.

Not sure if I understood the question correctly but,

VCAT was established in 1998 as a body to resolve civil disputes in a more cost-effective, informal and timely manner. VCAT fees begin at $37 whereas the court fees can be quite extensive depending on the duration of the case and the complexity. Strict rules of evidence and procedure are solid within the courts; however, due to the absence of these rules of evidence and procedure VCAT is more informal. Hearings are conducted across the state, at various locations, this is unlike the courts. Having more locations for VCAT hearings increases VCAT's accessibility as they are physically closer to the public. The court process can become very time-consuming, depending on the complexity of the case, some civil cases can go on for years; however, with VCAT most cases are heard within 2 weeks and solved within 1 day. Both the courts and VCAT are bodies that individuals can use to resolve civil disputes, VCAT is more cost-effective, informal and quick.

These specific details are from a summary textbook, did you want more detail because I don't think we'd ever need to go in more detail, do we?

[EDIT] Just understood it was the negatives, whoops!  :P

Haha, the lowest fee is up to $61.50 now, though ;)

Thanks meganrobyn!! I'm so glad you pointed out the narrowness of the definitions because tbh I didn't know that I'd been understanding RODD wrong!! (I'm sooooo glad that I picked up that mistake before the exam...).

Would these definitions work better?

I like those! But EdwinJS has an even better 'disapproving' explanation after your post, imo ;)

Mod edit: Merged posts. (melting meithy)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 06, 2016, 10:05:36 am
Thanks meganrobyn!!

Also for the question:

Quote
In a recent decision the Vic Supreme Court (TD) established a new precedent. Outline the original jurisdiction of the Vic Supreme Court (TD). - 2011 VCAA, 2 marks

My answer is:

Under the Victorian Supreme Court (Trial Division)’s original criminal jurisdiction, it can hear cases dealing with serious indictable offences, such as murder and murder-related offences. Its original civil jurisdiction is unlimited though it will typically deal with cases dealing with damages of $200,000 and above.

Am I using the terms in the right context? Like is it under its crim original jurisdiction?? ? Also would by answer be enough for 2 marks or do I need more detail??
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2016, 10:28:57 am
My answer is:

Under the Victorian Supreme Court (Trial Division)’s original criminal jurisdiction, it can hear cases dealing with serious indictable offences, such as murder and murder-related offences. Its original civil jurisdiction is unlimited though it will typically deal with cases dealing with damages of $200,000 and above.

Am I using the terms in the right context? Like is it under its crim original jurisdiction?? ? Also would by answer be enough for 2 marks or do I need more detail??

I think I use either the preposition 'under' or maybe 'in' - but I think worrying about prepositions is going above and beyond! ;)

More importantly, I feel like you're forgetting it's a strictly criteria content question on the wording. Check the Assessor's Report, but I'm pretty sure the marks would be allocated only to getting the jurisdiction right - no elaboration or detail or discussion or anything. So don't repeat the question at the start of the first sentence: waste of time. Also, I'd personally say "the most serious" indictable offences; and, I would NOT say 'above $200,000' or anything along those lines because amount of damages is not how jurisdiction is decided. It's complexity of the case: either complex facts or law, or a question of precedent. Basically, something the CC can't do, or can't do as well.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 06, 2016, 10:39:40 am
I think I use either the preposition 'under' or maybe 'in' - but I think worrying about prepositions is going above and beyond! ;)

More importantly, I feel like you're forgetting it's a strictly criteria content question on the wording. Check the Assessor's Report, but I'm pretty sure the marks would be allocated only to getting the jurisdiction right - no elaboration or detail or discussion or anything. So don't repeat the question at the start of the first sentence: waste of time. Also, I'd personally say "the most serious" indictable offences; and, I would NOT say 'above $200,000' or anything along those lines because amount of damages is not how jurisdiction is decided. It's complexity of the case: either complex facts or law, or a question of precedent. Basically, something the CC can't do, or can't do as well.

So we just never mention amounts?? Is that the same for if they ask for the CC's orig civil jurisdiction? (i.e. we don't say that it's generally between $100,000 - $200,000)??

Would this be a better answer?

Quote
It can hear cases dealing with most serious indictable offences, such as murder and murder-related offences. Its original civil jurisdiction is unlimited though it will typically deal with more complex cases than the cases dealt with in the Civil Court.
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 06, 2016, 05:17:58 pm
Is it vital to know for the exam how to evaluate criminal/civil pre-trial procedures when talking about an effective legal system?
Title: Re: VCE Legal Studies Question Thread
Post by: Elleeen on November 06, 2016, 05:47:56 pm
Was wondering if anyone can clarify that this is suitable information for "problems and difficulties faced by individuals" and " recent changes and recommendation" that would overcome these (in order to make the system more effective).

I've only learned 2 problems, and one recent change and recommendation relating to each, so I'd also like to know if this is enough?

Problem: financial inequities impacting on access to the legal system
Recent change: compulsory mediation in the Supreme Court civil pre-trial proceedings.
Recommendation: Abolishing juries to reduce the cost, as well as to reduce the time taken to reach a verdict which also impacts on $$.

Problem: Delays in the legal system impacting the timely resolution of disputes.
Recent change: Increased use of ADR in the courts (such as through the establishment of court: magistrate/judge-led mediation) reduces the time it takes for disputes to be resolved, opening up more court time for other cases.
Recommendation: Extending court hours.

Of course I have these in much more in detail and with evaluations, but I'm just wondering if these are valid?
Title: Re: VCE Legal Studies Question Thread
Post by: reards on November 06, 2016, 07:23:59 pm
Was wondering if anyone can clarify that this is suitable information for "problems and difficulties faced by individuals" and " recent changes and recommendation" that would overcome these (in order to make the system more effective).

I've only learned 2 problems, and one recent change and recommendation relating to each, so I'd also like to know if this is enough?

Problem: financial inequities impacting on access to the legal system
Recent change: compulsory mediation in the Supreme Court civil pre-trial proceedings.
Recommendation: Abolishing juries to reduce the cost, as well as to reduce the time taken to reach a verdict which also impacts on $$.

Problem: Delays in the legal system impacting the timely resolution of disputes.
Recent change: Increased use of ADR in the courts (such as through the establishment of court: magistrate/judge-led mediation) reduces the time it takes for disputes to be resolved, opening up more court time for other cases.
Recommendation: Extending court hours.

Of course I have these in much more in detail and with evaluations, but I'm just wondering if these are valid?


These two are good, it wouldn't hurt doing a recent change and recommendation to enhance a fair and unbiased hearing because I believe they can ask you that specifically (correct me if I am wrong)
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 06, 2016, 07:33:16 pm
Is it vital to know for the exam how to evaluate criminal/civil pre-trial procedures when talking about an effective legal system?
There was an 8 marker on this in 2014 so id say definitely, usually link it to VCAT
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2016, 07:52:00 pm
So we just never mention amounts?? Is that the same for if they ask for the CC's orig civil jurisdiction? (i.e. we don't say that it's generally between $100,000 - $200,000)??

Would this be a better answer?

The Chief Assessor has said literally every time it's been on the exam that the amounts are incorrect. So, yeah, don't write them. (I mean, except for the Mag's: the legislation says $100k)

Was wondering if anyone can clarify that this is suitable information for "problems and difficulties faced by individuals" and " recent changes and recommendation" that would overcome these (in order to make the system more effective).

I've only learned 2 problems, and one recent change and recommendation relating to each, so I'd also like to know if this is enough?

Problem: financial inequities impacting on access to the legal system
Recent change: compulsory mediation in the Supreme Court civil pre-trial proceedings.
Recommendation: Abolishing juries to reduce the cost, as well as to reduce the time taken to reach a verdict which also impacts on $$.

Problem: Delays in the legal system impacting the timely resolution of disputes.
Recent change: Increased use of ADR in the courts (such as through the establishment of court: magistrate/judge-led mediation) reduces the time it takes for disputes to be resolved, opening up more court time for other cases.
Recommendation: Extending court hours.

Of course I have these in much more in detail and with evaluations, but I'm just wondering if these are valid?

I think your first recent reform is too old. Compulsory mediation in the SC has been around longer than 2010 (unless I'm wrong and you know the date of the practice rule or legislation...?).

Your second recent reform is also too old and too vague.

I'd grab a textbook and brush up on a few replacements. Also, to be safe, I'd personally have more than two - even just three is safer.
Title: Re: VCE Legal Studies Question Thread
Post by: Elleeen on November 07, 2016, 10:04:27 am
The Chief Assessor has said literally every time it's been on the exam that the amounts are incorrect. So, yeah, don't write them. (I mean, except for the Mag's: the legislation says $100k)

I think your first recent reform is too old. Compulsory mediation in the SC has been around longer than 2010 (unless I'm wrong and you know the date of the practice rule or legislation...?).

Your second recent reform is also too old and too vague.

I'd grab a textbook and brush up on a few replacements. Also, to be safe, I'd personally have more than two - even just three is safer.

Yeah that's exactly why I was concerned -- both changes I think are from 2009 or 2010. Thankfully I did start to learn some newer ones yesterday.

I'll definitely take you on that advice, so thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: EdwinJS on November 07, 2016, 10:36:46 am
I think your first recent reform is too old. Compulsory mediation in the SC has been around longer than 2010 (unless I'm wrong and you know the date of the practice rule or legislation...?).

Your second recent reform is also too old and too vague.

I'd grab a textbook and brush up on a few replacements. Also, to be safe, I'd personally have more than two - even just three is safer.

Being Devil's advocate here, VCAA has never stated what 'recent' is, I know 5 years some about right and they do expect the students to be up to date with live knowledge but they can't necessarily mark you down for having an old case.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 07, 2016, 12:55:26 pm
Being Devil's advocate here, VCAA has never stated what 'recent' is, I know 5 years some about right and they do expect the students to be up to date with live knowledge but they can't necessarily mark you down for having an old case.

I think they would mark you down for having an example that they don't find "recent." It might depend on which examiner you get, but I'd say that you might struggle to get full marks with an example that isn't "recent" as such.
Megan is a VCAA examiner (and lecturer/author/previous lawyer/heaps of other cool stuff), so I'd take her word as Gospel haha.
Title: Re: VCE Legal Studies Question Thread
Post by: EdwinJS on November 07, 2016, 01:42:50 pm
I think they would mark you down for having an example that they don't find "recent." It might depend on which examiner you get, but I'd say that you might struggle to get full marks with an example that isn't "recent" as such.
Megan is a VCAA examiner (and lecturer/author/previous lawyer/heaps of other cool stuff), so I'd take her word as Gospel haha.

So are cases like Brislan and the Tasmanian Dam Case considered not recent? If so, what examples can be used for High Court interpretation instead?
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 07, 2016, 03:44:49 pm
Being Devil's advocate here, VCAA has never stated what 'recent' is, I know 5 years some about right and they do expect the students to be up to date with live knowledge but they can't necessarily mark you down for having an old case.

Quote
While the term ‘recent’ is not defined in the study design, students are expected to keep up-to-date with recent changes to the legal system and should be familiar with changes that have taken place in the last few years.  - VCAA, 2014

Suggests that they do in fact care to some extent and who knows, 2016 could be the year that they decide they really care sooooo...
Title: Re: VCE Legal Studies Question Thread
Post by: upandgo on November 07, 2016, 05:12:01 pm
hi everyone, which court would hear treason at first instance? i believed it was the supreme court, due to it being a serious matter, but the textbook said it was the high court... any clarification would be appreciated  :)
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 07, 2016, 05:16:54 pm
hi everyone, which court would hear treason at first instance? i believed it was the supreme court, due to it being a serious matter, but the textbook said it was the high court... any clarification would be appreciated  :)

I'd personally say high court, generally cos Supreme Court tends to deal with Vic matters and treason's generally more of a Australian/national thing?? <-- What I think anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on November 07, 2016, 05:22:44 pm
I'd personally say high court, generally cos Supreme Court tends to deal with Vic matters and treason's generally more of a Australian/national thing?? <-- What I think anyway.

If I understand correctly, the HC does not have any original crimminal jurisdiction. Treason is within the jurisdiction of the Supreme Court (TD) but not the County Court, so most likely the Supreme Court, or perhaps in some Federal instances the Federal Court.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 07, 2016, 09:37:59 pm
So are cases like Brislan and the Tasmanian Dam Case considered not recent? If so, what examples can be used for High Court interpretation instead?

No they're fine! I was referring to recent changes in the legal system (as part of Unit 4 AOS 2). - Not the case studies.
Title: Re: VCE Legal Studies Question Thread
Post by: Beamer on November 08, 2016, 05:46:36 am
If I understand correctly, the HC does not have any original crimminal jurisdiction. Treason is within the jurisdiction of the Supreme Court (TD) but not the County Court, so most likely the Supreme Court, or perhaps in some Federal instances the Federal Court.
Most instances of treason (as a general crime, e.g. in other countries, since its a very rare charge here) are usually considered crimes against a nation, I believe. So it's more than likely that if someone were to be tried for treason in Australia it would be heard in the Federal Court, since treason against an individual state rather than against Australia as a nation would be difficult to define. If somehow somebody were to be found carrying out activities that only affect an individual state then I guess it would be heard in the Supreme Court (in the case of Victoria).

I highly doubt you would be expected to, let alone be required to put that much thought into a hypothetical scenario explaining the courts' jurisdictions in a VCE Legal Studies exam. You'll probably be safe by just stating that the Supreme Court does have the jurisdiction to hear instances of treason and leave it at that.
Title: Re: VCE Legal Studies Question Thread
Post by: Dem16 on November 08, 2016, 11:54:07 am
How would you respond if you were asked to evaluate the principles of government??
Title: Re: VCE Legal Studies Question Thread
Post by: KDB on November 08, 2016, 12:00:45 pm
How would you respond if you were asked to evaluate the principles of government??

Can they even ask that? Are there even weaknesses of having a representative government or responsible government?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 08, 2016, 12:59:33 pm
Technically speaking I think they can ask something like that - although I think it would definitely be a curveball if they did.

With regards to representative government I guess a weakness could be something along the lines of political influence influencing Parliament and MPs being scared to pass controversial but necessary laws out of fear of being voted out of office.

With responsible government, it's a bit more tricky - but you could similarly argue that due to public scrutiny, MPs can be reluctant to pass controversial but necessary laws. You might also be able to suggest that public scrutiny makes it more difficult for Parliament to 'get things done', and that things like question time take time away from the law-making function of Parliament.

Regarding the separation of powers, you could argue that since there is some crossover, there could be a conflict of interest.

Like I said, it would surely trip a lot of people up, but fingers crossed they don't ask it!
Title: Re: VCE Legal Studies Question Thread
Post by: Dem16 on November 08, 2016, 01:32:49 pm
Thanks, thats very helpful!
Also....should we know all the types of damages in detail?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 08, 2016, 02:05:54 pm
Thanks, thats very helpful!
Also....should we know all the types of damages in detail?

I'm doubtful they would ask a question directly asking for an explanation of the different types of damages - but it would probably be worth having some idea of them generally (but I wouldn't stress about heaps of detail). Your focus should be on 'purpose' :)
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 08, 2016, 03:32:51 pm
if there was a 10 marker on an evaluation of the way australia/country-of-choice protect rights, would this be a good structure of how to set it out?

a) introduction of both countries and rights in general terms
-
b) differences and similarities in actual rights protected (e.g Express rights in Australia, Civil/Political rights in USA) and the extent of them
-
c) the comparison of actual approaches to how rights are protected (Bill of Rights, How the Consititution can change and be enforced etc) & then;
-
d) an overall conclusion of which country provides better protection and summary of reasons why

? ? ? ? ?

Title: Re: VCE Legal Studies Question Thread
Post by: Beamer on November 08, 2016, 04:13:28 pm
if there was a 10 marker on an evaluation of the way australia/country-of-choice protect rights, would this be a good structure of how to set it out?

a) introduction of both countries and rights in general terms
-
b) differences and similarities in actual rights protected (e.g Express rights in Australia, Civil/Political rights in USA) and the extent of them
-
c) the comparison of actual approaches to how rights are protected (Bill of Rights, How the Consititution can change and be enforced etc) & then;
-
d) an overall conclusion of which country provides better protection and summary of reasons why

? ? ? ? ?
Decent structure. From what I've seen most of these questions ask specifically about each country's approach to the protection of rights, so you'll want to focus a lot on your part C.
Title: Re: VCE Legal Studies Question Thread
Post by: powergab on November 08, 2016, 04:13:55 pm
Hi!

I was just wondering what time plan I should go through in the legal exam? Like how much time should I have left once I get to the 8 and 10 mark questions?
Title: Re: VCE Legal Studies Question Thread
Post by: Beamer on November 08, 2016, 04:18:53 pm
Hi!

I was just wondering what time plan I should go through in the legal exam? Like how much time should I have left once I get to the 8 and 10 mark questions?
The general rule I've always followed is 2 minutes per mark but that leaves you 20 minutes over in the Legal exam. So you'll want to shave off those 20 minutes (plus some more) in the smaller questions to leave you more than enough time to be able to commit two minutes per mark in the 8-10 mark questions, which is possible if you know the content and address only what's asked of you. For example, completing the 3 mark questions in 4 minutes or smashing out the 2 mark questions in a minute or less. Then you should have enough time to be able to spend 20-25 (even 30) minutes on the 10 mark question and 16-20 minutes on the 8 mark question(s).
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 08, 2016, 04:34:39 pm
Decent structure. From what I've seen most of these questions ask specifically about each country's approach to the protection of rights, so you'll want to focus a lot on your part C.

1.5 minutes per mark works better.

I think of it more like:
3 marks 5 mins
5 marks 8 mins
6 marks 10 mins
8 marks 14 mins
10 marks 18 mins
Title: Re: VCE Legal Studies Question Thread
Post by: powergab on November 08, 2016, 04:45:31 pm
Thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 08, 2016, 04:51:06 pm
if there was a 10 marker on an evaluation of the way australia/country-of-choice protect rights, would this be a good structure of how to set it out?

a) introduction of both countries and rights in general terms
-
b) differences and similarities in actual rights protected (e.g Express rights in Australia, Civil/Political rights in USA) and the extent of them
-
c) the comparison of actual approaches to how rights are protected (Bill of Rights, How the Consititution can change and be enforced etc) & then;
-
d) an overall conclusion of which country provides better protection and summary of reasons why

? ? ? ? ?

Just be mindful of detailing the differences in the rights protected. The focus should be on the 'approaches', not the actual rights. You won't get any marks for stating that "whilst the US has the express right of the right to bear arms, Australia has the express right of..." Instead, focus on the approach. I.e. "The US Constitution contains many express rights, outlined in a Bill of Rights which apply to both Federal and State legislatures, whilst in contrast, the Commonwealth Constitution only contains 5 express rights, with some of these only applying to the Commonwealth, and not the state Parliaments - such as S.80, the right to a trial by jury for Commonwealth indictable offences."
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 08, 2016, 05:02:38 pm
Just be careful of detailing the differences in the rights protected. The focus should be on the 'approaches', not the actual rights. You won't get any marks for stating that "whilst the US has the express right of the right to bear arms, Australia has the express right of..." Instead, focus on the approach. I.e. "The US Constitution contains many express rights, outlined in a Bill of Rights which apply to both Federal and State legislatures, whilst in contrast, the Commonwealth Constitution only contains 5 express rights, with some of these only applying to the Commonwealth, and not the state Parliaments - such as S.80, the right to a trial by jury for Commonwealth indictable offences."

yeah! i wouldn't go into detail about specific rights i just meant how Australia provides rights in the form of express rights, implied rights and structural protections vs the USA's comprehensive Bill of Rights (that include political/civil rights)

-

also, when describing two different types of damages that could be awarded is it okay to say both specific & general damages even though they both come under compensatory?
Title: Re: VCE Legal Studies Question Thread
Post by: reards on November 08, 2016, 07:45:47 pm
I'm sorry if this is a stupid question but how are decisions of VCAT binding and legally enforcable on the parties? is this when the case is presided over by the vice-president/president of VCAT?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 08, 2016, 08:24:41 pm
I'm sorry if this is a stupid question but how are decisions of VCAT binding and legally enforcable on the parties? is this when the case is presided over by the vice-president/president of VCAT?

Nah all VCAT decisions are legally binding - like, decisions that come from VCAT hearings. As VCAT hearings (by regular members) are conducted through arbitration (or judicial determination when it's the vice-president/president).
Title: Re: VCE Legal Studies Question Thread
Post by: nm4065 on November 08, 2016, 08:31:24 pm
When asked the means by which the constitution protects rights can we use the High Court in its ability to enforce rights and declare law that infringes rights invalid.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Elleeen on November 08, 2016, 09:10:07 pm
This year has been a disaster for me in terms of this subject. It went from being my favourite subject to my least favourite, and the one I performed (almost) the worst in.
I know I can't blame my teacher, but honestly it was very difficult both learning, improving and maintaining interest in the subject with her. Whenever she took off marks in SACs she'd never provide reasons why, and the few times I tried to ask about it she said she'd read it over and return it to me next class -- only for me to never see those SACs again. So, I had a bit of a "I give up" mentality, and I've been relying heavily on myself and other resources (e.g. edrolo) to get through this year.

Honestly, I will not be walking into the exam tomorrow feeling confident, and I truly feel horrible about that since this was really the subject I had the most hope for coming into this year.

(Sorry about this rather negative post, I just really had to vent this.)

Can anyone please just give me some last minute tips or hacks to get through tomorrow and potentially maximise my chances of getting a good score?
I'd also like to thank everyone on this thread, even reading through some of the questions helped me learn a lot more. Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 08, 2016, 09:22:23 pm
This year has been a disaster for me in terms of this subject. It went from being my favourite subject to my least favourite, and the one I performed (almost) the worst in.
I know I can't blame my teacher, but honestly it was very difficult both learning, improving and maintaining interest in the subject with her. Whenever she took off marks in SACs she'd never provide reasons why, and the few times I tried to ask about it she said she'd read it over and return it to me next class -- only for me to never see those SACs again. So, I had a bit of a "I give up" mentality, and I've been relying heavily on myself and other resources (e.g. edrolo) to get through this year.

Honestly, I will not be walking into the exam tomorrow feeling confident, and I truly feel horrible about that since this was really the subject I had the most hope for coming into this year.

(Sorry about this rather negative post, I just really had to vent this.)

Can anyone please just give me some last minute tips or hacks to get through tomorrow and potentially maximise my chances of getting a good score?
I'd also like to thank everyone on this thread, even reading through some of the questions helped me learn a lot more. Good luck!

that really sucks that your teacher wasn't able to be supportive/helpful!  :( hopefully no other subjects turn out like this for you.
i find the good thing about legal is that it's a subject that is able to be crammed (imo) if you have good memorisation so i'd recommend reading over summaries and definitely trying to remember key words & CASES! Cases are so helpful when you're unsure of a content answer but know a case that related to that specific area e.g Tasmanian Dam Case on division of law-making power, then you're able to obtain some additional marks and the memory of that content can come back to you! it may not work for everybody but it's definitely one of the ways that i'm able to remember content in legal  :)

good luck tomorrow!!
Title: Re: VCE Legal Studies Question Thread
Post by: SexGodDosia on November 08, 2016, 09:31:56 pm
that really sucks that your teacher wasn't able to be supportive/helpful!  :( hopefully no other subjects turn out like this for you.
i find the good thing about legal is that it's a subject that is able to be crammed (imo) if you have good memorisation so i'd recommend reading over summaries and definitely trying to remember key words & CASES! Cases are so helpful when you're unsure of a content answer but know a case that related to that specific area e.g Tasmanian Dam Case on division of law-making power, then you're able to obtain some additional marks and the memory of that content can come back to you! it may not work for everybody but it's definitely one of the ways that i'm able to remember content in legal  :)

good luck tomorrow!!

same, often reading notes then trying to read them allowed and every time you get it wrong you go
back to the beginning works well.

Once you've read your notes, coming up with single words for s/w of areas that will jog
your memory  helps too
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 08, 2016, 09:33:09 pm
what's the diff between judicial determination and arbitration???
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 08, 2016, 10:03:18 pm
what's the diff between judicial determination and arbitration???

Judicial determination is conducted by a judicial officer (judge), generally with the use of strict rules of evidence and procedure (thus making it a very formal atmosphere). Arbitration is conducted by an arbitrator without the use of rules of evidence and procedure and in a less formal setting than judicial determination.
Title: Re: VCE Legal Studies Question Thread
Post by: HopefulLawStudent on November 08, 2016, 11:00:26 pm
On what basis can we appeal and what can we appeal? Does it differ between courts? It's different for civil and criminal right? Is that that facts of law, question of facts stuff? -- Am I even making sense???
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 08, 2016, 11:06:24 pm
On what basis can we appeal and what can we appeal? Does it differ between courts? It's different for civil and criminal right? Is that that facts of law, question of facts stuff? -- Am I even making sense???

Criminal Appeals can be on/against:
- Conviction
- Sanction imposed (severity or leniency)
- A point of law

Civil Appeals can be on/against:
- A point of law.
- A question of fact.
- The amount of damages awarded.
Title: Re: VCE Legal Studies Question Thread
Post by: Dem16 on November 09, 2016, 09:40:54 am
When asked about how media can influence change in law, do you refer to a specific type of media (e.g. social media) or just talk about media in general?
Title: Re: VCE Legal Studies Question Thread
Post by: Samm1 on November 09, 2016, 09:48:08 am
Will we need case examples for how pressure groups can influence change? For instance the Media
Title: Re: VCE Legal Studies Question Thread
Post by: phurell on November 09, 2016, 11:10:06 am
Will we need case examples for how pressure groups can influence change? For instance the Media

it's definitely better to have as it'll add more depth to an answer and allow the assessor to not take marks off for being vague.

an example could be GetUp! Action for Australia, which is a pressure group that utilize their website as a way of pressuring for legislative change  :)
Title: Re: VCE Legal Studies Question Thread
Post by: carlton_99 on November 10, 2016, 09:13:45 am
Have the Legal Studies Sample Responses been released yet by ATAR Notes??
Title: Re: VCE Legal Studies Question Thread
Post by: jellybean1029 on February 26, 2017, 07:46:08 pm
I need some help answering this question;
Describe the role of the Victorian Law Reform Commission in assessing the need for a change in the law
Is this asking for the process??
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on February 26, 2017, 08:10:10 pm
I need some help answering this question;
Describe the role of the Victorian Law Reform Commission in assessing the need for a change in the law
Is this asking for the process??

Hi Jellybean,

Yes, the process is part of the VLRC's role.

So in your answer you could talk about:

 -the VLRC engaging in community wide consultation and debate to assess views
- gathering information from experts who are able to provide advice and special knowledge throughout the process
-making recommendations for law reform on issues referred to it by the attorney-general (or minor issues of community concern which can be conducted without the permission of the attorney-general)

More specific to the role:

-Monitor and coordinate law reform activity in Victoria
-Suggest to the attorney-general that he or she refer a law in need of investigation to the VLRC


I hope this helps. If you have any more questions I am happy to clear them up!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: jellybean1029 on February 26, 2017, 08:57:28 pm
Hi Jellybean,

Yes, the process is part of the VLRC's role.

So in your answer you could talk about:

 -the VLRC engaging in community wide consultation and debate to assess views
- gathering information from experts who are able to provide advice and special knowledge throughout the process
-making recommendations for law reform on issues referred to it by the attorney-general (or minor issues of community concern which can be conducted without the permission of the attorney-general)

More specific to the role:

-Monitor and coordinate law reform activity in Victoria
-Suggest to the attorney-general that he or she refer a law in need of investigation to the VLRC


I hope this helps. If you have any more questions I am happy to clear them up!  :)
Thank you for the reply. I have another question that I'm having some difficulties with
Evaluate the extent to which a petition is effective in influencing a change in the law
Do I talk about strengths and weaknesses of a petition? How many examples do I need?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on February 26, 2017, 09:34:58 pm
Thank you for the reply. I have another question that I'm having some difficulties with
Evaluate the extent to which a petition is effective in influencing a change in the law
Do I talk about strengths and weaknesses of a petition? How many examples do I need?

With an 'evaluate the extent' type of question, you are required to come to an overall opinion. For example, 'While petitions are largely effective in influencing a change in the law, there are certain limitations which hinder this effectiveness.'

Therefore, you will be required to incorporate both strengths and weaknesses in your answer. However, if you are arguing an opinion like the one I provided above, you would focus more on the strengths as opposed to the weaknesses.

It is always good to have one solid example that you can use for these questions. I don't think the quantity is important, rather, it is the quality of the example that you need to focus on.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Notarobot on March 14, 2017, 09:45:50 am
Hello, I am quite confused about concurrent law-making powers (Unit 3 AOS 2). Can anyone help with this?

First up, I don't really understand why we have them. How is it a good thing? Wouldn't it be more sensible to just have exclusive (Commonwealth) and residual (State) powers?

Secondly, is my answer to this question below wrong or just not the best answer?

Q: How can s. 109 be seen as a restriction on the states' power?
A: Section 109 may be seen as a restriction on states' power because it limits the state's ability to make laws in areas of concurrent power (eg marriage) unless the Commonwealth also creates the same law.

(The suggested answer was that s. 109 tends to take powers from the states and give it to the Commonwealth.)


Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on March 14, 2017, 01:40:57 pm
Hello, I am quite confused about concurrent law-making powers (Unit 3 AOS 2). Can anyone help with this?

First up, I don't really understand why we have them. How is it a good thing? Wouldn't it be more sensible to just have exclusive (Commonwealth) and residual (State) powers?

Secondly, is my answer to this question below wrong or just not the best answer?

Q: How can s. 109 be seen as a restriction on the states' power?
A: Section 109 may be seen as a restriction on states' power because it limits the state's ability to make laws in areas of concurrent power (eg marriage) unless the Commonwealth also creates the same law.

(The suggested answer was that s. 109 tends to take powers from the states and give it to the Commonwealth.)

Hey Notarobot!

With regards to your first question, I'm not 100% sure what the justification of having concurrent law-making powers is, but I guess:
a) It saves the Commonwealth time and resources,
b) Some may argue that certain concurrent areas of law-making power are better left to the states (because of the differences between each state), and
c) Changing the division of powers in such a way would involve a very, very significant alteration to the Constitution.

With your second question:
The first part of your answer is correct, but the second part "unless the Commonwealth also creates the same law" is a bit iffy. Section 109 acts as a restriction on the law-making power of the states, because it means that in the event that there is an inconsistency between a law of the Commonwealth and a law of a state Parliament (in an area of concurrent law-making power), the law of the Commonwealth will prevail to the extent of the inconsistency between the two laws.

There are also a number of other arguments and points to make regarding why section 109 does and does not restrict the states, but for this question, the above should suffice.

Best of luck!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 15, 2017, 11:17:54 pm
Hello, I am quite confused about concurrent law-making powers (Unit 3 AOS 2). Can anyone help with this?

First up, I don't really understand why we have them. How is it a good thing? Wouldn't it be more sensible to just have exclusive (Commonwealth) and residual (State) powers?

Secondly, is my answer to this question below wrong or just not the best answer?

Q: How can s. 109 be seen as a restriction on the states' power?
A: Section 109 may be seen as a restriction on states' power because it limits the state's ability to make laws in areas of concurrent power (eg marriage) unless the Commonwealth also creates the same law.

(The suggested answer was that s. 109 tends to take powers from the states and give it to the Commonwealth.)

The basic answer to the first is that many areas of law-making are broad, and have hundreds of laws that could be made within them. Some laws ought sensibly to be national, while others ought sensibly to be state-based and different from state to state. Like taxation - taxes going towards roads, for instance, are logically better state-by-state because the road needs and usages are different; we have a national income tax, though, at the very least because people work with clients from across multiple states (for one eg).

With the second, you always need to include the mark allocation - a 1 mark answer is entirely different from a 5 mark answer. With the one you've given, the second part doesn't make sense. It's actually the opposite of what you've written: that the state power is limited when the Cwlth *has* made the same law. Also, it's not that they can't pass the law - it's that it may be invalidated if challenged in the courts.
Title: Re: VCE Legal Studies Question Thread
Post by: illmaticisthegoatalbum on March 22, 2017, 01:25:23 pm
I just got my first Legal Sac results back. I got a C. What's the chances of me still getting a study score of like above 35? I really want to study Law at any Uni, but I'm freaking out I won't be able to do it now
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on March 22, 2017, 08:36:36 pm
I just got my first Legal Sac results back. I got a C. What's the chances of me still getting a study score of like above 35? I really want to study Law at any Uni, but I'm freaking out I won't be able to do it now

To make things short and sweet; yes, a study score above 35 is definitely still possible!
Title: Re: VCE Legal Studies Question Thread
Post by: Help.Me. on March 27, 2017, 03:25:57 pm
What minimum SAC scores should I be averaging for a 40+, assuming that my schools SACs are generally difficult with an average cohort?
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on March 27, 2017, 04:01:23 pm
What minimum SAC scores should I be averaging for a 40+, assuming that my schools SACs are generally difficult with an average cohort?
Thanks!

Whilst I wish there were, unfortunately there is no definitive answer to this question; seeing as the important thing that comes out of SACs is your ranking, not your actual score. I'd highly recommend you read this https://atarnotes.com/forum/index.php?topic=160060.0 to get a better understanding of how SAC rankings and all of that works :)
Title: Re: VCE Legal Studies Question Thread
Post by: stunner05 on April 22, 2017, 10:59:47 pm
so not sure if i am doing this right since i am a new, but i did have a question. so I have a sac coming up in 5 days and i was just wondering if anyone knew the difference between specific and exclusive power. my teacher said that specific is concurrent and exclusive power and it is listed on the constitution but that does not make much sense to me. thankyouu
Title: Re: VCE Legal Studies Question Thread
Post by: Aaron on April 22, 2017, 11:04:08 pm
so not sure if i am doing this right since i am a new, but i did have a question. so I have a sac coming up in 5 days and i was just wondering if anyone knew the difference between specific and exclusive power. my teacher said that specific is concurrent and exclusive power and it is listed on the constitution but that does not make much sense to me. thankyouu

You have asked your question perfectly :) Good job. Feel free to ask as many as you would like. I won't even try answering, given I know pretty much zero about Legal Studies.. but your question will get answered soon, so keep checking every so often! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on April 23, 2017, 12:20:50 am
so not sure if i am doing this right since i am a new, but i did have a question. so I have a sac coming up in 5 days and i was just wondering if anyone knew the difference between specific and exclusive power. my teacher said that specific is concurrent and exclusive power and it is listed on the constitution but that does not make much sense to me. thankyouu

Here to answer!

So what your teacher said is right. "Specific powers" are simply those powers which are explicitly stated in the Constitution as powers of the Commonwealth. Now, these specific powers can either be exclusive powers or concurrent powers. (Meaning exclusive powers and concurrent powers are types of specific powers).
So basically:
Specific powers = listed as powers of the Commonwealth in the Constitution.
Exclusive powers = those specific powers which are held purely by the Commonwealth.
Concurrent powers = those specific powers which are held by both the Commonwealth and state Parliaments.
Residual powers = those powers which are held by the state parliaments, as they are not mentioned in the Constitution as powers of the Commonwealth.

Does this make sense? :)
Title: Re: VCE Legal Studies Question Thread
Post by: Notarobot on April 23, 2017, 02:42:48 pm
Hello,

My question is about a case study in Unity 3, area of studies 2 (the Constitution and the protection of rights). According to my notes, in class we learned that Roach v. Electoral Commissioner (2007) is an example of implied rights. However, some other sources seem to suggest that it is not, and they use the case to discuss other areas such as structural protections and even (I think) High Court interpretation. I feel confused about this  ??? .

Is the Roach v. Electoral Commissioner (2007) case an good example to use for implied rights, or for the structural protection of rights (specifically representative government), or for High Court interpretation? Or can it be used to discuss more than one of these areas? What does this case best exemplify?

Thanks for any explanations and help!
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 23, 2017, 03:18:39 pm
Hello,

My question is about a case study in Unity 3, area of studies 2 (the Constitution and the protection of rights). According to my notes, in class we learned that Roach v. Electoral Commissioner (2007) is an example of implied rights. However, some other sources seem to suggest that it is not, and they use the case to discuss other areas such as structural protections and even (I think) High Court interpretation. I feel confused about this  ??? .

Is the Roach v. Electoral Commissioner (2007) case an good example to use for implied rights, or for the structural protection of rights (specifically representative government), or for High Court interpretation? Or can it be used to discuss more than one of these areas? What does this case best exemplify?

Thanks for any explanations and help!

Hi Notarobot,

In recent times, arguments in favour of the Roach case being an implied right (implied right to vote) are becoming more and more accepted. However to be safe, I would choose a case such as the ACTTV one, where there is no ambiguity. This was also recommended to me by an examiner.

