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HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: elysepopplewell on January 28, 2016, 09:33:23 pm

Title: HSC Legal Studies Question Thread
Post by: elysepopplewell on January 28, 2016, 09:33:23 pm
HSC LEGAL STUDIES Q&A THREAD

To go straight to posts from 2018, click here.

What is this thread for?
If you have general questions about the HSC Legal Studies course or how to improve in certain areas, this is the place to ask! 👌


Who can/will answer questions?
Everyone is welcome to contribute; even if you're unsure of yourself, providing different perspectives is incredibly valuable.

Please don't be dissuaded by the fact that you haven't finished Year 12, or didn't score as highly as others, or your advice contradicts something else you've seen on this thread, or whatever; none of this disqualifies you from helping others. And if you're worried you do have some sort of misconception, put it out there and someone else can clarify and modify your understanding! 

There'll be a whole bunch of other high-scoring students with their own wealths of wisdom to share with you. So you may even get multiple answers from different people offering their insights - very cool.


To ask a question or make a post, you will first need an ATAR Notes account. You probably already have one, but if you don't, it takes about four seconds to sign up - and completely free!

OTHER LEGAL STUDIES RESOURCES

Original post.
Hello legal eagles!

I've made this thread as a discussion point for Legal Studies. I have hopes that this will work as an online, public Q&A. If you have a question and type it down below, I get an e-mail to say so and I hop online and do my best to help you out. Better yet? it becomes a community effort. I studied Family Law and World Order as my options so I couldn't go to specific detail in answering a question about consumers, for example. Not to fear, your peers can.

Everyone is welcome to ask questions on this thread, ask for advice or share an update on legislation that you have found.

If you feel more comfortable personal messaging me, definitely do that. However, I encourage you to comment on the forum so that your question is seen by someone with the same question - and you realise that you aren't alone and I don't have to type my response twice ;)

Legal Studies is no easy task. Legal requires a lot of work outside of the classroom. My plan is to take a lot of the leg work out of it for you by posting some awesome resources. In saying that, Jamon has posted some awesome guides already for you to check out:
Legal Studies: Guide to the Course!
Essay Evidence/Arguments: Young Offenders
Essay Evidence/Arguments: International Crime
Essay Evidence/Arguments: Crime (Part 2)
Essay Evidence/Arguments: Crime (Part 1)
How to Get a Band 6 in Legal Studies (by a State Ranker)

Jamon will also see and respond to your personal messages and will be present on this thread at times.
Ask away, legal eagles!
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: KarenCho on January 29, 2016, 12:15:39 am
Hey Elyse!  :)

I'm a Year 11 student studying the Preliminary Legal Studies course at the moment and I just wanted to ask - how would you recommend studying to build up a good foundation of knowledge in Year 11 that would help for the HSC? Perhaps something you wish you did earlier on?

Thanks!!
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on January 29, 2016, 03:11:05 pm
Hey Karen!

This is a really good question and I've been asked it before, so I'm really glad you've posted it here so that I can respond in a way that lots of people can see.

Basically, the preliminary course is built to give you the foundations of the legal system. Some parts of the syllabus for preliminary exist because without studying it, you would have a gap of knowledge, even if it isn't something you will be tested on in the HSC. Other parts of the syllabus are there because you absolutely need to know certain things for the HSC course.

I've got the syllabus in front of me so I'm going to kind of scroll through and point out parts to you that I would make special note of - perhaps putting your study notes for this in a separate folder, or putting a star at the top of the page, or something to signify that these notes are likely to be used in the HSC.

Basic Legal Concepts: You need to know this all pretty well back to front. The reason being, you need to UNDERSTAND this more than you need to memorise this. Ideas about values, ethics, fairness, equality, rule of law, etc, will be the basis of many of your legal arguments in HSC essays.
Sources of Contemporary Law: I would definitely take serious note of this part. PARTICULARLY the division of powers and the separation of powers. You will be doing yourself an enormous favour by getting your head around it in year 11, because it comes back up in HSC and people are still confused by this concept.
Classification on Law: This part of the syllabus is kind of existing as a "filling the gap in your knowledge" kind of thing, and probably won't be deeply relevant to the HSC course. In saying that, I don't recommend skimming over anything, because legal studies has merit beyond the HSC, and this part of the syllabus is relevant for life.
Law Reform: Definitely pay really good attention to this part. In your notes, build up this section as much as possible. Include as much law reform as you can - and find law reform that really interests you! Law Reform is a key theme/challenge in the HSC syllabus, so give yourself a head start here!

