Login

Welcome, Guest. Please login or register.

March 28, 2024, 10:44:19 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596246 times)  Share 

0 Members and 3 Guests are viewing this topic.

M_BONG

  • Guest
Re: VCE Legal Studies Question Thread
« Reply #1050 on: October 03, 2013, 09:15:52 pm »
+1
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?

drmockingbird

  • Victorian
  • Trendsetter
  • **
  • Posts: 134
  • Respect: +10
  • School Grad Year: 2015
Re: VCE Legal Studies Question Thread
« Reply #1051 on: October 03, 2013, 09:17:30 pm »
0
How do you explain the role of the VLRC in relation to recent changes designed to enhance the effective operation of the legal system?
VCE SUBJECTS

2013 : Legal Studies [50]
2014 : Maths Methods [42], Literature[43]
2015 : Specialist Maths [37] , English [46], French [47]
ATAR: 99.80

2016: Philosophy, Politics and Economics @ Oxford University

If you need tips on applying to the UK (esp Oxford) message me, I'm more than happy to help out :)

hannah2013

  • Victorian
  • Forum Regular
  • **
  • Posts: 53
  • Respect: 0
Re: VCE Legal Studies Question Thread
« Reply #1052 on: October 03, 2013, 10:35:19 pm »
0
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.
2012: Theatre studies 41
2013: English 38| Methods 31 | Biology 37 | Legal studies 43 | Psychology 44 |

San

  • Victorian
  • Adventurer
  • *
  • Posts: 12
  • Respect: 0
  • School: Keysborough College Banksia Campus
Re: VCE Legal Studies Question Thread
« Reply #1053 on: October 04, 2013, 11:32:29 am »
0
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


vashappenin

  • Victorian
  • Forum Leader
  • ****
  • Posts: 905
  • Respect: +31
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #1054 on: October 04, 2013, 04:32:51 pm »
0
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?
2013: English, Maths Methods, Further Maths, Legal Studies, HHD, Psychology
2014-present: Bachelor of Laws @ Monash University

Tutoring VCE English, Psych, Legal Studies and HHD in 2016! Tutoring via Skype too. PM me if you're interested :)

hannah2013

  • Victorian
  • Forum Regular
  • **
  • Posts: 53
  • Respect: 0
Re: VCE Legal Studies Question Thread
« Reply #1055 on: October 04, 2013, 04:50:47 pm »
0

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
 :)
2012: Theatre studies 41
2013: English 38| Methods 31 | Biology 37 | Legal studies 43 | Psychology 44 |

San

  • Victorian
  • Adventurer
  • *
  • Posts: 12
  • Respect: 0
  • School: Keysborough College Banksia Campus
Re: VCE Legal Studies Question Thread
« Reply #1056 on: October 05, 2013, 10:46:12 am »
0
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

San

  • Victorian
  • Adventurer
  • *
  • Posts: 12
  • Respect: 0
  • School: Keysborough College Banksia Campus
Re: VCE Legal Studies Question Thread
« Reply #1057 on: October 05, 2013, 12:58:18 pm »
0
How does the purpose of criminal sanctions differ from the purpose of civil remedies?

mattbrown19

  • Guest
Re: VCE Legal Studies Question Thread
« Reply #1058 on: October 05, 2013, 01:08:16 pm »
0
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.

San

  • Victorian
  • Adventurer
  • *
  • Posts: 12
  • Respect: 0
  • School: Keysborough College Banksia Campus
Re: VCE Legal Studies Question Thread
« Reply #1059 on: October 05, 2013, 01:15:57 pm »
0
can you please answering more clearly; i get what you mean by listing all that

kevinnguyen

  • Victorian
  • Adventurer
  • *
  • Posts: 19
  • Respect: 0
  • School: Kealba Secondary College
Re: VCE Legal Studies Question Thread
« Reply #1060 on: October 05, 2013, 02:39:32 pm »
0
what is role of jury in civil trial? how does thos differ from their role in crimnal trial?

vashappenin

  • Victorian
  • Forum Leader
  • ****
  • Posts: 905
  • Respect: +31
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #1061 on: October 05, 2013, 03:47:01 pm »
0
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?
2013: English, Maths Methods, Further Maths, Legal Studies, HHD, Psychology
2014-present: Bachelor of Laws @ Monash University

Tutoring VCE English, Psych, Legal Studies and HHD in 2016! Tutoring via Skype too. PM me if you're interested :)

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #1062 on: October 05, 2013, 03:58:26 pm »
+1
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.

vashappenin

  • Victorian
  • Forum Leader
  • ****
  • Posts: 905
  • Respect: +31
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #1063 on: October 05, 2013, 04:02:18 pm »
0
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
« Last Edit: October 05, 2013, 04:12:19 pm by vashappenin »
2013: English, Maths Methods, Further Maths, Legal Studies, HHD, Psychology
2014-present: Bachelor of Laws @ Monash University

Tutoring VCE English, Psych, Legal Studies and HHD in 2016! Tutoring via Skype too. PM me if you're interested :)

mattbrown19

  • Guest
Re: VCE Legal Studies Question Thread
« Reply #1064 on: October 05, 2013, 04:13:48 pm »
+2
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.