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March 28, 2024, 10:10:40 pm

Author Topic: HSC Legal Studies Question Thread  (Read 568017 times)  Share 

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MisterNeo

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Re: Legal Studies Question Thread
« Reply #810 on: April 28, 2017, 12:29:12 pm »
+1
Hi, can someone clarify the recent changes to the Anti-racial discrimination act? The wording is changed from "insult" to "harass". Has it actually been approved and changed, or has it been defeated?

rodero

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Re: Legal Studies Question Thread
« Reply #811 on: April 28, 2017, 07:25:28 pm »
0

Hi, can someone clarify the recent changes to the Anti-racial discrimination act? The wording is changed from "insult" to "harass". Has it actually been approved and changed, or has it been defeated?

From my understanding it didn't go through. Regardless, I personally don't see a good enough reason for a change like this to happen. I believe they wanted to change the words from "insult, offend and humiliate" to the broader term "harass".
HSC 2017:
English (Advanced): 91    Legal Studies: 92    Modern History: 91    Studies of Religion 2: 90    Business Studies: 92

ATAR: 96.75

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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #812 on: April 29, 2017, 12:28:10 am »
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Hi, can someone clarify the recent changes to the Anti-racial discrimination act? The wording is changed from "insult" to "harass". Has it actually been approved and changed, or has it been defeated?

The latest is that it was blocked and did not pass. Article here!
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MisterNeo

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Re: Legal Studies Question Thread
« Reply #813 on: April 29, 2017, 02:34:29 pm »
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Ok thank you so much!!  :)

chelseam

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Re: Legal Studies Question Thread
« Reply #814 on: April 30, 2017, 04:02:14 pm »
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Hi! Could someone please explain what judicial guidelines are? Thank you  :)
HSC 2017: Chemistry / English Advanced / English Extension 1 / Legal Studies (5th in NSW) / Math Extension 1 / Math Extension 2

Wales

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Re: Legal Studies Question Thread
« Reply #815 on: May 01, 2017, 03:46:36 pm »
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In my upcoming assessment I've been told to bring in a media article and reference it in relation to Family Law. I've also been told it is an EVALUATE style question that contains a STATEMENT that I must integrate into my essay.

My questions are ;

1) How does one effectively reference a media article when writing a Legal Essay? What kind of article should I be looking for, one that contains judgement and reports or more statistics centric articles?

2) What is the most effective way of integrating a statement into a Legal Essay? My teacher has outlined how it shouldn't be directly quoted at the start/end and to integrate the concepts throughout the essay (each paragraph) or something along those lines.

3) Where are some good sources for recent articles. I've been told to look under "media releases" under parliamentary websites but I'm open to others.

Greatly appreciate the help :)

Regards, Wales
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #816 on: May 01, 2017, 09:38:56 pm »
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Hi! Could someone please explain what judicial guidelines are? Thank you  :)

Hey Chelsea! Speaking basically, judicial guidelines are precedents, prior judicial decisions that a judge might use (or may be required to use) in forming their decision for the case in front of them! ;D

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #817 on: May 01, 2017, 09:51:35 pm »
+1
1) How does one effectively reference a media article when writing a Legal Essay? What kind of article should I be looking for, one that contains judgement and reports or more statistics centric articles?

I like to use media articles to show public opinion of issues (ultimately, things being written about are important to the public at least to some degree). They may also contain useful quotes from legal personnel, politicians, or other useful bits. It is more effective to have a specific reason to introduce the article (to show an opinion, or reference a quote) rather than just using it as a lead in to a case. Lots of people say, "As is discussed in __________ article, the Thomas Kelly King hit case was a significant success in..." - That's not super effective, because you don't actually do anything with it. It's just there to check a box, so to speak :)

Quote
2) What is the most effective way of integrating a statement into a Legal Essay? My teacher has outlined how it shouldn't be directly quoted at the start/end and to integrate the concepts throughout the essay (each paragraph) or something along those lines.

I agree with your teacher! Putting it in the first sentence as a direct quote isn't the most sophisticated way to go. Embedding the ideas from the statement throughout the response is the way to go - I also liked to paraphrase the quote into what I was saying, makes it a bit more obvious that you've made a direct effort to "integrate the concepts."

^ See the paraphrase I did there? ;)

Quote
3) Where are some good sources for recent articles. I've been told to look under "media releases" under parliamentary websites but I'm open to others.

Media releases are Gold, keep your eyes on prominent media websites as well (be aware of bias) ;D and don't forget our media library/recent developments threads ;D

chelseam

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Re: Legal Studies Question Thread
« Reply #818 on: May 01, 2017, 09:55:05 pm »
+1
Hey Chelsea! Speaking basically, judicial guidelines are precedents, prior judicial decisions that a judge might use (or may be required to use) in forming their decision for the case in front of them! ;D
Thank you so much Jamon! :)
HSC 2017: Chemistry / English Advanced / English Extension 1 / Legal Studies (5th in NSW) / Math Extension 1 / Math Extension 2

LOVEPHYSICS

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Re: Legal Studies Question Thread
« Reply #819 on: May 01, 2017, 11:26:25 pm »
+1
Hi! Could someone please explain what judicial guidelines are? Thank you  :)
Hey Chelsea! Speaking basically, judicial guidelines are precedents, prior judicial decisions that a judge might use (or may be required to use) in forming their decision for the case in front of them! ;D

