Login

Welcome, Guest. Please login or register.

March 29, 2024, 05:51:02 pm

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

0 Members and 10 Guests are viewing this topic.

waldo777

  • Victorian
  • Forum Regular
  • **
  • Posts: 66
  • Respect: +9
  • School: Koonung Secondary College
  • School Grad Year: 2011
Re: VCE Legal Studies Question Thread
« Reply #600 on: August 10, 2011, 09:59:51 pm »
0
Does judicial determination include arbitration? I have heard differing viewpoints!
2010: Business Management [46]
2011: English [40] | Accounting [47] | Legal Studies [46]  |  Methods [31] |  UMEP Accounting [5.5]
ATAR [98.40]
2012: Commerce at UoM (Economics and Accounting)

nacho

  • The Thought Police
  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2602
  • Respect: +418
Re: VCE Legal Studies Question Thread
« Reply #601 on: August 10, 2011, 10:02:12 pm »
0
Does judicial determination include arbitration? I have heard differing viewpoints!
hmm interesting question
arbitration is a hearing the magistrates court, but im fairly sure it doesnt count as judicial determination.
OFFICIAL FORUM RULE #1:
TrueTears is my role model so find your own

2012: BCom/BSc @ Monash
[Majors: Finance, Actuarial Studies, Mathematical Statistics]
[Minors: Psychology/ Statistics]

"Baby, it's only micro when it's soft".
-Bill Gates

Upvote me

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #602 on: August 10, 2011, 10:09:45 pm »
+1
Also, in arbitration, are there rules on evidence and procedure? or is it still as informal and flexible in it's nature as mediation?

No. There are no rules of evidence or procedure in arbitration. The only thing that differs is that the judge (the impartial third party) hears both parties' views/arguments and reaches a decision on behalf of the parties which is legally-binding, as opposed to the other ADRs.

Liuy

  • Victorian
  • Forum Leader
  • ****
  • Posts: 528
  • Respect: +5
  • School: Melbourne High School
  • School Grad Year: 2011
Re: VCE Legal Studies Question Thread
« Reply #603 on: August 10, 2011, 11:04:16 pm »
0
Legal Representation is also discouraged in Arbitration
'10: Chinese SLA [38]
'11: Legal Studies [50] | English [44] | Physical Education [41] | Psychology [31] + Methods
ATAR:97.85

'12: Monash University - Bachelor of Arts/Bachelor of Laws

Liuy

  • Victorian
  • Forum Leader
  • ****
  • Posts: 528
  • Respect: +5
  • School: Melbourne High School
  • School Grad Year: 2011
Re: VCE Legal Studies Question Thread
« Reply #604 on: August 11, 2011, 11:16:11 pm »
0
Are you guys studying the process of Committal hearings and also criminal procedure even though it is not stated in the study design?
'10: Chinese SLA [38]
'11: Legal Studies [50] | English [44] | Physical Education [41] | Psychology [31] + Methods
ATAR:97.85

'12: Monash University - Bachelor of Arts/Bachelor of Laws

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #605 on: August 12, 2011, 06:43:14 pm »
0
Are you guys studying the process of Committal hearings and also criminal procedure even though it is not stated in the study design?

Yes, we are (cltf and I).

cltf

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 411
  • You gotta be F***ing kidding.
  • Respect: +13
  • School: Camberwell Grammar School
  • School Grad Year: 2011
Re: VCE Legal Studies Question Thread
« Reply #606 on: August 12, 2011, 10:42:08 pm »
0
Anyone want to give me a summary of committal mention, committal hearing and direction hearing in brief? The way the textbook explains it is so convoluted. :S
Camberwell Grammar School Class of 2011

ATAR: 98.65

2010: Chinese [33]
2011: English[44] Methods [41] Chemistry [42] Legal Studies [41] Viscom [48]
2012: Commerce/Law @ Monash University

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #607 on: August 12, 2011, 10:50:02 pm »
+2
Anyone want to give me a summary of committal mention, committal hearing and direction hearing in brief? The way the textbook explains it is so convoluted. :S

Committal mention hearings deal with cases where the defendant has pleaded guilty to the charge. And hence subsequently, the case will be heard in a higher court for the offender to be sentenced. A normal committal hearing is used to determine whether there is sufficient evidence for a judge (and a jury) to convict the accused; prima facie case, in other words. A directions hearing is designed to identify the main issues of a case. Directions hearings have been introduced to reduce delays and costs associated with hearing indictable offences.

