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Author Topic: VCE Legal Studies Question Thread  (Read 596517 times)  Share 

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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #855 on: May 08, 2013, 09:19:05 pm »
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how would i go about answering this question:
Explain the importance of judges and courts in law making (5 marks)?
To me the whole question seems kinda vague, do I explain the entire process in detail, including precendents, cases, etc. or do I just explain in general terms..
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michak

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Re: VCE Legal Studies Question Thread
« Reply #856 on: May 08, 2013, 09:55:00 pm »
+1
how would i go about answering this question:
Explain the importance of judges and courts in law making (5 marks)?
To me the whole question seems kinda vague, do I explain the entire process in detail, including precendents, cases, etc. or do I just explain in general terms..

This question is asking about how do judges make law, and is it really important.
From my interpretation this is how i would break down the question:

I think the first part is worth 2 marks about why it is important for judges to make law, thus explaining how important they are.
State two maybe three of either legislation wording changes over time, legislation may be ambigious, developments in technology not covered by law and there are others. Also maybe chuck in one example.

Then I think for 3 marks you would explain how important the way they make law is. Thus explaining how they make law through precedents and statutory interpretation. Also because its asking about their importance I would also mention things they can do that parliament doesnt really eg. make very specific laws, once they have a case it is a quick process, dont have to have consultations with public etc.


Tbh there is probably many ways you could answer this question and that would be mine, hope that helps some what :)
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staceyanne1

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Re: VCE Legal Studies Question Thread
« Reply #857 on: May 13, 2013, 10:46:40 pm »
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Hi, i'm in year 11 taking my first 3/4 subject so I'm not sure how study scores work.
 

What would I have to get on upcoming SACS and the end of year exam in order to get a 45 in legal studies considering that I have gotten 92% on SAC1, and then I bummed out and got an 82% on SAC2?

Any help would be appreciated


michak

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Re: VCE Legal Studies Question Thread
« Reply #858 on: May 13, 2013, 10:55:17 pm »
0
Hi, i'm in year 11 taking my first 3/4 subject so I'm not sure how study scores work.
 

What would I have to get on upcoming SACS and the end of year exam in order to get a 45 in legal studies considering that I have gotten 92% on SAC1, and then I bummed out and got an 82% on SAC2?

Any help would be appreciated



Hey, welcome

As you will read your rank counts more, however when you want 45 + you dont want to lose too many marks.
Those are good marks dont worry too much about it as sacs may go up if you are in a strong cohort.

For legal you need to do well on the exam. You need a high A (1 mark off a A+) at least to have a chance at.

I got A+ in my sacs overall for unit 3 and unit 4 and an A on the exam - i stuffed up the exam, 1 mark off an A+.

I ended with 42.

Just do the best you can :)
2011: Bio [36]
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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #859 on: May 15, 2013, 03:43:15 pm »
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For the question on ways to avoid precedents, would we need to know a case for each one, e.g. a case for overruling, etc.? Also in how much detail do  we need to know the AON risk services Australia Ltd. v Australian National University case?

This question is asking about how do judges make law, and is it really important.
From my interpretation this is how i would break down the question:

I think the first part is worth 2 marks about why it is important for judges to make law, thus explaining how important they are.
State two maybe three of either legislation wording changes over time, legislation may be ambigious, developments in technology not covered by law and there are others. Also maybe chuck in one example.

Then I think for 3 marks you would explain how important the way they make law is. Thus explaining how they make law through precedents and statutory interpretation. Also because its asking about their importance I would also mention things they can do that parliament doesnt really eg. make very specific laws, once they have a case it is a quick process, dont have to have consultations with public etc.


Tbh there is probably many ways you could answer this question and that would be mine, hope that helps some what :)
Also thanks for this answer i completely forgot about it.
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michak

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Re: VCE Legal Studies Question Thread
« Reply #860 on: May 15, 2013, 03:49:58 pm »
0
For the question on ways to avoid precedents, would we need to know a case for each one, e.g. a case for overruling, etc.? Also in how much detail do  we need to know the AON risk services Australia Ltd. v Australian National University case?
Also thanks for this answer i completely forgot about it.

In the study design it says you need to know 1 referendum and 2 high court cases - they are the only cases you actually need to know. Everything else is optional. However you should know the Roach case and 1 maybe 2 cases for implied right. So to answer your question only if you think it wil help you to explain the answer.

Also I have never heard of that case so cant comment :P
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #861 on: May 15, 2013, 04:10:59 pm »
0
What's an A+ grade for Legal? 95 and above?
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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #862 on: May 15, 2013, 04:43:14 pm »
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What's an A+ grade for Legal? 95 and above?
I think it depends on the year, last year for
GA1 (Unit 3 Sacs) it was 93-100
GA2 (Unit 4 Sacs) it was 94-100
GA3 (Exam) it was 121-140 (out of 140) which translates to about 86% i think.
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michak

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Re: VCE Legal Studies Question Thread
« Reply #863 on: May 15, 2013, 07:00:39 pm »
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What's an A+ grade for Legal? 95 and above?

I think abominablemowman last year it was 122/140. The thing with legal is that it very rarely changes much from this number may go up or down 1 but thats about it.
2011: Bio [36]
2012: Legal [42] PE [43] Chem [33] English [40] Methods [25] 
ATAR: 93.30
2013: B. Arts at Monash University
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #864 on: May 15, 2013, 08:05:04 pm »
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I think it depends on the year, last year for
GA1 (Unit 3 Sacs) it was 93-100
GA2 (Unit 4 Sacs) it was 94-100
GA3 (Exam) it was 121-140 (out of 140) which translates to about 86% i think.

