VCE Legal Studies Question Thread

[clarke54321]

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! 

[dancingolive]

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!

[Glasses]

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!

[kbanks]

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]

[kupus]

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!

[ddddd]

Hi everyone,
What would be a good way to describe the role of VCAT and covering every role in a concise manner?
thanks

[clarke54321]

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

[clarke54321]

Hi everyone,
What would be a good way to describe the role of VCAT and covering every role in a concise manner?
thanks

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!

[Amelia.d99]

Hi guys! Anyone know how to structure the following question?

'Evaluate the way courts and VCAT operate to resolve disputes (10 marks)'

Thank you!!

[SamChung99]

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?

[pmmenotes]

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

[clarke54321]

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 

[chantelle.salisbury]

 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    

[skyersie]

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!). 

[clarke54321]

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 
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!