The Roach case is definitely applicable to a constitutional protection of rights case. It upholds the structural protection of the right for parliament to be chosen directly by the people (also right to a representative government). While Section 7 and 24 were looked at to decide this matter and deduce that parliament had to be chosen 'directly by the people,' I wouldn't use this case as an example of high court interpretation. There are better examples to be chosen.

I hope this helps. Please ask more questions if this isn't clear!
Title: Re: VCE Legal Studies Question Thread
Post by: Notarobot on April 23, 2017, 04:02:00 pm
Quote
Hi Notarobot,

In recent times, arguments in favour of the Roach case being an implied right (implied right to vote) are becoming more and more accepted. However to be safe, I would choose a case such as the ACTTV one, where there is no ambiguity. This was also recommended to me by an examiner.

The Roach case is definitely applicable to a constitutional protection of rights case. It upholds the structural protection of the right for parliament to be chosen directly by the people (also right to a representative government). While Section 7 and 24 were looked at to decide this matter and deduce that parliament had to be chosen 'directly by the people,' I wouldn't use this case as an example of high court interpretation. There are better examples to be chosen.

I hope this helps. Please ask more questions if this isn't clear!

Thanks a lot for the answer clarke54321!

So would it be acceptable to use:
 * R v. Brislan (1935) Wireless Telephone Case as an example for the High Court interpretation of the Constitution;
* Australian Capital Television Pty Ltd v Commonwealth (1992) Case as an example of implied right; and
* Roach v. Electoral Commissioner (2007) as an example of structural protection?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 23, 2017, 04:03:40 pm
Thanks a lot for the answer clarke54321!

So would it be acceptable to use:
 * R v. Brislan (1935) Wireless Telephone Case as an example for the High Court interpretation of the Constitution;
* Australian Capital Television Pty Ltd v Commonwealth (1992) Case as an example of implied right; and
* Roach v. Electoral Commissioner (2007) as an example of structural protection?

Yes, definitely!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 25, 2017, 01:02:13 pm
Thanks a lot for the answer clarke54321!

So would it be acceptable to use:
 * R v. Brislan (1935) Wireless Telephone Case as an example for the High Court interpretation of the Constitution;
* Australian Capital Television Pty Ltd v Commonwealth (1992) Case as an example of implied right; and
* Roach v. Electoral Commissioner (2007) as an example of structural protection?

Just to clarify re the 'High Court interpretation': they are all examples of High Court interpretation. Specifically, High Court interpretation of the Constitution. Brislan interpreted s51 and resulted in a change to the division of powers; ACTV interpreted ss7 and 24, and resulted in a change to implied rights; Roach interpreted ss7 and 24 (amongst other sections), and resulted in a change to structural protections. But they all involved an interpretation of the Constitution.

(Also, don't forget you need a second case relating to the division of powers.)
Title: Re: VCE Legal Studies Question Thread
Post by: patriciarose on April 26, 2017, 12:43:01 am
sorry if something like this has already been asked, but i really don't know how to tackle this ten mark question. 'the process under s128 have played a significant role in shifting the division of powers between parliaments in australia. in comparison, as a process, referral of powers has had no impact on the ways in which parliaments can create laws for the needs of a modern australia.' to what extent do you agree? explain in your answer the impact of one referendum on law-making powers in australia. more than anything else, i don't know how to coherently structure it because it seems to be asking for a lot. any ideas would be really appreciated? (:
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 27, 2017, 10:00:28 am
sorry if something like this has already been asked, but i really don't know how to tackle this ten mark question. 'the process under s128 have played a significant role in shifting the division of powers between parliaments in australia. in comparison, as a process, referral of powers has had no impact on the ways in which parliaments can create laws for the needs of a modern australia.' to what extent do you agree? explain in your answer the impact of one referendum on law-making powers in australia. more than anything else, i don't know how to coherently structure it because it seems to be asking for a lot. any ideas would be really appreciated? (:

Start by listing all the things you're going to need to cover. Then look at the list for connections and a logical order.
Title: Re: VCE Legal Studies Question Thread
Post by: pmmenotes on April 27, 2017, 10:02:55 pm
Hey atarnotes just have a question about my grades

So this year I have not been doing as well as I have last year. My grades have been 78% (worse one), 85% and 86%. I go to a pretty good public score were always higher then the state averages and in like the top 20 melbourne public schools so i dont have a weak cohort. I think my ranking in my class would be at least top 10 and I know some people did really bad on the last SAC. Anyways my question is do you think its possible for me to get a 40+ study score for legal or would that be pushing it? provided I do good on the exam. I know im good at legal ive just been prioritising my other subjects like chem more because it was meant to be my "bludge".  Which I now know isnt the case :(
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 28, 2017, 07:55:18 am
Hey atarnotes just have a question about my grades

So this year I have not been doing as well as I have last year. My grades have been 78% (worse one), 85% and 86%. I go to a pretty good public score were always higher then the state averages and in like the top 20 melbourne public schools so i dont have a weak cohort. I think my ranking in my class would be at least top 10 and I know some people did really bad on the last SAC. Anyways my question is do you think its possible for me to get a 40+ study score for legal or would that be pushing it? provided I do good on the exam. I know im good at legal ive just been prioritising my other subjects like chem more because it was meant to be my "bludge".  Which I now know isnt the case :(

Hey!

Of course 40+ is still a possible score! Given that your cohort is strong and you are around the top 10, your chances are still quite good. What I would recommend now is to go over your past SACs with your teacher and really understand why you lost marks. Try not to get hung up about marks, but rather what held you back from receiving your desired mark. Ultimately, it is all about the exam. So if you have a very strong knowledge come exam time, a 40+ is VERY achievable. Someone from my cohort last year lost quite a few marks in SACs throughout the year and wasn't ranked in the top 5 and received a 44. Anything is possible, provided that you put in effort and are willing to learn from your mistakes.

I hope this helps you out!
Title: Re: VCE Legal Studies Question Thread
Post by: kbanks on May 07, 2017, 01:52:40 pm
sorry if something like this has already been asked, but i really don't know how to tackle this ten mark question. 'the process under s128 have played a significant role in shifting the division of powers between parliaments in australia. in comparison, as a process, referral of powers has had no impact on the ways in which parliaments can create laws for the needs of a modern australia.' to what extent do you agree? explain in your answer the impact of one referendum on law-making powers in australia. more than anything else, i don't know how to coherently structure it because it seems to be asking for a lot. any ideas would be really appreciated? (:

Hey :)
So when you're structuring an answer to a question like this it is really important to get a good plan down on paper before you try and answer it! So really good that you're able to pick up when you're not really coherent in your answer, that's a really important skill.
For this particular question, it's asking you to focus on two things: referendums, and referral of law making power. It's then asking you to evaluate both of them in terms of how effectively they can alter the division of law making power, ensuring you use an example of a referendum.
Breaking the question down into chunks is a really easy way to determine exactly what it is asking you to do, and make sure that you're covering everything necessary.
What I would do is this:
- Explanation of the referendum process
- Example of one successful referendum and the way in which it shifted the division of law-making power
- Discussion of the method by which states can refer their law making power to the Commonwealth
- Discussion of the impact this has on the division of law making power
- Comparison of the two (for example: which one is more effective? which one has had the most impact from the examples you have learnt?)

When you're comparing them, you could bring in some strengths and weaknesses of both referendums and referrals, depending on which way you are arguing (for example, if you're saying that referral of law making powers has a bigger impact than referendums, you could talk about how referendums very rarely succeed because of the double majority provision).

Hope this helps!! Let me know if you need any more advice :) :)
Good luck,
Karly
Title: Re: VCE Legal Studies Question Thread
Post by: Notarobot on May 25, 2017, 09:41:43 pm
Hi everyone,

Re: the role of the courts in law-making.

I have a SAC tomorrow and the teacher has given us a list of topics to revise. One of the topics is confusing as I have found several possible (and different) answers in the textbook (Making and Breaking the Law), Checkpoints and A+ Notes, none of which mention something that the teacher said in class.
The topic is: "methods used by courts to interpret statues", which I think refers to: "how judges interpret legislation" (statutory interpretation) in the textbook (Making and Breaking the Law).

Having looked at various books and notes, here is my sample answer for a question about "methods used by courts to interpret statues", does anyone have any feedback?

Courts (Judges and Magistrates) will try to determine the purpose or intent of the legislation and interpret the Act in that light. The first step is to interpret according to the plain (literal) meaning of the words. Then if there is ambiguity or absurdity, consult aids or sources.
The kinds of sources used by Judges to assist them in determining the meaning of Acts are: 1) intrinsic (sources contained within the Act); 2) extrinsic (sources outside the Act eg dictionaries, legislative guidelines, previous decisions).
Judges may also refer to 'Judge's common law rules' which help analysing the grammatical structure of sentences: such as a) ejusdem generis, 'specific terms followed by a general term'; this rule limits the general term to same class as the specific term.

Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: kbanks on May 28, 2017, 10:09:09 am
Hi everyone,

Re: the role of the courts in law-making.

I have a SAC tomorrow and the teacher has given us a list of topics to revise. One of the topics is confusing as I have found several possible (and different) answers in the textbook (Making and Breaking the Law), Checkpoints and A+ Notes, none of which mention something that the teacher said in class.
The topic is: "methods used by courts to interpret statues", which I think refers to: "how judges interpret legislation" (statutory interpretation) in the textbook (Making and Breaking the Law).

Having looked at various books and notes, here is my sample answer for a question about "methods used by courts to interpret statues", does anyone have any feedback?

Courts (Judges and Magistrates) will try to determine the purpose or intent of the legislation and interpret the Act in that light. The first step is to interpret according to the plain (literal) meaning of the words. Then if there is ambiguity or absurdity, consult aids or sources.
The kinds of sources used by Judges to assist them in determining the meaning of Acts are: 1) intrinsic (sources contained within the Act); 2) extrinsic (sources outside the Act eg dictionaries, legislative guidelines, previous decisions).
Judges may also refer to 'Judge's common law rules' which help analysing the grammatical structure of sentences: such as a) ejusdem generis, 'specific terms followed by a general term'; this rule limits the general term to same class as the specific term.

Thanks.

Hey :)
You're correct in saying that 'methods used by courts to interpret statutes' is referring to the role of statutory interpretation - and your answer seems pretty spot on to me!
The only thing that I would add in the beginning is a super quick explanation of WHY courts may need to interpret statutes...
E.g
"Courts will need to interpret the meaning of statutes if a case comes before them that includes the need to read legislation. As legislation is often drafted in a confusing manner, or using words that are ambiguous in their meaning, courts will need to add meaning to the words in order to be able to come to a conclusion about the case before them".

Good luck!
Karly.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 28, 2017, 09:00:42 pm
Hi everyone,

Re: the role of the courts in law-making.

I have a SAC tomorrow and the teacher has given us a list of topics to revise. One of the topics is confusing as I have found several possible (and different) answers in the textbook (Making and Breaking the Law), Checkpoints and A+ Notes, none of which mention something that the teacher said in class.
The topic is: "methods used by courts to interpret statues", which I think refers to: "how judges interpret legislation" (statutory interpretation) in the textbook (Making and Breaking the Law).

Having looked at various books and notes, here is my sample answer for a question about "methods used by courts to interpret statues", does anyone have any feedback?

Courts (Judges and Magistrates) will try to determine the purpose or intent of the legislation and interpret the Act in that light. The first step is to interpret according to the plain (literal) meaning of the words. Then if there is ambiguity or absurdity, consult aids or sources.
The kinds of sources used by Judges to assist them in determining the meaning of Acts are: 1) intrinsic (sources contained within the Act); 2) extrinsic (sources outside the Act eg dictionaries, legislative guidelines, previous decisions).
Judges may also refer to 'Judge's common law rules' which help analysing the grammatical structure of sentences: such as a) ejusdem generis, 'specific terms followed by a general term'; this rule limits the general term to same class as the specific term.

Thanks.

You can't really judge the quality of an answer without knowing the wording of the question, including task word, and the mark allocation. So just make sure you include those. If this question was, say, "Explain the methods used by judges in the interpretation of statutes." (4 marks), then I'd say that was a really good answer. That's also hard to judge, though, because that topic isn't on the SD! It's not required knowledge. So there shouldn't be a SAC question on it at all, and it definitely won't be on the exam.

Also, just make sure not to include anything that isn't expressly asked for in the question, because no marks are allocated for it. So, yeah, just the methods will get marks for the wording above. Maybe some brownie points for demonstrating knowledge of what SI is in the first place, but that usually comes through the rest of the answer.
Title: Re: VCE Legal Studies Question Thread
Post by: Notarobot on May 29, 2017, 07:14:52 pm
Thanks a lot Karly and Megan for your great help. I did really well on the SAC. There WAS a question about the methods used by judges in statutory interpretation on the SAC. I agree it is not on the study design. Before the SAC I matched my teacher's revision list to the study design and that topic was the only one that didn't map to the design. A+ also said it wasn't required knowledge. I guess it happens ??? :o but as you said it can't happen on the end of year exam. :)
Title: Re: VCE Legal Studies Question Thread
Post by: abbeyrose on June 03, 2017, 09:45:56 am
I was wondering if I could get some help for this legal question:

Outline all the requirements for a precedent to be binding. (2 marks)

Thank you  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on June 04, 2017, 01:01:11 am
I was wondering if I could get some help for this legal question:

Outline all the requirements for a precedent to be binding. (2 marks)

Thank you  :)

I'm going to start off by saying that I'm not a big fan of this question - considering it says "all"; I would like to think an exam question wouldn't be so absolute or definitive - but nonetheless, I'd say the requirements (although I may not get all of them) are:
- The precedent is set by a superior court in the same court hierarchy. E.g. The High Court on the lower courts.
- The material facts of the case before the court are similar (as determined by the judge) to those which were present before the superior court (which set the precedent).

The above are the main points - but for arguments sake, you could also note that to be binding, there mustn't be another (binding) precedent that would be more appropriate for the case [although this ties in with the material facts point]; and you could also note that there isn't a piece of legislation that contradicts the precedent - because that would make it not binding (in accordance with the supremacy of Parliament).

Hope that helps! :)
Title: Re: VCE Legal Studies Question Thread
Post by: abbeyrose on June 04, 2017, 07:26:40 pm
I'm going to start off by saying that I'm not a big fan of this question - considering it says "all"; I would like to think an exam question wouldn't be so absolute or definitive - but nonetheless, I'd say the requirements (although I may not get all of them) are:
- The precedent is set by a superior court in the same court hierarchy. E.g. The High Court on the lower courts.
- The material facts of the case before the court are similar (as determined by the judge) to those which were present before the superior court (which set the precedent).

The above are the main points - but for arguments sake, you could also note that to be binding, there mustn't be another (binding) precedent that would be more appropriate for the case [although this ties in with the material facts point]; and you could also note that there isn't a piece of legislation that contradicts the precedent - because that would make it not binding (in accordance with the supremacy of Parliament).

Hope that helps! :)

This helps tremendously. Thank you! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Elizabeth Arnott on June 12, 2017, 10:27:36 am
Does anyone know how to answer this;
Explain two advantages of having a ‘super tribunal’ such as VCAT, compared with having many different tribunals.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on June 12, 2017, 11:27:19 am
Does anyone know how to answer this;
Explain two advantages of having a ‘super tribunal’ such as VCAT, compared with having many different tribunals.

Welcome to the forums!

This is quite an uncommon question. It would be unlikely that it would come up in an exam. But it is a question which better helps you understand the main purpose of VCAT as a body.

So a few strengths of VCAT being an amalgamation of multiple tribunals:

-Reduces confusion for litigants. Ie. People don't have to research a whole range of tribunals to decipher which one best suits their own individual matter. Consequently, they can receive justice earlier. The process is not delayed. Therefore access is achieved.

-It would be expensive to administer multiple, single tribunals. By having them centralised into one body (VCAT) there are greater resources and perhaps money to operate them effectively.

Sorry this is a quick response. There's some really good info on this website: http://www.austlii.edu.au/au/journals/VicJSchol/2008/12.pdf

Hope it helps!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: dancingolive on June 20, 2017, 02:33:33 pm
Hi all!

Would anyone have a sample response or a way to respond to this question?

How can High Court interpretations of the Commonwealth Constitution change the division of powers between the Commonwealth and state parliaments? Explain using the Brislan and Franklin Dam case studies. (10 marks)

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on June 20, 2017, 02:47:09 pm
Hi all!

Would anyone have a sample response or a way to respond to this question?

How can High Court interpretations of the Commonwealth Constitution change the division of powers between the Commonwealth and state parliaments? Explain using the Brislan and Franklin Dam case studies. (10 marks)

Thanks!

So basically the High Court can interpret the Constitution in such a way, that it results in the Commonwealth gaining law-making power at the expense of the state parliaments; or vice versa. The Brislan case is a good example of this, as it involved the High Court interpreting the phrase "other like services" (or something like that; I can't remember exactly haha) broadly - so the Commonwealth gained the power to legislate regarding this area; and because of section 109 (regarding concurrent law-making powers), the law-making powers of the state parliaments reduced (because if they passed a conflicting law, it would be invalid to the extent of the inconsistency). Similarly, with the Franklin Dam case, the Commonwealth gained law-making power, because "external affairs" was interpreted broadly by the High Court (i.e. it was interpreted as relating to Australia's obligations under international treaties) - so the Commonwealth's power to legislate in this area increased, whilst the state parliament's power decreased.

I'd therefore structure my answer like so:
- Explanation of the impact of High Court interpretations on the division of law-making powers; and how this operates.
- How this applied in the Brislan case.
- How this applied in the Franklin Dam case.

Best of luck!
Title: Re: VCE Legal Studies Question Thread
Post by: kbanks on June 20, 2017, 07:29:42 pm
Hi all!

Would anyone have a sample response or a way to respond to this question?

How can High Court interpretations of the Commonwealth Constitution change the division of powers between the Commonwealth and state parliaments? Explain using the Brislan and Franklin Dam case studies. (10 marks)

Thanks!

Hey :)

Totally agree with everything posted just above ^^^, but in addition I think the best way to explain how the HCA (High Court) can alter the division of law making powers just needs to open with why they can.

So, the HCA, under Sections 75 and 76 of the Constitution, has the power to hear cases relating to the constitutional validity of particular laws. So, e.g. in the Franklin Dams case, the Cth Parliament passed a law to enact a treaty that they had signed that was in a residual area of power. Therefore, when the state took the case to the HCA, the HCA was able to make a decision on whether or not the Cth had the power to pass that certain law in the residual area of power.
Therefore, that's how they can alter the division of law making power, because they have the power to determine whether the Cth Parliament has the ability to create certain law - in the Dams case they decided that the Cth Plt had the power to pass any law required to enact a treaty, which made it a concurrent area of power and therefore subject to S109, as Glasses explained above.

Hope this (additionally) helps!
KB

Thanks!
[/quote]
Title: Re: VCE Legal Studies Question Thread
Post by: kupus on June 25, 2017, 04:36:21 pm
Hi all,
Does anybody know the maximum sentence the County and Supreme Courts can give? I know the Magistrates' can give max jail time of 2 yrs but not sure about the rest...
thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: ddddd on July 04, 2017, 02:32:23 pm
Hi everyone,
What would be a good way to describe the role of VCAT and covering every role in a concise manner?
thanks ;D
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 04, 2017, 04:24:24 pm
Hi all,
Does anybody know the maximum sentence the County and Supreme Courts can give? I know the Magistrates' can give max jail time of 2 yrs but not sure about the rest...
thanks!

Hi,

Within each Act of parliament (at a state level), there is a maximum penalty set out for each type of offence. For Victoria, these are laid out in the Crimes Act 1958 (Vic). For example, the maximum time for rape is 25 years. For other offences, such as murder, courts can hand down a life sentence; given society's belief that this is the worst degree of culpability. Therefore, it is not so much dependent on the court, but rather the specific offence.

Given the jurisdiction of the Magistrates' Court, it makes sense that the max sentence they can allocate is 2 years. Obviously courts such as the Country Court and Supreme Court, which have the jurisdiction to hear indictable offences, are going to hand out more severe sentences.

Hope this makes sense :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 04, 2017, 04:37:44 pm
Hi everyone,
What would be a good way to describe the role of VCAT and covering every role in a concise manner?
thanks ;D

Hey!

Well, this does depend on the number of marks allocated. It is very unlikely that this question would come up in an exam, but may well come up in a SAC.

Perhaps a good place to start is to list all the main roles of VCAT, which you are familiar with. Then try and put together a small sample response together and work from there. In that way, you'll be able to add more detail/ take detail out if need be. If you post it on the board, others will be able to help you out! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Amelia.d99 on July 18, 2017, 08:04:32 pm
Hi guys! Anyone know how to structure the following question?

'Evaluate the way courts and VCAT operate to resolve disputes (10 marks)'

Thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: SamChung99 on July 23, 2017, 02:22:08 am
How recent should 'recent changes and recommendations for the legal system' need to be? (last dot point of U4AOS2)
What are some good contemporary examples that would be ok for the 2017 legal exam?
Title: Re: VCE Legal Studies Question Thread
Post by: pmmenotes on July 30, 2017, 06:38:24 pm
Someone please help i have no clue on how to answer this:

'Explain how a court hierarchy allows for a system of review of court decisions to operate. In your answer, describe the appellate jurisdiction of the courts in the victorian court hierarchy" 6 marks
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on July 30, 2017, 06:58:57 pm
Someone please help i have no clue on how to answer this:

'Explain how a court hierarchy allows for a system of review of court decisions to operate. In your answer, describe the appellate jurisdiction of the courts in the victorian court hierarchy" 6 marks

Hey!

First of all break the question down. How does 'review' take place in courts? Well, review comes from the system of appeals and also precedent. Without the court hierarchy would these systems be possible? No, because they rely on the judgement of superior authorities. The court hierarchy is fundamental to fairness and justice.

So for this question, you could break your answer into two parts (two different reasons for the court hierarchy in Victoria). With the appeals section, you can integrate the second part of the question into your answer (appellate jurisdiction).

Hope this helps  :)
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on August 15, 2017, 05:50:58 pm
 Hello Legal Studys!
i was just wondering whether there is any 'perfect' 10 mark responses out there just to see generally how they are structured and the quality of the response. i regularly check vcaa past examination papers however, with the longer questions they tend to only have the beginning of the question. my teacher has been telling me that the beginning of my 10markers are great just need to work on the end points of them (which ironically arent on the vcaa reports)
also anywhere other than checkpoints to get practise sacs or questions?
thankss :)   ;D
Title: Re: VCE Legal Studies Question Thread
Post by: skyersie on August 15, 2017, 06:18:42 pm
Please cheer me up!!

I'm in year 10 and just chose my VCE subjects. I had my heart set on doing Global Politics but just found out my school won't be running it next year, so I chose Legal units 3/4 to do next year. I don't know anything from units 1/2, and I'll be in a class with only people in the year level above (no one I know!).  :'(
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on August 15, 2017, 06:51:25 pm
Please cheer me up!!

I'm in year 10 and just chose my VCE subjects. I had my heart set on doing Global Politics but just found out my school won't be running it next year, so I chose Legal units 3/4 to do next year. I don't know anything from units 1/2, and I'll be in a class with only people in the year level above (no one I know!).  :'(

Hey!

Sorry to hear that you couldn't pursue Global Politics. It can be extremely frustrating when a school can't provide your desired subjects.

But if it's any consolation, Legal Studies is an absolutely amazing subject  :D
With a subject like Legal, there is a substantial amount of overlap between units 3/4 and 1/2. Therefore I wouldn't worry too much about not having done the 1/2. What you might find helpful, is spending some of your summer holidays familiarising yourself with key terms and concepts. At least then you will have some idea of what's to come and the right confidence to fully engage with the subject.

In regards to your class situation, I'd also recommend that you don't stress too much about it. When I completed Legal last year, I was practically the only year 11 student. Yet this pushed me to do even better in the subject because I had the influence of students who had already done a 3/4 and knew what effort was required to be successful.

If you have any further questions, please feel free to ask. Good luck!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: skyersie on August 15, 2017, 08:20:58 pm
Hey!

Sorry to hear that you couldn't pursue Global Politics. It can be extremely frustrating when a school can't provide your desired subjects.

But if it's any consolation, Legal Studies is an absolutely amazing subject  :D
With a subject like Legal, there is a substantial amount of overlap between units 3/4 and 1/2. Therefore I wouldn't worry too much about not having done the 1/2. What you might find helpful, is spending some of your summer holidays familiarising yourself with key terms and concepts. At least then you will have some idea of what's to come and the right confidence to fully engage with the subject.

In regards to your class situation, I'd also recommend that you don't stress too much about it. When I completed Legal last year, I was practically the only year 11 student. Yet this pushed me to do even better in the subject because I had the influence of students who had already done a 3/4 and knew what effort was required to be successful.

If you have any further questions, please feel free to ask. Good luck!  :)


It feels good to know I won't be all lost! And I'll definitely look into the key terms and concepts, thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on August 15, 2017, 11:23:48 pm
Hello Legal Studys!
i was just wondering whether there is any 'perfect' 10 mark responses out there just to see generally how they are structured and the quality of the response. i regularly check vcaa past examination papers however, with the longer questions they tend to only have the beginning of the question. my teacher has been telling me that the beginning of my 10markers are great just need to work on the end points of them (which ironically arent on the vcaa reports)
also anywhere other than checkpoints to get practise sacs or questions?
thankss :)   ;D


A good answer completely depends on the wording of the question, and every single one differs from the other. Just keep banging out points until you run out of time, and then wrap it all with your concluding answer/opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on August 17, 2017, 09:48:45 pm
Hello again.... this is sort of linked to last q. i was wondering whether i could get some feedback on one 10marker q. what can i do to improve? does it answer the question? sorry its quite long :-\

Discuss the extent to which the adversary system achieves one of the elements of an effective legal system.
In your answer, compare two features of the adversary system with the inquisitorial system.


The adversary system aims to achieve the entitlement to a fair and unbiased hearing; however, this can be achieved only to a certain extent.
one feature of the adversary system is the role of the judge, who acts as an impartial unbiased umpire, unable to assist either parties. this means that the parties are treated the same thereby upholding justice and fairness. however, in contrast in the inquisitorial system the role of the judge is greatly increased and takes control of the cases, including researching and investigating the case, and creating a 'dossier' of facts and evidence.
the role of the judge in the adversary system achieves having a fair and unbiased trial. this is because the decision maker is left with an independent third party and therefore the decision is respected and confidence is upheld in the system that it is fair. however, because the judge isn’t allowed to assist either parties- even if one party is poorly represented- this may lead to an imbalance of power between the two parties and not achieve an effective fair trial.
furthermore, another weakness is that the role of the judge doesn’t allow their expertise to be fully utilised, impacting on the outcome of the trial as the fighting between parties is in control of the parties. however, a strength of this is that because of the experience of the judge, keeping an impartial position ensures that parties are treated fairly, therefore ensuring a fair trial.
a second feature is the role of the parties, which in the adversary system have a very active role as the instigate and investigate the case. in contrast, the inquisitorial system the parties have a much lesser role and can only respond to the directions of the court.
a second key difference between the systems is that in the adversary system, parties bring and present their own evidence and arguments to the court, choosing what evidence and presenting it in the best possible way. whereas, the inquisitorial system the parties do not present or bring evidence to the court but instead the judge does it in order to find the truth.
the role of the parties helps to a certain extent the fairness of a hearing, this is due to the strength which allows parties in control of their own case which ensures an equal opportunity to win the case, ensuring fairness. however, due to the parties responsible for bringing evidence to courts, not all evidence may emerge therefore resulting in an unfair and unjust outcome of the trial.
a second strength of the adversary system is that the parties have the option to engage in legal representation and present their best possible case, ensuring a level playing field and options for parties for a fair trial. yet, on the other hand, not all parties can afford legal representation and this results that the access to a fair and unbiased trial is limited due to the imbalance in power.
whilst the adversary system does to some extent fulfil the one element of an effective legal system - a fair and unbaits trial - it is not without flaws, and does sometimes outcome in an unfair trial. however, the adversary system, in my opinion, is effective and achieves the principle of a fair trial. 


thankyouuuuu! :D ;)
Title: Re: VCE Legal Studies Question Thread
Post by: abbeyrose on August 24, 2017, 10:16:47 pm
If anyone could help me with this question it would be much appreciated :)

'An advocate of the adversary system recently commented that, 'the use of the adversary system of trial ensures that trials are conducted in a fair and effective manner'. To what extent do you agree with this statement? Justify your response'.

It's worth 8 marks and I was wondering what I would need to include and how to structure a question like this to gain the full marks. Thank you :)
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on August 25, 2017, 08:40:28 am
If anyone could help me with this question it would be much appreciated :)

'An advocate of the adversary system recently commented that, 'the use of the adversary system of trial ensures that trials are conducted in a fair and effective manner'. To what extent do you agree with this statement? Justify your response'.

It's worth 8 marks and I was wondering what I would need to include and how to structure a question like this to gain the full marks. Thank you :)

hi
what i would think for this question is that there would be 6marks allocated for your analysis points on the fair and unbias trial, 1-2 points for your evaluation and 'point of view' and 1 mark for global.
points may include-
-  the role of the judge is fair because it cannot assist either parties, but rather only clarify certain issues. and it is unbiased because of they act as an impartial umpire and are not allowed to investigate the case and make the decision based on the facts and evidence brought to the courtroom. however, the role of the judge not allowed to assist either parties by suggesting any ideas, facts or evidence to explore even if a party is poorly represented. this can result in a further imbalance of power between the two parties and therefore resulting in an unfair trial.
- the role of the rules of evidence and procedure ensures the a fair trial because the rules of procedure ensure both parties are on a level playing field and therefore ensure fairness and consistency as both parties are treated equally with the same rules. it also upholds natural justice and fairness because the rules of evidence do not allow irrelevant, inadmissible, unreliable or illegally obtained evidence protecting both parties. however, it is only to a certain extent that the rules of evidence and procedure uphold and ensure a fair and unbiased trial. due to these strict rules some critical evidence may not be allowed to be heard in the courts and therefore not giving the party the best chance for a fair trial. furthermore, as witnesses can only respond to questions of cross examination and not 'tell their story' the evidence that they may give may be incomplete and therefore result in misleading evidence leading to an unfair trial
- the role of the parties ensures a fair and unbiased trial because it allows for each and every party to have the equal opportunity to fight their own cases and give them the best possible opportunity to fight and win their own case rather than it being in the courts hands.  because they have such an active role in the adversary system they are more likely to feel much more satisfied and that they are receiving a fair and unbiased trial.
- the principle of legal representation aims to ensure a fair and unbiased trial, however, may be a large reason why unfair trials occur.... legal representation is expensive leading to one party not being able to have equal legal representation and have an imbalance in power between the to representation therefore not fulfilling the notion of a fair and unbiased trial...

thats a couple of ideas :)- obviously in a real situation i would refer alot more to the key words of the q. & this isnt a real answer only dotpoints... so a mini intro and conclusion and evaluation would have to be present to recieve full marks.
further about the points i would probably do either 3 really 'fleshed out' points or 4 shorter (but still detailed) points

hope tht helps despite been all over the place  :-\ ;)
Title: Re: VCE Legal Studies Question Thread
Post by: stunner05 on September 16, 2017, 07:23:45 pm
hey, so currently i am studying for my last sac for legal and was wondering whether police investigation falls under pre-trial procedures..if anyone could give a hand it will be much appreciated :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 16, 2017, 10:38:05 pm
hey, so currently i am studying for my last sac for legal and was wondering whether police investigation falls under pre-trial procedures..if anyone could give a hand it will be much appreciated :)

It's not one of the VCAA listed/required pre-trial procedures.
Title: Re: VCE Legal Studies Question Thread
Post by: pmmenotes on September 17, 2017, 03:58:02 pm
how would i answer 'discuss the extent damages restore people back to there original state' 4 marks
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 18, 2017, 01:12:46 pm
how would i answer 'discuss the extent damages restore people back to there original state' 4 marks

That task word means basically the same as 'evaluate'. So, give answers for and against, with an opinion.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on September 25, 2017, 08:34:43 pm
just wondering whether in legal questions asking 'what extent do you agree with this' whether you can say 'i agree to this statement to a great extent.... blahh blah'

in simpler terms can i use 'i' in legal responses?

thankyou :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on September 25, 2017, 09:08:56 pm
just wondering whether in legal questions asking 'what extent do you agree with this' whether you can say 'i agree to this statement to a great extent.... blahh blah'

in simpler terms can i use 'i' in legal responses?

thankyou :)

100% you can!! Don't shy away from it at all.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on September 26, 2017, 02:44:01 pm
100% you can!! Don't shy away from it at all.

awesome :) thankyou
Title: Re: VCE Legal Studies Question Thread
Post by: Vedrisca on October 07, 2017, 12:40:37 pm
anyone know any websites or resources i can get info on wills and inheritance?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 07, 2017, 09:58:12 pm
The VLRC fairly recently finished its investigation into the issue, so I'd read through their consultation paper and report.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on October 10, 2017, 08:55:57 pm
can anyone help with how to structure or what to include in a 10marker conclusion. i have recently done quite a few and received 8 or that around abouts. with the feedback need to make conclusion stronger. i know it obviously depends on the q... but any hints, tips or tricks would be greatly appreciated
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 10, 2017, 09:31:15 pm
can anyone help with how to structure or what to include in a 10marker conclusion. i have recently done quite a few and received 8 or that around abouts. with the feedback need to make conclusion stronger. i know it obviously depends on the q... but any hints, tips or tricks would be greatly appreciated

Write something that is one, single concise sentence long, *but* would sound like a legitimate answer if someone asked you the question in person. If someone would read the last sentence and say, "Mm, that's nice; but that tells me nothing"... it's probably not a great conclusion.

Sincerely, though, I don't trust your feedback: you don't get an 8/10 *only* because the concluding sentence wasn't strong enough. I'd go back and look at how I could make the entire answer stronger.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on October 11, 2017, 04:32:41 pm
Write something that is one, single concise sentence long, *but* would sound like a legitimate answer if someone asked you the question in person. If someone would read the last sentence and say, "Mm, that's nice; but that tells me nothing"... it's probably not a great conclusion.

Sincerely, though, I don't trust your feedback: you don't get an 8/10 *only* because the concluding sentence wasn't strong enough. I'd go back and look at how I could make the entire answer stronger.

ok thankyou.. thats great! next time i will just read it allowed to myself to double check.
hmm... interesting. the teachers normally not too bad on feedback. and is a flipping harsh marker :D im def seeing how to improve on this
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 11, 2017, 09:59:08 pm
8/10 isn't a harsh mark, though - it's actually a really good mark. Most people would be lucky to get an 8/10 on the exam! Last year the average was 4.4/10. But, yes, you don't get 8/10 just because the final sentence wasn't strong enough. Usually, really, the final sentence is irrelevant to the mark. It's possible to change your mark in the last sentence, but it's really difficult. So, just because they only mentioned the final sentence in the feedback... I'd still go back and improve the whole thing. Assume it's a little weak the whole way through.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on October 12, 2017, 08:35:34 pm
8/10 isn't a harsh mark, though - it's actually a really good mark. Most people would be lucky to get an 8/10 on the exam! Last year the average was 4.4/10. But, yes, you don't get 8/10 just because the final sentence wasn't strong enough. Usually, really, the final sentence is irrelevant to the mark. It's possible to change your mark in the last sentence, but it's really difficult. So, just because they only mentioned the final sentence in the feedback... I'd still go back and improve the whole thing. Assume it's a little weak the whole way through.

Yup yup... i understand thanks heaps... i did another today and got 10! :) so thankyou for your help. now i just gotta keep it up ;)
Title: Re: VCE Legal Studies Question Thread
Post by: cer0010 on October 29, 2017, 12:55:50 pm
Need help with a couple questions from past exams that I'm not sure I've answered properly. wrote these in exam conditions and have typed up without changing and wondering what mark I'd get. Looked at the reports but didn't help too much. Thanks in advance for any help!
2014.
Q12. Discuss the extent to which VCAT can overcome two weaknesses of civil pre-trial procedures
To some extent VCAT overcomes the costs and time of civil pre-trial procedures.

Firstly, one weakness of civil pre-trial procedures is that they are expensive. Due to the complexities in procedures like Discovery parties often will requier legal representation, which is very costly. This may also prohibit some people from exercising their rights due to not being able to attain representation.

VCAT somewhat overcomes this. To attend VCAT only a small fee is required which in 2011 was only $37 for a small claim. This means justice is much more accessible. However, VCAT fees have recently risen by 300% and some lists charge by the day, undermining this strength. Although true, as legal representation is not often required in VCAT, parties may still find it overcomes the weakness of civil pre-trial procedures being costly.

Secondly, another weakness of civil pre-trial procedures is that they increase the time of a case. During discover thousands of documents can be exchanged which may take up a lot of time. However they can lead to an out of court  settlement.

