VCE Legal Studies Question Thread

[whitecatdisguised]

In the study design, it says we should know the role of the VCAT. Does this mean we should also go through the Anti-Discrimination list and the Residential Tenancies List also?

[flash36]

Yes. But they're very simple in terms of their role/purpose.

[whitecatdisguised]

Yes. But they're very simple in terms of their role/purpose.

Thanks!
Also, another question, with the role of the VCAT, do we need to know ALL of their roles in detail?
Also with the strengths and weaknesses of ADR, should we know all of them? Or 3 of each, 2 of each, etc?

[flash36]

There's only a few roles, and most are basically the strengths of the tribunal. I'd know 5 of each.

[SupaMario]

'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

[eeps]

'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

Strictly by the definition of the County Court, no. The County Court deals with the less serious indictable offences such as armed robbery and culpable driving. Whereas, the Supreme Court deals with the most serious indictable offences; i.e. murder and murder-related cases (such as manslaughter) in which a jury is mandatory.

[playsimme]

When discussing the role of VCAT; do we need to explain the role of one lists jurisdiction or is that going too far?

[eeps]

When discussing the role of VCAT; do we need to explain the role of one lists jurisdiction or is that going too far?

Depends on how many marks the question is. If it's a 2-mark question, then no; just explaining the role of VCAT is perfectly acceptable for 2 marks. However, if it's more than that - then I would. It shows a greater depth of knowledge to your teacher marking your work, if you can provide examples of what you're talking about.

[SupaMario]

'Frank has been convicted of manslaughter and his sentence is seven years imprisonment. Which court or tribunal would have handed down this sentence?'

This question was on a worksheet that our teacher gave us. I thought it would be County Court (wouldn't be as common), but still... My teacher says its Supreme though =\ Would County still be acceptable?

Strictly by the definition of the County Court, no. The County Court deals with the less serious indictable offences such as armed robbery and culpable driving. Whereas, the Supreme Court deals with the most serious indictable offences; i.e. murder and murder-related cases (such as manslaughter) in which a jury is mandatory.

What about this manslaughter case being heard in the County Court? Is it because there are certain circumstances whereby a manslaughter case is able to be tried in the County Court?
http://www.thecourier.com.au/news/local/news/general/rhys-marshalls-death-manslaughter-trial-continues/2007301.aspx

[playsimme]

urgent; when describing for example the jurisdiction of courts, besides naming what types of appeals they can hear must we also describe what the court can do with that appeal?
e.g. the appellate jurisdiction of the county court involves being able to hear appeals regarding the conviction or length of sentence from the magistrates'; workcover matters and length of sentence from the childrens court by a single judge
is that enough?
also; what about the judges/jury which can hear in that jurisdiction? is that needed too?

[eeps]

urgent; when describing for example the jurisdiction of courts, besides naming what types of appeals they can hear must we also describe what the court can do with that appeal?
e.g. the appellate jurisdiction of the county court involves being able to hear appeals regarding the conviction or length of sentence from the magistrates'; workcover matters and length of sentence from the childrens court by a single judge
is that enough?
also; what about the judges/jury which can hear in that jurisdiction? is that needed too?

Short answer, no (to both questions). Apologises if I've replied a bit late. Naming what types of appeals are heard in each court is sufficient. You don't need to mention if a magistrate/judge/jury is present either.

[eeps]

I couldn't be bothered making another thread about this. Is it worth going to any Legal Studies lectures at the end of the year (if at all) - prior to the exam? Thoughts? I'm hesitant to actually go to any seeing as they tend to focus on the course content, rather than exam technique; which is what I'd ideally prefer.

[flash36]

I didn't get alot out of mine. Good Legal kids know how to best answer questions anyway, you don't need to be told. Any questions you have come exam time, just ask me and the other 2010 legal kids!

[Tobias Funke]

One thing I really need to clear up,

what is judicial determination and how does it differ from the court resolution process?

Also, in arbitration, are there rules on evidence and procedure? or is it still as informal and flexible in it's nature as mediation?

[onur369]

Judicial determination involves the parties to the case presenting arguments and evidence to a judicial officer whom is generally a judge, who makes a legally binding decision about the outcome of the case.