Thanks for the replies. I'm glad that I'm faring well in this subject. Woo. Almost had a heart attack.
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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #865 on: May 15, 2013, 10:10:38 pm »
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So I have a SAC tomorrow and I'm really confused about this one part..
My teacher says that we have to use Mabo and Wik as an example for a question on doctrine of precedent (because it's the most recent), but I don't understand how Mabo set a precedent for Wik..
This whole Native title and Pastoral Leases thing confuses me.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #866 on: May 15, 2013, 11:19:19 pm »
+2
So I have a SAC tomorrow and I'm really confused about this one part..
My teacher says that we have to use Mabo and Wik as an example for a question on doctrine of precedent (because it's the most recent), but I don't understand how Mabo set a precedent for Wik..
This whole Native title and Pastoral Leases thing confuses me.

Before Mabo the law was that people could own property by purchasing the 'Torrens Title' (a piece of paper registered with the government) to it. This law was made by parliament, thus contained in legislation.

The reason why the current parliament has the authority to decide who owns the land in Australia and who doesn't (and what you have to do to own it) is because when the British settled Australia they treated it as unoccupied land and thus free for the taking. This 'unoccupied land' bit is known as the principle of 'terra nullius'.

In the Mabo case the High Court decided that there was *another* way people could own land, in addition to the Torrens Title legislation: this was through showing they owned it (by living on it) since before the British arrived, and had not stopped living on it since (as a community). They called this 'Native Title' and created it as a *court-made law* that existed as well as the parliament-made law.

In order to do this they overturned the assumption of 'terra nullius' and decided Australia WAS occupied at British settlement. They changed it from 'taking land belonging to no-one' to 'conquering land belonging to someone' - and, therefore, any part of the land that had not properly been "conquered" still belonged to the same people who owned it before.

The precedent was therefore essentially the concept of native title.

The Wik case relied on this precedent, and then asked that the High Court clarify more specifically when native title ownership could be recognised and when it couldn't in situations where it appeared to clash with statutory ownership/use. Without having the precedent of native title to rely on in the first place, there would be no clash with statutory ownership/use and thus no reason for the case :)

Honestly, though - it's like a 1 mark example you can use in a few instances but don't HAVE to use anywhere. Don't stress about the little details.
« Last Edit: May 15, 2013, 11:21:55 pm by meganrobyn »
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AbominableMowman

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Re: VCE Legal Studies Question Thread
« Reply #867 on: May 16, 2013, 11:58:05 am »
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Before Mabo the law was that people could own property by purchasing the 'Torrens Title' (a piece of paper registered with the government) to it. This law was made by parliament, thus contained in legislation.

The reason why the current parliament has the authority to decide who owns the land in Australia and who doesn't (and what you have to do to own it) is because when the British settled Australia they treated it as unoccupied land and thus free for the taking. This 'unoccupied land' bit is known as the principle of 'terra nullius'.

In the Mabo case the High Court decided that there was *another* way people could own land, in addition to the Torrens Title legislation: this was through showing they owned it (by living on it) since before the British arrived, and had not stopped living on it since (as a community). They called this 'Native Title' and created it as a *court-made law* that existed as well as the parliament-made law.

In order to do this they overturned the assumption of 'terra nullius' and decided Australia WAS occupied at British settlement. They changed it from 'taking land belonging to no-one' to 'conquering land belonging to someone' - and, therefore, any part of the land that had not properly been "conquered" still belonged to the same people who owned it before.

The precedent was therefore essentially the concept of native title.

The Wik case relied on this precedent, and then asked that the High Court clarify more specifically when native title ownership could be recognised and when it couldn't in situations where it appeared to clash with statutory ownership/use. Without having the precedent of native title to rely on in the first place, there would be no clash with statutory ownership/use and thus no reason for the case :)

Honestly, though - it's like a 1 mark example you can use in a few instances but don't HAVE to use anywhere. Don't stress about the little details.
Thank YOUUU :D
My teacher said that we had to remember mabo and wik for the SAC :(
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #868 on: May 16, 2013, 05:31:51 pm »
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Hey just received my part b of my Constitution SAC and I lost marks on this question:

"Define referral of powers. Discuss how the referral of powers is limited in altering the division of law-making powers between the State and the Commonwealth Parliaments."  4 marks.

I defined referral of powers and a mark but I was quite lost as to what the other 3 marks were for.
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michak

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Re: VCE Legal Studies Question Thread
« Reply #869 on: May 16, 2013, 06:06:07 pm »
+1
Hey just received my part b of my Constitution SAC and I lost marks on this question:

"Define referral of powers. Discuss how the referral of powers is limited in altering the division of law-making powers between the State and the Commonwealth Parliaments."  4 marks.

I defined referral of powers and a mark but I was quite lost as to what the other 3 marks were for.

The other 3 marks would have been for answering the second part of the question - "discuss how the referral of powers is limited in altering the division of law-making powers between states and commonwealth"

You could have said:
- It is up to the states to first give the commonwealth their power, even if another state does they don't have to
-It is also limited if only a few of the states do it, this then possibly results in varying laws just as if the states still had the power, only really works well if all states refer power
-States are very sceptical and dont want to limit their power at all and have the commonwealth control another aspect of law making thus very reluctant to give them away.

Also your teacher may have had 2 marks allocated for the definition. :)
2011: Bio [36]
2012: Legal [42] PE [43] Chem [33] English [40] Methods [25] 
ATAR: 93.30
2013: B. Arts at Monash University
2014: Bachelor of Laws/Bachelor of Arts at Monash