VCAT operates to avoid lengthy cases. VCAT suffers from few delays due to a focus on alternative dispute resolution methods like mediation. Hence the average case is resolved within 14 weeks of application. However, civil pre-trial procedures also occur in VCAT, and although they have the aim of reaching an out of court settlement, they uultimate depend on whether the parties can cooperate to reach a resolution.

Therefore by avoiding lengthy procedures VCAT somewhat overcomes the weakness of costs but time ultimately depends on the parties.

2015
1.C Explain one purpose of discovery
One purpose of discovery is to raise, discover, and determine questions of fact. During discover, parties can issue questions to each other known as interrogatories, allowing them to discover the other party's facts. Further, through discovery and production of documents all facts become known allowing parties to properly prepare for a trial and perhaps reach an out-of-court settlement..
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 29, 2017, 01:39:20 pm
With your first answer, you have some errors with VCAT material. VCAT doesn't have faster resolution because of a focus on mediation - it uses less mediation than the courts. It has faster resolution because of shorter waiting times, highly specialised lists, extremely limited pre-hearing procedures, and much shorter (than the County or Supreme) actual hearings (partly because of the more inquisitorial nature and limited rules of evidence and procedure). Also, oral decisions rather than written, and generally decisions delivered immediately at the end of the hearing.

That links with the second error - pre-hearing procedures. Very limited, and not as focused in VCAT on reaching settlement (although some lists will have mediation options).

But, good structure on the answer. I'd just want a stronger opinion - you haven't really brought up 'depending on the parties' as an idea; the first time you mention it is in the conclusion. And what exactly does "somewhat" mean? And make sure your opinion covers both your weaknesses of PT.

With the second question, you've not isolated the purpose clearly - it's too diffuse. What do you mean by "raising" questions of fact? Is that the same as determining? And discovering? And how does settlement come under the same purpose? When it asks for *one* you need to make sure you very clearly have exactly one, and that you stick to that one.

Can't say what mark I'd personally give you without knowing the mark allocations, sorry.
Title: Re: VCE Legal Studies Question Thread
Post by: cer0010 on October 29, 2017, 03:31:04 pm
Are these answers better.
2014. Q12- out of 8
To a large extent VCAT overcomes the costs and delays associated with civil pre-trial procedures.

Firstly, one weakness of civil pre-trial procedures is that they are expensive. Due to the complexities in procedures like Discovery parties often will require legal representation, which is very costly. This may also prohibit some people from exercising their rights due to not being able to attain representation.
VCAT somewhat overcomes this. To attend VCAT only a small fee is required which in 2011 was only $37 for a small claim. This means justice is much more accessible. However, VCAT fees have recently risen by 300% and some lists charge by the day, undermining this strength. Although true, as legal representation is not often required in VCAT, it is still often cheaper than civil pre-trial procedures used in courts, and therefore largely overcomes this weakness.
Secondly, another weakness of civil pre-trial procedures is that they increase the time of a case. During discover thousands of documents can be exchanged which may take up a lot of time, and if an out-of -court agreement cannot be reached significant delays are likely to occur before the trial.

VCAT operates to avoid lengthy delays. It aims to provide quick dispute resolution and hence avoids strict rules of procedure and evidence like those in court civil pre-trial procedures. Cases are heard quickly and before 2011 over 80% of cases were resolved within 9 weeks of application.However, VCAT now takes on average 14 weeks to resolve a dispute. Nonetheless, this is still much quicker than in courts where thousands of civil cases are waiting to be heard in the Magistrate's Court and lengthy procedures occur before a case.

Therefore to a large extent VCAT overcomes the weaknesses of costs and delays that occur in  civil pre-trial procedures in the courts.




2015. Q1C- out of 3.
One purpose of discovery is to promote an out of court settlement. Interrogatories can be issued which allow parties to ask questions of each other, and the discovery and production of documents ensures both parties can gain all the relevant information. These processes allow issues of facts to be raised and determined, and new information may result in a party realising their claim or defence is weak, leading to an out of court settlement. This means parties can save the time and costs of a lengthy trial.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 29, 2017, 07:53:16 pm
The second answer is much better - it all links back, and I'd personally give you 3/3 now.

The first answer is not bad at all, but it's difficult to make answers on VCAT and courts stand out from the pack because everyone says so much the same thing. What do you mean by thousands of civil cases are waiting? Isn't that always going to be the case, because nothing is heard the day it is filed? And some delay before the hearing is necessary, so people can prepare their cases. Also, the Mag's doesn't have lengthy procedures - it has not too different from VCAT. I know I'm being picky, but it's 15 minutes of writing and *everyone* writes the same kind of answers for this topic, so (as before) it's just really hard to stand out.
Title: Re: VCE Legal Studies Question Thread
Post by: cer0010 on November 01, 2017, 12:16:12 pm
Should you mention statutory interpretation in questions regarding the Doctrine of Precedent?
Title: Re: VCE Legal Studies Question Thread
Post by: jasontran11 on November 01, 2017, 08:56:39 pm
Hey guys, could someone explain to me the difference between Structural Protection and Implied Rights? I'm confused because I know both indirectly protect people's rights.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 01, 2017, 09:46:00 pm
Should you mention statutory interpretation in questions regarding the Doctrine of Precedent?
Hey!

I wouldn't say that it is necessary. Statutory interpretation is just one of the ways that a new principle of law is established (apart from a novel case arising). The bulk of your answer will be focussing on judges' ability to make law, the operation of the doctrine, flexibilities, confines, eg. Obviously this would not be the case if the question was specific to statutory interpretation (reasons/effects). Hope this helps  :)

Hey guys, could someone explain to me the difference between Structural Protection and Implied Rights? I'm confused because I know both indirectly protect people's rights.
Hey!

Well an implied right is quite literally inferred by the words in the Constitution. We only have one in Australia- Freedom of political communication. Thus, we have the right to freely express our concerns pertaining political and governmental matters. So to clarify: Implied rights are not explicitly stated in the Constitution.

So by contrast, structural protections are the systems, structures of mechanisms that are found directly in the Constitution (whose establishment indirectly protects rights). For example, section 7 and section 24 respectively state that Senators and members of the House of Representatives ought to be directly elected by the people. These are explicit. Further examples include the establishment of the High Court, Bicameral System, Representative Government and the Separation of Powers.

Hence, while implied are inexplicit, structural rights are explicit. Implied rights are, in a sense directly protecting Australians (but in a vague sense), while structural rights are indeed indirectly protecting Australians (for it is their overarching structure that promotes justice).

Hopefully this helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on November 02, 2017, 09:27:58 am
just wondering if we include examples that are from overseas would this be acceptable in the exam?
for example the donough vs stevenson case for negligence law and when explaining nominal damages speak of taylor swifts' recent case.
its not necessary and i wasnt really planning on including these examples but just a tad curious ;)
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on November 02, 2017, 09:39:10 am
Hey guys, could someone explain to me the difference between Structural Protection and Implied Rights? I'm confused because I know both indirectly protect people's rights.
well just to add...
implied rights are intended by the constitution and or the founders of the constitution in 1901 but not necessarily clearly or explicitly stated in the constitution.

whereas, as clarke said, structural protections are protected by the structure and systems of the legal system set up in the constitution, which allow for check and balances of power within the legal system. through separation of powers, responsible and representative gov etc.

Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 02, 2017, 01:58:29 pm
just wondering if we include examples that are from overseas would this be acceptable in the exam?
for example the donough vs stevenson case for negligence law and when explaining nominal damages speak of taylor swifts' recent case.
its not necessary and i wasnt really planning on including these examples but just a tad curious ;)


Hi there!
You can definitely use Donoghue v Stevenson as an example, as Australia's Legal System stems from the UK System - and also (and especially) because many principles of law derived from cases (case/common law) are still applied in Australia - including Donoghue v Stevenson.

Regarding Taylor Swift's recent case - that would be a good example of nominal damages; however, I definitely think you'd be better off using an Australian example.

Best of luck!
Title: Re: VCE Legal Studies Question Thread
Post by: madic on November 06, 2017, 10:55:04 am
Would it be okay to use examples of HC interpretation when discussing statutory interpretation? (Unit 3 AOS3, that is)
I just find myself wanting to use something like Brislan to describe the need for statutory interpretation.
Should I just be using non-Constitutional interpretation for this AOS though?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2017, 01:16:20 pm
Would it be okay to use examples of HC interpretation when discussing statutory interpretation? (Unit 3 AOS3, that is)
I just find myself wanting to use something like Brislan to describe the need for statutory interpretation.
Should I just be using non-Constitutional interpretation for this AOS though?

I don't think it's a great idea to use the same example in multiple answers across the paper - other than that, as long as it's correct :) (And HCA interp of the Constitution is statutory interp)
Title: Re: VCE Legal Studies Question Thread
Post by: nice! on November 06, 2017, 07:53:13 pm
Hey, does anyone know how to explain the impact on the division of law-making powers from a referral of powers?? Usually I just write that the Commonwealth's powers are broadened, however it is unclear whether the states' powers are decreased as the referred power may now be regarded as either a concurrent or exclusive power. Is this okay or does VCAA want to see something else specifically ?
Thanks in advance !
Title: Re: VCE Legal Studies Question Thread
Post by: amandajostolio on November 06, 2017, 08:15:49 pm
Hey, does anyone know how to explain the impact on the division of law-making powers from a referral of powers?? Usually I just write that the Commonwealth's powers are broadened, however it is unclear whether the states' powers are decreased as the referred power may now be regarded as either a concurrent or exclusive power. Is this okay or does VCAA want to see something else specifically ?
Thanks in advance !

Hey! once state parliaments refer an area of residual power, they no longer can exercise in that certain area they have given to commonwealth meaning it is not concurrent rather it is exclusive. This is why states are generally reluctant in referring there power as it increases Commonwealth parliaments law-making powers at the expense of state parliament/s.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 06, 2017, 08:18:21 pm
The constitutional division of powers doesn't change, but the division in practice does. That's because the referred power remains residual - but the Commonwealth has the ability to use the power, within the terms of the referral act, as though it were concurrent. The power doesn't actually become constitutionally concurrent, though, because the Commonwealth can't use it for other states or outside the terms of the referral act; the state can also theoretically revoke the referral act and take the power back. The power is only 'exclusive' insofar as the state has voluntarily offered to stop legislating; so, not exclusive. It would be interesting to see the way the HCA would apply s109 questions, actually - because the state could in theory just amend the referral act to get rid of the inconsistency.

With referral, one of the interesting things is the amount of technicalities we haven't had proper HCA precedent on.
Title: Re: VCE Legal Studies Question Thread
Post by: cer0010 on November 09, 2017, 07:04:59 pm
Should I mention juries when discussing Judicial determanation? EG when describing the outcome do  I write 'either the judge or jury gives a verdict, which is binding.'
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 09, 2017, 08:12:20 pm
You absolutely can, if you like - it's correct. But juries are only used in about 0.15% of matters finalised and most people don't say it, so I can't imagine it'd be compulsory.
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on November 10, 2017, 09:16:42 am
hi can someone help me with the short question here?
Identify and explain the stage of the legislative process of a bill through parliament where amendments are most likely to be made.
could i use the consideration in detail stage or would it be better to say the second or third reading?

thankyou
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 10, 2017, 01:15:45 pm
What are your descriptions for each of those stages? If you have correct descriptions, that should give you the answer.
Title: Re: VCE Legal Studies Question Thread
Post by: madic on November 10, 2017, 01:43:30 pm
Can appeals from VCAT only be heard on a point of law?
My notes are contradicting themselves - saying the above, but that, when heard by the President or Vice-President of VCAT, it can be appealed to the Court of Appeal on point of law, question of fact, or amount of damages.
Really needing clarification :)
Title: Re: VCE Legal Studies Question Thread
Post by: accoleg on November 10, 2017, 10:51:45 pm
Can appeals from VCAT only be heard on a point of law?
My notes are contradicting themselves - saying the above, but that, when heard by the President or Vice-President of VCAT, it can be appealed to the Court of Appeal on point of law, question of fact, or amount of damages.
Really needing clarification :)
From my understanding, cases from VCAT can only be appealed on a point of law. The decision of a VCAT member would be heard in the Supreme Court (Trial Div), and the decision of a President or Vice President in the Court of Appeals, but only on a point of law.
Title: Re: VCE Legal Studies Question Thread
Post by: jasontran11 on November 11, 2017, 03:35:57 pm
What are some good 10 marker questions related to the way Australia's approach in protecting rights is different to another country's approach in protecting rights?

I haven't found any good ones so far. Most of them are less than 6 marks.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 11, 2017, 03:55:22 pm
What are some good 10 marker questions related to the way Australia's approach in protecting rights is different to another country's approach in protecting rights?

I haven't found any good ones so far. Most of them are less than 6 marks.

Hello!

2007 has a good 8 marker for this topic. This combines a comparison (of Australia and another country) and an evaluation of Australia's approach to protecting rights. I think it's fairly safe to say that VCAA will never have a 10 marker dedicated to only a comparison. They will merge different area of studies, which oftentimes results in an evaluation of varying aspects.
Title: Re: VCE Legal Studies Question Thread
Post by: badnboujee on November 11, 2017, 04:15:26 pm
Hi! I was wondering if we had to know any case examples of precedent? Eg donoghue vs stevenson
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 11, 2017, 04:21:10 pm
Hi! I was wondering if we had to know any case examples of precedent? Eg donoghue vs stevenson

It is definitely helpful to have a few up your sleeve. Other examples can include-

Mabo decision (native title)- great illustration of a test case, evolution of a point of law.
Kevin + Jennifer- statutory interpretation

I'd also recommend (if may not be necessary) that you find some examples of overruling, distinguishing, reversing or disapproving.
Title: Re: VCE Legal Studies Question Thread
Post by: stunner05 on November 11, 2017, 08:33:07 pm
hey guys so the legal exam is in a few days and i just needed to clarify one thing.
textbooks say that it is the senates role to make laws. what does that mean? when making laws don't both houses bc it needs to pass both of them. haha just a little stuck
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 11, 2017, 09:06:34 pm
hey guys so the legal exam is in a few days and i just needed to clarify one thing.
textbooks say that it is the senates role to make laws. what does that mean? when making laws don't both houses bc it needs to pass both of them. haha just a little stuck

Hello!

Well yes, both houses work together to pass a law. Oftentimes, it will be the House of Representatives who'll initiate bills (given that government holds a majority here). A large part of the Senate's role in the law making process is to scrutinise, amend and review (though this can be limited for various reasons: voting on party lines, blocking bills for the sake of blocking if the opposition is dominant, etc).

If this isn't clear, please let me know :)
Title: Re: VCE Legal Studies Question Thread
Post by: pmmenotes on November 11, 2017, 11:59:49 pm
Hey guys how do you do an analyse question? Im doing the 2013 paper and dont know how to approach it.
Question 12 (8 marks)
Using one successful referendum and one High Court case, analyse the impact of referendums and the High Court’s interpretation of the Commonwealth Constitution on the division of law-making powers.
 Thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 12, 2017, 08:40:05 pm
Analyse just means to make subjective arguments: big, small; good, bad; effective, ineffective; easy, hard; etc.
Title: Re: VCE Legal Studies Question Thread
Post by: lowkeyloco11 on November 12, 2017, 09:19:28 pm
Hi! Do we have know a case example eg abortion for the Victorian law reform commission ?
Title: Re: VCE Legal Studies Question Thread
Post by: accoleg on November 13, 2017, 01:55:59 am
Hi! Do we have know a case example eg abortion for the Victorian law reform commission ?
They won't expressly ask you for one, but given that contemporary examples are in the key skills for AOS 1 I think it'd definitely be beneficial, particularly if you get a 4+ mark question on the VLRC
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on November 13, 2017, 09:24:03 am
may i just ask what vcaa means by 'recent examples'? within 5 years? more? less?

thankyou
Title: Re: VCE Legal Studies Question Thread
Post by: pmmenotes on November 13, 2017, 12:54:23 pm
Within 5 years max :)
Title: Re: VCE Legal Studies Question Thread
Post by: chantelle.salisbury on November 13, 2017, 01:38:19 pm
Within 5 years max :)
ok thankyou,...
and its it a necessity to be putting examples in the 10marker?
Title: Re: VCE Legal Studies Question Thread
Post by: cer0010 on November 13, 2017, 07:14:09 pm
Is the Commonwealth parliaments use of the Australian Bureau of Statistics for the same sex marriage survey a good example of parliament having resources?
Title: Re: VCE Legal Studies Question Thread
Post by: accoleg on November 14, 2017, 10:26:10 am
Quick point of clarification before tomorrow’s exam, whilst petitions are tabled in parliament by the relevant minister, is the relevant minister obliged to respond?
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 14, 2017, 10:48:49 am
Quick point of clarification before tomorrow’s exam, whilst petitions are tabled in parliament by the relevant minister, is the relevant minister obliged to respond?
Hey!

Could you clarify what you mean in terms of "obliged to respond?" Do you mean are they compelled to present it before parliament?
Title: Re: VCE Legal Studies Question Thread
Post by: accoleg on November 14, 2017, 12:44:33 pm
Hey!

Could you clarify what you mean in terms of "obliged to respond?" Do you mean are they compelled to present it before parliament?

According to my teach, obliged to respond, as in, obligated to send a reply to instigator of the petition
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 14, 2017, 12:53:35 pm
According to my teach, obliged to respond, as in, obligated to send a reply to instigator of the petition

Here is a good excerpt from the Parliament of Australia, which outlines the details of a petition and the dealings between the instigator and responsible member. https://www.aph.gov.au/Parliamentary_Business/Petitions/House_of_Representatives_Petitions

Although it's great to know, I wouldn't spend too much time obsessing over this fact. It is not critical to a discussion of petition proceedings, or an evaluation of it.
Title: Re: VCE Legal Studies Question Thread
Post by: badnboujee on November 14, 2017, 05:19:54 pm
Hey! I’m slightly confused on what we must know for the last few study dot points including problems/difficulties faced by an individuals, recent changes and recommendations for change, elements of an effective legal system ?
Title: Re: VCE Legal Studies Question Thread
Post by: Ameliajanem on November 14, 2017, 05:46:53 pm
Hey! I’m slightly confused on what we must know for the last few study dot points including problems/difficulties faced by an individuals, recent changes and recommendations for change, elements of an effective legal system ?

Basically - what are some difficulties faced by people when they try to access the legal system, and how do they relate to the 3 elements of an effective legal system (Fair and Unbiased Hearing, Effective Access to the Legal System and a Timely Resolution of Disputes) ? I have studied 3 problems and difficulties - the problems faced by Indigenous Australians that prevent them from achieving a fair and unbiased hearing eg racism, the cost of legal proceedings such as legal fees inhibiting effective access to the legal system and delays affecting a timely resolution of disputes. Following on from that, link each difficulty to a reform and recommendation for change that seeks to combat the problem (reforms having occured within the last 5 years MAX)

So for Indigenous Australians - the extension of the Koori Court to the County Court in 2013. A recommendation may be extending the Koori Court to the Supreme Court.
Cost of legal proceedings - Legal Aid changes in 2014 that aimed to allow the most vulnerable people in the Family Court to access legal representation at trials. A recommendation could be a public defenders scheme recommended by the VLRC.
Delays - The Jury Directions Act of 2013 that aimed to simplify judges directions to the jury to prevent delays. appeals and retrials. A recommendation could be the extension of court hours including breakfast courts, weekend courts and night courts, suggested by former Attorney General Rob Hulls.
Title: Re: VCE Legal Studies Question Thread
Post by: Triple choc fudge on November 14, 2017, 05:50:24 pm
Could someone please give me a bit of clarification....with the court jurisdictions does the supreme court trial division hear any appeals?? Or do appeals go straight from county to supreme court of appeals?? Thanks very much!!!
Title: Re: VCE Legal Studies Question Thread
Post by: Ameliajanem on November 14, 2017, 05:53:26 pm
Could someone please give me a bit of clarification....with the court jurisdictions does the supreme court trial division hear any appeals?? Or do appeals go straight from county to supreme court of appeals?? Thanks very much!!!

The Supreme Court (Trial Division) hears appeals in criminal cases on points of law from the Magistrates Court, and hears civil appeals on points of law from VCAT (except in hearings presided over by the President or Vice President) and the Magistrates Court
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 14, 2017, 05:57:33 pm
Could someone please give me a bit of clarification....with the court jurisdictions does the supreme court trial division hear any appeals?? Or do appeals go straight from county to supreme court of appeals?? Thanks very much!!!

Yes. The appellate jurisdiction of the Supreme Court Trial Division concerns itself with matters on points of law (civil/criminal) from either the Magistrate's Court or from VCAT. Any matters that are appealed from the County Court will go straight to the Supreme Court (Court of Appeal).
Title: Re: VCE Legal Studies Question Thread
Post by: Ameliajanem on November 14, 2017, 06:01:20 pm
No matter how hard I'm trying civil pre-trial procedures will not stick in my head - anyone got any tips?
Title: Re: VCE Legal Studies Question Thread
Post by: TRA0023 on November 14, 2017, 06:08:49 pm
Does anyone have good examples for recent changes to the legal system? I only have bail and remand changes :(
Title: Re: VCE Legal Studies Question Thread
Post by: Ameliajanem on November 14, 2017, 06:12:35 pm
Does anyone have good examples for recent changes to the legal system? I only have bail and remand changes :(

See my reply on the last page - basically extension of the Koori Court (2013 following 4 year pilot), Legal Aid changes in 2014 and Jury Directions Act 2013
Title: Re: VCE Legal Studies Question Thread
Post by: TRA0023 on November 14, 2017, 06:16:54 pm
No matter how hard I'm trying civil pre-trial procedures will not stick in my head - anyone got any tips?

This may not help, but this is know i remember it:
Pleadings = claims & defences
Discovery = evidence & facts
Direction hearings = orders & instructions

Of course you would need to expand and stuff but trigger words are lit!
Title: Re: VCE Legal Studies Question Thread
Post by: Ameliajanem on November 14, 2017, 06:20:31 pm
This may not help, but this is know i remember it:
Pleadings = claims & defences
Discovery = evidence & facts
Direction hearings = orders & instructions

Of course you would need to expand and stuff but trigger words are lit!

Holy moly thats helpful! Thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: ooft on November 14, 2017, 08:07:50 pm
Quick question. Does VCAT still count as "judicial determination"?
Title: Re: VCE Legal Studies Question Thread
Post by: ontera76 on November 14, 2017, 08:17:16 pm
might be a bit niche, but could someone please sum up similarities/differences between australia and south africa in terms of their constitutional approaches to protection of rights? :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on November 14, 2017, 08:25:53 pm
Just read one of the past Assessor Reports where the Chief Assessor went through for every comparison.
Title: Re: VCE Legal Studies Question Thread
Post by: TRA0023 on November 14, 2017, 08:39:19 pm
Quick question. Does VCAT still count as "judicial determination"?

When presided over by Vice President or president
Title: Re: VCE Legal Studies Question Thread
Post by: cer0010 on November 14, 2017, 08:42:58 pm
might be a bit niche, but could someone please sum up similarities/differences between australia and south africa in terms of their constitutional approaches to protection of rights? :)
Similarity- Both have express rights
Difference- Australia only has 5 they have BOR
Similarity- FUlly enforced by the courts
Difference- their court can give remedies and cases can be bought forward in the public interence
Differncee- their rights have a limitation clause
Similarity- structures
Title: Re: VCE Legal Studies Question Thread
Post by: legalstudies17. on November 14, 2017, 08:53:22 pm
Does anyone know how to tackle this question.

Question 13 (10 marks)
Discuss the ability of parliament to change the law. In your answer, provide one recent example of an individual or group in uencing legislative change.
Title: Re: VCE Legal Studies Question Thread
Post by: Springyboy on November 14, 2017, 09:05:42 pm
Does anyone know how to tackle this question.

Question 13 (10 marks)
Discuss the ability of parliament to change the law. In your answer, provide one recent example of an individual or group in uencing legislative change.

Is that the 2015 VCAA? If so, I can help you out as that was my 10 marker :)
Title: Re: VCE Legal Studies Question Thread
Post by: Ameliajanem on November 14, 2017, 10:57:14 pm
Does anyone know how to tackle this question.

Question 13 (10 marks)
Discuss the ability of parliament to change the law. In your answer, provide one recent example of an individual or group in uencing legislative change.

So basically you are looking for what ability parliament has to change the law, and what limitations are placed on it. A good way to structure it is to provide a way parliament can make law, and a corresponding limitation. So for example, parliament is the supreme law making body, and can make law at any time it is sitting about any issue it wishes. However, parliament is not always sitting. Parliament can also make law that is representative of the people, as it is elected by the people. (You can bring in an example here of how individuals and groups have influenced change in the law - so for example, I used the petition tabled in 2016 by the Greens which called for a ban on plastic bags, implemented in 2017). However, it may also be reluctant to make law in controversial issues due to fear of voter backlash.

And so on and so forth with various abilities and limitations. That's how I tackled it anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: kupus on November 15, 2017, 10:29:01 am
HEY GUYS super late question but..... If there was a question asking about how you can change the meaning of the constitution are you restricted to High Court interpretations? Or can you also refer to a referendum and referral of powers?
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 15, 2017, 11:14:34 am
HEY GUYS super late question but..... If there was a question asking about how you can change the meaning of the constitution are you restricted to High Court interpretations? Or can you also refer to a referendum and referral of powers?

Hi there,

Good question!
I'd say that, since changing the wording of the Constitution via referendum and the referral of powers still technically change the meaning of the Constitution, you aren't restricted to talking purely about High Court interpretations. However, since High Court interpretations are the main way in which the meaning of the Constitution is changed/determined (without changing the wording of the Constitution), I would probably try and make it the focus of my answer.

(There is also a fair bit of ambiguity regarding the referral of powers, so whether it actually changes the meaning of the Constitution is possibly debatable).

Best of luck!
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on November 27, 2017, 09:02:01 pm
Hello, I'm having trouble differentiating between the principles of justice, specifically fairness and equality. I can't seem to get the right words to describe what makes them different.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 27, 2017, 09:47:40 pm
Hello, I'm having trouble differentiating between the principles of justice, specifically fairness and equality. I can't seem to get the right words to describe what makes them different.

Hi there! Welcome to ATAR Notes :)
Basically, 'fairness' focuses on legal processes, systems and institutions being fair and unbiased, and all parties receiving an impartial and unbiased hearing. Whilst 'equality' focuses more so on all people being treated equally before the law, regardless of factors such as age, race or gender; and on people having an equal opportunity to present their cases.

Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on November 29, 2017, 11:45:41 am
Hi there! Welcome to ATAR Notes :)
Basically, 'fairness' focuses on legal processes, systems and institutions being fair and unbiased, and all parties receiving an impartial and unbiased hearing. Whilst 'equality' focuses more so on all people being treated equally before the law, regardless of factors such as age, race or gender; and on people having an equal opportunity to present their cases.

Hope that helps!

Thanks for the help! I hope that I can remember to make use of this website as a resource.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on November 30, 2017, 04:25:01 pm
Thanks for the help! I hope that I can remember to make use of this website as a resource.

I honestly could not recommend that you use ATAR Notes enough!! There are heaps of extremely kind and intelligent people on ATAR Notes who are more than happy to give you a hand. I used ATAR Notes throughout all of my VCE and found it to be extremely helpful! :)
Title: Re: VCE Legal Studies Question Thread
Post by: zuleika on January 26, 2018, 06:49:58 pm
How would you answer this question: 'Provide five tips on how to achieve the best possible outcome from a criminal proceeding (in regards to the accused). I think it is supposed to relate back to the principles of justice.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on January 26, 2018, 08:01:43 pm
How would you answer this question: 'Provide five tips on how to achieve the best possible outcome from a criminal proceeding (in regards to the accused). I think it is supposed to relate back to the principles of justice.
Is this straight out, copy-pasted from your source? If it is, then this part: "(in regards to the accused)" is really confusing for me! Sorry if it's actually simple and then I'm confused, but I interpret this as 2 different things:
1. Are we giving tips for the defendant in order to help them get their desired sentence?
2. Are we giving tips to the magistrate/ judge so that they can sanction a just punishment?

So if we're giving tips to the accused, I'd say:
- Ask the prosecution for a hand-up brief during the committal hearing, so that the offender knows what charges that the prosecution is accusing them of. Asking for a hand-up brief will mean that they can try and defend some of the charges and their lawyer can negotiate with the prosecution, in the hope that they can receive a less severe sentence
- Don't try to do your own research. The court system has its own complex language, and unless you are well-versed in it, you may actually do more harm than good by trying to tackle your own research. Let your lawyer research the case.
- Don't compare your case with other, similar cases. Each case is entirely unique, and one case generally has nothing to do with another case, no matter how similar they initially may seem
- Tell your lawyer what you would like to see him or her doing regarding your case, and share any ideas you might have. Sometimes clients have ideas that lawyers might not think of because the client is so close to the circumstances that led to the charges. A collaborative experience with your lawyer will serve the offender best.

Hope this gives some direction to the question, but more than happy to be rectified by people :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 28, 2018, 09:53:30 am
Is this straight out, copy-pasted from your source? If it is, then this part: "(in regards to the accused)" is really confusing for me! Sorry if it's actually simple and then I'm confused, but I interpret this as 2 different things:
1. Are we giving tips for the defendant in order to help them get their desired sentence?
2. Are we giving tips to the magistrate/ judge so that they can sanction a just punishment?

I think it's just asking for advice for the accused on how to run their case. Keep in mind that the question is really only there to get out of you what you've learned from the course - it's not asking for actual advice you might give someone. So, just go through the Study Design and link each dot-point bit of content to something the accused should know or keep in mind (if that dot-point is relevant; most in U3 AOS1 will be). The point is to show you learnt AOS1, and to link that learning basically back to an accused person.
Title: Re: VCE Legal Studies Question Thread
Post by: zuleika on January 28, 2018, 05:34:11 pm
Is this straight out, copy-pasted from your source? If it is, then this part: "(in regards to the accused)" is really confusing for me! Sorry if it's actually simple and then I'm confused, but I interpret this as 2 different things:
1. Are we giving tips for the defendant in order to help them get their desired sentence?
2. Are we giving tips to the magistrate/ judge so that they can sanction a just punishment?

So if we're giving tips to the accused, I'd say:
- Ask the prosecution for a hand-up brief during the committal hearing, so that the offender knows what charges that the prosecution is accusing them of. Asking for a hand-up brief will mean that they can try and defend some of the charges and their lawyer can negotiate with the prosecution, in the hope that they can receive a less severe sentence
- Don't try to do your own research. The court system has its own complex language, and unless you are well-versed in it, you may actually do more harm than good by trying to tackle your own research. Let your lawyer research the case.
- Don't compare your case with other, similar cases. Each case is entirely unique, and one case generally has nothing to do with another case, no matter how similar they initially may seem
- Tell your lawyer what you would like to see him or her doing regarding your case, and share any ideas you might have. Sometimes clients have ideas that lawyers might not think of because the client is so close to the circumstances that led to the charges. A collaborative experience with your lawyer will serve the offender best.

Hope this gives some direction to the question, but more than happy to be rectified by people :)


Thank you! I think I can make use of your tips even though I am even a little confused about the question. I didn't copy-past the Q, I was trying to give context so I added the 'in regards to the accused' part. It's from the VCE legal studies website. It's a broshure for the accused - http://www.vcaa.vic.edu.au/Pages/vce/adviceforteachers/legalstudies/unit3-areastudy1.aspx . It's at the bottom of the page. Everything in the broshure is meant to relate to the Principles of Justice and the key concepts in the Victoria Criminal Justice System (so basically the first two dot poitns in the U3 AOS1 SD).
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on January 28, 2018, 05:37:23 pm
Thank you! I think I can make use of your tips even though I am even a little confused about the question. I didn't copy-past the Q, I was trying to give context so I added the 'in regards to the accused' part. It's from the VCE legal studies website. It's a broshure for the accused - http://www.vcaa.vic.edu.au/Pages/vce/adviceforteachers/legalstudies/unit3-areastudy1.aspx . It's at the bottom of the page. Everything in the broshure is meant to relate to the Principles of Justice and the key concepts in the Victoria Criminal Justice System (so basically the first two dot poitns in the U3 AOS1 SD).
Yeah, all right! :)
Thanks for reminding me of this link!!  ;)
Title: Re: VCE Legal Studies Question Thread
Post by: zuleika on January 28, 2018, 05:46:09 pm
I think it's just asking for advice for the accused on how to run their case. Keep in mind that the question is really only there to get out of you what you've learned from the course - it's not asking for actual advice you might give someone. So, just go through the Study Design and link each dot-point bit of content to something the accused should know or keep in mind (if that dot-point is relevant; most in U3 AOS1 will be). The point is to show you learnt AOS1, and to link that learning basically back to an accused person.

Thank you so much! That makes so much more sense now.
Title: Re: VCE Legal Studies Question Thread
Post by: annabeljoesp on February 09, 2018, 02:04:35 pm
Just a homework question really could use some help!!

1. Is the same sex marriage law enforceable in Australia
2. Is the same sex marriage law stable
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on February 09, 2018, 03:54:40 pm
Just a homework question really could use some help!!

1. Is the same sex marriage law enforceable in Australia
2. Is the same sex marriage law stable

Hey there!

Just to clarify, are those questions for VCE Legal Studies? :)
And to answer your questions:
1) Yes, same-sex marriage is now legal in Australia; i.e. marriage in Australia is legally defined as 'the union of two people to the exclusion of all others, voluntarily entered into for life.' From this definition, you can see that it does not matter whether the two people are of the same, or opposite sex.
2) I would argue that the same-sex marriage law is very stable. I say this because the postal survey showed that the majority of voters support same sex marriage; and since the job of Parliament is to represent the views of the people, it would be illogical for Parliament to overturn a law which is supported by the majority of Australians. Additionally, even if there is a change of government at the next election, the opposition support same sex marriage, and therefore would almost certainly not overturn the law.
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on February 10, 2018, 06:53:18 pm
Hey guys,
How do the rights of an accused (being tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury) impact on the principles of justice?
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: addictwithatextbook on February 10, 2018, 09:21:29 pm
Hey guys,
How do the rights of an accused (being tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury) impact on the principles of justice?
Thanks!

This! I'm not entirely sure, but I'll try because it might help me
The right to be tried without unreasonable delay on: access - optimal time for the prosecution and the accused to pursue their case in court; equality - all accused is being treated equally by having this right; fairness - noone is at a disadvantage by being held in remand unnecessarily (unfair to their right of freedom like serving a prison sentence for no valid reason)
The right to a fair hearing: access - a fair and impartial judge as well as a public hearing allows a way for charges to be heard fairly and people to see criminal justice system happening; equality - all accused should have a professional and impartial judge to hear their case; fairness - a fair judge (impartial) and a public hearing (can see all the trial processes and scrutinise if done unfairly) does not allow favouritism and discrimination to occur
The right to trial by jury: access - to be determined guilty beyond reasonable doubt or not guilty by another means through peers is another way for access...?; equality - all accused of an indictable offence have the right to trial by jury; fairness - to be judged by an impartial jury does not allow favouritism and discrimination to occur
Is this right? I'm highly sure some points are incorrect or need to be expanded on, as the points (especially equality) are quite similar and true for almost any right
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on February 11, 2018, 07:45:42 pm
Hello!

I was wondering with regards to the rights of a victim in a sexual assault case. Are witnesses able to give evidence through a recording so they don't have to attend the trial?
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on February 11, 2018, 07:49:14 pm
From what I’ve learnt so far, there are measures in place so that vulnerable victims don’t have to physically be in court to give evidence. Their evidence is given through CCTV (closed circuit television) so that they do not have to face offenders. This still allows the defence to cross examine the witness. There are certain cases where cross examining a witness is not allowed but I am not sure if evidence is allowed to be simply be given through a prerecorded video.
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on February 11, 2018, 07:54:55 pm
Hello!

I was wondering with regards to the rights of a victim in a sexual assault case. Are witnesses able to give evidence through a recording so they don't have to attend the trial?