The Individual and the Law Topic: This is a great topic because it brings you into the system, and it is no longer just words on a page. Enjoy this topic.

Law in Practice: I hope you find the topic that you choose to study to be really interesting. Personally, I studied Women and loved it. This is an important part of the syllabus because it gives you the opportunity to step up and say "hey, this is really interesting, legal studies is actually super duper relevant."

Enough syllabus waffle now! About study notes: Give it a good go! Preliminary is here so that you can play around with how you like to study. Find out if making study notes on palm cards works, or if you need to make timelines, or graphic organisers, or simply a word document! Make the notes as detailed as you can with contemporary cases. If you need to cut back on content, but it is committed to your understanding rather than memory, that's cool. Reciting words won't help you in legal, when your competitors are showing a thorough understanding of notions. The best part of the syllabus for doing your own exciting research is in the Law Reform topic.

Basically, Preliminary is a time for you to give it your best shot and find out what works for you. The fact that you are on this website asking questions says to me that you are super keen, and that is the key to succeeding in year 11. You need to go into the course like a sponge and be ready to take in as much as you can.

Deep down, I feel like you could do the legal studies HSC course without having done preliminary. But it would be, really, really, really, really hard. You build so many great legal skills in preliminary that you just wouldn't have the time to develop if you only did the HSC course. Preliminary is a time of trial and error. You'll do great! Let me know if you have any more questions :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: KarenCho on January 29, 2016, 06:11:23 pm
Hey Elyse!!

Thank you so much :)
This really helped and I feel a lot better about approaching this subject despite all the mess of papers that will undoubtedly appear soon. We only just started the course today, so not many questions just yet, but I'm sure there will be questions to come as we get further in so I'll definitely keep this forum page bookmarked. Thanks heaps!
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: simrankaur on January 30, 2016, 03:20:46 am
Hi Elyse! I was wondering for your HSC exams did you memorise paragraphs on each dotpoint under sections with case studies, articles and statistics? If not, how did you prepare yourself for the extended response questions?
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on January 30, 2016, 12:20:29 pm
Hi Elyse! I was wondering for your HSC exams did you memorise paragraphs on each dotpoint under sections with case studies, articles and statistics? If not, how did you prepare yourself for the extended response questions?

Hi simrankaur! I'm sure Elyse will be along to lend her two cents before too long, but I thought I'd share my advice. I highly recommend NOT memorising paragraphs for every possible question for every dot point. It promotes rote learning rather than actually understanding and engaging with the question. However, the fact that you are mentioning case studies, articles and stuff is super awesome! You absolutely should have a massive bank of these.

My advice is to have a list of evidence, organised in to sections, which you can draw on for any question from that section. Rather than knowing the paragraph, you'll know the evidence you can use in the paragraph, which is much more versatile and results in more effective responses. Then, just start practicing! That is the absolute best way to prepare, practice makes perfect after all. And in practicing, you'll then have rough memory of different arguments you can make if you get the same question, bonus!  ;D

So in summary, don't expend energy memorising paragraphs, instead focus on building a really versatile set of cases, laws, reports, law reforms, etc etc, which could be used to respond to absolutely any question, then practice practice practice! If you needed some ideas of laws, cases, and other awesome evidence, I wrote some cool summaries for the Crime topic a little while ago which may be worth a read, I'll link them again here for you, and there will be more content for the Human Rights and Elective topics inbound:

Legal Studies: Guide to the Course!

Thanks heaps for the question, keep them coming everyone! For every person who asks a question, there is another 100 waiting for someone to ask it, we are happy to help!  :D
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: CatherineN on February 06, 2016, 11:37:31 pm
Hey Elyse!

