Login

Welcome, Guest. Please login or register.

March 29, 2024, 09:43:06 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596480 times)  Share 

0 Members and 3 Guests are viewing this topic.

jeanweasley

  • Victorian
  • Forum Leader
  • ****
  • Posts: 683
  • Trust only in yourself
  • Respect: +73
  • School: SHGC
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #870 on: May 16, 2013, 06:36:42 pm »
0
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. :)

Oh. okay. That's very clear. I don't know why I wrote something different  on the SAC when I knew this. :/
Thanks for answering :)
2014: BA @ Monash University
2015: LLB(Hons)/BA @ Monash University

michak

  • Victorian
  • Forum Leader
  • ****
  • Posts: 667
  • Respect: +21
  • School: Westbourne Grammar School
  • School Grad Year: 2012
Re: VCE Legal Studies Question Thread
« Reply #871 on: May 16, 2013, 07:08:19 pm »
+2
Oh. okay. That's very clear. I don't know why I wrote something different  on the SAC when I knew this. :/
Thanks for answering :)

No worries
Dont worry too much about it, hopefuly you got everything else right.

Better to make the mistake now so you will defs remember for the exam :)
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

jeanweasley

  • Victorian
  • Forum Leader
  • ****
  • Posts: 683
  • Trust only in yourself
  • Respect: +73
  • School: SHGC
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #872 on: May 16, 2013, 08:27:36 pm »
0
No worries
Dont worry too much about it, hopefuly you got everything else right.

Better to make the mistake now so you will defs remember for the exam :)

Thanks. :) That's a good point. I'll definitely know not to write something stupid.
2014: BA @ Monash University
2015: LLB(Hons)/BA @ Monash University

unfamila

  • Victorian
  • Trendsetter
  • **
  • Posts: 142
  • Lad
  • Respect: +1
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #873 on: May 16, 2013, 09:44:11 pm »
0
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50

michak

  • Victorian
  • Forum Leader
  • ****
  • Posts: 667
  • Respect: +21
  • School: Westbourne Grammar School
  • School Grad Year: 2012
Re: VCE Legal Studies Question Thread
« Reply #874 on: May 16, 2013, 10:00:05 pm »
0
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50


Hey that is still a really good mark dont sweat on it :)

if i was you i would go and see your teacher and ask what you needed to add to the questions you got wrong.
And that s.109 question was from last years exam and a lot of people didnt do too well.


Just make sure you figure out what went wrong. Did you just not know the information or did you have trouble explaining your answer?
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

meganrobyn

  • Victorian
  • Forum Leader
  • ****
  • Posts: 837
  • Respect: +62
Re: VCE Legal Studies Question Thread
« Reply #875 on: May 17, 2013, 02:53:28 pm »
0
hey i received 45/50 for AOS2 :-\\
I lost a mark on a 8 mark question about comparing countries- i think I said something wrong about the president.
And another mark on this question "To what extent is s.109 a restriction on the states" 5 marks- I defined it, explained how it restricted, used an example-first uniform tax case- but only received 3 marks.
And i lost half marks for lack of depth.
However the highest score was only 46/50

Just wondering - in what context did you mention the president? I assume this was the comparison of approaches to rights protection...
[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.
Good luck!

vashappenin

  • Victorian
  • Forum Leader
  • ****
  • Posts: 905
  • Respect: +31
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #876 on: May 18, 2013, 10:49:31 am »
0
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.
2013: English, Maths Methods, Further Maths, Legal Studies, HHD, Psychology
2014-present: Bachelor of Laws @ Monash University

Tutoring VCE English, Psych, Legal Studies and HHD in 2016! Tutoring via Skype too. PM me if you're interested :)

AbominableMowman

  • Victorian
  • Forum Leader
  • ****
  • Posts: 589
  • Respect: +29
Re: VCE Legal Studies Question Thread
« Reply #877 on: May 18, 2013, 11:00:42 am »
0
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.
We had to learn it for our SAC, so I'm assuming its required.. although not too sure. We had to learn everything about statutory interpretation, reasons, methods, etc
2014 - VCE