In conjunction with what Lear has already mentioned, you may find this article from The Age worthy of some consideration. From what I've surmised, victim collaboration (in a physical sense) is, to some extent, still required in our courts.
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on February 12, 2018, 10:58:44 pm
This! I'm not entirely sure, but I'll try because it might help me
The right to be tried without unreasonable delay on: access - optimal time for the prosecution and the accused to pursue their case in court; equality - all accused is being treated equally by having this right; fairness - noone is at a disadvantage by being held in remand unnecessarily (unfair to their right of freedom like serving a prison sentence for no valid reason)
The right to a fair hearing: access - a fair and impartial judge as well as a public hearing allows a way for charges to be heard fairly and people to see criminal justice system happening; equality - all accused should have a professional and impartial judge to hear their case; fairness - a fair judge (impartial) and a public hearing (can see all the trial processes and scrutinise if done unfairly) does not allow favouritism and discrimination to occur
The right to trial by jury: access - to be determined guilty beyond reasonable doubt or not guilty by another means through peers is another way for access...?; equality - all accused of an indictable offence have the right to trial by jury; fairness - to be judged by an impartial jury does not allow favouritism and discrimination to occur
Is this right? I'm highly sure some points are incorrect or need to be expanded on, as the points (especially equality) are quite similar and true for almost any right

Thank you sososo much!! This helped me heaps :-))
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on February 13, 2018, 10:18:06 am
In conjunction with what Lear has already mentioned, you may find this article from The Age worthy of some consideration. From what I've surmised, victim collaboration (in a physical sense) is, to some extent, still required in our courts.

Just wanted to say thanks for the article. Thanks to Lear as well, this really did help me out.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 16, 2018, 07:39:32 pm
Hello everyone :)

Could you guys check if I've got my brief answers correct for the questions below about vulnerable offences?

For each of the scenarios below, state whether each of the witnesses is entitled to the protections they seek.

a   Darryl saw Alice disturbing a place of religious worship, which is a summary offence. Darryl has been called as a witness and he wants to give evidence by way of closed-circuit television.
No, Darryl will not be entitled to give evidence by way of CCTV because he is giving evidence for a summary offence whereas vulnerable witnesses are recognised for offences such as sexual assault, family violence or indictable offences involving assault on or injury or threat of injury to a person. Question: can you give evidence as a vulnerable witness for a summary offence?
Also, (if evidence is allowed to be given as a vulnerable witness for a summary offence), unless Darryl is under 18 years old or has a cognitive impairment or unless the court considers him to be vulnerable, he will not be able to give evidence through CCTV. It will have to be in public.

b   Amanda is a witness for the prosecution in a proceeding where Samantha has been charged with singing an obscene song (the offence of using obscene, indecent, threatening language or behaviour). Amanda wants to be declared a protected witness, and she wants her mother by her side while she is giving evidence.
if the offence of obscene, indecent, threatening language or behaviour was in public then Amanda will be able to have her mother by her side while giving evidence. However, she cannot be declared as a protected witness, as the crime for which she is giving testimony is not a sexual offence or family violence offence, for which protected witnesses can be declared.

c   Anita has been charged with rape. The complainant is 15 years of age and wants a special hearing at which to give evidence. The complainant also does not want the accused to cross-examine her.
Yes, the complainant who is filing the case against Anita (is this the correct definition of a complainant? person who 'complains' about the accused?) is automatically given provisions when giving evidence, as this is a sexual offence (rape) case.

d   Anis witnessed a murder, for which Andrew has been charged. Anis does not want any legal practitioners formally robed while he is giving evidence.
Only if Anis is under 18 and has a cognitive impairment, he has protections. But the court won't necessarily allow for lawyers to not be formallyrobed while he's giving evidence, as this is not a sexual offence, family violence or obscene or indecent offence case. Lawyers not being formally robed is an alternative arrangement for those types of cases only.

e   Harriet is the complainant in a family violence case. She agrees to be in the courtroom when she gives evidence, but she doesn’t want to see the accused when she does so.
Yes, amongst the protections that the court allows for complainants in a family violence case, there is an alternative arrangement to allow only certain persons to be present when evidence is given. The court is likely to disallow the accused to be in court, to avoid Harriet feeling intimidated by the accused whilst giving evidence in court.

I'd really love if people looked over this and gave me any of their thoughts on how they'd approach it!
I wasn't sure about the bolded and red questions, so if anyone knows how to clarify, even amazing !! :)

Thanks guys :) Really appreciate your help !
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 04:53:45 pm
Hi guys,

Would really really appreciate it if anyone can answer just these two questions:

1. Can you give evidence as a vulnerable witness for a summary offence?

2. In Victoria, all indictable offences are heard by a jury (when the accused pleads guilty). But other states accused can apply to have a case heard by judge alone. WHY?? (Has this got something to do with the Constitution?)

Thank you so much, guys!!
Would really love a response !!

Title: Re: VCE Legal Studies Question Thread
Post by: Lear on February 17, 2018, 05:23:27 pm

Could you guys check if I've got my brief answers correct for the questions below about vulnerable offences?


Chapter 3.5 Questions I see  8)
I was waiting for someone more knowledgeable than me to answer but since no one has i'll just put my two cents in.
I got very similar responses to you just with some wording differences. I believe it is important to outline what conditions must be met for specific protections (page 67 textbook) as you have perfectly shown. Overall your responses are likely to be given full marks if this was an exam/sac question. I highly doubt questions like these would be more than 3-4 marks. Split into something like
1 mark - Identifying indictable/summary
1 mark - Identifying correct requirements for protection
1 mark - correct answer.

As for your question on vulnerable witnesses in summary cases, I do not think that any summary offences are strong enough to warrant a witness being classified as vulnerable. The types of cases where the victim needs protecting are probably mostly heard in County/Supreme court and are therefore indictable offences. Quick disclaimer - This is just my understanding and may not be correct. Unfortunately I haven't been able to find anything online regarding this. Good question!

I think the word complainant may be used incorrectly in the textbook. Looking at some cases online I haven't been able to find any documents referring to a 'complainant' Except for sexual offence cases such as http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html and http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html
Since this question refers to a case regarding a sexual offence, I think it is safe to refer to the victim as complainant. However, I am not sure if it right to do that outside of these such cases. In Civil Cases, however, the plaintiff is sometimes referred to as complainant.

I am not too sure on the question about other states but I think this would be outside the VCE 3/4 Legal Studies course.
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on February 17, 2018, 05:27:11 pm
Hi guys,

Would really really appreciate it if anyone can answer just these two questions:

1. Can you give evidence as a vulnerable witness for a summary offence?

2. In Victoria, all indictable offences are heard by a jury (when the accused pleads guilty). But other states accused can apply to have a case heard by judge alone. WHY?? (Has this got something to do with the Constitution?)

Thank you so much, guys!!
Would really love a response !!



Hi there!

1) I would believe so, yes. Whilst this is probably quite uncommon for victims of crime (seeing as summary offences are less serious and usually less violent), I would imagine that children, those with intellectual disabilities, etc. could still give evidence as vulnerable witnesses in summary offence proceedings.
2) There is nothing in the Victorian Constitution regarding trial by jury; and the Commonwealth Constitution only guarantees the right to trial by jury for indictable Commonwealth offences. So to the best of my knowledge, it doesn't have anything to do with the Constitution. I'd say it just comes down to different states having different laws; although each approach would have its own pros and cons.

Hope this helps!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 06:29:44 pm
Chapter 3.5 Questions I see  8)
I was waiting for someone more knowledgeable than me to answer but since no one has i'll just put my two cents in.
I got very similar responses to you just with some wording differences. I believe it is important to outline what conditions must be met for specific protections (page 67 textbook) as you have perfectly shown. Overall your responses are likely to be given full marks if this was an exam/sac question. I highly doubt questions like these would be more than 3-4 marks. Split into something like
1 mark - Identifying indictable/summary
1 mark - Identifying correct requirements for protection
1 mark - correct answer.

As for your question on vulnerable witnesses in summary cases, I do not think that any summary offences are strong enough to warrant a witness being classified as vulnerable. The types of cases where the victim needs protecting are probably mostly heard in County/Supreme court and are therefore indictable offences. Quick disclaimer - This is just my understanding and may not be correct. Unfortunately I haven't been able to find anything online regarding this. Good question!

I think the word complainant may be used incorrectly in the textbook. Looking at some cases online I haven't been able to find any documents referring to a 'complainant' Except for sexual offence cases such as http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html and http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html
Since this question refers to a case regarding a sexual offence, I think it is safe to refer to the victim as complainant. However, I am not sure if it right to do that outside of these such cases. In Civil Cases, however, the plaintiff is sometimes referred to as complainant.

I am not too sure on the question about other states but I think this would be outside the VCE 3/4 Legal Studies course.
Aw really?!  ;D Our school uses the Cambride Making and Breaking the Law textbook, so I looked at page 67 and there was no such thing about vulnerable witnesses, and then light bulb moment! I imagined you were talking about the Oxford text?  ::) I just wish I had the Oxford text :(
But our school ppts have all the required things, so no worries!

Yup, as long as that's what you'd write as well, that gives me an indication that answers for these questions are gonna be along the same lines. (as long as you memorise the vulnerable witness criteria and special arrangements, what not, you'll just have to be attentive during the SAC (or exam)).

Yeah, I find commonality in what you and Glasses have said, in that because summary offences are minor or less serious offence, they won't involve as much intimidation as would indictable offences such as sexual or family violence offences would. So yup, definitely agree!
I like Glasses observation though, so for children who may have intellectual disabilities (for e.g.) could still give evidence for summary offences...

Yeah, with complainant, I'd just settle on the person who complains!!  ;D
But thank you so much for giving me the link to the Austlii Criminal Procedure Act!!

I think the jury question was just there to stimulate our brains and think about the answer to it when we're answering something about the right to trial by jury, but I'll see what my teacher says... (I still want to know though, it's a good question from our ppt)

Thanks once again, Lear ! :)

Hi there!

1) I would believe so, yes. Whilst this is probably quite uncommon for victims of crime (seeing as summary offences are less serious and usually less violent), I would imagine that children, those with intellectual disabilities, etc. could still give evidence as vulnerable witnesses in summary offence proceedings.
2) There is nothing in the Victorian Constitution regarding trial by jury; and the Commonwealth Constitution only guarantees the right to trial by jury for indictable Commonwealth offences. So to the best of my knowledge, it doesn't have anything to do with the Constitution. I'd say it just comes down to different states having different laws; although each approach would have its own pros and cons.

Hope this helps!

1. I agree!! That's what I replied to Lear about. I like that you've pointed about the children or anyone who the court considers vulnerable (but still rare case in a summary offence) :) Thank you!

2. Ok... I'll see what my teacher says on Monday! :)

Thanks for helping, Glasses ! :)

Mod edit: Post merge (Glasses)
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on February 17, 2018, 06:46:54 pm
Aw really?!  ;D Our school uses the Cambride Making and Breaking the Law textbook, so I looked at page 67 and there was no such thing about vulnerable witnesses, and then light bulb moment! I imagined you were talking about the Oxford text?  ::) I just wish I had the Oxford text :(
But our school ppts have all the required things, so no worries!

Wait wait hold on, that means both textbooks have the same chapter questions?!? From reading the questions you had I assumed you used the oxford one as the questions are exactly the same That's interesting, there has to be something illegal in that unless they worked together or something. How ironic... A legal textbook...
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 06:58:31 pm
Wait wait hold on, that means both textbooks have the same chapter questions?!? From reading the questions you had I assumed you used the oxford one as the questions are exactly the same That's interesting, there has to be something illegal in that unless they worked together or something. How ironic... A legal textbook...

 ;D ;D ;D Hilarious!!  ;D
No no, our teachers made worksheets for us, and I guess they accessed the oxford textbook whilst creating the worksheets.
Oh yeah sorry, my bad, I didn't access the making and breaking the law textbook, I got these questions from the worksheet :)
Thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: The Special One on February 17, 2018, 07:11:08 pm
My question is why aren't legal exams open book considering most of not all law school exams at uni are open book?

Too much wishy washy content to fully memorise when you have 5 or 6 other subjects going on at the same time.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 07:21:15 pm
Hey guys!

Another question,
What is considered to be a 'reasonable' delay?

Yeah, I agree to some extent, The Special One! Nevertheless, I LOVE memorising for Legal Studies!! :)

(Guess because I want to do Law at Uni !! :))
Title: Re: VCE Legal Studies Question Thread
Post by: The Special One on February 17, 2018, 07:40:22 pm
Hey guys!

Another question,
What is considered to be a 'reasonable' delay?

Yeah, I agree to some extent, The Special One! Nevertheless, I LOVE memorising for Legal Studies!! :)

(Guess because I want to do Law at Uni !! :))

To answer your question it's intentionally left ambiguous. And is a problem for many as it's very hard to define a reasonable time.

Like when prisoners are detained without bail for a reasonable amount of time what constitutes a reasonable amount of time? Very hard to say and it's not clear one of the problems with the law you can bring up.

I'm very happy for you that you enjoy memorising legal coursework and legislature. Future law student perhaps? It's a very good thing to enjoy the subject you're doing.

Unfortunately for many they find it hard to stay interested and invested into the subject with so much going on so the closed book exam is very difficult for them. More so than any subjects like further which is open book.
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on February 17, 2018, 07:44:49 pm
Hey guys!

Another question,
What is considered to be a 'reasonable' delay?

Yeah, I agree to some extent, The Special One! Nevertheless, I LOVE memorising for Legal Studies!! :)

(Guess because I want to do Law at Uni !! :))


Hey, the common reason is probably gathering and processing of forensics. Sometimes this type of stuff takes a significant amount of time and due to that the Police may ask for extra time.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 07:48:43 pm
To answer your question it's intentionally left ambiguous. And is a problem for many as it's very hard to define a reasonable time.

Like when prisoners are detained without bail for a reasonable amount of time what constitutes a reasonable amount of time? Very hard to say and it's not clear one of the problems with the law you can bring up.

I'm very happy for you that you enjoy memorising legal coursework and legislature. Future law student perhaps? It's a very good thing to enjoy the subject you're doing.

Unfortunately for many they find it hard to stay interested and invested into the subject with so much going on so the closed book exam is very difficult for them. More so than any subjects like further which is open book.
Ok...
So for e.g. the right to be tried without unreasonable delay, could reasonable delay be like:
- the time it takes for the accused's legal representative and the Prosecution to exchange hand-up briefs and time it takes for any pre-trial procedures
- the time it takes to find an interpreter (if the accused needs to have one)
- sexual offences must commence their trial within 3 months of the case being committed to trial
- other offences must commence their trial within 12 months of the case being committed to trial

And then would the fact that County Court trials normally only commence 8-12 months after the accused has been charged, would that sorta be unreasonable delay?

Thanks so much !! :) Really appreciate the help !!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 07:51:12 pm
Hey, the common reason is probably gathering and processing of forensics. Sometimes this type of stuff takes a significant amount of time and due to that the Police may ask for extra time.
Great! Hadn't thought of that before! Thank you!

Stemming on from that, could we say just gathering and processing any type of evidence?
And also the time it takes for scrutinising whether the evidence is admissible or not for the trial in court. (would this be ok?)
Title: Re: VCE Legal Studies Question Thread
Post by: The Special One on February 17, 2018, 07:54:09 pm
Ok...
So for e.g. the right to be tried without unreasonable delay, could reasonable delay be like:
- the time it takes for the accused's legal representative and the Prosecution to exchange hand-up briefs and time it takes for any pre-trial procedures
- the time it takes to find an interpreter (if the accused needs to have one)
- sexual offences must commence their trial within 3 months of the case being committed to trial
- other offences must commence their trial within 12 months of the case being committed to trial

And then would the fact that County Court trials normally only commence 8-12 months after the accused has been charged, would that sorta be unreasonable delay?

Thanks so much !! :) Really appreciate the help !!

No worries, and yeah what you have written sounds great.  You could definitely  interpret it as going beyond a reasonable delay.

Much of the law we have is open to interpretation, that's what High Court  judges spend most of their time doing with cases related to the constitution.

When it comes to interpretation judges rarely agree haha if the law was so rigid and not open to interpretatIon we wouldn't need  courts of appeal
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 08:05:51 pm
Also, could I ask,
how does the right to give evidence as a vulnerable witness adhere to fairness?

(just a bit confused, because I always thought about it as enabling access. Everyone should be able to access the legal system and so vulnerable witnesses should not be at a disadvantage when accessing the court. (just because they'll feel intimidated and then won't go to court)

Now when I think about this, doesn't it link to equality as well? in that they shouldn't be disadvantaged? Or you could look at it the other way as it inhibits equality because then these witnesses receive an advantage over other witnesses who'll give testimony as normal witnesses (I mean those who are not a vulnerable witness)

could you just explain how that right relates to any of the principles?  (or can it be interpreted in several ways?) I still don't get the fairness though!

Thank you so much!! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on February 17, 2018, 08:08:15 pm
Great! Hadn't thought of that before! Thank you!

Stemming on from that, could we say just gathering and processing any type of evidence?
And also the time it takes for scrutinising whether the evidence is admissible or not for the trial in court. (would this be ok?)


Yes I believe gathering and processing evidence is a perfect response to this type of question.
Scrutinizing whether evidence is admissible or not is done by the judge and therefore would also be an example of a reasonable delay. However, I do not think this is a significant delay as I doubt it takes longer than a few days. According to my teacher the simplest and most straightforward response is simply gathering and processing evidence as this is required to start the case in the first place. Without sufficient evidence a case is unlikely to be approved by the magistrate in the committal proceedings to go to trial. Because of that the police ensures they have all the evidence they need before the committal proceedings and this can take time.

A good case for this is DPP v Debs & Roberts [2003] VSC 30 (24 February 2003)
The two accused of murdering two police officers in 1998 were charged in 2001 and only then sentenced in 2003. This significant time gap was considered reasonable due to the difficulty in processing and establishing evidence.
Title: Re: VCE Legal Studies Question Thread
Post by: The Special One on February 17, 2018, 08:17:59 pm
Also, could I ask,
how does the right to give evidence as a vulnerable witness adhere to fairness?

(just a bit confused, because I always thought about it as enabling access. Everyone should be able to access the legal system and so vulnerable witnesses should not be at a disadvantage when accessing the court. (just because they'll feel intimidated and then won't go to court)

Now when I think about this, doesn't it link to equality as well? in that they shouldn't be disadvantaged? Or you could look at it the other way as it inhibits equality because then these witnesses receive an advantage over other witnesses who'll give testimony as normal witnesses (I mean those who are not a vulnerable witness)

could you just explain how that right relates to any of the principles?  (or can it be interpreted in several ways?) I still don't get the fairness though!

Thank you so much!! :)

I think you have it downpat  you've noticed a contradiction  between two underlying legal principles

One is yes it does improve access to the legal system for everyone. You've covered that fairly well. The other point you made is also it's unfair it gives vulnerable witnesses an advantage. That goes against the legal principal of equity.

Same argument can be made with the Koori court offering special treatment yes it improved access to the legal system but also may be perceived as being advantageous for one group of people when everyone should be equal.

This discrepancy is common as our legal system isn't perfect. Look at the separation of powers, works great in theory but in practice the powers overlap and are not equal.

The reason this is in the study design is to get students to critically evaluate the legal system.

That's why some last exams asked what are some recommendations for improving the system.

I actually think you've understood the question quite well and identified the contraction if it's asked In a question you should say how it both supports a legal principle and contradicts another. This evaluation is required, and it's good your asking questions like these, it's what's needed for those top marks.

EDIT

fixed some typos lol I really shouldn't be typing these lengthy responses on my phone.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 08:44:43 pm
I think you have it downpat  you've noticed a contradiction  between two underlying legal principles

One is yes it does improve access to the legal system for everyone. You've covered that fairly well. The other point you made is also it's unfair it gives vulnerable witnesses an advantage. That goes against the legal principal of equity.

Same argument can be made with the Koori court offering special treatment yes it improved access to the legal system but also may be perceived as being advantageous for one group of people when everyone should be equal.

This discrepancy is common as our legal system isn't perfect. Look at the separation of powers, works great in theory but in practice the powers overlap and are not equal.

The reason this is in the study design is to get students to critically evaluate the legal system.

That's why some last exams asked what are some recommendations for improving the system.

I actually think you've understood the question quite well and identified the contraction if it's asked In a question you should say how it both supports a legal principle and contradicts another. This evaluation is required, and it's good your asking questions like these, it's what's needed for those top marks.

EDIT

fixed some typos lol I really shouldn't be typing these lengthy responses on my phone.

Thank you so much, The Special One !! :)

You've been so supportive!! :) Thank you so much!!

Yeah!! I've always been waiting for any question that'll ask me to include reforms!!  :D
But what's happening is that our school's said the highest mark on the SAC will be a 6 marker. So I asked my teacher if we needed to have reforms for a 6 mark question and she said include them if you can. But don't just put it in there just for 'chucking it in' !  :D

So I guess I'll just have to see the 6 marker, what it's about and see if any reforms I've looked at (mostly for unreasonable delay, cultural differences, presumption of innocence (not technically a reform, but still an example from contemporary media) can fit in while I'm answering that question...

But the second part of this SAC (criminal sanctions, plea and charge negotiations, institutions, role of court personnel, etc) definitely likes to ask about reforms, so I guess I can have a bit of fun with that ! :)

Thank you so much !!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 17, 2018, 10:50:24 pm
A couple of questions! :)

Explain how the position of the Magistrates' Court in Victoria's court hierarchy will affect the offences that it can hear.

Could I talk about how because it's the lowest court, it cannot hear appeal cases?
Also the fact that because it's the first court in the hierarchy every summary offence (and indictable offence heard summarily) would be heard here and because majority of the offences are summary offences, then this creates time pressure for the court? And it's likely that some cases would be paid less attention that what is needed for them? (just because there's such a strict time limit for every case)

Any other points?

Also, are committal hearings conducted for summary offences too?

Thanks so much!! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on February 18, 2018, 12:43:07 am
A couple of questions! :)

Explain how the position of the Magistrates' Court in Victoria's court hierarchy will affect the offences that it can hear.

Could I talk about how because it's the lowest court, it cannot hear appeal cases?
Also the fact that because it's the first court in the hierarchy every summary offence (and indictable offence heard summarily) would be heard here and because majority of the offences are summary offences, then this creates time pressure for the court? And it's likely that some cases would be paid less attention that what is needed for them? (just because there's such a strict time limit for every case)

Any other points?

Also, are committal hearings conducted for summary offences too?

Thanks so much!! :)


What you've got written for that seems fine. That being said, unless you have evidence to back up the claim that some cases get less attention, I wouldn't mention it. I'm stick to your first two points; i.e. that the position of the Magistrates' Court at the bottom of the hierarchy means that it cannot hear appeal cases, and that it hears all summary offences (and some indictable offences heard summarily).
Additionally, you could mention that the Magistrates' Court is limited in that it cannot hear more serious indictable offences, such as murder.

And no, committal hearings are not conducted for summary offences :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 18, 2018, 08:41:49 am
What you've got written for that seems fine. That being said, unless you have evidence to back up the claim that some cases get less attention, I wouldn't mention it. I'm stick to your first two points; i.e. that the position of the Magistrates' Court at the bottom of the hierarchy means that it cannot hear appeal cases, and that it hears all summary offences (and some indictable offences heard summarily).
Additionally, you could mention that the Magistrates' Court is limited in that it cannot hear more serious indictable offences, such as murder.

And no, committal hearings are not conducted for summary offences :)
Ok ! Thank you so much!
Yes, good point about the court not being able to hear indictable offences!

Thanks a lot, Glasses ! :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 18, 2018, 08:56:04 am

Hi guys,
Just with my earlier question, guess what! They had explained it in our textbook! It's just that I didn't quite agree with the answer, so probably raced over it...

Question:  In Victoria, all indictable offences are heard by a jury (when the accused pleads guilty). But other states accused can apply to have a case heard by judge alone. WHY?? (Has this got something to do with the Constitution?)

The answer that my textbook says:
"In NSW, Queensland, SA, WA and ACT, it is possible to apply to have a trial heard by judge alone, without a jury, when charged with an indictable offence under State legislation. Such an application might be made if an accused and his or her legal representative are concerned about pre-trial publicity hindering a fair hearing or if the jury does not approach the case impartially."

But then I thought "avoiding pre-trial publicity" can't be an 'excuse' or reason for applying whether you want a judge alone or with the jury.
Wouldn't accused in Victoria feel they'd get pre-trial publicity which will limit their right to a fair hearing?
Regardless of whether an accused in Victoria feels so, they must get a trial by jury if they plead not guilty to an indictable offence.

Would love your thoughts!!

Thank you! :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 18, 2018, 03:24:30 pm
Hey guys!

Could I just ask,
are there any members of society that are considered vulnerable or those who need special arrangements whilst giving evidence, but our criminal justice system does not give them those arrangements?

I was thinking about disabled people, but if anyone could correct me or suggest me some more groups of people, that'll help me so much !!!

Thanks guys!! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 18, 2018, 03:36:33 pm
Hi MissSmiley!

I'm inclined to agree with you on the "disabled people" aspect of this question. In our class, we went through a case on a woman with a speech impediment and a mental disability that affected her ability to communicate what she had been through as a victim... If you think through the total lack of ability to express herself and defend herself in an examination in court, even getting to a trial that she could properly understand... This could definitely be an example.

Others might include refugees, homeless individuals, or people with a lack of education who may not be able to understand many of the technicalities in law, those who may have a job but cannot afford a proper lawyer. You just have to delve deeper to find some situations where the courts are put in a precarious situation where they may try to help, but find it impossible. :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 18, 2018, 04:27:53 pm
Hi MissSmiley!

I'm inclined to agree with you on the "disabled people" aspect of this question. In our class, we went through a case on a woman with a speech impediment and a mental disability that affected her ability to communicate what she had been through as a victim... If you think through the total lack of ability to express herself and defend herself in an examination in court, even getting to a trial that she could properly understand... This could definitely be an example.

Others might include refugees, homeless individuals, or people with a lack of education who may not be able to understand many of the technicalities in law, those who may have a job but cannot afford a proper lawyer. You just have to delve deeper to find some situations where the courts are put in a precarious situation where they may try to help, but find it impossible. :)
Thanks a lot secretly_a_poet ! :)
Yeah, because the homeless, refugees and other low-socioeconomic groups of people may find it hard to afford legal representation, let alone knowing that they can give evidence as a vulnerable witness
(and obviously their lawyer will guide them in applying for this, but no lawyer means disadvantage)
So yeah, I agree with what you said!

Thanks so much!
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 18, 2018, 04:46:19 pm
All good!  :D

I would be wary, however, of giving examples that could potentially be picked up by Victorian Legal Aid and/or Community Legal Centers. For example, VLA's website and phone information. Maybe look up duty lawyers as well? I only have a shallow knowledge of these kinds of help for disadvantaged individuals, and there is a lot of technical information and specific circumstances, but it looks like you would have to talk about extreme situations where only limited help could be given through any of these extra programs and institutions. Do you have the Justice and Outcomes Unit 3 & 4? Chapter 4.1 talks all about this.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 18, 2018, 04:54:29 pm
All good!  :D

I would be wary, however, of giving examples that could potentially be picked up by Victorian Legal Aid and/or Community Legal Centers. For example, VLA's website and phone information. Maybe look up duty lawyers as well? I only have a shallow knowledge of these kinds of help for disadvantaged individuals, and there is a lot of technical information and specific circumstances, but it looks like you would have to talk about extreme situations where only limited help could be given through any of these extra programs and institutions. Do you have the Justice and Outcomes Unit 3 & 4? Chapter 4.1 talks all about this.  :)
True! Good point!
No! I use the Cambridge Making and Breaking the Law one :(
But I get the idea of how disability and refugees or anyone with a language barrier can find it hard to find an interpreter as well

Thanks so much!
Title: Re: VCE Legal Studies Question Thread
Post by: madhu04 on February 18, 2018, 07:37:18 pm
Hey guys,

Can someone please help me with the following question?

Outline one way in which the legal system attempts to provide fairness for victims. In your answer, refer to the Victim's charter?


Thank you :)
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 18, 2018, 07:45:25 pm
hey madhu04,

Do you have the Justice and Outcomes 3 & 4 Oxford book, or the Cambridge one? Oxford refers to the Victim's Charter in chapter 3.5., pg. 64-.
Title: Re: VCE Legal Studies Question Thread
Post by: madhu04 on February 19, 2018, 07:57:11 pm
hey madhu04,

Do you have the Justice and Outcomes 3 & 4 Oxford book, or the Cambridge one? Oxford refers to the Victim's Charter in chapter 3.5., pg. 64-.

I have the Oxford one but that question is not from the textbook :)

And also this question is confusing me: Discuss three factors that affect whether the principles of justice are met in a criminal case.


Thank you
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 19, 2018, 08:12:24 pm
Well, the principles of justice include fairness, equality and access, aren't they?
So factors to affect them might include the rights of disadvantaged people who find it difficult to access the court due to a disability or other impairment. Equality may be affected by any biases according to age, gender, sexuality, religion, ethnicity, cultural background, etc., and fairness may be difficult in cases where one of the parties may not have a full understanding of court proceedings or possible defenses, etc.

Does that make sense? It might be a little confusing, so just ask if you need clarification.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: madhu04 on February 19, 2018, 08:32:03 pm
Well, the principles of justice include fairness, equality and access, aren't they?
So factors to affect them might include the rights of disadvantaged people who find it difficult to access the court due to a disability or other impairment. Equality may be affected by any biases according to age, gender, sexuality, religion, ethnicity, cultural background, etc., and fairness may be difficult in cases where one of the parties may not have a full understanding of court proceedings or possible defenses, etc.

Does that make sense? It might be a little confusing, so just ask if you need clarification.  :)

Oh ok, I think I get that!! It was for 6 marks, so that means I think I just need to explain it a bit deeper...

Thank you so much!
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 19, 2018, 08:36:13 pm
NP! If it's worth 6 marks, I would give two examples per principle. Good luck! <3
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 19, 2018, 10:17:08 pm

Explain how the position of the Magistrates' Court in Victoria's court hierarchy will affect the offences that it can hear.

Could I talk about how because it's the lowest court, it cannot hear appeal cases?
Also the fact that because it's the first court in the hierarchy every summary offence (and indictable offence heard summarily) would be heard here and because majority of the offences are summary offences, then this creates time pressure for the court? And it's likely that some cases would be paid less attention that what is needed for them? (just because there's such a strict time limit for every case)


Just a reminder here to make sure you're answering the question. It is true that the MC can't hear appeals, but that's not relevant to the types of offences it can hear - appeals aren't offences. It's also true that it tries to hear matters quickly, but that's not what the question is asking.

Really, the question is only asking about categories of offences. The MC is on the bottom of the hierarchy, which means it hears the least serious offences (SO and IHS).
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 19, 2018, 10:47:28 pm
Just a reminder here to make sure you're answering the question. It is true that the MC can't hear appeals, but that's not relevant to the types of offences it can hear - appeals aren't offences. It's also true that it tries to hear matters quickly, but that's not what the question is asking.

Really, the question is only asking about categories of offences. The MC is on the bottom of the hierarchy, which means it hears the least serious offences (SO and IHS).
Great! Thanks a lot for clearing this up, meganrobyn! :)
Title: Re: VCE Legal Studies Question Thread
Post by: madhu04 on February 20, 2018, 09:52:27 pm
Hey guys,

Anyone can help me with the following question! I know it's late already but I really need help for my SAC tomorrow! Thanks

How does the victim's right to be informed about the likely release of the accused, achieves principles of justice?


Thank you!!
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 21, 2018, 05:51:11 pm
Oh no! I didn't see this! :-[
I'm really sorry I missed you last night, madhu04!! I hope you got an answer, and that your SAC went alright... But, if you didn't figure it out, here's my answer to your question (I have my SAC tomorrow on the same issues, so I'm only a day behind!):

The victim's right to be informed about the likely release date of the accused achieves the principles of justice by ensuring that the information between the accused and the victim of the crime is equal; both know about the likely release date, as is the accused's and the victim's rights. It's fair; the victim is given time (at least 14 days before the accused's release date, if listed on the Victim's Register) to understand and act on the fact that the accused will be a member of society once again. The victim is also given access to the system through the protection given to them by the law and the explicit knowledge of their rights if they are ever confronted by or in the vicinity of the accused again.

Sorry again for missing you. :-\
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 21, 2018, 07:10:58 pm
Hey friends,

I have a question of my own I've been struggling with:

"Describe the protections afforded to vulnerable witnesses in criminal cases involving sexual offences and family violence offences. In your answer, explain how this right upholds one or more of the principles of justice. (5 marks)"

The 'protections' are a victim's rights, aren't they, when is person is a victim of a sexual/family violence offence? So do I just describe some of the rights given to vulnerable witnesses and show how that relates to the principles of justice, or have I got it all wrong?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 21, 2018, 11:28:23 pm

"Describe the protections afforded to vulnerable witnesses in criminal cases involving sexual offences and family violence offences. In your answer, explain how this right upholds one or more of the principles of justice. (5 marks)"

The 'protections' are a victim's rights, aren't they, when is person is a victim of a sexual/family violence offence? So do I just describe some of the rights given to vulnerable witnesses and show how that relates to the principles of justice, or have I got it all wrong?

Yeah, that's basically it :) I can't think off the top of my head of any vulnerable witness provisions that *don't* apply to victims of sexual assault and family violence, but maybe just double-check that for the protections you choose to discuss.
Title: Re: VCE Legal Studies Question Thread
Post by: The Special One on February 22, 2018, 02:56:11 am
Yeah, that's basically it :) I can't think off the top of my head of any vulnerable witness provisions that *don't* apply to victims of sexual assault and family violence, but maybe just double-check that for the protections you choose to discuss.

Where would one double check that beyond having to look at the actual legislation? I don't think most legal 3/4 textbooks would have that information.
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 22, 2018, 01:42:42 pm
Where would one double check that beyond having to look at the actual legislation? I don't think most legal 3/4 textbooks would have that information.

Have you looked at your textbook? My textbook (CPAP) labels pretty clearly the protections that are specific to victims of sexual offences and family violence, and the other protections that can be given to other vulnerable witnesses. Have you looked in yours? Otherwise, the legislation is pretty easy to check. It's Div 4 of the Criminal Procedure Act.
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on February 22, 2018, 01:48:57 pm
Odd question - is the kidnapping of a dog a summary offence or an indictable offence?
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 22, 2018, 02:00:24 pm
Hi guys!

Just had a question about Adrian Bayley's case:

So firstly he was sentenced to life in prison with a non-parole period of 35 years for the rape and murder of Jill Meagher. (this was in Supreme Court 2013). While serving that prison sentence, on 28 May 2015 he was sentenced for several new offences, including rape, in the County Court after 3 separate trials were held. A new non-parole period of 43 years was imposed.

And one of the questions asks: Do you agree with the decision of the County Court in the 2015 case?

So if I had to say I agree, would my reasoning be something about concurrent and cumulative sentences? In that because the Prosecution has found new evidence for offences including rape, Bayley should have a consecutive sentence (years would be added on) to make sure it's fair for the victims and to severely punish him.
Concurrent would not be fair as he might not get the necessary and just punishment for one or more of his offences, as he's spending time in prison all at once for numerous offences.
(Sorry, this might not be the clearest explanation :( )

But is there any other way you could approach this, if you were to agree yes to the County Court's decision?

Or how would you explain your answer if you disagreed with the new sentence from the County Court?

Thank you so much! :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on February 22, 2018, 02:05:46 pm
Odd question - is the kidnapping of a dog a summary offence or an indictable offence?
Kidnapping a person according to this website:
https://melbourne.armstronglegal.com.au/criminal-law/offences/extortion/kidnapping
is an indictable offence (as we would hope!!)

But not sure about kidnapping an animal! This sort of reminds me of the fact that you can't be charged with murder of an animal !

So I guess it's summary offence??  :-\

But please don't go by what I said!! I may be wrong.
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on February 22, 2018, 05:12:50 pm
Odd question - is the kidnapping of a dog a summary offence or an indictable offence?

That is an odd question. Weird no-one's asking about "cat burglars".. ha.

Anyway, the "kidnapping" of a dog would count as taking another person's property, thereby making the most likely answer to your question a summary offence because honestly that's just straight-up theft. I like that question.

Must have been a cute dog.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 03, 2018, 07:35:51 pm
Hi everyone! :)

I'd really appreciate it if anyone helps me out with this question:

'Pablo has been charged with serious fraud charges involving artwork. The trial is expected to last 5 months, and significant amount of time and resources is about to be spent by the DPP on the case. Pablo maintains his innocence, but his defence is weak. Witnesses are ready and willing to give evidence.'
Do you think a plea negotiation is appropriate for this case? Justify your response.

Now I looked at the DPP's policy on resolution by plea negotiations, and it said:
"In relation to plea negotiations, there is a Director’s Policy on Resolution, which clearly sets the considerations OPP solicitors must take into account when considering resolution by a plea of guilty. These include the strength of evidence including any admissions; any probable defences; the views of the victims and the informant; the accused’s criminal history; and the likely length of a trial. "

But I'm still unsure. At the same time I don't think a plea negotiation would work here, because it's gonna be such a lengthy trial and Pablo's defence isn't strong.
but then witnesses are willing to give evidence. So this confuses me.

I would really love to hear everyone's thoughts about this!

