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Author Topic: VCE Legal Studies Question Thread  (Read 596371 times)  Share 

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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #960 on: July 22, 2013, 11:48:29 am »
+1
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.
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #961 on: July 22, 2013, 06:06:54 pm »
0
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!
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #962 on: July 22, 2013, 09:49:11 pm »
+1
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.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #963 on: July 25, 2013, 10:19:48 pm »
+1
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.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #964 on: July 25, 2013, 10:31:34 pm »
+2
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.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
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Colokid

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Re: VCE Legal Studies Question Thread
« Reply #965 on: July 28, 2013, 07:25:19 pm »
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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
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #966 on: July 29, 2013, 12:51:47 pm »
+1
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.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #967 on: August 09, 2013, 09:46:01 am »
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Hi
I need help understanding the committal hearings. Please explain.
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #968 on: August 09, 2013, 02:42:00 pm »
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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.

jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #969 on: August 09, 2013, 02:50:58 pm »
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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.
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #970 on: August 09, 2013, 04:29:13 pm »
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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).

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #971 on: August 09, 2013, 07:36:18 pm »
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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.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #972 on: August 10, 2013, 03:03:12 pm »
+2
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'.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
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tcstudent

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Re: VCE Legal Studies Question Thread
« Reply #973 on: August 12, 2013, 06:33:38 pm »
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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

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #974 on: August 13, 2013, 05:07:21 pm »
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Are we required to know strengths and weaknesses of the inquisitorial system of trial or not??
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