HSC Legal Studies Question Thread

[loz0829]

Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?

[jamonwindeyer]

Thank you so much! Also, not sure if you'll be able to answer this based on the options you may have completed for legal studies, but for those who can, what is the main message we should try to make or send across when writing a family law essay? I understand that each question asks for something different, but we never really got to finish family law before graduation, and I'm kind of nervous about it. With my other option, I always know what I should be revolving my arguments around, but for family, I don't.

Thank you!

Hey! Sorry for the late reply! Family law essays tend to focus on just and equivocal outcomes, on equal access to the law. Surrogacy and same-sex are both around enhancing the law to grant familial rights to more people. Care and protection is about ensuring those outcomes are just to children, and so on. It's a hard thing to generalise, but if I had to, that's how I would do it

The other thing is in relation to Family Law - I'm just wondering with regard to Domestic Violence how one would structure an essay in response to a q like 'how does familly law respond to conflict in families'. My teacher seems to think we should all avoid and do the other q option if we get something specifically with regard to DV but I'm interested in it, but apparently most of the time students end up writing Crime essays and mentioning ADVOs and BOCSAR statistics to discuss effectiveness. I'm just a little bit confused of what you'd write, as she thinks you need to ensure everything is linked to family Law which is understandable cause' it is Family Law - but how would you talk about DV in relation to Family Law without going off into a crime essay. My textbook seems contradictory and talks about ADVOs and so on and the failures of it so I'm just a little unsure of what to do in the case that NESA throws in a cheeky DV q on us.

Thanks all!

Welcome to the forums splimestudios! I can't answer your Workplace question, but I can answer this one

I did DV in my Trial (or HSC? One of them for sure...) and definitely included discussion of ADVO's, and probably BOCSAR statistics too, and did just fine. The trick is to discuss them in a way that relates to Family Law, which as I talk about above, is typically about just outcomes and equal access to the law. It's not about balancing rights of offender and society, or any of those more "crime" centric ideas - That is the trap to avoid. But I like DV as an essay topic because of that overlap, it makes things easier.

Not to go against your teacher or anything, just saying I did it and was fine (I state ranked, so they can't have disliked it too much, aha)

[jamonwindeyer]

Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?

Hey! You won't find any transnational cases in the ICC, because the ICC only hears crimes against the international community! War crimes, essentially - Transnational stuff like drug trafficking won't ever end up there

[charlottemchenry]

Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?

Hey, I could be wrong but I'm fairly sure transnational crimes aren't heard in the ICC, rather they are dealt with under the domestic law of that country.

An example would be R v Dobie 2009 - human trafficking under  So it includes things like human trafficking unders271 of the Commonwealth Criminal Code. He went through the Australian Court process (in QLD) and was sentenced to 5 years jail.

Hope that helps

[splimestudios]

I did DV in my Trial (or HSC? One of them for sure...) and definitely included discussion of ADVO's, and probably BOCSAR statistics too, and did just fine. The trick is to discuss them in a way that relates to Family Law, which as I talk about above, is typically about just outcomes and equal access to the law. It's not about balancing rights of offender and society, or any of those more "crime" centric ideas - That is the trap to avoid. But I like DV as an essay topic because of that overlap, it makes things easier.

Not to go against your teacher or anything, just saying I did it and was fine (I state ranked, so they can't have disliked it too much, aha)

Thanks so much for getting back to me on that - it definitely reassures me about doing DV! One would be silly not to trust a state ranker haha. Do you know anyone here that did workplace that I could get an answer for my workplace question though? It's a little bit concerning Legal is only a week away now. ;-;

[infectmarshroom]

Hey,

In terms of search and seizures, in the scenario where police:
-  have suspicion on reasonable grounds that someone has a stolen item on them
- do not have a warrant
- and the person refuses the search

... can they still perform the search on the bag, body etc or is the warrant required. If the warrant is required can't you basically just refuse every search.

Thanks in advance

[fantasticbeasts3]

Hey,

In terms of search and seizures, in the scenario where police:
-  have suspicion on reasonable grounds that someone has a stolen item on them
- do not have a warrant
- and the person refuses the search

... can they still perform the search on the bag, body etc or is the warrant required. If the warrant is required can't you basically just refuse every search.

Thanks in advance

Hi!

For the scenario you've given, I think it's a yes to the search. Don't quote me on this, but you could be committing an offence for not following police instructions, i.e. not complying with the search. I associate warrants with something like if police want to search something further, like your home.

I'd love to hear from others on this. :-)

Good luck for next week!

[Lilabear123]

Hey Guys!

What are your thought on these topics for HSC family law essay?
- Domestic violence
- Changing nature parental responsibility
- Adoption (My teacher said this has never been asked?? He said this q would probs relate to law reform)
- Care and protection of children

I've made rough essay drafts on the above, and now i just want to focuse on crime and WO. But i haven't really looked at anything under the 2nd dot point at all apart from DV. Reckon it might be okay to skip it?