Thanks so much guys !! :)


Title: Re: VCE Legal Studies Question Thread
Post by: Lear on March 03, 2018, 07:52:45 pm
Hi everyone! :)

I'd really appreciate it if anyone helps me out with this question:

'Pablo has been charged with serious fraud charges involving artwork. The trial is expected to last 5 months, and significant amount of time and resources is about to be spent by the DPP on the case. Pablo maintains his innocence, but his defence is weak. Witnesses are ready and willing to give evidence.'
Do you think a plea negotiation is appropriate for this case? Justify your response.

Now I looked at the DPP's policy on resolution by plea negotiations, and it said:
"In relation to plea negotiations, there is a Director’s Policy on Resolution, which clearly sets the considerations OPP solicitors must take into account when considering resolution by a plea of guilty. These include the strength of evidence including any admissions; any probable defences; the views of the victims and the informant; the accused’s criminal history; and the likely length of a trial. "

But I'm still unsure. At the same time I don't think a plea negotiation would work here, because it's gonna be such a lengthy trial and Pablo's defence isn't strong.
but then witnesses are willing to give evidence. So this confuses me.

I would really love to hear everyone's thoughts about this!

Thanks so much guys !! :)

Hey Smiley,
A purpose of plea negotiations is 'To achieve a prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of a criminal.'
As you mentioned, the trial is going to be a lengthy one and therefore may incur high costs for Pablo which may not be worth if his defence is weak. Furthermore with a weak defence it is risky to go trial especially with witnesses ready and willing to give evidence. As Pablo, I would definitely consider a plea negotiation as often the prosecution may offer to allow the accused to plead guilty to a lesser charge.
Therefore, in my opinion, a plea negotiation would be very appropriate in this case due to likely length of trial, the strength of his defence and the willingness of witnesses.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 03, 2018, 07:58:32 pm
Hey Smiley,
A purpose of plea negotiations is 'To achieve a prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of a criminal.'
As you mentioned, the trial is going to be a lengthy one and therefore may incur high costs for Pablo which may not be worth if his defence is weak. Furthermore with a weak defence it is risky to go trial especially with witnesses ready and willing to give evidence. As Pablo, I would definitely consider a plea negotiation as often the prosecution may offer to allow the accused to plead guilty to a lesser charge.
Therefore, in my opinion, a plea negotiation would be very appropriate in this case due to likely length of trial, the strength of his defence and the willingness of witnesses.
Aww!!!
Now I get it!
Great! So yup, it'll be easier for Pablo's defence to support him for a lesser charge, maybe, and then everything else is achieved!
Thanks so much, Lear !! :)
You're amazing!!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 03, 2018, 10:08:09 pm
Hi everyone!

Another question, what does it mean when a case study says the criminal  is "notoriously unpopular" ?
Does VLA offer legal representation to these sorts of criminals?
(I've kinda got the answer to this question because another question asks "in your view, should VLA and community legal centres be able to refuse legal aid to a person who is considered notorious and unpopular because of their crimes?" Give reasons
So this suggests that at the moment, VLA does provide legal rep for these people.

But I don't get "notoriously unpopular."
Would you be able to explain it to me?

Thanks so much guys!!
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on March 03, 2018, 10:17:40 pm
I think it may refer to the view that certain criminals may not be appreciated by general society and thus people may feel these people do not deserve free legal assistance from tax payers. Criminals such as rapists and pedophiles may be considered ‘notoriously unpopular’

I may be wrong, however. Can you give some more information on the specific case study?
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 03, 2018, 10:26:00 pm
I think it may refer to the view that certain criminals may not be appreciated by general society and thus people may feel these people do not deserve free legal assistance from tax payers. Criminals such as rapists and pedophiles may be considered ‘notoriously unpopular’

I may be wrong, however. Can you give some more information on the specific case study?
What you've said definitely makes sense, Lear! Thanks for replying back so promptly!

Here's the question.
"Joffrey has been convicted and imprisoned for 3 murders. He must serve a minimum of 40 years in prison before he is eligible for parole. The nature of the offences were such that Joffrey is notoriously unpopular. However, Joffrey wants to appeal his sentence on the basis that it is 'manifestly excessive.' He has received free legal advice that he has good prospects that his sentence may be reduced. Given Joffrey has no assets and cannot afford a private lawyer, he wants to obtain free legal aid. In your opinion, will Joffrey be eligible for a legal assistance grant? Give reasons."

Thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on March 04, 2018, 12:20:40 am
Going off the fact that he has no assets and can’t afford a lawyer, he will likely pass the relevant tests required to determine if he is eligible for representation. The fact that he unpopular is irrelevant in my opinion as this is a subjective view and the law should always apply objectively. If the question was say, in the community’s eyes, should Joffrey be given free legal aid? It would be more relevant.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 04, 2018, 10:43:49 am
Going off the fact that he has no assets and can’t afford a lawyer, he will likely pass the relevant tests required to determine if he is eligible for representation. The fact that he unpopular is irrelevant in my opinion as this is a subjective view and the law should always apply objectively. If the question was say, in the community’s eyes, should Joffrey be given free legal aid? It would be more relevant.
Right! Thanks so much, Lear!
So I could say regardless of whether he's notoriously unpopular or not, VLA must give him legal rep if he meets the means test criteria, can't I ?
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on March 04, 2018, 11:25:58 am
I believe so but I am not too sure as I am still learning this stuff my self. I hope someone more knowledgeable can comment on this. I just don’t see how it it ethical for VLA to determine if a person should receive assistance depending on how the community views them.
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on March 04, 2018, 02:01:24 pm

Here's the question.
"Joffrey has been convicted and imprisoned for 3 murders. He must serve a minimum of 40 years in prison before he is eligible for parole. The nature of the offences were such that Joffrey is notoriously unpopular. However, Joffrey wants to appeal his sentence on the basis that it is 'manifestly excessive.' He has received free legal advice that he has good prospects that his sentence may be reduced. Given Joffrey has no assets and cannot afford a private lawyer, he wants to obtain free legal aid. In your opinion, will Joffrey be eligible for a legal assistance grant? Give reasons."

Thank you!

Hi MissSmiley!

I noticed your question and Lear's response, which is a very good one. However, when you say that the VLA "must give him legal rep if he meets the means test criteria", this isn't entirely true. He may be eligible for representation and assistance via VLA, however due to three convictions and a large sentence, VLA has the right to refuse his application. VLA is under no obligation to help one person over another, especially when that person has been convicted three times over, which is where VLA may decide to give their assistance to someone more likely to win the case/appeal. So because the question only asks if Joffrey will "be eligible for a legal assistance grant", don't mention obligations.
Hope this helps! :)

PS: You can read about VLA's criteria here:
https://www.legalaid.vic.gov.au/get-legal-services-and-advice/get-lawyer-to-run-your-case
This page probably answers your question perfectly!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 04, 2018, 03:33:34 pm
Hi MissSmiley!

I noticed your question and Lear's response, which is a very good one. However, when you say that the VLA "must give him legal rep if he meets the means test criteria", this isn't entirely true. He may be eligible for representation and assistance via VLA, however due to three convictions and a large sentence, VLA has the right to refuse his application. VLA is under no obligation to help one person over another, especially when that person has been convicted three times over, which is where VLA may decide to give their assistance to someone more likely to win the case/appeal. So because the question only asks if Joffrey will "be eligible for a legal assistance grant", don't mention obligations.
Hope this helps! :)

PS: You can read about VLA's criteria here:
https://www.legalaid.vic.gov.au/get-legal-services-and-advice/get-lawyer-to-run-your-case
This page probably answers your question perfectly!
Thanks so much, secretly_a_poet !!
Of course your response helps !
That link was exactly what I wanted! I'm gonna read it really carefully now, and I'll double check my answer with my teacher to see how she wants it to be written!
Right! So I won't mention obligations then
Thank you so much once again!! :)
Title: Re: VCE Legal Studies Question Thread
Post by: rei409 on March 04, 2018, 11:04:42 pm
Does appropriateness of sentence indicators mean a strength of sentence indicators or does it mean when should it be used?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on March 05, 2018, 09:06:13 am
Hey rei409, welcome to ATAR Notes!

Sentence indications are "statements made by a judge to an accused about the sentence they could face if they plead guilty to the offence". When the "appropriateness" of sentence indications is referred to, it probably means its use in accordance to the principles of justice; fairness, equality and access, as the word appropriateness means "the quality of being suitable or proper in the circumstances" and in Victorian criminal law, the appropriateness if committal proceedings are to uphold the principles of justice.
Good luck!
Poet. xx
Title: Re: VCE Legal Studies Question Thread
Post by: Glasses on March 06, 2018, 01:14:42 am
Does appropriateness of sentence indicators mean a strength of sentence indicators or does it mean when should it be used?

Hey there!
In addition to the above -
When discussing "appropriateness", you can draw on strengths and weaknesses as part of your discussion; however, don't simply say "a strength of sentence indicators is x." Instead, I'd be drawing on strengths and weaknesses to make an argument. E.g. "Given the fact that sentence indicators are x (strength), they are particularly useful in y (situation)."
Title: Re: VCE Legal Studies Question Thread
Post by: Ra Ra Rasputin on March 08, 2018, 06:35:33 pm
I have a control freak as a teacher who nit picks everything. This is what her lessons look like; she gives us a booklet then shows us the powerpoint of the booklet to copy out the missing spaces. Then she makes us answer an exam question but first, she writes a 'plan' up, basically giving us the answer. We barely answer questions from the textbook and we barely do case studies. When she asks us a question she answers it herself 5 seconds later and when she gives us an activity she doesnt give us enough time to finish it because she interupts us by giving the answers. On the off chance that someone answers a question she just stares at you and then rephrases what you said but in her way. She expects us to do all of our homework (though she rarely gives us any because again, she gives us all the answers) through google docs and wants the document to be set up in her specific way, she literally told us that we dont need exercise books. How are we meant to learn? She spends more time colour coding then teaching. She's also extremely condescending. She'll read something out and then she'll ask us the most obvious questions like 'do you know what hispanic means?', 'Do you know what detrimental means?' She treates us like we're idiots like we're not in prep, we're in year 12! Ffs she gave us a task words booklet with steps on how to answer questions that begin with discuss, explain, identify, etc.. I'm not stupid! She expects everything to be done her way and wont get it through her thick skull that not everybody likes interactive learning or being fed answers. I feel as if she doesnt allow anyone in the class to think for themselves, everything has to be said and written the way she would do it. I'm also annoyed because i got 8 out of 20 (an E!) for part a of sac 1. I find this very insulting because A, i studied hard and B, subjects like law, politics, history and literature are my forte so how did i f*ck up? When she went through the answers all she did was rephrase what i wrote. One question was explain the right to trial by jury and it was 2 marks but i lost a mark because i didnt say that it only applied to indictable offences like omg she didnt even specify in the question plus why would i need to write that if any idiot knows that only indictable offences are heard by a judge and jury. Another question was explain the principle of fairness and how it is achieved. I explained it and that it is achieved through the hearing rule and the rule against bias, i explained them as well. I lost marks because I didnt spell out for her what bias is. Its not just me whos annoyed, the majority of my class got Es for the sac with some getting a UG. Im considering just reading the textbook and going on edrolo for notes because using her notes are a hopeless cause. My question is, will getting an E for this sac set me up for a bad study score and what will happen if for example, a cohort does better on the exam then expected but their sacs are low, will vcaa question the teachers marking? Thanks in advance. 
Title: Re: VCE Legal Studies Question Thread
Post by: Bell9565 on March 08, 2018, 07:37:39 pm
Its not just me whos annoyed, the majority of my class got Es for the sac with some getting a UG. Im considering just reading the textbook and going on edrolo for notes because using her notes are a hopeless cause. My question is, will getting an E for this sac set me up for a bad study score and what will happen if for example, a cohort does better on the exam then expected but their sacs are low, will vcaa question the teachers marking? Thanks in advance.
Hey, I don't do legal myself but I know based on my other subjects and friends who do that using edrolo and the textbook will improve you chances at doing well. Also utilise things like ATAR notes & their lectures (they helped my biol amazingly), cambridge checkpoints and any other resources you can find. Additionally VCAA don't care about your SAC mark, just your ranking so if everyone does crap then as long as you have a good rank you'll be fine. Your cohort's SAC's will scale to how your cohort does on the exam - so if I were you I would invest some time in some out of class 'classes' especially leading up to exams where your whole cohort may have a chance to improve which will pull up your SACs
I hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 09, 2018, 12:44:30 pm
I have a control freak as a teacher who nit picks everything. <snipped content for brevity> Thanks in advance. 

I just want to start by saying that I do sympathise. But I want to give some advice - however, that doesn't mean I don't sympathise.

Okay, so, lots of teachers are highly prescriptive. So much so it can drive some students crazy. But that doesn't mean they're always wrong, and it can be easy to overlook or miss out on the things they offer if you're pissed off at the whole. For example, yeah, you do need to say that the right to trial by jury only exists for federal indictable offences; otherwise, in Victoria, it's only a statutory entitlement. And the question won't spell that out for you. Also, most decent students lose far more marks on the exam for not following the task word than they do for making errors in the content. So giving you task word definitions, instructions and structures is actually REALLY helpful (as long as they're correct). Highly prescriptive teachers can frustrate students who want to do more processing by themselves, but they can also get great exam results because a lot of students get overwhelmed by too much choice and thinking and genuinely do better if they're just told what answer to write - no approach is going to work for everyone. In Year 12 your primary learning environment should be at home - not at school. School is just ONE resource. You take what is of value, and then you go to other sources to fill in the gaps. This should be your approach for every student, even with teachers you adore.

So, what your teacher is giving you is clear, unambiguous instructions on what she thinks will get 100% for each question. This is more than a lot of teachers give. And if she thinks they're 100% answers, a bunch of other teachers will, too, most likely. For SACs, you memorise and repeat. For the exam, you then use your judgment and decide whether to alter those answers at all, along with how they can apply in principle to other questions. It might not be your preferred way, but as long as she understands the SD and is fair and equal in the way she applies the rules, she's offering something of value.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 12, 2018, 12:17:03 am
Hi everyone! :)

I just needed help with this scenario question:

Denis was charged with the murder of his brother in a reserve in Ivanhoe. He pleaded guilty upon arrest at the reserve and told police that he is willing to do community work. He has significant mental health issues after being abused as a child.

There are two questions:
1. What factors may be taken into consideration before sentencing?
I find mostly mitigating factors, so like how he pleaded guilty upon arrest, told police that he is willing to do community work, and also how he is mentally ill and suffered abuse as a child.

2. What sanction could be imposed? Which sanction will not be appropriate?
I'm a bit confused, so I think imprisonment wouldn't work here because he has mental issues and because he had been abused as a child, a straight stict jail sanction would be too harsh, and anyway the purpose in this case would be to rehabilitate him, wouldn't it?
So can the court sanction a CCO for murder? Is rehabilitation included in a CCO?
If not, does that mean Denise will just follow a rehabilitation program?
At the same time, I think CCO and rehab would be lenient sanctions for murder.

I would really appreciate some help with the second question and just general thoughts if you have any about how you approach 'whether a sanction will be effective' question ! :)

Thanks so much guys! :)
Title: Re: VCE Legal Studies Question Thread
Post by: TheAspiringDoc on March 12, 2018, 12:42:26 am
Hi I was watching this movie and it got me thinking:

If someone stole money and gave it to their kids and was found guilty
- after one day
- just before they died (many years later)
- the day after they died
- five generations on

What is the legal take on each case? Obviously for the first one they'd be fully penalised and have the money taken back, but after 5 generations I'd guess not? Where is the line drawn  ???

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 12, 2018, 10:29:39 pm
Legally, no line in terms of statute of limitations. There is no limitation period for indictable offences, even if heard summarily. And, as far as I know, inheriting stolen property is no different from receiving it any other way: it's not yours.

There is a law called adverse possession that applies to *land* property, though - 15 years and it's yours if the owner makes no movements asserting ownership.
Title: Re: VCE Legal Studies Question Thread
Post by: TheAspiringDoc on March 12, 2018, 10:33:31 pm
Legally, no line in terms of statute of limitations. There is no limitation period for indictable offences, even if heard summarily. And, as far as I know, inheriting stolen property is no different from receiving it any other way: it's not yours.

There is a law called adverse possession that applies to *land* property, though - 15 years and it's yours if the owner makes no movements asserting ownership.
Huh, so if we looked 300 years back on ancestry.com and found out our great great ... grandparents were thieves and their victims sued us for their stolen property that could actually work out?

I know I'm being very specific, but this is only hypothetical - I'm just quite interested in how such a hazy issue is resolved 😲

Thanks for your answer!
Title: Re: VCE Legal Studies Question Thread
Post by: Jigsaw on March 13, 2018, 03:21:49 pm
I think this has been posted elsewhere but does anyone know when VCAA will upload the sample legal studies examination?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on March 13, 2018, 05:19:28 pm
Huh, so if we looked 300 years back on ancestry.com and found out our great great ... grandparents were thieves and their victims sued us for their stolen property that could actually work out?

I know I'm being very specific, but this is only hypothetical - I'm just quite interested in how such a hazy issue is resolved 😲

Thanks for your answer!

Hmm... It's a fascinating concept you bring forth, I've never really thought of it. Thanks for getting me to think! :)
I doubt that persons could be sued for their ancestor's wrongs, especially when you look back three hundred years. I think a case like that is likely to be dismissed because no-one can make a valid claim of proof that the people still have the wealth, or had knowledge of their ancestor's wrongs. It would also be rare if the families were easily traceable and/or if the two families even had any form of contact, let alone knowledge of each other.
This could apply to a case such as Ned Kelly's relatives. Ned Kelly had no descendants of his own (or we think he didn't - let's not get caught up in that debate); however, a lot of what he stole went to his family members, who would have used that as a resource. No-one is suing Ned Kelly's great-great-great-great-nephew for starting their bakery up on money given to them in a will from their grandfather's grandfather. What would be the logic in that? I think something like this would rely a lot more on people's common sense than on the law - because no matter what the law states, "the law doesn't expire" and all that, people should know when to let it go.

Huh, this would be a good topic to bump to philosophy thread on...

And to Jigsaw:
I think this has been posted elsewhere but does anyone know when VCAA will upload the sample legal studies examination?
Sorry VCAA is being slow, but it should be out any day now.
However, a lot of the past examination reports should help you. Here are the ones from 2002 onwards:
http://www.vcaa.vic.edu.au/Pages/vce/studies/legalstudies/exams.aspx#H2N1002D
You probably already know about these, but I find them useful to read through. :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 14, 2018, 10:02:08 am
Also, the original question was regarding criminal actions. Civil actions have totally different limitations periods.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 23, 2018, 03:55:24 pm
Hi everyone!

I really need help because my SAC's coming up!!
I just had a few questions that I need some clarification on:

1. I didn't understand this: "If an accused asks for a sentence indication but chooses to not plead guilty, then a different magistrate will ordinarily hear and determine the charge, and the different magistrate will not be bound by the sentence indication."
Sorry if this is pretty straight forward, but I don't understand the part of a 'different magistrate'?

2. There's the argument about whether committal hearings are really good, because even cases that are likely to have a high success rate at trial would still need to be go through the committal process. Is this true though? Does every single case go through a committal process?

3. What does this mean: "The indication of sentence will therefore cap the maximum sentence that could be imposed, as long as the accused (for a summary offence) pleads guilty at the first available opportunity." ?

4. What does it mean when "the legal practioner of the accused will also assist in making submisssions about the appropriate sentence if the accused pleads guilty or is found guilty" ?

5. How do plea negotiations and sentence indications enable greater access to the justice system for an accused?

Thank you so much guys!!
Title: Re: VCE Legal Studies Question Thread
Post by: MathsQuestIsBad on March 23, 2018, 05:18:30 pm
Hi everyone!

I really need help because my SAC's coming up!!
I just had a few questions that I need some clarification on:

1. I didn't understand this: "If an accused asks for a sentence indication but chooses to not plead guilty, then a different magistrate will ordinarily hear and determine the charge, and the different magistrate will not be bound by the sentence indication."
Sorry if this is pretty straight forward, but I don't understand the part of a 'different magistrate'?

2. There's the argument about whether committal hearings are really good, because even cases that are likely to have a high success rate at trial would still need to be go through the committal process. Is this true though? Does every single case go through a committal process?

3. What does this mean: "The indication of sentence will therefore cap the maximum sentence that could be imposed, as long as the accused (for a summary offence) pleads guilty at the first available opportunity." ?

4. What does it mean when "the legal practioner of the accused will also assist in making submisssions about the appropriate sentence if the accused pleads guilty or is found guilty" ?

5. How do plea negotiations and sentence indications enable greater access to the justice system for an accused?

Thank you so much guys!!

Hey literal neighbour,

1. When an accused pleads not guilty to a sentence indication, a new Magistrate is listed to hear the case in an ordinary manner. When the other Magistrate gives a sentence indication, the sentencing that the Magistrate has set out is legally binding so no sanction can be greater. However, in the case that a new Magistrate is listed, the legally binding sentencing indication is disregarded.

2. Yes, all cases that are destined to be heard at the VCC or VSC must go through committal proceedings in the case that the accused pleads not guilty. Indictable offences heard summarily do not have the formalities of committal proceedings as they are heard summarily.

3. Links back to Q1, but the sentencing indication gives an indication of the harshest possible sanction for the accused, e.g. custodial sentence. When the accused pleads guilty, the Magistrate who gave the sentence indication cannot give a sentence that is harsher than what is outlined in the indication.

4.  I'm not too sure about this, but I believe it has to do with plea negotiations. Sort of the idea that the defendant will plead guilty if certain charges are dropped and a lighter sentence is given.

5. As plea negotiations have the aim of trying to get an early plea and conviction, it frees up court costs and time which means that cases can be heard at a quicker rate, thus allowing greater access as costs are reduced and so are waiting times. Same with plea negotiations, sentencing indications provide greater access as it allows the Magistrate to set out a sentencing discount to encourage persons to plead guilty earlier. So again, it deals with time factors and time means money.

Hope that helped! I know how damn studious you are, I know you're gonna ace this one, neighbour! :)

Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 23, 2018, 06:35:43 pm
Hey literal neighbour,

1. When an accused pleads not guilty to a sentence indication, a new Magistrate is listed to hear the case in an ordinary manner. When the other Magistrate gives a sentence indication, the sentencing that the Magistrate has set out is legally binding so no sanction can be greater. However, in the case that a new Magistrate is listed, the legally binding sentencing indication is disregarded.

2. Yes, all cases that are destined to be heard at the VCC or VSC must go through committal proceedings in the case that the accused pleads not guilty. Indictable offences heard summarily do not have the formalities of committal proceedings as they are heard summarily.

3. Links back to Q1, but the sentencing indication gives an indication of the harshest possible sanction for the accused, e.g. custodial sentence. When the accused pleads guilty, the Magistrate who gave the sentence indication cannot give a sentence that is harsher than what is outlined in the indication.

4.  I'm not too sure about this, but I believe it has to do with plea negotiations. Sort of the idea that the defendant will plead guilty if certain charges are dropped and a lighter sentence is given.

5. As plea negotiations have the aim of trying to get an early plea and conviction, it frees up court costs and time which means that cases can be heard at a quicker rate, thus allowing greater access as costs are reduced and so are waiting times. Same with plea negotiations, sentencing indications provide greater access as it allows the Magistrate to set out a sentencing discount to encourage persons to plead guilty earlier. So again, it deals with time factors and time means money.

Hope that helped! I know how damn studious you are, I know you're gonna ace this one, neighbour! :)
Says you neighbour??!! You're the one who'll ace it :)
Thanks so much for giving the time to explain me this!!
Really needed it!! Of course it helped! :)
Title: Re: VCE Legal Studies Question Thread
Post by: rachaelllll on March 24, 2018, 05:29:05 pm
What are the differences between CLCs and Legal aid?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on March 24, 2018, 05:43:47 pm
Hi rachaelllll,

CLCs (Community Legal Centres) are local centres that typically deal with small civil disputes. They have different divisions (e.g. Youth Law) and are more specialised to the community they're involved in. They give out free information to the community, but do not get involved in more serious cases.
Victoria Legal Aid is a large corporation that deals with more major disputes and defends people in criminal cases. They are more widespread, but do not offer specialised help to youth, etc., unless there is a reason (such as lack of money, immigrant, etc.)

This is just a brief overview, but I hope it helps clear things up for you. :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 24, 2018, 05:48:39 pm
What are the differences between CLCs and Legal aid?
Welcome to Atarnotes!! :)
Right now, I can think of these differences, but will add later if I think of some more :)

1. VLA is a government agency whereas CLC is an independent organisation which has branches (specialist and general), unlike VLA
2. CLCs don't have their own eligibility tests (like the means, assests test) like VLA has, but CLCs will only provide legal assistance if people are eligible by VLA's tests. So in this way, people are still exposed to the tests, but not through CLCs
3. CLC's rarely take criminal matters! They only help with minor criminal matters. (unlike VLA)
4. Duty lawyers from the CLC may only offer assistance for urgent matters and for people whose matters will be completed in one day. But VLA duty lawyers can offer legal rep for Magistrates and Children's Court people whose matters are heard on that day (so no time limit, but can't offer for indictable offences)
5. CLC is more focussed on helping in the lead-up to the trial (I always think this!) whereas VLA helps before and during the processes.

As I said, this is a starting point. Will add more if anything pops up :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 24, 2018, 05:54:53 pm
Hi everyone!

Please would love any response, because my SAC's in 3 days!!

Just a few questions,
Fines can be sanctioned for Level 2 offences (rape, aggravated burglary, armed robbery, sexual offences) but are they sanctioned along with a prison term?
Because getting away with rape, etc by only paying $460 000 just won't be fair will it?
So are fines sanctioned along with a prison term?
If the combination is not sanctioned and just a fine is, then it's extremely sad and worrying because people who commit these crimes should receive both!!

2. what could be one problem in relation to sanctioning that involves cost or time?
I didn't get the "sanctioning" part? Could we talk about the process leading up to the sanctioning? (e.g. committal hearing)?
Or is it just the final stage where a sanction is given? - but this is gonna make it a bit hard.

3. If a question asks for e.g. evaluate how something upholds the principles of justice and this question is say for 6-8 marks, would you need to analyse all three? (fairness, equality and access)?
I get how you can link things back to all 3, but sometimes you can run the risk of writing something unclear and irrelevant to a principle. So in this case, would you still get marks if you talked about 2 principles? But still have 3 paras?

Thanks guys ! :) Would love to get a response!!
Title: Re: VCE Legal Studies Question Thread
Post by: MathsQuestIsBad on March 25, 2018, 07:37:01 pm
Welcome to Atarnotes!! :)
Right now, I can think of these differences, but will add later if I think of some more :)

1. VLA is a government agency whereas CLC is an independent organisation which has branches (specialist and general), unlike VLA
2. CLCs don't have their own eligibility tests (like the means, assests test) like VLA has, but CLCs will only provide legal assistance if people are eligible by VLA's tests. So in this way, people are still exposed to the tests, but not through CLCs
3. CLC's rarely take criminal matters! They only help with minor criminal matters. (unlike VLA)
4. Duty lawyers from the CLC may only offer assistance for urgent matters and for people whose matters will be completed in one day. But VLA duty lawyers can offer legal rep for Magistrates and Children's Court people whose matters are heard on that day (so no time limit, but can't offer for indictable offences)
5. CLC is more focussed on helping in the lead-up to the trial (I always think this!) whereas VLA helps before and during the processes.

As I said, this is a starting point. Will add more if anything pops up :)

Definitely an excellent post, but CLCs are half privatised and half government funded. They're not a corporation either, they aren't taxed so they're kinda a government organisation.
Title: Re: VCE Legal Studies Question Thread
Post by: MathsQuestIsBad on March 25, 2018, 08:02:04 pm
Hi everyone!

Please would love any response, because my SAC's in 3 days!!

Just a few questions,
Fines can be sanctioned for Level 2 offences (rape, aggravated burglary, armed robbery, sexual offences) but are they sanctioned along with a prison term?
Because getting away with rape, etc by only paying $460 000 just won't be fair will it?
So are fines sanctioned along with a prison term?
If the combination is not sanctioned and just a fine is, then it's extremely sad and worrying because people who commit these crimes should receive both!!

2. what could be one problem in relation to sanctioning that involves cost or time?
I didn't get the "sanctioning" part? Could we talk about the process leading up to the sanctioning? (e.g. committal hearing)?
Or is it just the final stage where a sanction is given? - but this is gonna make it a bit hard.

3. If a question asks for e.g. evaluate how something upholds the principles of justice and this question is say for 6-8 marks, would you need to analyse all three? (fairness, equality and access)?
I get how you can link things back to all 3, but sometimes you can run the risk of writing something unclear and irrelevant to a principle. So in this case, would you still get marks if you talked about 2 principles? But still have 3 paras?

Thanks guys ! :) Would love to get a response!!

Hey literal neighbour again,

1. Usually sentences are singular in that it's either a fine, imprisonment, CCO etc. In the case for sexual assault, it varies significantly especially when you're taking into account aggravating/mitigating factors. So the sanctions for sexual assault are quite dynamic across the country but in Victoria, they tend to be prison sentences only as outlined in the Crimes Amendment (Sexual Offences) Act 2016 Sect. [19]. Also remember the five purposes of sanctions, the judge would have total discretion over the sentencing and I would trust that they would give appropriate sanctions.

2. 'Sanctioning' is not a pre-trial procedure, sanctioning itself is related to sentencing which is practically the last step in any criminal case where an accused pleads or is found guilty. I don't think there are any 'problems' with sanctioning, sanctioning is what the prosecution looks forward to the most in the end and sanctioning is where justice is usually served. It's simply integral of the CJS.

3. It's ironic that you ask this when you've got a 95 under you sleeve and in particular that I got lower than you. I'll leave this to the others since I'm not the one to be answering this! Haha!!!

Anyway, good luck, we'll smash it! :))
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 25, 2018, 08:42:12 pm
Hey literal neighbour again,

1. Usually sentences are singular in that it's either a fine, imprisonment, CCO etc. In the case for sexual assault, it varies significantly especially when you're taking into account aggravating/mitigating factors. So the sanctions for sexual assault are quite dynamic across the country but in Victoria, they tend to be prison sentences only as outlined in the Crimes Amendment (Sexual Offences) Act 2016 Sect. [19]. Also remember the five purposes of sanctions, the judge would have total discretion over the sentencing and I would trust that they would give appropriate sanctions.

2. 'Sanctioning' is not a pre-trial procedure, sanctioning itself is related to sentencing which is practically the last step in any criminal case where an accused pleads or is found guilty. I don't think there are any 'problems' with sanctioning, sanctioning is what the prosecution looks forward to the most in the end and sanctioning is where justice is usually served. It's simply integral of the CJS.

3. It's ironic that you ask this when you've got a 95 under you sleeve and in particular that I got lower than you. I'll leave this to the others since I'm not the one to be answering this! Haha!!!

Anyway, go
od luck, we'll smash it! :))
thanks a lot for the help and boost neighbour! I'm sure we'll be fine :)

Just re.
2. That was the actual question from somewhere! "what could be one problem in relation to sanctioning that involves cost or time?"
suggest a reform or something I don't remember.
That's why I thought just like you, why would there be a problem? That's why I was thinking of events leading up to it then there sure are problems committal and pre-trial procedures as we all know!  ::)
But hang on, we could discuss three different sanctions in three separate paras now that I think about it! + link them to their purposes and then evaluate :)
I really don't know! Ah this is stuck in my head now!!

But this is a call out to anyone else that can help!! :)

also just asking my third question again if people have any idea or have come across writing such an answer:

3. If a question asks for e.g. evaluate how something upholds the principles of justice and this question is say for 6-8 marks, would you need to analyse all three? (fairness, equality and access)?
I get how you can link things back to all 3, but sometimes you can run the risk of writing something unclear and irrelevant to a principle. So in this case, would you still get marks if you talked about 2 principles? But still have 3 paras?

Thank you so much neighbour and everyone!!
I'd love to hear some thoughts about these 2 questions! :)
Title: Re: VCE Legal Studies Question Thread
Post by: filo.hanna on March 26, 2018, 08:22:49 pm
Hey, I'm a year 10 student and i just completed my first 1&2 Legal SAC two weeks ago and i just received my results. It says i got '3.M' does anyone know what that means? and if so, could you tell me around what percentage that is.
Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on March 26, 2018, 08:44:24 pm
Hey, I'm a year 10 student and i just completed my first 1&2 Legal SAC two weeks ago and i just received my results. It says i got '3.M' does anyone know what that means? and if so, could you tell me around what percentage that is.
Thanks :)
Hey! Welcome to Atarnotes!! :)
You know this is really really weird that it says that for your result! Never have I heard of that before!! :)
But now this is very funny. I tried searching up 'how to read marks' and then said '3.M' and the first website that Google gave me was Monash university's 'how to read results' page!! :)
And on there, it says M means merit. Haha!! I find your teacher to be so authentic in the way that they're giving you marks!!  ;D ;D They're clearly replicating the Uni marking scheme!! :)
Here is the website by the way:
https://www.monash.edu/exams/results/results-legend
Just scroll down until you find the M.

Don't know what percentage it is though! Also I can't figure out what the 3 means if M means merit...

Anyway, don't take me seriously if I've mentioned complete nonsense, but it was pretty funny for me!  :D :D

Good luck with 1/2 !! (especially now that it's the new study design :) You'll be more comfortable than us (Year 12s) next year because we only got introduced to it this year :)
Title: Re: VCE Legal Studies Question Thread
Post by: abbychambers on March 28, 2018, 01:04:47 pm
Hey, I was wondering how to answer this question?

Contrast a sanction with a sentence.

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: MathsQuestIsBad on March 28, 2018, 09:57:53 pm
thanks a lot for the help and boost neighbour! I'm sure we'll be fine :)

Just re.
2. That was the actual question from somewhere! "what could be one problem in relation to sanctioning that involves cost or time?"
suggest a reform or something I don't remember.
That's why I thought just like you, why would there be a problem? That's why I was thinking of events leading up to it then there sure are problems committal and pre-trial procedures as we all know!  ::)
But hang on, we could discuss three different sanctions in three separate paras now that I think about it! + link them to their purposes and then evaluate :)
I really don't know! Ah this is stuck in my head now!!

But this is a call out to anyone else that can help!! :)

also just asking my third question again if people have any idea or have come across writing such an answer:

3. If a question asks for e.g. evaluate how something upholds the principles of justice and this question is say for 6-8 marks, would you need to analyse all three? (fairness, equality and access)?
I get how you can link things back to all 3, but sometimes you can run the risk of writing something unclear and irrelevant to a principle. So in this case, would you still get marks if you talked about 2 principles? But still have 3 paras?

Thank you so much neighbour and everyone!!
I'd love to hear some thoughts about these 2 questions! :)

With Q3, principles implies plural so just two principles are enough. I wouldn't try to force all three, it's better to focus on the two and elaborate a lot, it's the content and explanation that counts more than anything. Rarely does a principle, feature or people in the CJS cover all three principles and this is totally relevant to the SAC you'll be sitting tomorrow.

Q2, I know I'm doing this backwards but I'm genuinely a bit troubled with this haha. I think primarily with sentencing, taking into account aggravating and mitigating circumstances can be time consuming especially trying to get character reports and referrals to support that. I really don't think it's possible to reform sentencing so yeah, I don't know how to help you with that.

GL!
Title: Re: VCE Legal Studies Question Thread
Post by: MathsQuestIsBad on March 28, 2018, 10:01:01 pm
Hey, I was wondering how to answer this question?

Contrast a sanction with a sentence.

Thanks :)

Haven't seen a question like that before, sanction and sentence can be used almost interchangeably so it'll be hard to contrast them since they are practically identical.
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on March 28, 2018, 10:06:12 pm
Haven't seen a question like that before, sanction and sentence can be used almost interchangeably so it'll be hard to contrast them since they are practically identical.

This is true - they are super similar. Went to ever-helpful Wikipedia (don't worry, I checked it against Mirriam-Webster haha  ::) ) and here's the separate definitions:
"Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations."
"A sentence forms the final explicit act of a judge-ruled process as well as the symbolic principal act connected to their function. The sentence can generally involve a decree of imprisonment, a fine, and/or other punishments against a defendant convicted of a crime."

So basically, sanctions are the actual punishments, whilst sentences are where the judge details their decree. Not sure if this is particularly clear. :)
Would appreciate correction if I'm wrong.

edit: typo
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on April 09, 2018, 10:04:10 pm
I was just wondering if someone could provide me with the proper definition of prima facie? The closest thing to a definition that the Macmillan Legal Maze book seems to give is "determining whether a case has sufficient evidence" and I can't seem to find a definition at all in the Justice and Outcomes book. I remember Karly saying that it meant "on the facts" but I would greatly appreciate if someone could just clarify this for me cos I'm really confused  :(
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 09, 2018, 10:09:13 pm
I was just wondering if someone could provide me with the proper definition of prima facie? The closest thing to a definition that the Macmillan Legal Maze book seems to give is "determining whether a case has sufficient evidence" and I can't seem to find a definition at all in the Justice and Outcomes book. I remember Karly saying that it meant "on the facts" but I would greatly appreciate if someone could just clarify this for me cos I'm really confused  :(

Hello!