Zafaraaaa

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 443
  • Respect: +7
  • School Grad Year: 2011
Re: VCE Legal Studies Question Thread
« Reply #608 on: August 13, 2011, 11:07:40 am »
0
What is a Special Mention hearing??

thanks :)
"Be kind, for everyone you meet is fighting a hard battle" -Plato

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #609 on: August 13, 2011, 06:30:15 pm »
+1
What is a Special Mention hearing??

thanks :)

A special mention hearing is similar to a committal mention hearing from my understanding; if the accused pleads guilty to all charges the magistrate can send him or her to sentencing or a trial in the County Court or Supreme Court. The difference between a committal mention and special mention hearing is that a committal mention hearing can involve a wider range of things. In a committal mention hearing, a normal committal hearing may be conducted as can a summary hearing - to determine whether the offence(s) can be heard summarily - whereas in a special mention hearing, this doesn't occur.

werdna

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2857
  • Respect: +287
Re: VCE Legal Studies Question Thread
« Reply #610 on: August 13, 2011, 09:44:01 pm »
0
Quick question - when a question asks you to evaluate the effectiveness of the adversary system of trial, do we refer specifically to some of the elements of a legal system (and discuss whether these elements are fulfilled) OR just go with strengths/weaknesses? Thanks :P

eeps

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2533
  • Respect: +343
Re: VCE Legal Studies Question Thread
« Reply #611 on: August 13, 2011, 09:55:31 pm »
+2
Quick question - when a question asks you to evaluate the effectiveness of the adversary system of trial, do we refer specifically to some of the elements of a legal system (and discuss whether these elements are fulfilled) OR just go with strengths/weaknesses? Thanks :P

Both? Try to incorporate elements of an effective legal system into your strengths. For example, the strict rules of evidence and procedure in the adversary system of trial ensure a fair and unbiased hearing, which both parties have to adhere to.

werdna

  • Victorian
  • ATAR Notes Superstar
  • ******
  • Posts: 2857
  • Respect: +287
Re: VCE Legal Studies Question Thread
« Reply #612 on: August 14, 2011, 11:35:08 am »
0
Thanks EPL.:P

Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

cltf

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 411
  • You gotta be F***ing kidding.
  • Respect: +13
  • School: Camberwell Grammar School
  • School Grad Year: 2011
Re: VCE Legal Studies Question Thread
« Reply #613 on: August 14, 2011, 12:16:49 pm »
+1
Should I know the exact strengths and weaknesses of the inquisitorial system? Most of these are alluded to in the major features of the inquisitorial system and the comparison between the two types of systems, but should I know the exact ones? In the Justice & Outcomes book it is under 'going further' but in the Key Concepts it is part of the chapter, so I'm not sure if I need to know it. Thanks :)

You don't have to know the strengths and weaknesses of the Inquisitorial system, just the elements/ features of it. However, what you do need to know is features in the inquisitorial that could be applied into the Adversary system, to further improve it and why.
Camberwell Grammar School Class of 2011

ATAR: 98.65

2010: Chinese [33]
2011: English[44] Methods [41] Chemistry [42] Legal Studies [41] Viscom [48]
2012: Commerce/Law @ Monash University

cranberry

  • Victorian
  • Forum Obsessive
  • ***
  • Posts: 310
  • Respect: +5
Re: VCE Legal Studies Question Thread
« Reply #614 on: August 14, 2011, 04:48:24 pm »
0
judicial determination = adversary system of trial = the courts.

arbitration is a win/lose scenario, which has less formal procedure than courts, whereby both sides' arguments/evidence/witnesses are heard by the arbitrator who decides the winner.
Master of Civil Engineering and Bachelor of Science at the University of Melbourne

VCE:
2010: Revolutions [36]
2011: English 45, Legal Studies 38, Physics 37, Chemistry 34, Methods 36

94.85