Login

Welcome, Guest. Please login or register.

March 29, 2024, 12:25:25 am

Author Topic: VCE Legal Studies Question Thread  (Read 596263 times)  Share 

0 Members and 2 Guests are viewing this topic.

vashappenin

  • Victorian
  • Forum Leader
  • ****
  • Posts: 905
  • Respect: +31
  • School Grad Year: 2013
Re: VCE Legal Studies Question Thread
« Reply #975 on: August 13, 2013, 05:50:53 pm »
0
Also:
- what exactly do we need to know  for each: bail, remand and committal hearings?
- what exactly do we need to know for the 3 selected criminal sanctions?

Thanks :)
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 #976 on: August 13, 2013, 07:40:13 pm »
0
Are we required to know strengths and weaknesses of the inquisitorial system of trial or not??
The study design doesn't specifically say to know the strengths and weaknesses of the inquisitorial system, but I believe there have been past questions on the exams which ask to compare and contrast the inquisitorial system with the adversarial system. You might not need to put the strengths and weaknesses for this question (just compare each aspect such as role of judge, role of parties,etc.). I think its better to know the strengths and weaknesses generally of both systems though simply because you have more to compare when it comes to doing the actual questions (since its usually a long question).
2014 - VCE

2015 - 2017

meganrobyn

  • Victorian
  • Forum Leader
  • ****
  • Posts: 837
  • Respect: +62
Re: VCE Legal Studies Question Thread
« Reply #977 on: August 14, 2013, 10:13:45 am »
0
Hi guys- quick question on civil proceedings:
If a defendant is served with a writ by the plaintiff, do they HAVE to defend their case through the courts? Are they obligated to file a Notice of Appearance? What if they want to settle outside of court, what document is involved there?

Also, is a letter of demand always necessary?
Can a plaintiff file a writ straight away without a letter of demand?

Thanks!

If the plaintiff doesn't send a fair letter of demand, or the defendant rejects a fair one, the court will usually reduce or increase the damages awarded in consequence.

If you get served with a writ you can contact the plaintiff to try to achieve a settlement; if that is successful, they will withdraw their claim. But it's up to them. If you don't respond and they don't withdraw, you basically lose by default.
[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!

akeergar

  • Victorian
  • Trailblazer
  • *
  • Posts: 42
  • Respect: 0
  • School: The Grange P-12 College
Re: VCE Legal Studies Question Thread
« Reply #978 on: August 19, 2013, 11:35:04 pm »
0
Hey guys,

This question's probably already been asked but I just did to clarify (for myself and anyone who needs clarification)

Are we required to:
a) know the jurisdictions of specified specialist courts
b) know the jurisdictions of specified VCAT list
c) know any other criminal pre-trial procedures aside from committal, bail and remand (I was disappointed they took out the police/individual powers stuff, was looking forward to it)
or are these completely removed from the study design?

oh and coming off what M_BONG said... how much detail do we need to know about committal hearings?

Thanks!
Hopeful Atar score: 98

Arts/Law Monash University.

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 #979 on: August 20, 2013, 02:26:51 pm »
0
a. No
b. No
c. I think Directions Hearing as well but you might have to check on that with your teacher.

d. The purpose of committal hearings and the two methods - hand up brief and the contested committal
2014: BA @ Monash University
2015: LLB(Hons)/BA @ Monash University

akeergar

  • Victorian
  • Trailblazer
  • *
  • Posts: 42
  • Respect: 0
  • School: The Grange P-12 College
Re: VCE Legal Studies Question Thread
« Reply #980 on: August 26, 2013, 09:30:58 pm »
0
a. No
b. No
c. I think Directions Hearing as well but you might have to check on that with your teacher.

d. The purpose of committal hearings and the two methods - hand up brief and the contested committal

cheers!
Hopeful Atar score: 98

Arts/Law Monash University.

arshavin23

  • Victorian
  • Adventurer
  • *
  • Posts: 7
  • Respect: 0
Re: VCE Legal Studies Question Thread
« Reply #981 on: August 31, 2013, 02:37:06 pm »
0
Does anyone know if we have to evaluate the operation and features of the adversary system with the inquisitorial system? Or is it just to compare the two?

meganrobyn

  • Victorian
  • Forum Leader
  • ****
  • Posts: 837
  • Respect: +62
Re: VCE Legal Studies Question Thread
« Reply #982 on: September 01, 2013, 12:37:23 am »
0
Does anyone know if we have to evaluate the operation and features of the adversary system with the inquisitorial system? Or is it just to compare the two?