It was recommended for me to refer to less biased sources such as the ABC. However, my references may become saturated. Would it be better to just have a wide variety?

Thanks, Cat  :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on February 07, 2016, 11:43:22 am
Hey Elyse!

It was recommended for me to refer to less biased sources such as the ABC. However, my references may become saturated. Would it be better to just have a wide variety?

Thanks, Cat  :)

Ha! Your question makes me happy because I was advised similarly. So basically, you may realise when you read certain publications that their have an agenda they are pushing. Exhibit A.
Now, who each publication wants to be prime minister doesn't really affect us as legal students. What we do care about it is finding legal truths. We want to see: Human rights breaches with Offshore Detention, for example. The ABC provides GREAT resources for legal studies. Really good stuff. SBS has some awesome specials too.

For case studies/crime related stuff, you will find each news company will give similar resources. So by all means, use a variety but pick your favourite articles, not your favourite publications for this part.

It only comes to the more political stuff like human rights or world order when the publication that you refer to counts. The Telegraph won't give you the same report as what the Herald does when you're talking about how the government is dealing with terrorism, asylum seekers, wars, etc. You need to pick and choose your sources here. For this part, I find that the Herald provides better information, just like the ABC.

In an exam, you wouldn't be marked down for referencing a certain publication or having all of your media articles come from the one publication. I can safely say I never referenced the Telegraph once but I referenced ABC, SMH and SBS constantly.

So your question is super valuable. For the stuff that is topical in the news, it's all very controversial, you might have to have a good look for some legal truths when you take away all of the propaganda!

For the recent crimes, cases, etc, you should be able to find things unbiased fairly easily :)

Also, don't forget that what you've already begun doing is analysing the media. The media is a non-legal response and you will be asked to talk about this in nearly all of your topics. So this is awesome! Remember, most/every media publication has an agenda of their own.

As a legal student, you're just here to pick the good stuff from the crappy stuff :P
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: CatherineN on February 07, 2016, 12:23:51 pm
Ha! Your question makes me happy because I was advised similarly. So basically, you may realise when you read certain publications that their have an agenda they are pushing. Exhibit A .

Now, who each publication wants to be prime minister doesn't really affect us as legal students. What we do care about it is finding legal truths. We want to see: Human rights breaches with Offshore Detention, for example. The ABC provides GREAT resources for legal studies. Really good stuff. SBS has some awesome specials too.

For case studies/crime related stuff, you will find each news company will give similar resources. So by all means, use a variety but pick your favourite articles, not your favourite publications for this part.

It only comes to the more political stuff like human rights or world order when the publication that you refer to counts. The Telegraph won't give you the same report as what the Herald does when you're talking about how the government is dealing with terrorism, asylum seekers, wars, etc. You need to pick and choose your sources here. For this part, I find that the Herald provides better information, just like the ABC.

In an exam, you wouldn't be marked down for referencing a certain publication or having all of your media articles come from the one publication. I can safely say I never referenced the Telegraph once but I referenced ABC, SMH and SBS constantly.

So your question is super valuable. For the stuff that is topical in the news, it's all very controversial, you might have to have a good look for some legal truths when you take away all of the propaganda!

For the recent crimes, cases, etc, you should be able to find things unbiased fairly easily :)

Also, don't forget that what you've already begun doing is analysing the media. The media is a non-legal response and you will be asked to talk about this in nearly all of your topics. So this is awesome! Remember, most/every media publication has an agenda of their own.

As a legal student, you're just here to pick the good stuff from the crappy stuff :P

This sure clears a lot up for me. Thank you!!!!!

Cat
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: Celeriac on February 11, 2016, 11:12:26 pm
Hi Elyse!

This question might be a bit subjective since the answer would differ for everybody but how long (roughly) do you think summary notes should be? At what point do you think it would become too much?

Thank you!
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on February 12, 2016, 09:26:43 am
Hi Elyse!

This question might be a bit subjective since the answer would differ for everybody but how long (roughly) do you think summary notes should be? At what point do you think it would become too much?

Thank you!

