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March 29, 2024, 05:55:13 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596434 times)  Share 

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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #945 on: July 16, 2013, 09:13:11 pm »
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Hey! If asked to outline the criminal/civil jurisdiction of a court, do we mention both original and appellate? Likewise, if asked to outline the original/appellate jurisdiction of a court, do we mention both criminal and civil? And if asked either of these questions in relation to the Supreme Court, if the division is not specified, do we answer the question in relation to the Trial Division AND the Court of Appeal or is it implying the Trial Division only?

Thanks :)
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unfamila

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Re: VCE Legal Studies Question Thread
« Reply #946 on: July 16, 2013, 09:44:14 pm »
+1
Hey! If asked to outline the criminal/civil jurisdiction of a court, do we mention both original and appellate? Likewise, if asked to outline the original/appellate jurisdiction of a court, do we mention both criminal and civil? And if asked either of these questions in relation to the Supreme Court, if the division is not specified, do we answer the question in relation to the Trial Division AND the Court of Appeal or is it implying the Trial Division only?

Thanks :)
What I've been told is
Yes, Yes, Yes both.

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #947 on: July 16, 2013, 10:57:05 pm »
+1
Just do TD unless you look at the mark allocation and go, "what the hell???"

Mind you, look at the exam and they've been more specific about divisions in recent years. Possibly to avoid this confusion.
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #948 on: July 17, 2013, 09:14:07 pm »
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Ok thanks!
This question: The Marital Status Act 2009 has just been passed by the Victorian Parliament. If the constitutional validity of the Marital Status Act 2009 was challenged, identify the court that would hear this matter. Outline one aspect of its appellate jurisdiction. [2 marks]
It relates to the High Court, but we don't need to know about that for this AOS do we?
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #949 on: July 17, 2013, 09:42:36 pm »
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Ok thanks! Just clarifying :)
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #950 on: July 17, 2013, 10:23:32 pm »
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I've been asking so many questions lately! Sorry haha! :S It's because my SAC is around the corner and I wanna make sure I've effectively covered every question that could possibly crop up :)

Explain the main role of VCAT within the Victorian legal system. [4 marks]
It says main role, so what do we say? Because it's four marks, can we just briefly discuss low costs, timely resolution, accessible and informal, and quality and expertise or is it something else? Because I feel like these are 4 separate roles rather than one main role.. Or I might be missing the point.. And when asked this question, should we just start off by giving definition of VCAT before actually getting into the role?

Thanks :)
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #951 on: July 18, 2013, 04:43:42 pm »
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How would one structure the questions below:

1. Evaluate the methods of the dispute resolution. Provide an answer to support judicial determination. (8 marks)

2. Evaluate how the courts and VCAT operate and decide which is more effective. In your answer include two strengths and weaknesses of each dispute resolution. (10 marks)

Thanks for  your help.
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #952 on: July 20, 2013, 03:35:21 pm »
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When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?
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Dejan

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Re: VCE Legal Studies Question Thread
« Reply #953 on: July 20, 2013, 03:39:59 pm »
0
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?
That would be the best way, I got full marks when I structured my answer like in the above

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #954 on: July 20, 2013, 03:48:40 pm »
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wait a or b?
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M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #955 on: July 20, 2013, 04:13:05 pm »
0
When answering questions relating to the jurisdiction of a court, what's the best way to structure it?
a. Criminal jurisdiction
     - original
     - appellate
    Civil jurisdiction
     - original
     - appellate

OR

b. Original jurisdiction
    - criminal
    - civil
    Appellate jurisdiction
    - criminal
    - civil

or do you guys do it even more different than this? What would be the best way?

Honestly for jurisdiction questions I don't think structure really matters - I think having the content right is much more important. The assessor is unlikely to take any marks off if you have all the  jurisdiction of a court. Structure is probably more important in essays. Personally I would do Option "b" but "a" is just as good.

vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #956 on: July 21, 2013, 10:29:43 pm »
+1
Stephanie operates a small company and last year she sued Zed Company. She believed that because Zed Company had broken a contract she had with them, she would lose $180 000. Stephanie won the case but said afterwards that she found the whole process of going to court very unsatisfactory.
a.   In which court is it most likely that this case would have been heard? [1 mark]

The answer is County Court, but why isn't it the Supreme Court too, since both courts can hear civil cases of unlimited amounts?

b.   Describe another method of dispute resolution that could have been used to resolve this case. Explain two reasons why Stephanie might have found this other method more satisfactory. [6 Marks]

It says the answer is mediation, but why? I don't get why it isn't conciliation or arbitration, but it's mediation instead... :\

Please help me out!
Thanks :)
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vashappenin

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Re: VCE Legal Studies Question Thread
« Reply #957 on: July 22, 2013, 09:33:19 am »
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How many strengths/weaknesses should we try to know for dispute resolution methods and the way courts and VCAT resolve disputes?
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jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #958 on: July 22, 2013, 10:00:34 am »
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How would one structure the questions below:

1. Evaluate the methods of the dispute resolution. Provide an answer to support judicial determination. (8 marks)

2. Evaluate how the courts and VCAT operate and decide which is more effective. In your answer include two strengths and weaknesses of each dispute resolution. (10 marks)

Thanks for  your help.

REPOST because question was not answered.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #959 on: July 22, 2013, 11:42:48 am »
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Um. Part a) probably needs clarification... But I was told that in general, the Supreme Court hears the more serious civil disputes - so when in doubt, choose the County Court because the question asks "most likely".

Part b) Conciliation and arbitration are definitely acceptable. The answer of mediation was probably only intended as a sample answer...

I agree :)

And, with (a), there's nothing to indicate that the dispute was particularly serious or complex, so County would be most likely.

[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!