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March 29, 2024, 02:33:19 am

Author Topic: VCE Legal Studies Question Thread  (Read 596281 times)  Share 

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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #990 on: September 17, 2013, 10:49:44 pm »
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I completely agree with the advice to find some kind of authority for the recommendation.

Just a note on the terminology, though - 'recent' doesn't go with 'recommendation'. The 'recent' changes are the ones that have already been implemented, while the 'recommendations' are the ones that haven't.
[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.
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M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #991 on: September 18, 2013, 03:47:56 pm »
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can anyone explain to me why 2012 vcaa exam q1a is "royal assent" not "proclaimation". isnt proclamation when the act is published in the Gazette? the stimulus clearly states that "act of parliament assented to..." implying it has been given royal assent and is being proclaimed and the notice appearsd in the Gazette.


the 2012 exam is here for your convenience (in answering my question):

http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/2012/2012legal-w.pdf

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #992 on: September 18, 2013, 04:30:31 pm »
+1
can anyone explain to me why 2012 vcaa exam q1a is "royal assent" not "proclaimation". isnt proclamation when the act is published in the Gazette? the stimulus clearly states that "act of parliament assented to..." implying it has been given royal assent and is being proclaimed and the notice appearsd in the Gazette.


the 2012 exam is here for your convenience (in answering my question):

http://www.vcaa.vic.edu.au/Documents/exams/legalstudies/2012/2012legal-w.pdf

Well, the question asks you to outline the stage that's mentioned within the extract. Royal assent is mentioned, therefore the answer is royal assent.

Edit: Yes, you're right that the stimulus is definitely implying that it is proclamation, but the actual notice itself isn't important in answering the question, they're asking for the stage that has been referred to within the notice.
« Last Edit: September 18, 2013, 04:37:37 pm by Floraison »

M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #993 on: September 18, 2013, 04:43:39 pm »
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Well, the question asks you to outline the stage that's mentioned within the extract. Royal assent is mentioned, therefore the answer is royal assent.

Edit: Yes, you're right that the stimulus is definitely implying that it is proclamation, but the actual notice itself isn't important in answering the question, they're asking for the stage that has been referred to within the notice.

Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #994 on: September 18, 2013, 05:29:00 pm »
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Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o
The stimulus is important, but it really comes down to the wording of the question.

M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #995 on: September 18, 2013, 08:50:47 pm »
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Thanks for the reply. Another quick question, is the High Court interpretation of the Constitution considered statutory interpretation? Is the Constitution considered a piece of 'statute'?

Eg. If you wanted to say statutory interpretation creates precedents, can you then use the HC's interpretation of the "external affairs" section as an example as statutory interpretation?
*EDIT: Also, what is the difference between "reforms" and "changes". There is none is there?
« Last Edit: September 18, 2013, 09:38:48 pm by M_BONG »

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #996 on: September 19, 2013, 12:34:12 pm »
+1
Thanks for the reply. Another quick question, is the High Court interpretation of the Constitution considered statutory interpretation? Is the Constitution considered a piece of 'statute'?

Eg. If you wanted to say statutory interpretation creates precedents, can you then use the HC's interpretation of the "external affairs" section as an example as statutory interpretation?
*EDIT: Also, what is the difference between "reforms" and "changes". There is none is there?

Yep, the Constitution is absolutely a statute - just, of the UK.

No difference whatsoever :)
[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.
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #997 on: September 19, 2013, 12:38:39 pm »
+3
Wow. This question is so stupid - we have always been told to "never disregard stimulus material". Now this question tells us not to take it into account? O_o

Just to clarify, you don't ignore the stimulus. Proclamation is specifically where the *date of commencement* is published (usually in the Gazette)... but EVERYTHING the GG does is published in the Gazette, so you can't assume that Gazette equals Proclamation. The key is, there's no date of commencement here.

Also, it does say which stage is "referred to" - and assent is the only one referenced.
[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!

DetteAmelie

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Re: VCE Legal Studies Question Thread
« Reply #998 on: September 20, 2013, 02:56:31 am »
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Just to clarify, you don't ignore the stimulus. Proclamation is specifically where the *date of commencement* is published (usually in the Gazette)... but EVERYTHING the GG does is published in the Gazette, so you can't assume that Gazette equals Proclamation. The key is, there's no date of commencement here.

Also, it does say which stage is "referred to" - and assent is the only one referenced.

But proclamation can occur without the specification of a commencement date, and if this does occur the act will generally come into effect 28 days after Royal Assent had been given to the bill.

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #999 on: September 20, 2013, 02:36:47 pm »
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But proclamation can occur without the specification of a commencement date, and if this does occur the act will generally come into effect 28 days after Royal Assent had been given to the bill.

We're getting into technicalities you don't need... but! Acts have been challenged on the grounds of proclamation being overlooked (there was one this year... off the top of my head... what was it???), but also - to the best of my knowledge - 'proclamation' refers to the publication of the commencement date. So, therefore, if no date is published and the act comes into force by default after the period of time stated in the acts interpretation legislation (usually 28 days), *technically* that wouldn't be proclamation... that sounds right, doesn't it? Commencement isn't exactly the same as proclamation. Proclamation is publication of commencement.
[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!

jeanweasley

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Re: VCE Legal Studies Question Thread
« Reply #1000 on: September 20, 2013, 03:04:58 pm »
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Megan, how did you get a 50 in Legal? How did you revise for it? Do you have any tips or tricks? :)
2014: BA @ Monash University
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meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #1001 on: September 20, 2013, 03:19:14 pm »
+2
Okay, it really was YEARS ago, and I'm actually not a great person to model oneself on. I have a good memory for detail so I've never needed to revise particularly, and I write very very quickly so I usually have time to put extra in and cover all bases. These are not things that apply to most people, and I realise I am simply very lucky in terms of what examination-style assessment measures. But, honestly, that's still kind of how I work it when I personally sit exams.

A lot of what I advise my students and in my lectures etc therefore comes from observing, teaching different students, tutoring, marking papers, etc. There are general skills that need to be developed - such as memory, structure, expression, analysis, etc - but the rest depends on the individual, including how much work they need to put in. Sorry I don't have anything more straightforward!
[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!

M_BONG

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Re: VCE Legal Studies Question Thread
« Reply #1002 on: September 22, 2013, 11:12:23 am »
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sorry megan, just to clarify: if there is no date given, we assume that the proclamation stage is skipped?

ie. are dates essential for proclamation?

meganrobyn

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Re: VCE Legal Studies Question Thread
« Reply #1003 on: September 22, 2013, 09:24:20 pm »
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sorry megan, just to clarify: if there is no date given, we assume that the proclamation stage is skipped?

ie. are dates essential for proclamation?

It's hard to guess exactly how it would be assessed in the Chief Assessor's marking guide, but to be safe if I were answering it I would basically just combine proclamation and commencement in the one stage - not worrying too much about the technical differences.
[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

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Re: VCE Legal Studies Question Thread
« Reply #1004 on: September 24, 2013, 12:12:02 pm »
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Are you guys planning on doing any practice exams these holidays or just revising and relaxing? I definitely wanna go over unit 3 again, but I don't know whether I should actually start practice exams yet or just wait until school starts, because I'll still have a good month left until the legal exam. So what are you guys doing/did you do?
Also, should I start with VCAA papers or other company papers?

Thanks!
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