Hey Celeriac!
You're right - this does differ for everyone.
Personally, my study notes went like this:

First time learning the topic - copious notes, pages and pages of word documents, full to the brim. Everything I was learning was going into these notes. I also included media articles and legislation in there. This kind of became my own version of the textbook.

Coming up to half yearlies - I summarised everything on palm cards in the 2/3 weeks leading up to the exam. Everything for Crime was on there. However I had very concise human rights notes so they just stayed on A4 haha.

Coming up to trials - Past papers on top of past papers. I also wrote out repeatedly everything that I hadn't committed to memory yet, all of the things I struggled with. At this point, my electives were Family Law and World Order, so I made a set of those notes on palm cards too.

Coming up to HSC exams - A4 lined paper, using coloured gel pens, I wrote out absolutely every single thing I needed to know. I took out my original notes and worked out what I did and didn't need, and just wrote out what I needed to know. You don't originally have a good understanding of what you do and don't need because you aren't exposed to the types of questions as much early on. So as you progress, you only then get an understanding of what you do and don't need!

So, I wrote a Crime and Human Rights summary (available in the "shop" tab up the top) that is about 95 pages. This included diagrams though. If you are just doing plain writing, it could be less. And I had everything in there, media, case studies, tips for exams, etc. So I would say if you really condense your work, you could sit on a very comprehensive study at about 50 pages (typed).

However, all of this is irrelevant if you prefer to study from palm cards :)

So, you are so right in saying that it is different for everyone haha! It's also difficult to know what you do need so early on. As you progress in the course, you'll realise what needs to stay and what can go :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: mikaela.luckman on February 14, 2016, 03:49:33 pm
Hello! I don't understand why "Environmental Rights" are universal.

Any help would be much appreciated! :)

Thank you x
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: Jemimared on February 14, 2016, 04:26:50 pm
Hi Elyse! How does the law encourage cooperation to achieve justice for parties involved in relationship breakdown?
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on February 14, 2016, 11:22:02 pm
Hello! I don't understand why "Environmental Rights" are universal.

Any help would be much appreciated! :)

Thank you x

Hi Mikaela! Very good question on a part of the syllabus that is very often not given quite the level of detail it deserves.

Human rights have been recognised periodically, and in this course, we recognise three "waves" of human rights which have been integrated into international law since the inception of the UN in 1945, but have been "around" since the very first document which recognised fundamental rights to every person, the Magna Carta.

So, these three waves are:

So, the first two of these rights were recognised in 1948. The third wave is current, recognised quite recently and ongoing. The reason we call them universal is because they are different to the others, in that they apply to societies/groups rather than individuals, and further, that they are steered by the actions of everyone, not just the state. In this way, they are universal.

Environmental rights are big part of these universal rights. It is now the international "consensus", if you will, that a clean environment is a right of the international community. It is considered a universal right, because it is the right of a group, and it is influenced by the actions of every individual, not just states and governments.

I hope this helps! Awesome question  ;D



Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on February 14, 2016, 11:54:30 pm
Hi Elyse! How does the law encourage cooperation to achieve justice for parties involved in relationship breakdown?

Hi Jemimared! I'll field this one for Elyse if you like. This is a huge question (more specifically, an essay question!) and I won't be writing an entire essay on it for you here. What I'll do instead is give you a quick breakdown of what sort of things can be discussed.

This question focuses on the "Problems in Family Relationships" part of the syllabus. This encompasses:

and the role of the Courts, Dispute Resolution, NGO's, and the Media, in these matters. Already we can see that this is a huge topic area, though the "cooperation" aspect of the question rules out Domestic Violence for the most part. We want aspects of the legal system that encourage cooperation between the involved parties, so there is a few things we can include.

A big thing to discuss would be the divorce process, which definitely encourages cooperation. Divorce cannot be obtained without proof that the relationship is damaged beyond repair, and in newer marriages, it is compulsory to try counselling. There is also the idea of no fault divorce, that no one is to blame for relationship breakdown. All of this stuff is contained in the Family Law Act 1975.