Also, any tips on preparing for WO? i was actually away for a bit while we were learning it in class, and i'm actually finding WO a lot more confusing than family. I think its because i'm just less interested in international stuff/less familiar with it in general

[Caleb Campion]

Hey! We're just two days out from the exam! Crazy!

But my question was, do I really need much or even any domestic legislation for the World Order essay? Because it is obviously almost entirely international documents etc.

Should I maybe just find some examples I can add in that say ''which Australia has enacted via ................ Act'' ?

Also, I have a question that is the opposite for Workplace! Should I just think of maybe throwing in an international document that labour rights such as leave are acknowledged in or derived from?

[jamonwindeyer]

Hey! On both questions, yes, they would be good inclusions! I didn’t do Workplace but international documents are a nice addition, and for World Order, domestic legislation is important since domestic legislation ultimately needs to exist to enforce international doctrine. For example, we amended our Criminal Code for the ICC

[moq418]

what are the possibe crime, shelter and consumer essay questions for 2018 hsc legal studies? ANY IDEA PLEASE LIST THEM SO I CAN PREPARE IF NOT HOW DO I PREPARE FOR THIS ON MONDAY?
THANKS

[AdmiralVictor]

For the option essays that say 'refer to at least one contemporary issue..' is it fine to refer to content from the first two syllabus headings or are we restricted to contemporary issues? (E.g. could I talk about divorce and DV for family law Qs rather than limiting to just contemporary?)

And for law reform Qs, would bills that are in the process of being read in parliament and soon to be enacted count? Do I just refer to them as proposed law reforms and evaluate them from there? (E.g. royal commission findings made recommendations and parliament is implementing them in a bill and will soon be passed but not yet as of the hsc - will that still count as law reform?)

Thanks!

[StudyBuddyKJ]

Could someone let me know if my answer is suitable for this question?

4.   Assess the role of law reform in protecting human rights (MEMORISED)
Law reform has been effective in protecting human rights through advocating greater recognition, yet it has been effective only to a limited extent thus far. Pressure to reform the existing law comes from multiple sources such as courts of nation-states, particularly from the International Law Commission and within the International Criminal Court (ICC). The ICC, governed by the Rome Statute (1998) plays a huge role in protecting human rights by hearing cases against individuals who have breached international law. This brings reform. The work of the ICC has led to the recognition of rape as a war crime within the ad hoc war crime tribunals of Rwanda and the former Yugoslavia.  However, there are still areas of human rights law that require reform. These include  Australia’s response to asylum seekers (as their policies are being heavily criticized), reworking the formal definition of a refugee as well as their global treatment. 

[fantasticbeasts3]

what are the possible crime, shelter and consumer essay questions for 2018 hsc legal studies? ANY IDEA PLEASE LIST THEM SO I CAN PREPARE IF NOT HOW DO I PREPARE FOR THIS ON MONDAY?
THANKS

Hi!

I wouldn't try and predict questions just in case they throw a few curveballs *cough* crime 2017. Just remember as many LCMs as you can and you'll be set for tomorrow.

Best of luck!!

For the option essays that say 'refer to at least one contemporary issue..' is it fine to refer to content from the first two syllabus headings or are we restricted to contemporary issues? (E.g. could I talk about divorce and DV for family law Qs rather than limiting to just contemporary?)

And for law reform Qs, would bills that are in the process of being read in parliament and soon to be enacted count? Do I just refer to them as proposed law reforms and evaluate them from there? (E.g. royal commission findings made recommendations and parliament is implementing them in a bill and will soon be passed but not yet as of the hsc - will that still count as law reform?)

Thanks!

Hello!

1. Contemporary issues: Yep, that's fine -- as long as you keep referring to that contemporary issue throughout your essay.
2. Law reform: All good too. :-)

Best of luck for tomorrow!

Could someone let me know if my answer is suitable for this question?

4.   Assess the role of law reform in protecting human rights (MEMORISED)
Law reform has been effective in protecting human rights through advocating greater recognition, yet it has been effective only to a limited extent thus far. Pressure to reform the existing law comes from multiple sources such as courts of nation-states, particularly from the International Law Commission and within the International Criminal Court (ICC). The ICC, governed by the Rome Statute (1998) plays a huge role in protecting human rights by hearing cases against individuals who have breached international law. This brings reform. The work of the ICC has led to the recognition of rape as a war crime within the ad hoc war crime tribunals of Rwanda and the former Yugoslavia.  However, there are still areas of human rights law that require reform. These include  Australia’s response to asylum seekers (as their policies are being heavily criticized), reworking the formal definition of a refugee as well as their global treatment. 

Hi!

I think it's great. Remember, you don't need to tell the marker that the ICC is governed by the Rome Statute -- they already know that. Just focus on actually making a judgement (which you have) and you'll be just fine tomorrow.

Best of luck!!

[ayeleetaayeleetahh]

Hiii does anyone know any cases for crime that cover multiple dot points?