In very basic terms, it means on the face of it. And so, if a case is classified as a prima facie case, it essentially means that a case has been supported by sufficient evidence for it be taken as proven unless there is adequate evidence to the contrary. Hence, on deeper analysis (below the face of it), the result may be very different.

Hopefully this helps  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 10, 2018, 11:18:49 am
I was just wondering if someone could provide me with the proper definition of prima facie? The closest thing to a definition that the Macmillan Legal Maze book seems to give is "determining whether a case has sufficient evidence" and I can't seem to find a definition at all in the Justice and Outcomes book. I remember Karly saying that it meant "on the facts" but I would greatly appreciate if someone could just clarify this for me cos I'm really confused  :(

Don't worry about the definition because you shouldn't be using the phrase anyway: it was replaced as the committals test in the late 1980s, and you should use the test from the Criminal Procedure Act. Check the VCAA Assessors Report from 2007, for instance, for the clear instruction to not use 'prima facie' because it won't get marks.
Title: Re: VCE Legal Studies Question Thread
Post by: Will.D12 on April 10, 2018, 11:27:36 am
Was wondering if anyone could explain the difference between "Discovery of Documents" and "Exchange of Evidence" in civil pre-trial procedures. Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 10, 2018, 12:05:27 pm
Was wondering if anyone could explain the difference between "Discovery of Documents" and "Exchange of Evidence" in civil pre-trial procedures. Thanks.
Hello!
I'm doing Legal this year, so please just take my thoughts as another interpretation. Would love to hear anything else from other VCE lawyers!  :D :D
I think discovery stage is just focussed more on 'documents' rather than any witness statements or expert opinion statements, testimonies, oral evidence etc (more in exchange of evidence stage)
As exchange of evidence occurs later, it is important to get the facts of the case, each party's views, and any preliminary evidence (before we get any subjective evidence from the witnesses) down pat before moving on to asking witnesses.
I'm thinking of witness evidence as just supporting the plaintiff + defendant's actual claim. But to be able to do this, both parties must know each other's "actual claim."
This has to happen at the discovery stage.
Witness statements/actual verbal evidence + expert witness evidence will take place in the next stage.

I'm sorry if I've confused you, but once again, just saying this might be a small or could be a misinterpreted answer. So really looking forward to hearing what others have to say about this! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 10, 2018, 10:26:20 pm
Was wondering if anyone could explain the difference between "Discovery of Documents" and "Exchange of Evidence" in civil pre-trial procedures. Thanks.

Discovery is giving the other party a list of what you have (in an affidavit of documents); exchange/production is giving them copies.
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on April 11, 2018, 07:43:07 pm
Hi everyone,
Since the new study design is being implemented this year, according to my legal teacher (who confuses the life out of me), we have to be able to synthesise Acts into our answers except (a) she hasn't taught us how to do it, and (b) she has no resources regarding how to do it
For example, if we get a case study about a home invasion, we should be able to mention that Section 77A of the Crimes Act 1958 talks about home invasions etc.
Can someone please clarify this for me because I'm really confused about the whole thing and want to do it right
Thanks :-)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 11, 2018, 07:58:00 pm
Hi everyone,
Since the new study design is being implemented this year, according to my legal teacher (who confuses the life out of me), we have to be able to synthesise Acts into our answers except (a) she hasn't taught us how to do it, and (b) she has no resources regarding how to do it
For example, if we get a case study about a home invasion, we should be able to mention that Section 77A of the Crimes Act 1958 talks about home invasions etc.
Can someone please clarify this for me because I'm really confused about the whole thing and want to do it right
Thanks :-)
Hey!
No no we're not supposed to know what section and what act any crime / civil action relates to (because it's impossible to memorise what section and what subsection.
You should just know the sections of the rights of victims, accused and rights of parties in civil law and where they are located in their acts.
What I think your teacher means is that you're expected to memorise a handful of cases (as in court cases that are going on currently) for every AOS. For example memorise a case (just memorise the summary)  (and know how to cite it) where for e.g. the accused had to wait a lot until they could have their trial heard. Or a case where an accused was 'let off' on a less serious charge (plea negotiations) than what the communityand victims would have liked.
Then you can use case examples like this in your evaluate question. For example  you explain a strength of plea negotiations (e.g. reduces time) but then however, the victim may feel that the accused has settled to plead guilty to a less serious crime and in this way the gravity of the original crime may not be reflected. This is where you insert your real life court case about the plea negotiations.

If you get a hypothetical case study (and it's criminal law) in your SAC / exam, just think if it's a summary / indictable and just state the name of the act, no section required.
e.g. Wow! home invasion is an indictable offence? I thought it would have been in the summary offences act....Sorry! so yeah just say Crimes Act 1958 if you get an indictable offence.

How to cite a legal case?
It's in the oxford textbook first few pages or I guess something called the toolkit - I can't remember on the top of my head.

But if it's like a newspaper article, then you just name the parties involved and the newspaper's name the case was mentioned.

Hope I haven't confused you!!

Thanks! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on April 11, 2018, 08:00:41 pm
Also, on top of MissSmiley's response, make sure you're using recent examples (within the past four years) or else your answers will not be seen as valid by VCAA. :)
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on April 11, 2018, 08:08:45 pm
Hey!
No no we're not supposed to know what section and what act any crime / civil action relates to (because it's impossible to memorise what section and what subsection.
You should just know the sections of the rights of victims, accused and rights of parties in civil law and where they are located in their acts.
What I think your teacher means is that you're expected to memorise a handful of cases (as in court cases that are going on currently) for every AOS. For example memorise a case (just memorise the summary)  (and know how to cite it) where for e.g. the accused had to wait a lot until they could have their trial heard. Or a case where an accused was 'let off' on a less serious charge (plea negotiations) than what the communityand victims would have liked.
Then you can use case examples like this in your evaluate question. For example  you explain a strength of plea negotiations (e.g. reduces time) but then however, the victim may feel that the accused has settled to plead guilty to a less serious crime and in this way the gravity of the original crime may not be reflected. This is where you insert your real life court case about the plea negotiations.

If you get a hypothetical case study (and it's criminal law) in your SAC / exam, just think if it's a summary / indictable and just state the name of the act, no section required.
e.g. Wow! home invasion is an indictable offence? I thought it would have been in the summary offences act....Sorry! so yeah just say Crimes Act 1958 if you get an indictable offence.

How to cite a legal case?
It's in the oxford textbook first few pages or I guess something called the toolkit - I can't remember on the top of my head.

But if it's like a newspaper article, then you just name the parties involved and the newspaper's name the case was mentioned.

Hope I haven't confused you!!

Thanks! :)

Thank you sosososo much - this makes so much more sense now!!!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 11, 2018, 09:51:33 pm
Hi everyone!

Just wondering, can sexual abuse be considered as a civil action? I sort of get how psychological abuse can be considered a civil claim, in that it infringes the right of an accused to live without psychological disturbance, but once again, I don't really understand this. All this was from a paragraph out of the Oxford textbook:

In 2015, VIC became the first state to remove limitation periods for persons who suffered physical or sexual abuse as a minor, or psychological abuse that arose out of that abuse. The changes to the law followed a Victorian parliamentary inquiry into the handling of child abuse by religious and other non-gov organisations which found that limitations were a major hurdle for victims who wished to initiate civil claims.

So I thought isn't sexual abuse and all of this a criminal offence?
If it is a civil claim, then does this refer to the civil tort 'assualt'?

Also, I don't quite understand why limitation of actions is a hurdle for victims who wish to initiate civil claim? Is it because having a strict time frame pressurises them into getting everything ready? (for e.g. if they've been hospitalised or are taking treatment from a counsellor as a result of suffering from the civil tort (or abuse like it's said) then they may find it harder to get the case ready before the time frame?

Is that why this is a hurdle?

Thanks a lot everyone! :)
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on April 11, 2018, 10:04:02 pm
I think the issue was that minors who were then not confident enough/had the ability to report such actions were unable to come forward in the future when they were older. More recently things such as the #metoo campaign has prompted those who have tried to forget their experiences to come forward and report the crimes that may have occurred many years before.

Also I think sexual abuse victims can pursue their own civil case along side the criminal trial on behalf of the DPP. This way they can receive a remedy for their rights being infringed and the criminal can also be sentenced.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 11, 2018, 10:16:24 pm
I think the issue was that minors who were then not confident enough/had the ability to report such actions were unable to come forward in the future when they were older. More recently things such as the #metoo campaign has prompted those who have tried to forget their experiences to come forward and report the crimes that may have occurred many years before.

Also I think sexual abuse victims can pursue their own civil case along side the criminal trial on behalf of the DPP. This way they can receive a remedy for their rights being infringed and the criminal can also be sentenced.
Amazing response, Lear!!
Makes much more sense now!
Aw? Is that the hurdle?! Your example about the #metoo campaign sounds reasonable, so yeah, now I do agree that that could have been a hurdle - minors trying to express themselves.
Ok!
Thanks so much Lear! :)
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on April 11, 2018, 10:20:31 pm
Just another question about the whole synthesis thing - when would it be used? Like, for which task words/mark range (i.e. evaluate, discuss, etc)?
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 12, 2018, 10:07:01 am
Just another question about the whole synthesis thing - when would it be used? Like, for which task words/mark range (i.e. evaluate, discuss, etc)?
Yeah - evaluate, discuss just like you said!
Also with 'to what extent' questions, analyse, apply, assess, examine, establish, justify questions as well
These will for those higher marks - 6, 8,10
You wouldn't really need to synthesise for lower mark questions than this because the question would be so specific.
for e.g. differentiate between summary + indictable offences.
Synthesise is just for broader questions :)
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on April 12, 2018, 08:31:56 pm
Fellas, I'm doing the practice assessment tasks out of the justice and outcomes textbook and I'm currently on chapter 4 question 8 which asks me to find how the principles of justice were sought to be achieved in this case.

https://www.theage.com.au/national/victoria/call-for-lone-lplater-who-got-into-strife-and-killed-driver-to-be-spared-jail-20161121-gsu4jt.html

I can't seem to figure out how especially considering how short the article is. I'm wondering if maybe I'm just missing something or if I just have to make assumptions. Thanks in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 12, 2018, 09:44:56 pm
Fellas, I'm doing the practice assessment tasks out of the justice and outcomes textbook and I'm currently on chapter 4 question 8 which asks me to find how the principles of justice were sought to be achieved in this case.

https://www.theage.com.au/national/victoria/call-for-lone-lplater-who-got-into-strife-and-killed-driver-to-be-spared-jail-20161121-gsu4jt.html

I can't seem to figure out how especially considering how short the article is. I'm wondering if maybe I'm just missing something or if I just have to make assumptions. Thanks in advance!
Hey,
So just my thoughts:
1. Fairness = the gravity of the crime was reflected, as the court neglected his defence lawyer's statement and urge that Singh should receive a CCO
2. Equality = Mr Voss is getting a chance to give his victim impact statement, just like Singh's given a chance to defend his case and seek for a plea negotiation
3. Access = Singh's got a chance to have legal rep + have access to a competent court (County court)

Hope this relates to the principles of justice! :)
Just my thoughts though
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 13, 2018, 09:59:01 pm
Also, on top of MissSmiley's response, make sure you're using recent examples (within the past four years) or else your answers will not be seen as valid by VCAA. :)

No, the four years only relates to "recent" reforms - don't worry.
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on April 13, 2018, 10:36:12 pm
Oh wow seriously? I’ve been thinking this whole year that precedents have to be from past 4 years too.
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on April 14, 2018, 04:48:41 pm
Oh wow seriously? I’ve been thinking this whole year that precedents have to be from past 4 years too.

Me too, at least, that's what my teacher told us. Should we keep it as using only cases from the past 4 years just in case?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 15, 2018, 09:51:02 pm
No need. There is no "just in case" - outside how your teacher chooses to mark the SACs, of course.

Check the SD for references to "contemporary" examples; I don't remember off the top of my head. If it says "contemporary" examples or cases, try not to make them decades-100 years old. Apart from that, you're fine.
Title: Re: VCE Legal Studies Question Thread
Post by: I\'m Not A Robot on April 19, 2018, 08:45:47 pm
Hey I was wondering if someone could help me with this question that was on my sac, I had some trouble answering it. It was...

"The use of a jury in criminal cases is pointless and a waste of time because a judge can carry out the task and duties of a jury just as well"- explain what the uses for a jury is and why the judge doesn't decide on the verdict instead.

The question was worth 8 marks. I don't remember the question perfectly, but it was very similar to that.

Thanks in advance :))
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on April 19, 2018, 08:59:15 pm
Hey I was wondering if someone could help me with this question that was on my sac, I had some trouble answering it. It was...

"The use of a jury in criminal cases is pointless and a waste of time because a judge can carry out the task and duties of a jury just as well"- explain what the uses for a jury is and why the judge doesn't decide on the verdict instead.

The question was worth 8 marks. I don't remember the question perfectly, but it was very similar to that.

Thanks in advance :))

Hey! you may not be a robot, but are you a cyborg?

Arguments for this may include:

Hope this helps you a bit. <3
I'm a Legal student myself, so if I got anything slightly incorrect I will appreciate the feedback. :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on April 19, 2018, 09:17:55 pm
Hey I was wondering if someone could help me with this question that was on my sac, I had some trouble answering it. It was...

"The use of a jury in criminal cases is pointless and a waste of time because a judge can carry out the task and duties of a jury just as well"- explain what the uses for a jury is and why the judge doesn't decide on the verdict instead.

The question was worth 8 marks. I don't remember the question perfectly, but it was very similar to that.

Thanks in advance :))

In addition to the excellent points provided by secretly_a_poet, I'd encourage you to take a look at question 10 of the VCAA examiner's report. There are some nice insights here.

VCAA examiner reports are wonderful sources for supplementary information.

All the best :)
Title: Re: VCE Legal Studies Question Thread
Post by: I\'m Not A Robot on April 19, 2018, 10:00:06 pm
Hey! you may not be a robot, but are you a cyborg?

Arguments for this may include:
  • Juries are appointed to be completely impartial to the case
  • Juries are made up of at least 12 jurors in a criminal proceeding in order to give a diverse range of experience and opinions, therefore making a much more reliable judgement than a single person (judge)
  • Juries are given limited information about the accused - they are able to make a decision on the verdict purely through the evidence found in the case brought forth, without knowledge of other crimes or past history of the accused
  • The judge's job is to manage the court, not to make the final decision on the verdict. This is due to the fact that the judge must keep the jury and other members of court accountable and therefore may make a mistaken or biased decision if they are left to do it alone, and no risks should be taken in a court case.

Hope this helps you a bit. <3
I'm a Legal student myself, so if I got anything slightly incorrect I will appreciate the feedback. :)
Haha, thanks heaps for the reply, really appreciate it.

In addition to the excellent points provided by secretly_a_poet, I'd encourage you to take a look at question 10 of the VCAA examiner's report. There are some nice insights here.

VCAA examiner reports are wonderful sources for supplementary information.

All the best :)
Thank you! I'll definitely check out that report!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 23, 2018, 06:43:21 pm
Hello!

I just needed help with a few questions:

1. What are the reasons for the Supreme Court referring cases to mediation?
could one of them be if it's a class action that has a lot of litigation to do with it?

2. What are "negotiation options"? There's a worksheet that asks us to explain three negotiation options, and I'm not sure what this means. For example could VCAT allowing mediation and conciliation and CAV offering conciliation be two examples?
But when arbitration is used in VCAT won't be an example right? Because there's a third party that makes a binding decision?
The study design says "factors to consider when initiating civil claims including negotiation options" so for a moment I got confused if "negotiation options" means like the alternative dispute resolution method of 'negotiation' which was there in the previous study design?
Could you please explain what could come under negotiation options?

3. What is the role of the judge in the pre-trial civil process? This question was from a worksheet on the Bushfire class action case which was settled through "court led-judicial mediation" (I heard this for the first time when I read it!!). Is it just the usual roles of a judge in a civil trial or is it anything different for pre-trial procedures?

Thank you very much!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 26, 2018, 09:47:09 am
Hi everyone!

Could I just ask what I could talk about for weaknesses for civil pre-trial procedures?
I tried really hard to think about every pre-trial process, but I'm always seeing strenghts.

Could someone please help me brainstorm?

Thank you very much! :)
Title: Re: VCE Legal Studies Question Thread
Post by: DoctorTwo on April 26, 2018, 07:39:56 pm
Hello!

I just needed help with a few questions:

1. What are the reasons for the Supreme Court referring cases to mediation?
could one of them be if it's a class action that has a lot of litigation to do with it?

2. What are "negotiation options"? There's a worksheet that asks us to explain three negotiation options, and I'm not sure what this means. For example could VCAT allowing mediation and conciliation and CAV offering conciliation be two examples?
But when arbitration is used in VCAT won't be an example right? Because there's a third party that makes a binding decision?
The study design says "factors to consider when initiating civil claims including negotiation options" so for a moment I got confused if "negotiation options" means like the alternative dispute resolution method of 'negotiation' which was there in the previous study design?
Could you please explain what could come under negotiation options?

3. What is the role of the judge in the pre-trial civil process? This question was from a worksheet on the Bushfire class action case which was settled through "court led-judicial mediation" (I heard this for the first time when I read it!!). Is it just the usual roles of a judge in a civil trial or is it anything different for pre-trial procedures?

Thank you very much!

1. My textbook (Justice and Outcomes Legal Studies for VCE Units 3 & 4, Oxford) doesn't have much on this but it does say that the power to order parties to attent mediation can assist the 'prompt and economical resolution of a dispute', and that there is a benefit to settling the dispute early, 'without spending the costs of going to trial.' Interstingly, it also says that 'Most if not all civil proceedings in the Supreme Court go to mediation before trial, and mediation is considered successful in helping to resolve disputes. Former Chief Justice Marilyn Warren of the Supreme Court has said tha tthe courts would face difficulties if they did not use mediation.

2. My textbook outlines three negotiation options, which are
-basically, both parties directly negotiating without initiating a claim, the simplest form of negotiation. May or may not involve legal representation and 'involves informal discussions between themselves about the issues in dispute.'
-'arranging between themselves (the parties), with or without legal representation, an independent third party, such as a mediator, to help resolve the dispute.' This is called 'facilitated negotiation'.
-'arranging a negotiation or other dispute resolution service through a body such as the Dispute Settlement Centre of Victoria (free services to help resolve general disputes), or FMC Mediation and Counselling Victoria (dispute resolution services for family conflicts and other disputes).'

3. I'm going to compare the roles of the judge in a criminal trial and civil trial and embolden the similar ones to make the differences obvious:
Criminal: Manage the trial, decide on admissibility of evidence, attend to jury matters, give directions to the jury and sum up the case, hand down a sentence, as well as other minor responsibilities.
Civil: Manage the trial, decide on admissibility of evidence, attend to the jury (if there is one), determine liability and the remedy ('If there is no jury in the trial, the judge must decide whether the plaintiff has established their claim against the defendant, and if so, what remedy, if any, should be awarded'), make a decision on costs ('After each hearing in a civil case, the judge will decide which party should bear the costs. The general rule is that working out costs is left to the end, and the successful party is entitled to costs, but that is not always the case.')

Hi everyone!

Could I just ask what I could talk about for weaknesses for civil pre-trial procedures?
I tried really hard to think about every pre-trial process, but I'm always seeing strenghts.

Could someone please help me brainstorm?

Thank you very much! :)


I guess they add to delays in achieving justice by extending the time before a case is actually taken to trial. You'd also probably have to pay a lawyer during this stage, and you wouldn't bear that burden if the case had gone straight to trial, instead. My textbook doesn't explicitly state any disadvantages, but that is what I can think of off the top of my head.

I hope these helped! :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on April 26, 2018, 07:54:52 pm
I hope these helped! :)
Of course they did!! :)
You've made things super clear!!
Thank you so much for typing all this up! I really appreciate it! :)

Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on May 02, 2018, 10:19:37 pm
Hello.

Could somebody explain to me why a defendant not having any assets in Australia would discourage a plaintiff from making a civil claim.
I don't really understand what this means, so any help would be appreciated.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on May 02, 2018, 10:28:25 pm
Hello.

Could somebody explain to me why a defendant not having any assets in Australia would discourage a plaintiff from making a civil claim.
I don't really understand what this means, so any help would be appreciated.
Hey!
So this is just something that needs to be considered before initiating a civil claim.
If the defendant doesn't have any assets (e.g. monetary assets or they've just immigrated and hence find it hard to source things for their life, let alone pay compensatory damages to the plaintiff), then there's no point initiating a claim against them.
They won't be able to pay the full amount or not on time things like that.
So then the plaintiff would take the claim to mediation, conciliation or arbitration (where the plaintiff can settle with an injunction only to get things going smoother)

More than happy to be corrected by anyone though! :)
If anyone wants to build on what I said as well or change it, please feel free to do so!

But hope this has started you off :)
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on May 03, 2018, 03:47:49 pm
One more question regarding the jurisdiction of CAV.
The example states that Geraldine's application to rent a property was denied, Geraldine claims that the landlord discriminated against her because of her age.
Would this example be covered in CAV's jurisdiction?
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on May 03, 2018, 04:16:30 pm
One more question regarding the jurisdiction of CAV.
The example states that Geraldine's application to rent a property was denied, Geraldine claims that the landlord discriminated against her because of her age.
Would this example be covered in CAV's jurisdiction?
No I don't think so. Because this is now a discrimination case. CAV only deals with commercial disputes, sales of products and goods...as you know, but nothing to do with discrimination.
If this was a dispute without the discrimination part, then yes, CAV would have heard it because it can hear landlord-tenant disputes.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on May 06, 2018, 09:25:52 pm
What’s the best way to study for a legal sac?

AoS2 sac is in a few weeks and I’m wanting to starting studying now because we have all our sacs in the one go.

I’ve started practice questions, the discuss stuff, it’s a bit difficult though getting feedback my teacher takes a while to return the work 😩😩
Hey!
Yeah same, my SAC's in a few weeks and it's all combined!! So the whole civil law unit! So I guess a lot of pressure, but it's good because the exam that tests both U3/4 isn't going to be split up right?!!  ;)
So a more authentic way of SAC preparation.
And yeah same thing, I'm got HEAPS of SACs before my Legal SAC, HEAPS of memorising to do for every subject.
What I'm trying to do each day though is read a small section of the relevant textbook chapter each day, so I don't lose track of the legal content.
Some days I just get like a 4 line paragraph read  ::) whilst other days (especially weekends) I try and write 2 questions.
My teacher takes AGES to mark our practice responses as well, so at the moment, just store them somewhere safe and perhaps ask your teacher for lunchtime help sessions?
OR, the best thing, why not post one of your responses on this thread so everyone here on AN legal fam can give you some feedback?!   :D
I certainly love giving feedback because it helps me learn, since I'm doing Year 12 Legal as well!
(far from perfect at it, but you know, we can all support each other :)

Perhaps start make summary paras (make them small but efficient because I know you must be having a lot of SACs too,) and then test yourself each day. Perhaps start making links to the principles of justice? (A mindmap is a really good way to get everything on paper, because this'll force you write everything that you know, instead of just storing it somewhere on your laptop!)

Once again, this thread's a great way to clarify any doubts you may have about the content, how to answer questions or like I said, just post your responses! (that's if you feel comfortable of course, absolutely no compulsion at all! :)

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: colin.j on May 11, 2018, 05:28:14 pm
Can someone please explain how the burden of proof in a civil trial achieves fairness?
Title: Re: VCE Legal Studies Question Thread
Post by: justfermions on May 11, 2018, 09:30:12 pm
Can someone please explain how the burden of proof in a civil trial achieves fairness?

Hello
Pretty much it achieves fairness because the burden of proof rests with the plaintiff, if the burden of proof was on the defendant then it's basically implying that the defendant is guilty and needs to prove otherwise - which means the defendant is not treated impartially (and impartiality is an aspect of fairness). It's like how in a criminal trial reversing the burden of proof would undermine the presumption of innocence.
Hope that made sense and that's just how I'd answer it at least but happy to be corrected    ;D
Title: Re: VCE Legal Studies Question Thread
Post by: madhu04 on May 15, 2018, 12:43:11 am
Hey can someone please help me with some similarities and differences between criminal jury and civil jury?

Thank you  :)   :D
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on May 15, 2018, 05:16:04 pm
Hey can someone please help me with some similarities and differences between criminal jury and civil jury?

Thank you  :)   :D
Hey!
This is a pretty simple question, so it would be great if you could show what you've got so far. After you've done all you can with the question, we can help you. For example, the number of jury members impaneled in a criminal versus civil jury? :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on May 15, 2018, 07:23:54 pm
Hey can someone please help me with some similarities and differences between criminal jury and civil jury?

Thank you  :)   :D

Like Poet has already encouraged, try and show some early thinking. If you are looking to clarify some ambiguities, however, I'd recommend that you look at VCAA's direct assessment of this area, here at question 6 .
Title: Re: VCE Legal Studies Question Thread
Post by: lanitresidder on May 16, 2018, 11:44:09 pm
Does anyone have any tips for answering extended response questions, particularly regarding the structure of questions six marks and above?
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on May 25, 2018, 11:51:59 pm
Hi all,
I just needed clarification on how to answer questions:

If you have a question that says "discuss to what extent..." (which is like two task words 'discuss' and 'to what extent' combined) do you have to write both strengths and weaknesses?
Or do you just keep proving 'to what extent' do you agree/ disagree?

And just generally, do you have to write weaknesses even if you agree to a high extent that something is effective?

Thanks guys! :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on May 26, 2018, 12:40:44 am
Hi all,
I just needed clarification on how to answer questions:

If you have a question that says "discuss to what extent..." (which is like two task words 'discuss' and 'to what extent' combined) do you have to write both strengths and weaknesses?
Or do you just keep proving 'to what extent' do you agree/ disagree?

And just generally, do you have to write weaknesses even if you agree to a high extent that something is effective?

Thanks guys! :)


It depends on the exact wording of the question: sometimes you can take just one side. I think it's always strategically smarter to at least do a little of each, though; plus, you use more of your notes.
Title: Re: VCE Legal Studies Question Thread
Post by: You dont know me on June 02, 2018, 12:35:07 pm
Hello all! How long should I take per mark (on average) to answer a question in an exam or sac?

Thanks,
Selby  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: viralcricstar on June 02, 2018, 12:52:14 pm
Hi Selby,
The end of year exam sadly has a higher total mark - 80 instead of 70 marks in the previous study design. As such, on average you should take 1 min and 30 seconds for each mark. I strongly suggest that you finish the short response (1-4 markers) faster than the average time per mark as they aren't too difficult. You may use about 2 minutes per mark in an 8 or 10 marker and other time to proofread. In regard to sac, it depends on the relativeness of the marks and time decided by your teacher. For example, if it is a 30 mark sac and you are given 60 minutes, take closer to 2 minutes per mark.
Title: Re: VCE Legal Studies Question Thread
Post by: You dont know me on June 03, 2018, 03:35:15 pm
How exactly would you answer such a question in an exam to receive 2 marks:
Outline how the Victorian Court hierarchy helps achieve specialisation in Victoria's justice system

Thanks,
Selby  ;D
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on June 03, 2018, 03:44:28 pm
How exactly would you answer such a question in an exam to receive 2 marks:
Outline how the Victorian Court hierarchy helps achieve specialisation in Victoria's justice system

Thanks,
Selby  ;D
Hey, Selby!
This is a pretty simple question, when you think about it. In an exam, you'd answer this question with two ways that the Vic Court hierarchy can achieve it; exactly what the question specifies.
Your points to write on would be:
It's only two marks, so not much time should be spent on it. :)
Stick that in a sentence and bam, you're good to go.

edit: correction noted! Whoops!  ::)
Title: Re: VCE Legal Studies Question Thread
Post by: You dont know me on June 03, 2018, 03:54:53 pm
Hey, Selby!
This is a pretty simple question, when you think about it. In an exam, you'd answer this question with two ways that the Vic Court hierarchy can achieve it; exactly what the question specifies.
Your points to write on would be:
  • ensuring that parties dissatisfied with the outcome of their case could appeal their case in a higher court
  • utilising different courts for different types of crimes depending on their seriousness.
It's only two marks, so not much time should be spent on it. :)
Stick that in a sentence and bam, you're good to go.
I should have specified more sorry.

There will be 3 questions identical to these:
Outline how the Victorian court hierarchy helps achieve specialisation in Victorias's justice system. (2 marks)
Outline how the Victoria court hierarchy helps achieve administrative connivence. (2 marks)/i]
Outline why the Victorian court hierarchy needs to exist for an appeals system to exist. (1 mark)

So, for example, I'm answering the first question, I can't mention appeals within the answer as it is not to do with appeals, and all the answers must have different content and cannot be restated in further answers.

Dunno if that made any sense whatsoever, but I tried :).

Thanks,
Selby
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on June 03, 2018, 04:00:36 pm
Hey, Selby!
This is a pretty simple question, when you think about it. In an exam, you'd answer this question with two ways that the Vic Court hierarchy can achieve it; exactly what the question specifies.
Your points to write on would be:
  • ensuring that parties dissatisfied with the outcome of their case could appeal their case in a higher court
  • utilising different courts for different types of crimes depending on their seriousness.
It's only two marks, so not much time should be spent on it. :)
Stick that in a sentence and bam, you're good to go.
Hey Poet and Selby! :)
I'm very sorry to interrupt this, especially when Poet's given great advice!
However, I do think that the point about "ensuring that parties dissatisfied with the outcome of their case could appeal their case in a higher court" is more to do with 'appeals' as a reason for the court hierarchy.
For specialisation, you'd just have to elaborate on Poet's second point.
Because different courts hear varying complexity of cases, they have developed expertise, and that's why they are trained to hear similar cases like that. This aims to ensure competency (which is what court and its personnel should be :)

But other than that Poet has given great advice about time management --> quick, short, snappy two mark questions :)

Thanks guys! :)

EDIT: Haha! Sorry Poet! Just realised Selby commented about the appeals point before me and then I clicked 'post'  ::)
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on June 05, 2018, 09:42:34 pm
Hey everyone, I'd like some clarification on this dot point on the study design.

    discuss the responsibilities of key personnel in a civil trial

Seeing as this is a discuss question, there must be strengths and weaknesses correct. However, when discussing these weaknesses do we refer to the adversary system or the responsibilities weaknesses. What I mean is I don't understand how the responsibilities of e.g. manage the trial, decide on admissibility of evidence or making an opening and closing statement, can have any obvious weaknesses or strengths associated with them.

If anyone has anything that can help me out, that'd be so appreciated.  :)
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on June 06, 2018, 11:55:34 am
'Discuss' is more flexible than just S&W - it means to look at a range of perspectives and subjective opinions. So ask yourself questions like:

- Are all of these roles good and desirable? Do we like that the judge doesn't assist parties? Do we like that the lawyers have to balance duties to the court and their client? Etc

- Are all of these roles performed effectively in practice?

- Do any of these roles (while desirable in some ways) have negative side effects, so it's a trade-off?

Those kinds of things.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on June 16, 2018, 12:28:05 am
Hi guys,

Just a case study question:
Ronald became violent towards his partner Belinda, resulting in her being hospitalised. Ronald has since been charged with various indictable offences, including causing serious injury intentionally. Ronald has been refused bail and has not pleaded guilty. He wants to negotiate with the prosecutor to drop the charges and for him to be found not guilty. Belinda doesn't like the idea of negotiations.

And the question is - "Discuss the appropriateness of plea negotiations in this case."

Now I'm not sure what to discuss. Do I need to have a point of view? I don't know if they're appropriate to this case or not. Or do I not have a point of view?
Also, for the strengths, could you say how it'll be quicker, and other general advantages of plea negotiations? Or do I need to talk about the strengths of plea negotiations relating to the case? I don't what advantages plea negotiations could bring to this case though.
Also, would a weakness be that Ronald would be let off too easily and that if Belinda doesn't like negotiations, then it would not be appropriate to have them? (because she won't cooperate)

What would be other things I could put into my answer? (It's for 5 marks)

Thanks a lot guys! :)

Title: Re: VCE Legal Studies Question Thread
Post by: viralcricstar on June 16, 2018, 01:30:47 pm

Hi MissSmiley,
Firstly make sure you have a list of when plea negotations can be appropriate and when can it.
This is how i would structure my response:
Define plea negotiations

Paragprah 1:
Plea negotations may not be appropriate in this case as Ronald does not want to plead guilty. 
Furthermore, they may also be inappropriate as the victim in this case (Belinda) views plea negotiations in a bleak manner.

Paragraph 2:
Because this question is skewed towards plea negotations is not being appropriate, the only way plea negotations would be appropriate is that there are a large number of cases for the prosecution, and hence a plea negotation could reduce Ronald's charges which would mean that the proseuction saves ample of time and funds

Feel free to suggest any issues with my structure :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on June 16, 2018, 06:22:39 pm
Hi MissSmiley,
Firstly make sure you have a list of when plea negotations can be appropriate and when can it.
This is how i would structure my response:
Define plea negotiations

Paragprah 1:
Plea negotations may not be appropriate in this case as Ronald does not want to plead guilty. 
Furthermore, they may also be inappropriate as the victim in this case (Belinda) views plea negotiations in a bleak manner.

Paragraph 2:
Because this question is skewed towards plea negotations is not being appropriate, the only way plea negotations would be appropriate is that there are a large number of cases for the prosecution, and hence a plea negotation could reduce Ronald's charges which would mean that the proseuction saves ample of time and funds

Feel free to suggest any issues with my structure :)
Thanks a lot viralcricstar!
I'll use your structure and suggestions to write a response and I'll check it with my teacher!
Thank you! :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on July 04, 2018, 09:15:49 pm
Hi everyone,

I'm unsure on what "checks and balances" actually means...
Often I find myself using either word in all of my answers, and then my teacher tells me when it doesn't make sense when I use 'checks' or 'balances.'
For example obviously when talking about the Seperation of powers you would use this, but what other areas could you use this?
Could I say that s109 helps to balance power between the Commonwealth and State law-making arms by acting as a restriction on state law-making power? (states realise that Commonwealth law prevails?)
But then I think Commonwealth has more power over the states anyway (because there's more laws made through exclusive and concurrent powers). So how can there be a balance anytime?

I'm confused!
All the 5 things (bicameral structure...double majority obviously act as "checks" on Aus Constitution (that's what the study design says)
But where could I use 'balances'?

Thank you so much!!  :)

Title: Re: VCE Legal Studies Question Thread
Post by: viralcricstar on July 04, 2018, 10:07:45 pm
Hi Miss Smiley,
I reckon you could use the word balances for 'requirement of a double majority in a referendum', where the power to create and pass a proposal does not entirely lie with the parliament. It is balanced out between the parliament, and the people as well because both these parties are required vote.
Balances could of course be used for seperation of powers too as the seperation of executive, judicial, and legislative powers are distributed (in theory).

Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: viralcricstar on July 04, 2018, 10:08:03 pm
Hi MissSmiley,
I reckon you could use the word balances for 'requirement of a double majority in a referendum', where the power to create and pass a proposal does not entirely lie with the parliament. It is balanced out between the parliament, and the people as well because both these parties are required vote.
Balances could of course be used for seperation of powers too as the seperation of executive, judicial, and legislative powers are distributed (in theory).

Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: lou0018 on July 30, 2018, 11:13:16 pm
Opinions on doing legal without units 1/2? I'm a hard worker and tend to be good at humanities. I am aiming for 40+ study score, is this doable in legal? and what style of learning/ study should i focus on if i study legal? Thank you
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on July 31, 2018, 09:21:39 am
Opinions on doing legal without units 1/2? I'm a hard worker and tend to be good at humanities. I am aiming for 40+ study score, is this doable in legal? and what style of learning/ study should i focus on if i study legal? Thank you
Hi lou0018,
This is absolutely a doable goal! Units 1/2 are certainly important for background information, and it will be more work and holiday studies for you to catch up, but if you're a hard worker and have a good memory, Legal is quite a straightforward subject.
The 'style of learning' that I've found most effective in Legal is rote - there's a lot of information to take in, but much of it is just simple memorisation. Questions are typically straightforward, so as long as you know your stuff you'll be absolutely fine.
I recommend talking with your school's Legal teacher/s and flipping through both the 1/2 and 3/4 study designs. Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: lou0018 on July 31, 2018, 02:27:43 pm
Hi lou0018,
This is absolutely a doable goal! Units 1/2 are certainly important for background information, and it will be more work and holiday studies for you to catch up, but if you're a hard worker and have a good memory, Legal is quite a straightforward subject.
The 'style of learning' that I've found most effective in Legal is rote - there's a lot of information to take in, but much of it is just simple memorisation. Questions are typically straightforward, so as long as you know your stuff you'll be absolutely fine.
I recommend talking with your school's Legal teacher/s and flipping through both the 1/2 and 3/4 study designs. Good luck!