Guideline judgments are means by which a superior court may provide guidance to other courts over the exercise of judicial discretion, e.g. sentencing etc. The judgments are there to guide and not dictate, unlike precedents which may bind. In short, they are two different things. For some helpful recent judicial discussion on this, see R v Wong [1999] NSWCCA - 'As was explicitly stated ... a sentencing guideline is indicative only. A guideline may be departed from and it is not binding in any formal sense nor does it constitute a rule of law [unlike precedents] (see Jurisic at 220; Henry at [25] - [30] and [42]).' This case ended up in the HCA and the plurality judgment there also referred to the above statement, merely suggesting further that they should at least always be considered [43].


« Last Edit: May 02, 2017, 03:14:49 am by LOVEPHYSICS »
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chelseam

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Re: Legal Studies Question Thread
« Reply #820 on: May 01, 2017, 11:33:56 pm »
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Guideline judgments are means by which a superior court may provide guidance to other courts over the exercise of judicial discretion, e.g. sentencing etc. The judgments are there to guide and not dictate, unlike precedents which may bind. In short, they are two different things. For some helpful recent judicial discussion on this, see R v Wong [1999] NSWCCA - 'As was explicitly stated ... a sentencing guideline is indicative only. A guideline may be departed from and it is not binding in any formal sense nor does it constitute a rule of law [unlike precedents] (see Jurisic at 220; Henry at [25] - [30] and [42]).' This case ended up in the HCA and the plurality judgment there also referred to the above statement, merely suggesting that they should at least always be considered [43].
Thank you so much! This is so helpful :)
HSC 2017: Chemistry / English Advanced / English Extension 1 / Legal Studies (5th in NSW) / Math Extension 1 / Math Extension 2

ash_mcalpine

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Re: Legal Studies Question Thread
« Reply #821 on: May 02, 2017, 09:17:04 am »
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Hi I have an essay due on "Assessing the role of government in providing and securing shelter for individuals" - I know its one of the options so its not a core study but I was wondering if you could give any advice on starting this as I am lost thanks!

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #822 on: May 02, 2017, 09:36:09 am »
+1
Hi I have an essay due on "Assessing the role of government in providing and securing shelter for individuals" - I know its one of the options so its not a core study but I was wondering if you could give any advice on starting this as I am lost thanks!

Hey Ash! My advice to start would be for you to make a list of things the government is doing well for this issue, and then things it isn't. Ultimately, the assess part of the question means you need to make a judgement, how good/bad the response to the issue has been. So, you need to get clear in your head what is working, and what isn't.

That will help you form your argument. Maybe you argue that the government is hopeless, because you can't think of any good things. Fair enough. Maybe you go the other way around, or maybe you go somewhere in between. All are fine - But the list will help you figure that out! ;D

Wales

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Re: Legal Studies Question Thread
« Reply #823 on: May 02, 2017, 05:47:43 pm »
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I like to use media articles to show public opinion of issues (ultimately, things being written about are important to the public at least to some degree). They may also contain useful quotes from legal personnel, politicians, or other useful bits. It is more effective to have a specific reason to introduce the article (to show an opinion, or reference a quote) rather than just using it as a lead in to a case. Lots of people say, "As is discussed in __________ article, the Thomas Kelly King hit case was a significant success in..." - That's not super effective, because you don't actually do anything with it. It's just there to check a box, so to speak :)

I agree with your teacher! Putting it in the first sentence as a direct quote isn't the most sophisticated way to go. Embedding the ideas from the statement throughout the response is the way to go - I also liked to paraphrase the quote into what I was saying, makes it a bit more obvious that you've made a direct effort to "integrate the concepts."

^ See the paraphrase I did there? ;)

Media releases are Gold, keep your eyes on prominent media websites as well (be aware of bias) ;D and don't forget our media library/recent developments threads ;D


That's actually a brilliant idea. I'll keep a lookout for articles with quotes from politicians or renown journalists etc. Gives me a much better idea of what to look for.

I didn't know about the Media Library on AN :D just had a look and it's awesome. Thanks for that

I'll prepare and essay and hopefully pop over to the essay marking forum and get some feedback~

Cheers, Wales ß
« Last Edit: May 02, 2017, 05:52:47 pm by jamonwindeyer »
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Wales

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Re: Legal Studies Question Thread
« Reply #824 on: May 02, 2017, 06:11:56 pm »
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Sorry to post again :P Hope you don't mind seeing my face around here too often ahah

I'm having a fair bit of trouble understanding the task, or rather what to study for. Would anyone here be able to give me a brief rundown of possible exam style questions regarding Family law and specific parts I would need to mention. The assessment notification is quite broad, it outlines how we should study recognition of same sex marriages, effectiveness of family law/law reforms and divorce and domestic violence. I'm quite genuinely confused as to what to look for and study for.

Should I be looking to get a laws/law reforms for each of the categories? 1 for Effectiveness/Ineffectiveness of Family law, Divorce and Domestic Violence?  What's an exam question that I should look out for/what's a good exam question to practice. I'll have a look through past papers and see if I come across anything.
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