Evaluate, as well :)
[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!

tcstudent

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 211
  • Respect: +2
Re: VCE Legal Studies Question Thread
« Reply #983 on: September 06, 2013, 09:58:38 pm »
0
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age 

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 #984 on: September 07, 2013, 09:23:03 am »
0
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age

You could say that challenges mean that the views of the community may not be fully represented because of possible jurors being challenged, therefore resulting in an unfair and unbiased trial. Challenges may also mean that the verdict of the trial may be compromised because of the challenges used by the prosecution which may employ possible jurors that may not be sympathetic or do not understand the circumstances of the defendant, therefore resulting again in an unjust trial.

Ultimately you could say that through these challenges, only a portion of community values may be represented because of the possible challenges that may occur which may prejudice the defendant.
2014: BA @ Monash University
2015: LLB(Hons)/BA @ Monash University

meganrobyn

  • Victorian
  • Forum Leader
  • ****
  • Posts: 837
  • Respect: +62
Re: VCE Legal Studies Question Thread
« Reply #985 on: September 07, 2013, 04:14:54 pm »
0
How do challenges influence the composition of a jury?<----3 marks

bit unsure, but i would say challenges affect the composition of a jury as the defendant has the ability to challenge those empanelled as he/she may believe they may be less sympathetic towards the defendant because of her gender or age

I think this one's just a content question rather than an evaluate one. Peremptory challenges are... and they can remove people from the final jury by... While challenges for cause are... and they can remove people from the jury by...

Based on the implied task word, I feel it's a fairly straightforward 'explain'.
[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!

awesomejames

  • Victorian
  • Trendsetter
  • **
  • Posts: 191
  • Respect: +7
Re: VCE Legal Studies Question Thread
« Reply #986 on: September 17, 2013, 06:30:36 pm »
0
Is there any difference between possible reforms to the adversary system and recent recommendations for change in the legal system?


Also, are youth justice centre orders not considered to be sanctions?

M_BONG

  • Guest
Re: VCE Legal Studies Question Thread
« Reply #987 on: September 17, 2013, 06:42:59 pm »
0
Is there any difference between possible reforms to the adversary system and recent recommendations for change in the legal system?


Also, are youth justice centre orders not considered to be sanctions?
If you want to get precise, possible reforms means there is no specific time frame (ie. it can happen anytime in the future). whilst recent recommendations means it has been suggested recently.
Also, a question that asks you about possible reforms to the adversary system means you have to talk about the adversary system only; "legal system" means you can talk about adversary system, criminal and civil procedures and juries.

Youth justice centre orders are considered sanctions. Sanctions are punishments They are, however, more catered towards rehabilitation rather than punishment.

awesomejames

  • Victorian
  • Trendsetter
  • **
  • Posts: 191
  • Respect: +7
Re: VCE Legal Studies Question Thread
« Reply #988 on: September 17, 2013, 06:49:59 pm »
0
If you want to get precise, possible reforms means there is no specific time frame (ie. it can happen anytime in the future). whilst recent recommendations means it has been suggested recently.
Also, a question that asks you about possible reforms to the adversary system means you have to talk about the adversary system only; "legal system" means you can talk about adversary system, criminal and civil procedures and juries.

Youth justice centre orders are considered sanctions. Sanctions are punishments They are, however, more catered towards rehabilitation rather than punishment.

Cheers!!
In regards to recent recommendations would you be incorrect if you answer "allow for judges to have a wider and more advanced role in the adversary system".  Since its is a possible reform.

M_BONG

  • Guest
Re: VCE Legal Studies Question Thread
« Reply #989 on: September 17, 2013, 09:09:39 pm »
0
Cheers!!
In regards to recent recommendations would you be incorrect if you answer "allow for judges to have a wider and more advanced role in the adversary system".  Since its is a possible reform.
If I was answering this question on a SAC (ie. asking for recent recommendations), i would find an article (google or textbook) where someone has suggested recently that judges should be given wider role; quote it in the SAC.. Eg. "President of Sentencing Advisory Concil Arie Freiberg has said that...", to give evidence that it is a recent recommendation so that your teacher can't take off marks. Idk how your teachers are but my teachers are really tight with those things.