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March 29, 2024, 09:01:18 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596469 times)  Share 

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michak

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Re: VCE Legal Studies Question Thread
« Reply #840 on: April 23, 2013, 07:13:57 pm »
+1
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 :)
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unfamila

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Re: VCE Legal Studies Question Thread
« Reply #841 on: April 27, 2013, 08:53:05 pm »
0
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.

jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #842 on: April 27, 2013, 08:57:21 pm »
+1
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.
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brenden

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Re: VCE Legal Studies Question Thread
« Reply #843 on: April 27, 2013, 09:22:47 pm »
+1
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.
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michak

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Re: VCE Legal Studies Question Thread
« Reply #844 on: April 27, 2013, 10:59:29 pm »
0
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.
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unfamila

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Re: VCE Legal Studies Question Thread
« Reply #845 on: April 28, 2013, 07:13:52 pm »
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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

brenden

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Re: VCE Legal Studies Question Thread
« Reply #846 on: April 28, 2013, 07:16:46 pm »
+2
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.
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No need to play when you do the same thing every time ;)
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michak

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Re: VCE Legal Studies Question Thread
« Reply #847 on: April 28, 2013, 07:19:53 pm »
+2
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
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #848 on: May 06, 2013, 11:40:41 am »
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I am puzzled by this question: How can judges make law?
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hjm2

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Re: VCE Legal Studies Question Thread
« Reply #849 on: May 06, 2013, 12:12:26 pm »
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I am puzzled by this question: How can judges make law?
Precedent and statutory interpretation. Exchange the word "judges" for "courts" if that helps :)
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brenden

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Re: VCE Legal Studies Question Thread
« Reply #850 on: May 06, 2013, 12:17:20 pm »
+1
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?
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unfamila

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Re: VCE Legal Studies Question Thread
« Reply #851 on: May 06, 2013, 04:56:15 pm »
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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

jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #852 on: May 06, 2013, 06:33:37 pm »
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Oh, okay so pretty much interpretation of the law and creation of precedent?
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #853 on: May 06, 2013, 10:31:31 pm »
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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.

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Good luck!

brenden

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Re: VCE Legal Studies Question Thread
« Reply #854 on: May 07, 2013, 04:36:12 am »
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