Thank u very much :)
Title: Re: VCE Legal Studies Question Thread
Post by: You dont know me on August 13, 2018, 04:44:26 pm
Does anyone have any practice SACs for U4 AOS1 that they'd be kind enough to share? Thank you!
Check the VCE notes page on this site:
Spoiler
https://atarnotes.com/notes/?pag=1&state=3720&subject=4806&unit=3727&key=&sort=date
:)
Title: Re: VCE Legal Studies Question Thread
Post by: lanitresidder on September 04, 2018, 08:04:16 pm
How many hours of studying/revision do people do before a SAC?
Title: Re: VCE Legal Studies Question Thread
Post by: You dont know me on September 04, 2018, 09:31:57 pm
How many hours of studying/revision do people do before a SAC?

It’s best to spread out the studying, over weeks really. Study’s show that a person that studies the same thing for 10 minutes a day for three days straight are much more likely to remember something than someone studying it for 30 mins in one day. If you left the studying to the last minute, I do 30-40 minutes of straight study, then I play a game of something that goes for like 10-15 mins, then I repeat for however long I can. It varies from person to person. If you left it to like the very very last minute, better crack down now and study your butt off my friend :). Just don’t do like 2 hours of study straight, you’re capability to learn will decrease.
Title: Re: VCE Legal Studies Question Thread
Post by: crystahlll on September 05, 2018, 05:33:32 am
hey all, i'm taking legal studies next year and would love for any tips on memorisation and scoring well! i am interested in humanities but i didn't do too well for my final exams despite scoring A all year... so i'm quite worried honestly :(
Title: Re: VCE Legal Studies Question Thread
Post by: rayaalandrito on September 21, 2018, 09:59:01 am
hi everyone!!

i'm a year 10, who might be doing legal studies in year 11 and i wanna know kind of content is studied. what kind of sacs do we do? is it a heavy-content subject?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on September 21, 2018, 12:55:51 pm
hi everyone!!

i'm a year 10, who might be doing legal studies in year 11 and i wanna know kind of content is studied. what kind of sacs do we do? is it a heavy-content subject?
Hey!
legal studies is a great option. It's quite straight-forward, and content-wise it's heavy but it makes a lot of sense. If you want to look at what's involved in SACs and what you'll study, read the Legal Studies Study Design for all units. Hope you can choose what's right for you. Good luck!
Title: Re: VCE Legal Studies Question Thread
Post by: lanitresidder on September 22, 2018, 05:08:55 pm
Does anyone have any practice exams for the new study design (excluding VCAA's sample exams and those of the past) that they'd be kind enough to share?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on September 23, 2018, 11:53:03 am
hey all, i'm taking legal studies next year and would love for any tips on memorisation and scoring well! i am interested in humanities but i didn't do too well for my final exams despite scoring A all year... so i'm quite worried honestly :(
Hi there! Sorry I didn't see this question sooner.
Scoring well is all about doing what's best for you. In Legal Studies, the typical way of learning is just rote - copy down definitions from your textbook in your own words, make summaries for every study design dot point or chapter, and even make flashcards of things you need to know. Legal is about applying your learning, so make sure you don't just memorise simple definitions; look at case studies and ask questions. Follow the news and apply what you've learnt to present-day situations, or personal experiences. Ask your teacher for plenty of practice SACs. And overall, don't worry about what happened in humanities. Legal is a new start for you, and as long as you put the work in, you'll be alright. Good luck. :)

Does anyone have any practice exams for the new study design (excluding VCAA's sample exams and those of the past) that they'd be kind enough to share?
Hi lanitresidder,
Unfortunately, practice exams from different companies such as NEAP, TSSM or TSFX are all under copyright, and it is against ATAR Notes' policy to distribute copyright products. However, you could ask your teachers for more practice exams and typically schools will provide these for you. Sorry we couldn't help you more.
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on September 24, 2018, 07:02:36 pm
This is a question I've had throughout the year but only now decided to ask.
Do we even need to know cases for Legal Studies?
Other than the Unit 4 High court, referendum and section 7 and 24 cases, the study design makes no mention of needing case studies for any of the other dot points.
If this is the case, why do teachers push for students to memorise a number of cases for other aspects of the study design?
Do examiners even expect us to mention cases in answers not relating to the ones specifically mentioned in the SD? Is it not possible to receive full marks without referring to a case?
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on October 01, 2018, 04:34:53 pm
I just had a question about KK7 of U4AOS2, 'the significance of one High Court case which has had an impact on the division of constitutional law-making powers'. My legal textbook doesn't seem to include a case for this and is very unclear; it mentions the Roach and Rowe cases for Sections 7 and 24, then immediately goes to the external affairs powers and the Franklin Dam case.
Am I able to use the Roach case for this key knowledge point? If not, can someone please recommend a case that I can use?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on October 01, 2018, 04:47:44 pm
I just had a question about KK7 of U4AOS2, 'the significance of one High Court case which has had an impact on the division of constitutional law-making powers'. My legal textbook doesn't seem to include a case for this and is very unclear; it mentions the Roach and Rowe cases for Sections 7 and 24, then immediately goes to the external affairs powers and the Franklin Dam case.
Am I able to use the Roach case for this key knowledge point? If not, can someone please recommend a case that I can use?
Hey,
The textbooks are a bit blurry in this regard, but the 'division of constitutional law-making powers' would be with the Tasmanian Dam (Franklin Dam) Case, as the Commonwealth encroached on the Tasmanian government's residual area of power via their environmental treaty.It's best to stick with the Tazzy Case for this point and the Roach case for sections 7 and 24.
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on October 01, 2018, 05:02:40 pm
Hey,
The textbooks are a bit blurry in this regard, but the 'division of constitutional law-making powers' would be with the Tasmanian Dam (Franklin Dam) Case, as the Commonwealth encroached on the Tasmanian government's residual area of power via their environmental treaty.It's best to stick with the Tazzy Case for this point and the Roach case for sections 7 and 24.

Thank you so much - this has confused me for ages!!
Title: Re: VCE Legal Studies Question Thread
Post by: lanitresidder on October 04, 2018, 08:44:46 pm
Is it safe to presume that questions from VCAA’s sample exam definitely won’t be repeated on the end-of-year?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on October 04, 2018, 08:55:01 pm
Is it safe to presume that questions from VCAA’s sample exam definitely won’t be repeated on the end-of-year?
Exact questions will most likely not be repeated - however, a sample exam is made as an indication, or practice paper, of the real final exam - thus, it's safe to assume that extremely similar questions or situations will come up in the end-of-year exam. Best to go over the sample exam as many times as you can.

This is a question I've had throughout the year but only now decided to ask.
Do we even need to know cases for Legal Studies?
Other than the Unit 4 High court, referendum and section 7 and 24 cases, the study design makes no mention of needing case studies for any of the other dot points.
If this is the case, why do teachers push for students to memorise a number of cases for other aspects of the study design?
Do examiners even expect us to mention cases in answers not relating to the ones specifically mentioned in the SD? Is it not possible to receive full marks without referring to a case?
And sorry, Lear, no-one's answered this so I'm just going to say my (speculative) view would be that cases act as decent examples to strengthen points we may make in an exam question. It may be difficult to be given full marks on a question that would be tied together with a case study - answers can seem kind of stilted without examples sometimes. I also use them to link specific points so that I can remember points that are referred to in the study design better. Sorry again that I have no sure answer, I've been waiting for meganrobyn to make a move haha

But my opinion is that we are being taught these cases for a reason - and that reason would, ultimately, be our end-of-year examination.

edit: why don't you ask your teacher about it? I'm sure they'd be happy to tell you, if not a little amused that this has been left for so long
Title: Re: VCE Legal Studies Question Thread
Post by: Lear on October 04, 2018, 09:00:31 pm
Thanks Poet, I really appreciate it :D
I will also consult my teacher.
Title: Re: VCE Legal Studies Question Thread
Post by: madhu04 on October 06, 2018, 09:54:57 pm
Do we need to special condition attached to CCO?  If so how many should I learn?

It's things like unpaid community eork, curfew,  alcohol exclusion etc


Thanks
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on October 20, 2018, 10:46:57 pm
I'm abit unsure as to how to approach question 3 of the sample exam
"Why is the requirement for standing important for a court to be able to make laws?"
Title: Re: VCE Legal Studies Question Thread
Post by: DoctorTwo on October 20, 2018, 11:42:33 pm
I'm abit unsure as to how to approach question 3 of the sample exam
"Why is the requirement for standing important for a court to be able to make laws?"

Hey! Once you understand how standing affects a court's ability to make laws, you won't forget it and you can use it in a variety of examples, such as the disadvantages for Section 109.

To answer the question, the requirement for standing is important for a court to be able to make laws because it cannot make common law (or change/interpret statute law) unless a plaintiff with standing initiates a case.
To have their claim heard in a court, a plaintiff must be directly affected by the defendant's actions, and be affected to a greater degree than the general public. Basically, you can't just sue someone because they're doing something wrong, you have to be directly affected by it. For example, in the McBain case, McBain, the doctor, was directly affected by the inconsistency in the Commonwealth and state laws because he was fined under the Commonwealth Act. If somebody who noticed the inconsistency, but wasn't directly affected by it, tried to challenge the state law, they probably wouldn't have standing and the court wouldn't be able to hear their case, even though it was completely justified.This is why I said it can be used for disadvantages in Section 109 - the state law cannot be deemed inoperable unless someone with standing challenges it. Remember, courts cannot change the law without a case before them, even if it is justified.
The requirement for standing is in a similar vein to costs and time in bringing a case to court. If nobody has standing, or nobody has the time and money to initiate a case, the court cannot change the law, so their law-making ability is extremely limited in this respect.
Title: Re: VCE Legal Studies Question Thread
Post by: dsabeta on October 21, 2018, 12:38:00 am
Hey! Once you understand how standing affects a court's ability to make laws, you won't forget it and you can use it in a variety of examples, such as the disadvantages for Section 109.

To answer the question, the requirement for standing is important for a court to be able to make laws because it cannot make common law (or change/interpret statute law) unless a plaintiff with standing initiates a case.
To have their claim heard in a court, a plaintiff must be directly affected by the defendant's actions, and be affected to a greater degree than the general public. Basically, you can't just sue someone because they're doing something wrong, you have to be directly affected by it. For example, in the McBain case, McBain, the doctor, was directly affected by the inconsistency in the Commonwealth and state laws because he was fined under the Commonwealth Act. If somebody who noticed the inconsistency, but wasn't directly affected by it, tried to challenge the state law, they probably wouldn't have standing and the court wouldn't be able to hear their case, even though it was completely justified.This is why I said it can be used for disadvantages in Section 109 - the state law cannot be deemed inoperable unless someone with standing challenges it. Remember, courts cannot change the law without a case before them, even if it is justified.
The requirement for standing is in a similar vein to costs and time in bringing a case to court. If nobody has standing, or nobody has the time and money to initiate a case, the court cannot change the law, so their law-making ability is extremely limited in this respect.

This explanation was seriously great, thank you sososo much!! :D
Title: Re: VCE Legal Studies Question Thread
Post by: Google123 on October 24, 2018, 09:30:01 am
Hi all,
Just asking about how to structure the Sample Exam 10 mark question?

"Discuss the extent to which the use of a judge and jury in criminal and civil trials helps the justice system achieve the principles of fairness and equality."
There are many things going on, so how do you separate them?
I tried doing it this way:
- Intro = to a large extent...
- paragraph 1 = jury - how its use leads to a fair trial, how it achieves equality (total of 2 points)
However, (and then one weakness of it)
- paragraph 2 = judge - how its use leads to a fair + equal trial (total of 2 points)
One weakness
- conclusion

My answer is long, (38 lines in the answer book) and I submitted this to my teacher, but she says it's not comprehensive enough for 10 marks. She said provide examples for my points. But what does she mean by examples? It's just the roles right? What would be examples?

Would really appreciate some help!

Thank you very much!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: Rachel braden on November 05, 2018, 04:36:35 pm
Heyy
does anyone no where to find practice exams for new 2018 study design???
cos ive got hardly any except VCAA Sample 2018
thanku
Title: Re: VCE Legal Studies Question Thread
Post by: DoctorTwo on November 07, 2018, 09:34:04 pm
For question 5 on the sample exam, which is an 'advise' question, do we have to agree that CAV is the most appropriate body and then justify this? Because I wrote a sample answer that said basically VCAT was more appropriate because it offers a final and binding decision and the vendor isn't prepared to settle while CAV only takes cases that have a reasonable chance of settlement. My teacher said she wouldn't have given me full marks because CAV is more appropriate. Is there a right answer and will you lose marks for choosing one side over another? Thanks.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on November 09, 2018, 03:02:40 pm
Hi everyone,

Just wanted to know, how do you answer an 'analyse' question? Our teacher mentions to write about 'how' and 'why,' but if it's a question like 'analyse the role of the media to encourage law reform' or something like that, how do you answer this?
I can explain the 'how' part, but what about the 'why'? Just because it gets public attention?
How do you analyse any analyse question?

Also, (perhaps past students can respond better to this):
how do the assessors separate students when it comes to the higher bands? Since memorising plays a big part in legal and which potentially everyone can do as a basic requirement, how do you stand out?
Obviously the way you answer questions matters, but will it be impressive if you know the very comprehensive details about every section in the areas of study?
Or what do you need to do that'll be special?

Sorry for the many questions, but would really appreciate a response!!

Thank you very much! :)
Title: Re: VCE Legal Studies Question Thread
Post by: clarke54321 on November 09, 2018, 03:23:01 pm
Just wanted to know, how do you answer an 'analyse' question? Our teacher mentions to write about 'how' and 'why,' but if it's a question like 'analyse the role of the media to encourage law reform' or something like that, how do you answer this?
I can explain the 'how' part, but what about the 'why'? Just because it gets public attention?
How do you analyse any analyse question?

This question type entails some sort of evaluation. Usually, you'd begin with a general outline. For example, 'While the media has provoked some legislative change, its effectiveness remains somewhat limited'. Your answer could then follow something similar:

P1: What are the strengths of the media? How: through its ability to reach a wide-spanning audience. Why (is this effective): it can garner greater support/engage greater attention. Including an example would be excellent here.

P2: What are the limitations? Repeat.

Therefore you will often find that the how/why is inextricable. You are just explaining the significance of a certain function. Examples are great for helping with this  :)


Also, (perhaps past students can respond better to this):
how do the assessors separate students when it comes to the higher bands? Since memorising plays a big part in legal and which potentially everyone can do as a basic requirement, how do you stand out?
Obviously the way you answer questions matters, but will it be impressive if you know the very comprehensive details about every section in the areas of study?
Or what do you need to do that'll be special?

I think the best way to stand out is through detail. Yes, many students will have memorised the core points. But not many students will have taken the time to consider the wider implications of these points. For example, a student may remember that in the adversary system, a witness needs to submit to strict procedural rules. However, they may not consider how narrow questions can incite intimidation, pressure or a fallible memory, where the prospects of a fair and unbiased trial is severely restricted. If not included in the question, an even stronger student may then link these issues to the relevance of reform and the approaches being suggested to overcome these issues.

In addition to the importance of detail, examiners want you to be clear. Set out your short contention at the top, and go through your paragraphs systematically reaching some kind of conclusion. It does not need to be flowery. Conciseness is appreciated.

Good luck  :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on November 09, 2018, 04:12:49 pm
This question type entails some sort of evaluation. Usually, you'd begin with a general outline. For example, 'While the media has provoked some legislative change, its effectiveness remains somewhat limited'. Your answer could then follow something similar:

P1: What are the strengths of the media? How: through its ability to reach a wide-spanning audience. Why (is this effective): it can garner greater support/engage greater attention. Including an example would be excellent here.

P2: What are the limitations? Repeat.

Therefore you will often find that the how/why is inextricable. You are just explaining the significance of a certain function. Examples are great for helping with this  :)


I think the best way to stand out is through detail. Yes, many students will have memorised the core points. But not many students will have taken the time to consider the wider implications of these points. For example, a student may remember that in the adversary system, a witness needs to submit to strict procedural rules. However, they may not consider how narrow questions can incite intimidation, pressure or a fallible memory, where the prospects of a fair and unbiased trial is severely restricted. If not included in the question, an even stronger student may then link these issues to the relevance of reform and the approaches being suggested to overcome these issues.

In addition to the importance of detail, examiners want you to be clear. Set out your short contention at the top, and go through your paragraphs systematically reaching some kind of conclusion. It does not need to be flowery. Conciseness is appreciated.

Good luck  :)
This is exactly what I wanted!!
You're the best, Clarke!!
Thank you!😊
Title: Re: VCE Legal Studies Question Thread
Post by: ImTryingIGuess on November 10, 2018, 06:32:46 pm
Quick question, How many lines or rather how long should 3 mark questions be?
I know it is an open-ended question, as it is dependant on the size of the writing, but I just want an estimation.
From what I've seen it's around 1 paragraph length, but I tend to write in a brief straight to the point manner, and so that answers itself feels rather short.

Thank you in advance!
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on November 10, 2018, 06:55:34 pm
Quick question, How many lines or rather how long should 3 mark questions be?
I know it is an open-ended question, as it is dependant on the size of the writing, but I just want an estimation.
From what I've seen it's around 1 paragraph length, but I tend to write in a brief straight to the point manner, and so that answers itself feels rather short.

Thank you in advance!
Hey!
A 3 mark question on the sample VCAA exam has 12 lines, and they're about 14cm in length haha!
It's good that you write straight to the point, but you want to fully explain your point as well. So I think it's best if you stick with the 1.5 mins per mark rule, so you have 4.5 mins for the 3 marker. If you write at a steady pace, I'll suggest maybe using 3 or 3.5 mins for 3 mark questions, so you can maybe have extra time for the 6,8 and 10 markers.
Make sure you write at least a sentence to elaborate on your point. (most likely you'll have 1 main point, but then elaborate, provide an example, briefly conclude)
That should occupy at least 10 lines + will hopefully be manageable in 3-4 mins!
Does that answer your question?

Good luck! :)
Title: Re: VCE Legal Studies Question Thread
Post by: ImTryingIGuess on November 10, 2018, 07:23:31 pm
Hey!
A 3 mark question on the sample VCAA exam has 12 lines, and they're about 14cm in length haha!
It's good that you write straight to the point, but you want to fully explain your point as well. So I think it's best if you stick with the 1.5 mins per mark rule, so you have 4.5 mins for the 3 marker. If you write at a steady pace, I'll suggest maybe using 3 or 3.5 mins for 3 mark questions, so you can maybe have extra time for the 6,8 and 10 markers.
Make sure you write at least a sentence to elaborate on your point. (most likely you'll have 1 main point, but then elaborate, provide an example, briefly conclude)
That should occupy at least 10 lines + will hopefully be manageable in 3-4 mins!
Does that answer your question?

Good luck! :)

Thanks Smiley! really appreicate the help! I will try and do 10 lines haha
Title: Re: VCE Legal Studies Question Thread
Post by: 31415926535 on November 12, 2018, 12:01:59 pm
How would you answer the last two questions on the VCAA sample exam?


Title: Re: VCE Legal Studies Question Thread
Post by: dcassss on November 12, 2018, 01:05:35 pm
 in regards to the brislan case who brought the case to the high court brislan or the state in which she resides? and if it is brislan how is it that s.109 is applied?
Title: Re: VCE Legal Studies Question Thread
Post by: ImTryingIGuess on November 13, 2018, 04:43:31 pm
Regarding references to cases, such as the aforementioned Brislan case, what would the best answer in the exam be
"Brislan case" or the full title, such as "R v Brislan (1935)"
Would the former take away from the overall answer?
thanks in advance and good luck to everyone who's doing the exam tomorrow  :D
Title: Re: VCE Legal Studies Question Thread
Post by: etakar on November 13, 2018, 04:48:07 pm
Regarding references to cases, such as the aforementioned Brislan case, what would the best answer in the exam be
"Brislan case" or the full title, such as "R v Brislan (1935)"
Would the former take away from the overall answer?
thanks in advance and good luck to everyone who's doing the exam tomorrow  :D
either should be fine, if you know the "R v Brislan 1935" it wouldn't hurt to use it
Title: Re: VCE Legal Studies Question Thread
Post by: ImTryingIGuess on November 13, 2018, 04:53:34 pm
either should be fine, if you know the "R v Brislan 1935" it wouldn't hurt to use it

Thanks for the swift response etakar!
Title: Re: VCE Legal Studies Question Thread
Post by: 31415926535 on November 13, 2018, 04:54:03 pm
Help, does anyone know an example of how the Victorian Parliament upheld their representative function?
Title: Re: VCE Legal Studies Question Thread
Post by: SemiAdapted on November 13, 2018, 05:24:53 pm
Help, does anyone know an example of how the Victorian Parliament upheld their representative function?

Not sure if there's anything really solid about this in any of the textbooks, since this is a really broad point. You could possibly talk about Oscar's Law or Brodie's Law, as these both were examples of people being unhappy with the outcome of a case and changing the law in regards to the will of the people. Theoretically you could take any law passed by parliament and say there were groups who wanted such laws and represented the interests of the voters.
Title: Re: VCE Legal Studies Question Thread
Post by: 31415926535 on November 13, 2018, 07:28:58 pm
Not sure if there's anything really solid about this in any of the textbooks, since this is a really broad point. You could possibly talk about Oscar's Law or Brodie's Law, as these both were examples of people being unhappy with the outcome of a case and changing the law in regards to the will of the people. Theoretically you could take any law passed by parliament and say there were groups who wanted such laws and represented the interests of the voters.

Thank you so much!
Title: Re: VCE Legal Studies Question Thread
Post by: kez1234 on November 13, 2018, 08:22:22 pm
Good luck tomorrow, everyone!  :) :)
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on November 13, 2018, 08:41:41 pm
^^ Good luck to you too! :)

Any light predictions on the 10 mark question tomorrow anyone?  ;D
New study design jitters!!

Don't think it's about role of jury/judge because that was on the sample exam, but not sure!
Anyone want to predict just for fun? :)
Title: Re: VCE Legal Studies Question Thread
Post by: TheBamboozler on November 13, 2018, 08:53:41 pm

Any light predictions on the 10 mark question tomorrow anyone?  ;D


My teacher told me to study recent and recommended reforms because she thinks that's what the 10 marker will be on.
Title: Re: VCE Legal Studies Question Thread
Post by: MissSmiley on November 13, 2018, 08:59:56 pm
My teacher told me to study recent and recommended reforms because she thinks that's what the 10 marker will be on.
Yeah we thought of this at school too!
But could also be on the relationship between courts + parliament

Would hate it if it's something random or something focusing on a really small area of content!!
Title: Re: VCE Legal Studies Question Thread
Post by: kez1234 on November 13, 2018, 09:00:47 pm
My teacher is also predicting that the 10 marker will be about recent and recommended reforms.  :P
Title: Re: VCE Legal Studies Question Thread
Post by: courtney2502 on November 13, 2018, 09:27:40 pm
Does anyone know the differences between the VLA and CLCs? I'm struggling to wrap my head around it!
Title: Re: VCE Legal Studies Question Thread
Post by: kez1234 on November 13, 2018, 09:46:11 pm
Hope this helps:

Differences between VLA and CLC's-

CLCs is a more holistic institution available to an accused person not just for legal representation, which is the primary objective of VLA.

Specialist CLCs focus on one area of the law, or one sector of the community, whereas VLA has the capacity to assist everyone in any area.

VLA is a single government agency, whereas CLCs are separate organisations.

Many CLCs do not assist with indictable offences, whereas VLA does.
Title: Re: VCE Legal Studies Question Thread
Post by: courtney2502 on November 14, 2018, 09:30:43 am
Hope this helps:

Differences between VLA and CLC's-

CLCs is a more holistic institution available to an accused person not just for legal representation, which is the primary objective of VLA.

Specialist CLCs focus on one area of the law, or one sector of the community, whereas VLA has the capacity to assist everyone in any area.

VLA is a single government agency, whereas CLCs are separate organisations.

Many CLCs do not assist with indictable offences, whereas VLA does.


That helps heaps!! Thank you so much!
Title: Re: VCE Legal Studies Question Thread
Post by: 31415926535 on November 14, 2018, 11:54:56 am
REALLY QUICKLY WHEN RAPE IN MARRIAGE WAS MADE ILLEGAL WAS IT DONE THROUGH THE COURTS OR DID THE COURTS UPHOLD THE PRECEDENT AND PARLIAMENT abrogated it, I have two different versions in my notes for some reason.
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on November 14, 2018, 12:00:27 pm
REALLY QUICKLY WHEN RAPE IN MARRIAGE WAS MADE ILLEGAL WAS IT DONE THROUGH THE COURTS OR DID THE COURTS UPHOLD THE PRECEDENT AND PARLIAMENT abrogated it, I have two different versions in my notes for some reason.
I heard that rape in marriage was carried on in the courts through the doctrine of precedent, and then this ruling was abrogated by the parliament. Pretty sure they absolutely slammed the judge who made the conservative decision.
Title: Re: VCE Legal Studies Question Thread
Post by: rayaalandrito on December 23, 2018, 11:28:18 pm
hello people!

in class i've learnt about the 3 principles of justice and it's confusing for me to distinguish fairness and equality, because both words are so similar in terms of concepts. so what is the difference between the two principles?
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on December 25, 2018, 03:54:15 pm
hello people!

in class i've learnt about the 3 principles of justice and it's confusing for me to distinguish fairness and equality, because both words are so similar in terms of concepts. so what is the difference between the two principles?
Hey there!
It can be a bit confusing, definitely.
So, let's think of fairness as giving everyone the same opportunities. This is often seen as similar, if not exactly the same as equality, but in law fairness is where people should be able to have a fair hearing and trial, with a fair opportunity to present their case and a competent understanding of court processes. On the other hand, equality is just giving everyone equal footing within the legal system, where no party has an advantage over the other where it can be helped.
Here's a little image that explains it:
(https://s-media-cache-ak0.pinimg.com/736x/94/b9/cf/94b9cff6e57f8bff9db127a2114ce404.jpg)

Thus, equality and fairness are similar, but very separate ideas.
Title: Re: VCE Legal Studies Question Thread
Post by: serahasanoglu on January 09, 2019, 10:40:03 am
Need help with holiday homework!!
Cannot find the answer to this:
Identify four persons or organisations that are able to prosecute a case in court.
Title: Re: VCE Legal Studies Question Thread
Post by: lst1103 on January 09, 2019, 10:48:12 am
DPP
Victoria Police
VicRoads

Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on January 09, 2019, 02:24:08 pm
And, just for fun, list yourself. Private prosecutions by private individuals are permitted by law.

http://www.abc.net.au/pm/content/2005/s1521173.htm
Title: Re: VCE Legal Studies Question Thread
Post by: andreag on January 21, 2019, 05:52:42 pm
Does anyone know when the 2018 exam will be published in the VCAA website? Do they usually publish at the start, middle or end of the next year the exam was taken? (this year 2019)
Title: Re: VCE Legal Studies Question Thread
Post by: Jigsaw on January 21, 2019, 06:03:35 pm
Does anyone know when the 2018 exam will be published in the VCAA website? Do they usually publish at the start, middle or end of the next year the exam was taken? (this year 2019)

There's no set date, but I'd say it will be rather soon considering exams from other subjects are being uploaded. They are always generally uploaded during term 1 (or just before).
Title: Re: VCE Legal Studies Question Thread
Post by: tmgacutan on January 25, 2019, 02:27:37 pm
On the study design it says we have to know "fines, community corrections orders and imprisonment, and their specific purposes". How in-depth should we know something like, say, imprisonment? Is it necessary to know concurrent, cumulative, aggregate and indefinite sentences inside and out or should we just know the basics and how they relate to imprisonment's purposes?
Title: Re: VCE Legal Studies Question Thread
Post by: Jigsaw on January 25, 2019, 03:09:07 pm
On the study design it says we have to know "fines, community corrections orders and imprisonment, and their specific purposes". How in-depth should we know something like, say, imprisonment? Is it necessary to know concurrent, cumulative, aggregate and indefinite sentences inside and out or should we just know the basics and how they relate to imprisonment's purposes?

I'm always of the viewpoint that the more you know about a specific topic, the better. Whilst a question will never ask you to list the different types of prison sentences, you can get a question that requires you to explain the sanction of imprisonment. You can add depth to your answer by referencing these different types. So, my advice is, learn them :) You never do know when you can utilise that knowledge, but when you can, your answer will definitely stand out, and you'll be rewarded.
Title: Re: VCE Legal Studies Question Thread
Post by: vanrossen.h on February 07, 2019, 12:24:47 pm
So I'm kinda new here so there's that I guess.

In the notes I bought at the 3-4 lectures this year, it said we needed to know the specific types of committal procceedings; however, I looked over the study design (I made sure I'm looking at the current one hehe), and all it says is the 'purposes of committal proceedings'.

Also does anyone have an ideas about where to get sample ten mark questions from? I'm really going for that 50 this year, but oof the stress.
Title: Re: VCE Legal Studies Question Thread
Post by: Jigsaw on February 07, 2019, 02:39:45 pm
So I'm kinda new here so there's that I guess.

In the notes I bought at the 3-4 lectures this year, it said we needed to know the specific types of committal procceedings; however, I looked over the study design (I made sure I'm looking at the current one hehe), and all it says is the 'purposes of committal proceedings'.

Also does anyone have an ideas about where to get sample ten mark questions from? I'm really going for that 50 this year, but oof the stress.

Hey! Welcome to the forums  :)

Yes, you're correct. The study design states that you will be required to "explain the purposes of committal proceedings". So what I recommend (and what I did), is to simply have a basic understanding on what committal proceedings are and when they are used (a pre-trial procedure that takes place in the Magistrates' Court for an accused charged with an indictable offence and the accused is pleading not guilty). The purposes of Committal Proceedings are outlined under Section 97 of the Criminal Procedure Act 2009 (Vic) (you don't need to know this statute, but it really adds depth to your answer if you include it!) So, in short, no, you don't need to know the specific types of committal proceedings (still not sure what this means.. do you mean the parts of a committal proceeding?)

As for ten mark questions, take a look at past VCAA papers! Although the questions on pre 2018 exams may no longer be applicable (as they are based on the old study design), parts/all of some of these questions still will be. If you are unsure on whether it is still relevant, take a look at the 2018+ study design/ask here/ask your teacher!

It's nice to see your aiming for that 50! With sustained and consistent effort and work, you'll be setting yourself up for a nice mark for legal studies. Any future questions, feel free to post them here :)
Title: Re: VCE Legal Studies Question Thread
Post by: vanrossen.h on February 07, 2019, 06:27:35 pm
Hey! Welcome to the forums  :)

Yes, you're correct. The study design states that you will be required to "explain the purposes of committal proceedings". So what I recommend (and what I did), is to simply have a basic understanding on what committal proceedings are and when they are used (a pre-trial procedure that takes place in the Magistrates' Court for an accused charged with an indictable offence and the accused is pleading not guilty). The purposes of Committal Proceedings are outlined under Section 97 of the Criminal Procedure Act 2009 (Vic) (you don't need to know this statute, but it really adds depth to your answer if you include it!) So, in short, no, you don't need to know the specific types of committal proceedings (still not sure what this means.. do you mean the parts of a committal proceeding?)

As for ten mark questions, take a look at past VCAA papers! Although the questions on pre 2018 exams may no longer be applicable (as they are based on the old study design), parts/all of some of these questions still will be. If you are unsure on whether it is still relevant, take a look at the 2018+ study design/ask here/ask your teacher!

It's nice to see your aiming for that 50! With sustained and consistent effort and work, you'll be setting yourself up for a nice mark for legal studies. Any future questions, feel free to post them here :)

thank you so much!!! It's going to be my first VCE exam and I gotta admit that I'm kinda stressed about doing it in year 11, but hey.

Have to start somewhere right?
Title: Re: VCE Legal Studies Question Thread
Post by: J_Rho on February 14, 2019, 04:48:33 pm
Whats a recent criminal case heard by the Victorian Magistrates Court???
Title: Re: VCE Legal Studies Question Thread
Post by: blubber on February 17, 2019, 05:49:31 pm
When discussing 'The rights of accused' and The rights of victims' in Unit 3 AOS 1, are we expected to know which section of which statute each feature of the rights comes out of?
Title: Re: VCE Legal Studies Question Thread
Post by: Jigsaw on February 17, 2019, 05:51:19 pm
When discussing 'The rights of accused' and The rights of victims' in Unit 3 AOS 1, are we expected to know which section of which statute each feature of the rights comes out of?

No, you're not. But it's always nice to include it in your answer to add extra depth.
Title: Re: VCE Legal Studies Question Thread
Post by: arjs20 on February 18, 2019, 12:31:11 pm
Hi Everyone! Just a question! When an indictable case is heard summarily, would the sentence indicators be applied as an indictable offence or an summary offence? Would the accused still have to apply for the sentence indicator and given consent by the prosecution?? - Ari
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 18, 2019, 08:25:49 pm
Hi Everyone! Just a question! When an indictable case is heard summarily, would the sentence indicators be applied as an indictable offence or an summary offence? Would the accused still have to apply for the sentence indicator and given consent by the prosecution?? - Ari

Once it's transferred, it *is* a summary offence.
Title: Re: VCE Legal Studies Question Thread
Post by: arjs20 on February 19, 2019, 04:28:29 pm
Once it's transferred, it *is* a summary offence.
But you can't downgrade an indictable offence to a summary offence, it's only heard as a summary offence.
Title: Re: VCE Legal Studies Question Thread
Post by: mkhudruj on February 19, 2019, 08:35:56 pm
Hello Fellow VCE Friends and Competition Bodies.
I really need your help right now!

I HAVE A LEGAL SAC COMING UP THIS THURSDAY THE 21ST ON THE CRIMINAL JUSTICE SYSTEM U3AOS1 AND IM CRAZY SCARED and would truly appreciate if anyone could please give me any tips and tricks, advice or personal things that you guys have implemented to study before such as SAC that has worked for you.

It would also be truly appreciated if anyone has any resources like practice SACs or notes that they would be willing to share![/b]

Thanks,
MK
Title: Re: VCE Legal Studies Question Thread
Post by: jemima.allpress on February 19, 2019, 09:43:59 pm
Hey!

An answer to this question would be greatly appreciated.
Peppa has been charged with possessing a prohibited weapon. She is at the Magistrates’ Court and is unrepresented. Peppa is nervous waiting for her hearing and doesn’t know what to do. She has been told that there are ‘duty lawyers’ available who can present the case on her behalf. After tax, Peppa’s weekly income is less than $1000. She lives on her own and has no children. 
Will Peppa be eligible to be legally represented at her hearing?   

thank you
Title: Re: VCE Legal Studies Question Thread
Post by: Jimmmy on February 19, 2019, 10:18:51 pm
Hey!

An answer to this question would be greatly appreciated.
Peppa has been charged with possessing a prohibited weapon. She is at the Magistrates’ Court and is unrepresented. Peppa is nervous waiting for her hearing and doesn’t know what to do. She has been told that there are ‘duty lawyers’ available who can present the case on her behalf. After tax, Peppa’s weekly income is less than $1000. She lives on her own and has no children. 
Will Peppa be eligible to be legally represented at her hearing?   

thank you
Hi Jemima,

I'd assume a duty lawyer would be sufficient as being 'legally represented' in that question? If so, yes she should be eligible, as long as she can justify that her income is limited. With the information given, less than $1000 is probably low enough, but if any other information was provided (eg. the source of her primary income being welfare based), then that'd support her case in being legally represented by a duty lawyer. The fact that the charge is possessing a prohibited weapon, which is on the more serious end of summary offences, will mean she is prioritised as long as she passes the Income Test (ie. limited income, centrelink card or pensioner concession card).

Hope that helps!
Title: Re: VCE Legal Studies Question Thread
Post by: jemima.allpress on February 20, 2019, 09:03:07 am
Hi Jemima,

I'd assume a duty lawyer would be sufficient as being 'legally represented' in that question? If so, yes she should be eligible, as long as she can justify that her income is limited. With the information given, less than $1000 is probably low enough, but if any other information was provided (eg. the source of her primary income being welfare based), then that'd support her case in being legally represented by a duty lawyer. The fact that the charge is possessing a prohibited weapon, which is on the more serious end of summary offences, will mean she is prioritised as long as she passes the Income Test (ie. limited income, centrelink card or pensioner concession card).

Hope that helps!