2015 - 2017

michak

  • Victorian
  • Forum Leader
  • ****
  • Posts: 667
  • Respect: +21
  • School: Westbourne Grammar School
  • School Grad Year: 2012
Re: VCE Legal Studies Question Thread
« Reply #878 on: May 18, 2013, 11:12:58 am »
+3
Hey are we required to know the methods used by judges for statutory interpretation? e.g extrinsic and intrinsic methods, purposive and legislative approach, etc? It's not explicitly stated in the study design, so I'm not too sure.

As it isn't specifically stated this means you wont get a question directly asking it eg. what are extrinsic materials. This is for the exam your sac maybe different.
However in them you may get a question in which these methods may help you explain your answer, so yes I would still know them. Saying that though I cant remember a VCAA question where I used these methods, but better than sorry and anyway they arent to hard to remember.
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

unfamila

  • Victorian
  • Trendsetter
  • **
  • Posts: 142
  • Lad
  • Respect: +1
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #879 on: May 18, 2013, 05:42:16 pm »
0
Just wondering - in what context did you mention the president? I assume this was the comparison of approaches to rights protection...
Yeah how USA doesn't have responsible government.

meganrobyn

  • Victorian
  • Forum Leader
  • ****
  • Posts: 837
  • Respect: +62
Re: VCE Legal Studies Question Thread
« Reply #880 on: May 19, 2013, 09:39:29 pm »
+2
Yeah how USA doesn't have responsible government.

Ohh, makes sense. Just two quick things: the USA doesn't have responsible government but they still do have accountability measures, so just double-check the point you're making re rights protection; and the focus is on the approach taken (eg the existence of structural protections in general) rather than individual rights or protections, so again just double-check to make sure you're not comparing the specific protections themselves :)
[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.
Good luck!

vashappenin

  • Victorian
  • Forum Leader
  • ****
  • Posts: 905
  • Respect: +31
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #881 on: May 25, 2013, 08:25:13 pm »
0
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
2013: English, Maths Methods, Further Maths, Legal Studies, HHD, Psychology
2014-present: Bachelor of Laws @ Monash University

Tutoring VCE English, Psych, Legal Studies and HHD in 2016! Tutoring via Skype too. PM me if you're interested :)

jeanweasley

  • Victorian
  • Forum Leader
  • ****
  • Posts: 683
  • Trust only in yourself
  • Respect: +73
  • School: SHGC
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #882 on: May 25, 2013, 08:53:12 pm »
0
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?

I think you can talk about when they are able to make laws and when they are not able to make laws. Depending on the question, you might want to say that courts don't just make or change laws without the need to.
2014: BA @ Monash University
2015: LLB(Hons)/BA @ Monash University

AbominableMowman

  • Victorian
  • Forum Leader
  • ****
  • Posts: 589
  • Respect: +29
Re: VCE Legal Studies Question Thread
« Reply #883 on: May 25, 2013, 08:53:48 pm »
0
Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute

And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)
2014 - VCE

2015 - 2017

michak

  • Victorian
  • Forum Leader
  • ****
  • Posts: 667
  • Respect: +21
  • School: Westbourne Grammar School
  • School Grad Year: 2012
Re: VCE Legal Studies Question Thread
« Reply #884 on: May 25, 2013, 10:55:58 pm »
+1
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute

And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)

Yeah ability if effectiveness. Its pretty much asking can courts make law? yes or no. And because it isn't an evaluate/critically evaluate question you aren't required to give the weakness of a strength.

Also I wouldn't say that courts can make/change laws quickly especially when they are compared to parliament, they can potential do it in a day.
Another point you can see is yes they have the ability to make law but this is a very specific and narrow area of law as they can only make law related to the case; cant make wide sweeping changes.
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