Thanks heaps Jimmmy...yes that is very helpful :)
Title: Re: VCE Legal Studies Question Thread
Post by: jemima.allpress on February 20, 2019, 11:34:45 am
hey everyone

another question i am having trobule with...i'm working on plea negotiations at the moment.....

Farrah has been charged with a number of murders that took place between 1995 and 2014. The murders were horrific, and the public has waited for a significant amount of time for justice to be done. However, many of the witnesses are unable to give evidence, as they cannot be located. The preparation for trial and the trial itself will take some time. The victims’ families want their day in court.

Do you think a plea negotiation is appropriate? Justify your response...

thx
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 20, 2019, 03:13:04 pm
But you can't downgrade an indictable offence to a summary offence, it's only heard as a summary offence.

Well, you kind of can, because of the definition of indictable and summary. The definition of 'indictable' at law is essentially those offences that can be heard by a jury before a judge (not a magistrate). A summary offence is an offence that receives a summary hearing. So it's a procedural shift rather than a legislative classification shift, but by giving it a summary hearing it essentially becomes a summary offence for the purposes of that hearing, subject to summary offence sanction limits and with no procedure for using a jury. That's why the resolution of these disputes is lumped together with other summary offences in the annual report stats of MC matter completion rates.
Title: Re: VCE Legal Studies Question Thread
Post by: katiebear02 on February 27, 2019, 06:42:04 pm
Hi everyone,
Does anyone know if there are any major changes between the latest study design and the old one? I'm trying to get hold of a cheaper textbook as a second resource for an online course and I just don't want to be getting entirely the wrong information.
Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on February 27, 2019, 08:28:10 pm
Hi everyone,
Does anyone know if there are any major changes between the latest study design and the old one? I'm trying to get hold of a cheaper textbook as a second resource for an online course and I just don't want to be getting entirely the wrong information.
Thanks!

It was a major SD review. Don't get any textbook earlier than 2018.
Title: Re: VCE Legal Studies Question Thread
Post by: pm_me_ur_eggs on March 04, 2019, 01:34:42 pm
"Identify two ways individuals can help achieve social cohesion" (2 marks)
"Describe how the legal system assists social cohesion" (2 marks)


I have a unit 1 SAC tomorrow so is there any other key information that I need to know?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on March 09, 2019, 10:06:30 pm
Hey!

An answer to this question would be greatly appreciated.
Peppa has been charged with possessing a prohibited weapon. She is at the Magistrates’ Court and is unrepresented. Peppa is nervous waiting for her hearing and doesn’t know what to do. She has been told that there are ‘duty lawyers’ available who can present the case on her behalf. After tax, Peppa’s weekly income is less than $1000. She lives on her own and has no children. 
Will Peppa be eligible to be legally represented at her hearing?   

thank you

This question goes beyond the SD - also it's really technical, as a person with no dependent children needs to earn less than $800. But you don't have to know that, and the scenario doesn't give you that info anyway.
Title: Re: VCE Legal Studies Question Thread
Post by: dingaling on March 10, 2019, 04:59:02 pm
Hey guys!
I have a sac for U3AOS1 coming up soon and I was working my way through the revision question in teh J&O book. I'm having a bit of trouble with Q6:
To what extent is there a right to trial by jury in Victoria? Justify your answer. [5 marks]
Does anyone know roughly what the mark breakdown for this question is or what the key points I should write about are?

Thankyou :)
Title: Re: VCE Legal Studies Question Thread
Post by: 2madhatter on March 11, 2019, 10:32:52 pm
Hey so, for this type of answer this is how my teacher would mark it.
1 mark - describe who has the right to a trial by jury
1 mark - opinion
1 mark - two strengths of this (justification)
1 mark - two weaknesses (justification)
1 mark - depth which can be a related case, additional strengths and weaknesses or the definition of a jury

hope this helps  :)
Title: Re: VCE Legal Studies Question Thread
Post by: dingaling on March 13, 2019, 01:26:38 pm
Hey so, for this type of answer this is how my teacher would mark it.
1 mark - describe who has the right to a trial by jury
1 mark - opinion
1 mark - two strengths of this (justification)
1 mark - two weaknesses (justification)
1 mark - depth which can be a related case, additional strengths and weaknesses or the definition of a jury

hope this helps  :)


Thankyou so much!
Title: Re: VCE Legal Studies Question Thread
Post by: aspiringantelope on April 07, 2019, 02:10:01 pm
Note sure if this belongs here, but
What is the difference between a Republic and Australia's constitutional monarchy?
Found a point somewhere else where
A. Appointed by the PM as is done for the Governor General or

B. Popularly elected.

Is this all? And true? And which one is which?

Sorry, not sure if this is the correct thread lol
Title: Re: VCE Legal Studies Question Thread
Post by: Jimmmy on April 07, 2019, 02:17:48 pm
Note sure if this belongs here, but
What is the difference between a Republic and Australia's constitutional monarchy?
Found a point somewhere else where
A. Appointed by the PM as is done for the Governor General or

B. Popularly elected.

Is this all? And true? And which one is which?

Sorry, not sure if this is the correct thread lol
Haven't learnt it in Legal specifically, but I'll give it a crack. As far as I know, Constitutional Monarchies are lead by the Queen, whereas Republics aren't. For point A: yes the GG does it, and doesn't in a Republic.
Title: Re: VCE Legal Studies Question Thread
Post by: aspiringantelope on April 07, 2019, 02:25:49 pm
Haven't learnt it in Legal specifically, but I'll give it a crack. As far as I know, Constitutional Monarchies are lead by the Queen, whereas Republics aren't. For point A: yes the GG does it, and doesn't in a Republic.
Ok thank you!
Just wasn't really sure where to post this question about government. xD
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 10, 2019, 05:59:09 am
Note sure if this belongs here, but
What is the difference between a Republic and Australia's constitutional monarchy?
Found a point somewhere else where
A. Appointed by the PM as is done for the Governor General or

B. Popularly elected.

Is this all? And true? And which one is which?

Sorry, not sure if this is the correct thread lol

A monarchy has a hereditary head of state, whereas a republic has a democratically chosen head of state (eg through election, with the people voting). A constitutional monarchy is a monarchy, where the monarch (head of state) has its power limited by a constitution.

I don't really understand the second part, sorry. Who is it that you're saying is appointed by the PM? The hypothetical Australian head of state in a republic? There are a number of ways a non-hereditary head of state could be chosen: one is direct election, another is appointment by the legislature or executive government.
Title: Re: VCE Legal Studies Question Thread
Post by: aspiringantelope on April 13, 2019, 05:12:51 pm
Sorry, wondering again:
Would happen to the Constitution if Australia becomes a republic?
Like I know republic is when people vote representatives to go in parliament but I'm not sure if the constitution still applies?

And also does anyone know why the 1999 Referendum did not succeed? [Reasons behind not getting a majority]

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on April 14, 2019, 07:55:12 am
Sorry, wondering again:
Would happen to the Constitution if Australia becomes a republic?
Like I know republic is when people vote representatives to go in parliament but I'm not sure if the constitution still applies?

And also does anyone know why the 1999 Referendum did not succeed? [Reasons behind not getting a majority]

Thanks!

The Constitution would have to be amended in order for us to become a republic. The vast majority of it would remain the same, though.

In terms of failure, there are a bunch of reasons. One big one is that the most popular form of republic wasn't put to the people for the vote; a less popular option for choosing the 'president' was.
Title: Re: VCE Legal Studies Question Thread
Post by: aspiringantelope on April 14, 2019, 10:41:11 am
The Constitution would have to be amended in order for us to become a republic. The vast majority of it would remain the same, though.

In terms of failure, there are a bunch of reasons. One big one is that the most popular form of republic wasn't put to the people for the vote; a less popular option for choosing the 'president' was.
Thank you!  :)
Title: Re: VCE Legal Studies Question Thread
Post by: aspiringantelope on April 23, 2019, 08:53:53 pm
Last one!
I do not get what this means - Section 107 of the constitution, can someone please rewrite this in like a flowing sentence that can be understood for younger people? Thanks
Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
Title: Re: VCE Legal Studies Question Thread
Post by: DoctorTwo on April 24, 2019, 01:51:39 am
Last one!
I do not get what this means - Section 107 of the constitution, can someone please rewrite this in like a flowing sentence that can be understood for younger people? Thanks
Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
Every power (power here means literal law-making power) of each state parliament will continue to be a power of each state parliament, unless that power is given to the Commonwealth parliament. Basically, the states keep all the powers they had before federation unless those powers are given only to the Commonwealth parliament. If they are given only to the Commonwealth parliament, then the states don’t have law-making power in that area anymore. It took me more than a few reads to get it but the title of the section was a huge hint ‘Saving of Power of State Parliaments’.
Title: Re: VCE Legal Studies Question Thread
Post by: aspiringantelope on April 24, 2019, 09:33:54 pm
Every power (power here means literal law-making power) of each state parliament will continue to be a power of each state parliament, unless that power is given to the Commonwealth parliament. Basically, the states keep all the powers they had before federation unless those powers are given only to the Commonwealth parliament. If they are given only to the Commonwealth parliament, then the states don’t have law-making power in that area anymore. It took me more than a few reads to get it but the title of the section was a huge hint ‘Saving of Power of State Parliaments’.
Thank you SO MUCH!!! :]
Title: Re: VCE Legal Studies Question Thread
Post by: An_Ha on April 27, 2019, 12:47:24 pm
Do you know what the role of common law and statute law in developing the law in relation to the offence of assault??
Title: Re: VCE Legal Studies Question Thread
Post by: jemima.allpress on May 09, 2019, 11:31:05 pm
A practice question I have been given...

Imagine that you own a business with a turnover of more than $200,000 a year for the
previous financial year. You operate your business from a small site in a busy street.
You have heard that the local council has granted a planning permit for a multi-dwelling building valued at over $5,000,000 across the road from you. You and several others objected to the granting of the permit, but the council granted the permit anyway. You have decided that you want the decision to grant the permit reviewed by VCAT.

Discuss the extent to which you will be able to access VCAT to resolve this issue.  6 marks

I'm just a bit stuck because although VCAT have a review jurisdiction, would this case be too complex?
Title: Re: VCE Legal Studies Question Thread
Post by: You dont know me on May 16, 2019, 12:00:43 pm
Not related to the study design, but having a debate with some scrub in my private study. Is assisting someone in a suicide, for example, giving them the rope to commit the suicide, illegal, and if so, what would it be punishable by?
Title: Re: VCE Legal Studies Question Thread
Post by: jurisprudence on May 20, 2019, 05:37:49 pm
Not related to the study design, but having a debate with some scrub in my private study. Is assisting someone in a suicide, for example, giving them the rope to commit the suicide, illegal, and if so, what would it be punishable by?

Hey!

That’s actually a really interesting question. Whilst suicide itself is no longer a crime in Australia (this can be found in section 6A of the Crimes Act 1958 for Victoria), assisting suicide is illegal, with the penalty varying according to the state. For example:

• Queensland’s Criminal Code states that a person may be sentenced to life imprisonment.
• In New South Wales, a person found guilty of aiding the suicide of another may receive up to 10 years imprisonment.
• In fact, the Criminal Code Act 1995 also makes it an offence to use a carriage service for suicide related material, with a penalty of 1,000 penalty units. ($210,000)

There have been a number of criminal convictions relating to euthanasia and assisted suicide. The only exception to this is the Voluntary Assisted Dying Act 2017 which legalises physician-assisted suicide in Victoria as of 19 June 2019.
Title: Re: VCE Legal Studies Question Thread
Post by: Ellyjayne27Ellyjayne2 on May 30, 2019, 08:15:03 pm
Please Help me!!
Doesn’t anyone know how the power to give directions as a kind of case management can help to achieve fairness, it’s in my sac Tomorrow!!!
Thankyou!
Title: Re: VCE Legal Studies Question Thread
Post by: AngelaJoh8 on July 05, 2019, 01:59:15 pm
Hello everyone! I'm new to atar notes :)
I'm currently working on some legal studies and i'm stuck on a question and wondering if anyone could help me!
It would be much appreciated if you could - the question is, how does the law balance rights and powers?

I've been reading through my coursework but still don't understand the question or how to answer it in a way to structure my response.

Thankyou <3
Title: Re: VCE Legal Studies Question Thread
Post by: mlidgerwood4617 on July 24, 2019, 09:03:22 am
Please Help me!!
Doesn’t anyone know how the power to give directions as a kind of case management can help to achieve fairness, it’s in my sac Tomorrow!!!
Thankyou!

Sorry this is after your SAC but hopefully you might still find it useful! The case management powers (a judge's authority to both give directions and order mediation) can help achieve fairness by providing opportunities for parties to reach an out-of-court settlement (saving time, cost and stress of a full trial) through power to order mediation. Also, the power to give directions can help promote fairness in the civil justice system by giving deadlines/timelines to parties which ensures that there are no delays, and therefore there is a fair trial.

I hope this can help and I hope your SAC went well :)
Title: Re: VCE Legal Studies Question Thread
Post by: annabeljoesp on August 13, 2019, 04:29:45 pm
having a hard time answering this question.

It has been over twenty-five years since the High Court of Australia made its significant decision in The Mabo Case [Mabo v Queensland (No. 2) (1992) 175 CLR 1]. The decision was to grant Aboriginal and Torres Strait Islander peoples land rights, by overturning the longstanding but false legal principle that Australia was an ‘empty land belonging to no one’ (terra nullius) before British colonisation. In making its ruling in this case, it is widely acknowledged that the justices of the High Court were activists in their approach to legally recognising the right of indigenous Australians to make claims over their traditional land.
Describe how the doctrine of precedent was followed in this case, and explain whether or not the High Court acted with judicial conservatism or activism.
Title: Re: VCE Legal Studies Question Thread
Post by: kimokeeffe on August 23, 2019, 05:36:47 pm
found a couple of sources that might help:
- https://aiatsis.gov.au/explore/articles/mabo-case
- https://aiatsis.gov.au/sites/default/files/docs/research-and-guides/native-title-research/overturning-doctrine-terra%20nullius-the-mabo-case.pdf
:)
Title: Re: VCE Legal Studies Question Thread
Post by: Abi21 on September 17, 2019, 07:11:00 pm
For the hotpoint regarding the responsibilities of key personnel in a criminal trial, the corresponding skill is discuss. Does this mean discuss the strengths and weaknesses or how the role is hindered and achieved?
Title: Re: VCE Legal Studies Question Thread
Post by: meganrobyn on October 06, 2019, 12:57:59 am
For the hotpoint regarding the responsibilities of key personnel in a criminal trial, the corresponding skill is discuss. Does this mean discuss the strengths and weaknesses or how the role is hindered and achieved?

'Discuss' is broad, so you should really feel free to consider both of those angles :) They may also push you in a particular direction, eg to discuss the extent to which a set of responsibilities help achieve fairness, or something like that.
Title: Re: VCE Legal Studies Question Thread
Post by: Ken0015 on November 03, 2019, 04:31:03 pm
Hi there, I have a couple of questions for anyone who could help. How beneficial Is it to know case examples and/or specific sections where its not explicitly written in the study design? Also, should we know the 5 specific kinds of damages e.g compensatory, punitive, nominal etc?

Thanks heaps!
Title: Re: VCE Legal Studies Question Thread
Post by: Poet on November 03, 2019, 06:05:18 pm
Hi there, I have a couple of questions for anyone who could help. How beneficial Is it to know case examples and/or specific sections where its not explicitly written in the study design? Also, should we know the 5 specific kinds of damages e.g compensatory, punitive, nominal etc?

Thanks heaps!
Hey!

Case examples are very useful when it comes to the extended response questions, and using ones outside of the study design (eg. Not Mabo or R v Brislan or any examples relevant to cases in the U3&4 study designs) can definitely display an advanced understanding of the concepts in the exam. However, be aware that these are not at all necessary, so if you're stressed about covering all the content, scratch the idea of non-compulsory study altogether.

You should be able to list the basic definitions of each of the damages; and if you feel like you can't do that, I would recommend remembering at least three you believe would be most likely to come up.
Title: Re: VCE Legal Studies Question Thread
Post by: Mackenzie Aps on November 15, 2019, 07:58:27 pm
Hi I am just doing an introduction research project for VCE 3/4 as I am in Year 10 and commencing VCE 3/4 legal in Year 11.  My first project I have this task to complete and would appreciate some feedback and advice.

TASK 2

Australia’s legal system is based on many important principles.

The most important of these is that the legal system demonstrates JUSTICE.

In the study of the Criminal and Civil Justice systems in the Legal Studies Unit 3/4 Course, the principle of Justice is studied in detail. In particular, students will be required to EXAMINE what is meant by the principle of JUSTICE in practice and EVALUATE the degree to which Australia’s Criminal and Civil systems effectively delivers Justice.

For centuries, the symbol of Justice within English legal systems has been the one above: a blindfolded lady holding a set of scales in one hand and a sword in the other.

Research the following questions:

What do each of the following elements of the symbol of justice represent: the blindfold, the scales and the sword?
What are three synonyms for Justice?
Answer the following questions:

Why is it important for individuals to believe that a legal system provides justice?
In the criminal law system of Australia, all people charged with an offence are entitled to the “presumption of innocence”. What does this mean and how does the operation of this principle reflect and demonstrate the ideals of justice?
Why may each of the following factors affect the ability of an individual to receive justice within the legal system: wealth, racial background, cultural background, geographical location, level of education?
 
Title: Re: VCE Legal Studies Question Thread
Post by: J_Rho on February 01, 2020, 06:35:38 pm
"A person charged with a Commonwealth indictable offence should be able to decide to have their trial heard by a judge alone in the absence of a jury" Discuss the extent to which you agree with this statement? (6 marks)

I disagree with this statement. The absence of a jury will not allow fairness as a jury's key role in upholding the principles of justice is to be an independent, decision-making body, whose decision - made unanimously - is based on the evidence presented in court, rather than prejudice or external information. The absence of a jury allows room for a potentially biased judge to make a decision that is not in the best interest of the victims and society. As such, this could foster a system where injustice and bias are common.
On the other hand, if someone wishes to be tried without a jury, a quick trial where the outcome is swift could benefit the victim and their family by not prolonging, and allying the stresses of the trial. Whether or not it is seen as beneficial to the victim, the accused or society, having an indictable offence heard in the absence of a jury will not uphold the principles of justice.

How is my response? What am I missing and how many marks do you reckon this response would get?
Title: Re: VCE Legal Studies Question Thread
Post by: Balfe on February 02, 2020, 03:59:09 am
"A person charged with a Commonwealth indictable offence should be able to decide to have their trial heard by a judge alone in the absence of a jury" Discuss the extent to which you agree with this statement? (6 marks)

I disagree with this statement. The absence of a jury will not allow fairness as a jury's key role in upholding the principles of justice is to be an independent, decision-making body, whose decision - made unanimously - is based on the evidence presented in court, rather than prejudice or external information. The absence of a jury allows room for a potentially biased judge to make a decision that is not in the best interest of the victims and society. As such, this could foster a system where injustice and bias are common.
On the other hand, if someone wishes to be tried without a jury, a quick trial where the outcome is swift could benefit the victim and their family by not prolonging, and allying the stresses of the trial. Whether or not it is seen as beneficial to the victim, the accused or society, having an indictable offence heard in the absence of a jury will not uphold the principles of justice.

How is my response? What am I missing and how many marks do you reckon this response would get?

I think the key points to note for this question are;
Jury Better:

Judge Better:

As such, I'd give your answer a 3/6 in its current state. The first point to correct is the very first sentence. The question asks 'to what extent' - so, you need to say an extent. E.g. 'I disagree to a large extent'. From there you've gone on to make two very reasonable points, which I mostly agree with, but for 6 marks, the assessor will be expecting around 3-4 points. The wording could also be adjusted to not ramble on as much:
"The absence of a jury will inhibit fairness as a key role of the jury is to be independent. The absence of a jury allows room for a potentially biased judge to make a decision (as opposed to spreading the burden across 12 individuals). This may lead to unfair outcomes."
Title: Re: VCE Legal Studies Question Thread
Post by: Mackenzie Aps on March 05, 2020, 06:15:34 pm
Hi I just got my first Legal SAC back and I am a little disappointed, I got a B. I felt I had answered everything - I haven't received any feedback or comments however on the SAC. I will probably take it in to Tutesmart with me for feedback or email someone for some time to go over. I attended tutesmart sessions for tutoring and thought I was doing well, so this was a big shock for me as I was hoping for at least an A.  Can anyone give me some feedback on how this would impact on my SS, I know I have a long way to go but I was aiming A/A+ average and 40+ ATAR, VCE.
Title: Re: VCE Legal Studies Question Thread
Post by: J_Rho on March 05, 2020, 07:58:24 pm
Hi I just got my first Legal SAC back and I am a little disappointed, I got a B. I felt I had answered everything - I haven't received any feedback or comments however on the SAC. I will probably take it in to Tutesmart with me for feedback or email someone for some time to go over. I attended tutesmart sessions for tutoring and thought I was doing well, so this was a big shock for me as I was hoping for at least an A.  Can anyone give me some feedback on how this would impact on my SS, I know I have a long way to go but I was aiming A/A+ average and 40+ ATAR, VCE.
Hey Mackenzie,
I feel this question would be more suited to this thread.
It's a great step to get feedback from people other than your teacher but I would definitely feel you could still get a 40+ despite being dissapointed with this mark at the end of they day it is your ranking that matters most :)
Title: Re: VCE Legal Studies Question Thread
Post by: meag207 on March 23, 2020, 01:56:34 pm
Hi everyone, just wondering if anyone has any Legal Studies Unit 3 Outcome 1 and 2 practice sacs.
My teacher has not provided us with any and would appreciate the extra help in practicing some questions

thanks
Title: Re: VCE Legal Studies Question Thread
Post by: J_Rho on April 28, 2020, 08:54:21 pm
Where does VCAT sit in the court hierarchy?
Title: Re: VCE Legal Studies Question Thread
Post by: IThinkIFailed on April 28, 2020, 09:42:52 pm
Where does VCAT sit in the court hierarchy?
Hey, VCAT is not part of the court hierarchy. This means that the doctrine of precedent does not apply to it.

I also have a theory that this is the reason why individuals have a limited right to appeal when approaching VCAT as a dispute resolution body.
Title: Re: VCE Legal Studies Question Thread
Post by: J_Rho on May 01, 2020, 10:52:42 am
How do plea negotiations and sentence indications uphold the principles of justice?
Title: Re: VCE Legal Studies Question Thread
Post by: wasabi on May 01, 2020, 05:56:12 pm
How do plea negotiations and sentence indications uphold the principles of justice?

Plea negotiations and sentence indications can help to uphold the principles of justice by:
- reducing delays in the justice system, if a guilty plea is achieved (improving access)
- if a guilty plea is achieved, it avoids trial which lets victims avoid the stress from a trial, making it easier for them (improving fairness and access for the victims)
- offenders may plead guilty even if a conviction at trial is unlikely, especially in high profile crimes (improving fairness for society)
-  can also achieve equality as everyone has the same process

They can also hinder the poj, as:
- an offender may plead guilty when they are not if they receive a non-custodial sentence indication, out of fear of going to trial and receiving a custodial sentence (hinders fairness)
- victims may feel as though their views weren't taken as much into account as they would be in a normal trial (hinders fairness and access)

Lmk if any of that was unclear/if you need more info lol
Title: Re: VCE Legal Studies Question Thread
Post by: hmv19 on May 03, 2020, 04:04:00 pm
Can anyone explain totality to me?? The Edrolo chick only explained proportionality
(https://imgur.com/CO9jade.png)
The sentencing principle of totality entails the concept in which an aggregate sentence must correlate with and be appropriate for the overall offending behaviour. For example, a person charged with aggravated armed robbery and burglary in the Magistrates' Court may be given a four-year custodial sentence. The MC can only sentence an individual to a maximum of five years' imprisonment for multiple offences and a maximum of two years' imprisonment for each individual charge.

Hope this helps :)
Title: Re: VCE Legal Studies Question Thread
Post by: Bailey_Rapp on May 31, 2020, 04:28:22 pm
Hi, I'm a year 11 currently doing Unit 3&4 legal and I need help currently I've got my S but I'm not doing so well does anyone have any advice? I really struggle at answering questions over four marks. Any good resources anyone can recommend?? I'd really appreciate it. Good luck to everyone else doing VCE especially the year 12's
Title: Re: VCE Legal Studies Question Thread
Post by: J_Rho on May 31, 2020, 07:09:34 pm
Hi, I'm a year 11 currently doing Unit 3&4 legal and I need help currently I've got my S but I'm not doing so well does anyone have any advice? I really struggle at answering questions over four marks. Any good resources anyone can recommend?? I'd really appreciate it. Good luck to everyone else doing VCE especially the year 12's
If your issue is with the content I would recommend Anki or Memrise, both of which use spaced repetition. This will help in memorising content however if you know the content but struggle w/ how to answer questions then this might be useful.
Here's some advice I was given by a past student relating to different task words, now this isn't foolproof but its a general guide to help you make sure you are hitting the key points (ie. answer, explanation, link to stimulus material, pros/cons etc) for the different types of task words:

Outline, describe, explain, identify
Will be 2-3 mark questions
Looking for:
One sentence answer to the question
Explanation
Minimum 2 sentences

1 point: definition/answer the question
½ point: explanation
½ points: use of stimulus material (if applicable)

Discuss
Can be 4-6 mark questions
Looking for:
Definition/answer the question (possibly asking about 2 key concepts)
Explanation
Advantages and disadvantages (Must explore the pros and cons of the question)

1 point: definition/answer the question
2 points: advantages x2
2 points: disadvantages x2
1 point: using the stimulus material

Distinguish
Will be a 4-6 mark question
Similar to discuss
About comparing 2 different concepts
Looking for:
Key concept number 1
Key concept number 2
Comparative language (in contrast, conversely, on the other hand, similarly)
Use of stimulus material

1 point: concept 1
1 point: concept 2
(distinguish between 2 different characteristics)
1 point: link the two with comparative language
1 point: use of stimulus material
(of it is a 6 mark question it mean you have to distinguish between 3 different characteristics)

Discuss
Can also be a 10 mark question
Requires more detail, a longer answer and more points
At least 3 points for, 3 points against and detailed explanation

Evaluate
Similar to discuss
Very similar to an essay like structure
Looking for:
Introduction: give an answer the the question, like a contention in English
3-4 points for advantageous
3-4 points for disadvantages (if you only do 2 for each you looking for a max 8/10
MUST END IN ULTIMATELY!!!
The difference between ‘discuss’ and ‘evaluate’ is that ‘evaluate’ requires a conclusion. Use ultimately as the beginning of your conclusion
You must come to a verdict (like a judge!)
 
1 point: answer the question
3 point: 3-4 advantages
3 points: 3-4 disadvantages
1 point: a conclusion
1 point: use of stimulus material
1 point: for a question this long, it will be a combination of structure, flow of your writing or the detail of your explanations

to what extent’(these questions usually have a second task word)
When answering a ‘to what extent question’ it is as simple as answering:   
To a significant/minimal/medium extent…
Of course, you need to follow up with answering question as well

Hopefully, this made sense?
Title: Re: VCE Legal Studies Question Thread
Post by: datdoe9 on November 07, 2020, 12:02:49 pm
How are you all faring with time management in your exams? I feel that time management is going to be most important this year in the exam, even over content fluency ( mainly because everyone would be relatively comfortable with their knowledge of the textbook - it will more so be who can finish in time)
Title: Re: VCE Legal Studies Question Thread
Post by: bucky1624 on November 11, 2020, 12:25:09 am
i struggle with time management the most in legal, i'm so worried i won't finish the exam in time :'(
Title: Re: VCE Legal Studies Question Thread
Post by: datdoe9 on November 13, 2020, 09:28:42 pm
I know right! I don't know how I'll manage reading through all the sources and writing in time simultaneously :(
Title: Re: VCE Legal Studies Question Thread
Post by: shukrn on December 30, 2020, 03:55:54 pm
Hey ya'll how did you go on the exam ;D
Title: Re: VCE Legal Studies Question Thread
Post by: amanaazim on January 21, 2021, 10:52:36 am
hey guys i have some questions on plea negotiations.


1. is plea negotiations for indictable offences or both summary and indictable offences?
2. after a plea negotiation is made who decides to sentence the accused with the new charge that the accused has pleaded too?
Title: Re: VCE Legal Studies Question Thread
Post by: AlannahBottino on March 09, 2021, 09:47:06 am
Hey guys,
I'm confused about what we need to know for the recent and recommended reforms to the criminal justice system? Do we need to know one each for addressing cost, time and cultural factors? Or just in general how they uphold the principles of justice? My textbook is talking about Victim Support Dogs and changes to commital proceedings for sexual offence matters, which don't really apply to any of the cost, time or cultural factors?

Thanks :)
Title: Re: VCE Legal Studies Question Thread
Post by: shukrn on April 28, 2021, 03:17:14 pm
no one cares
Title: Re: VCE Legal Studies Question Thread
Post by: tomatosauce on May 12, 2021, 10:25:34 pm
Could someone please mark this response for me? Thanks!

Explain the purposes of pleadings and the discovery stage of the civil pre-trial procedure (5 marks)

One purpose of pleadings to share information regarding the case-specific with each of the parties. The plaintiff lodges a statement of claim, which outlines why they are suing, who they are suing and the remedy sought. The defence is then given this claim, and given an opportunity to respond with a statement of defence. In this statement, they will ‘admit’ to some claims and ‘contest’ others. The detailed sharing of the dispute between the parties and court allows a timeline to be set for the case, whilst keeping everyone informed.

Furthermore, pleadings serve to narrow the issues of dispute. This is because the defence has the opportunity to ‘admit’ or accept liability for part of the plaintiff's claims. The dispute which must be settled at a hearing or trial is then defined. This allows for a faster resolution.

The discovery stage of the pre-trial procedure serves the purpose of preparing parties for trial. During the exchange of evidence and documents, parties share the evidence they will use at a hearing/trial. Therefore, parties can prepare their arguments and assess the strength of the other side's case. Interrogatories also allow the parties to submit written questions which answers are admissible in court. Therefore, parties can add evidence required to allow them to prove their case or defend the claim.

Both pleadings and discovery can also serve a purpose to encourage an out-of-court resolution. Parties may be willing to negotiate a claim before the court, and potentially reach a settlement offer (at pleadings). During or after discovery, one party may seek to settle the case before a court hearing/trial as they can see the strength of the other side's case. This creates a faster resolution for everyone.
Title: Re: VCE Legal Studies Question Thread
Post by: Mackenzie Aps on June 18, 2021, 07:23:29 pm
Hey Mackenzie,
I feel this question would be more suited to this thread.
It's a great step to get feedback from people other than your teacher but I would definitely feel you could still get a 40+ despite being dissapointed with this mark at the end of they day it is your ranking that matters most :)

Unfortunately didn't get anywhere near a 40, much disappointment. VCAA scored me as GA1 B, GA1 B+ and Exam B+ just missed out on a A:(  My raw SS was 33.  I noticed my SAC's went up slightly from B to B+ as well. No idea what my ranking was however, teacher never disclosed.  Other than through the teacher/school how would I find out from VCAA as there was nothing on the VCAA report?
Title: Re: VCE Legal Studies Question Thread
Post by: CorkedBoard on August 13, 2021, 04:43:41 pm
My book says that if a a judge is not bound to follow a precedent, they may

adopt the precedent (follow or apply the precedent)
affirm the precedent (agree with the precedent)
avoid following the existing precedent

What is the difference between adopting and affirming?
Title: Re: VCE Legal Studies Question Thread
Post by: successismygoal on August 24, 2021, 03:50:57 pm
Hey guys,

I really need help on how to write extended responses. We havent explicitly covered the structure for discuss questions. I am afraid discuss questions will make me lose marks. If the prompt is ''Discuss the ability of diversion programs to achieve fairness.'', how would I structure that? How do I argue against a principle of justice when arguing both sides?

 Also I somewhat have a structure for ''To what extent'' questions, could someone please let me know if I need any improvements?

1. Mention your stance, i.e. ''Imprisonment achieves the purpose of punishment to the highest extent''.
2. Paragraph supporting how imprisoning an offender punishes them
3. Another paragraph saying how imprisonment punishes them? Not too sure, because if I argue to the highest extent, then I have to include another paragraph right?
4. Concluding sentences summing up what has been said throughout the response.

Thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: tomatosauce on August 24, 2021, 09:00:07 pm
Hey guys,

I really need help on how to write extended responses. We havent explicitly covered the structure for discuss questions. I am afraid discuss questions will make me lose marks. If the prompt is ''Discuss the ability of diversion programs to achieve fairness.'', how would I structure that? How do I argue against a principle of justice when arguing both sides?

 Also I somewhat have a structure for ''To what extent'' questions, could someone please let me know if I need any improvements?

1. Mention your stance, i.e. ''Imprisonment achieves the purpose of punishment to the highest extent''.
2. Paragraph supporting how imprisoning an offender punishes them
3. Another paragraph saying how imprisonment punishes them? Not too sure, because if I argue to the highest extent, then I have to include another paragraph right?
4. Concluding sentences summing up what has been said throughout the response.

Thank you!


Hi!

For a discuss question, it is simply switching between strengths / weaknesses / opposing arguments of the same issue. For your particular question, 'Discuss the ability of diversion programs to achieve fairness' (and say it is 5 marks) I would do three paragraphs. First, how an aspect of diversion programs achieves fairness, and then shift to how diversion programs do not achieve fairness, and finally a third point how diversion programs do achieve fairness. For discuss questions, it is not necessary to provide an overall opinion, just try to flip your idea / point each side and stick to mark allocations (eg. 1+1 for 4 marks, 2+2 for 6/7 marks) .

For 'to what extent questions', generally I would not choose to argue fully one sided, as the markers still want to see the 'extent' to which your argument goes to. That is, to a moderate, fair extent etc. This way you are able to argue both sides of the issues, that is how imprisonment achieves just punishment and then how it does not. Overall, only one statement of opinion needed, either put this at the start or end, stating your overall opinion (only 1-2 sentences max).

Hope this makes sense :)
Title: Re: VCE Legal Studies Question Thread
Post by: successismygoal on September 17, 2021, 04:08:32 pm
Thank you!
Title: Re: VCE Legal Studies Question Thread
Post by: yr12_vcestudent on May 24, 2022, 10:59:32 pm
Hi Guys!
can someone please tell me what are some weakness of discovery of document
Thanks:)
Title: Re: VCE Legal Studies Question Thread
Post by: catnap on May 25, 2022, 01:01:33 am
Hi Guys!
can someone please tell me what are some weakness of discovery of document
Thanks:)

Hi there,
One weakness of discovery of documents (and can possibly be extended to the entirety of 'pre-trial procedures') is that the process of listing/inspecting documents, especially large quantities of documents, will take a lot of time to go through. This would cause delays in the civil legal system (reducing accessibility) as well as increasing the costs incurred for both parties (considering a lengthier trial would be more expensive). Civil cases already take a hefty amount of time to be resolved as it is, so you can see how that wouldn't really benefit our civil justice system.
Title: Re: VCE Legal Studies Question Thread
Post by: successismygoal on June 27, 2022, 04:49:30 pm
Hello!

I have a question about how the Aus. Constitution acts as a check on parliament, through the bicameral structure.

So I've been reading about how if there is a majority in either the upper house or lower house, then there wont be as many 'debates' to scrutinise the bill and see if it is best suitable, and also read that if there is a majority in the Senate, then senators are more likely to vote in the interests of their political party rather than in the interests of their state. But with this, wouldn't they be voting in the interests of their state anyway, as the reason they have majority is because people in their state voted for them?

I am really confused with the majority votes affecting passing a bill. Can someone please explain this in detail? Textbook is a bit vague.

Thanks!
Title: Re: VCE Legal Studies Question Thread
Post by: yr12_vcestudent on July 20, 2022, 10:35:27 pm
Hi Guys, can someone pls help me with these question:
Discuss the extent to which the Australian Constitution acts as a check on parliaments law-making powers, with specific reference to express rights and the bicameral structure of parliament
Thankssss :)
Title: Re: VCE Legal Studies Question Thread
Post by: SnekiSnek on July 21, 2022, 11:43:55 am
Hi Guys, can someone pls help me with these question:
Discuss the extent to which the Australian Constitution acts as a check on parliaments law-making powers, with specific reference to express rights and the bicameral structure of parliament
Thankssss :)

This specific question is asking how much certain sections in the Constitution are able to prevent parliament from abusing their power. So, for example, without the express rights set out in the Constitution, parliament could theoretically ban religious freedom as there isn't anything to act as a check on this. However to the extent, using the same example of express rights, there is only 5 express rights in the constitution and they don't cover other human rights issues

Also with the bicameral structure, how does having two houses prevent abuse of power? And if a government has majority in both houses is this a limitation on the bicameral structure acting as a check on parliament?