You can talk about matters relating to Children, how parents are encouraged to create their own custody plans. That both parents remain responsible for the upbringing of the child (that's in the FL (Shared Responsibility) Amendment Act of 2006). This and lots more to discuss here.

Dispute resolution definitely deserves a mention, especially since the most recent amendment to the Family Law Act in 2011, which expanded the process to more effectively deal with Domestic Violence. Mediation, since this amendment, has now been proven extremely effective in repairing relationships (or at least making the divorce process more beneficial to both parties). Besides this, discuss parenting orders, primary dispute resolution methods, and Child Support Reforms.

Hope this breakdown does a little to answer your question! There is literally pages worth of discussion to be had here, but hopefully this summary sets you in the right direction. Was there anything in here you needed a little more detail on? If you narrow the question either Elyse or myself can go into it a little more  ;D
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: mikaela.luckman on February 15, 2016, 10:06:04 pm
Thank you so much. Really helps.
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: mikaela.luckman on February 15, 2016, 10:26:48 pm
Hey I would love some advice.
I still have 12 units and It has been recommended that I drop 2 units and have 10 units.
I am contemplating dropping PE or Legal. I love legal but have never done well in the subject. I absolutely hate PE and it is boring but seem to do better in it then PE, so I am very conflicted. Any advice would be awesome :) Thanks...x
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on February 16, 2016, 12:22:39 am
Hey I would love some advice.
I still have 12 units and It has been recommended that I drop 2 units and have 10 units.
I am contemplating dropping PE or Legal. I love legal but have never done well in the subject. I absolutely hate PE and it is boring but seem to do better in it then PE, so I am very conflicted. Any advice would be awesome :) Thanks...x

Hey Mikaela!

This seems like an interesting piece of advice. Before you act on the advice you were given, I'd consider it carefully. Do you really want to lose a subject? Having extra units has lots of benefits, most obvious of which is the fact that it offers an extra chance to improve your end result. Don't drop one unless you are seriously, definitely struggling with the workload. Even if your results aren't quite where you want them to be, unless you are stressed with the amount of work you have (as in, you are using the maximum amount of time you can spent on homework a week and not getting everything done), don't drop a subject. It isn't necessarily a solution.

All this said, let's say you are dropping. Your quote:

I love legal... I absolutely hate PE and it is boring...

This should be your decision done in my opinion. Results will ultimately tend towards what you enjoy; if you love Legal and work hard, your results will improve and you will do well. If you drop Legal, then not only have you lost a subject you love, you then have more pressure to perform in a subject you hate...  Gross  :P

I don't know everything about your situation, so you should ultimately make the call, but I think to go with the subject you love. Your results and sanity will thank me. Sure, your results may not be stellar, but that can be worked on with time. You can train yourself and improve in a subject, but you can't force yourself to enjoy it  :)



Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on February 18, 2016, 10:58:54 am
Hello! I don't understand why "Environmental Rights" are universal.

Any help would be much appreciated! :)

Thank you x

Hey Mikaela!
Jamon's response has got you covered. I will add though: when you are making your notes for Environmental Rights, make sure you take note of what has been happening in the news lately: The UN Climate Change Conference in Paris at the end of 2015. Fiji just became the first country to ratify the outcomes of the conference! It needs 55 signatories to take effect, but experts have confidence it will pass and this will be another thing to add to your notes. So keep your eyes peeled for more stuff like this :)

Also, remember, that Environmental Rights don't just belong to the current generation but also the future generations. Each human has a right to live in an environment that is thriving. If the environment is severely damaged, it will impact our health, and consequently our right to life. Do you see the chain effect? There is even a very complicated debate about whether we are breaching the human rights of people not yet born because we are failing to take care of the environment as is!

Happy studies :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: mikaela.luckman on February 21, 2016, 02:01:14 pm
Hey guys... I want to say thank you, I really appreciate the help you have given me through this online tutoring, the feed back is great and you are all so kind :)

I'm having trouble with the past 2015 HSC Crime extended response question , "How effective are domestic and international measures in dealing with International Crime?"

A few pointers would be much appreciated.

Thanks guys :) x
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on February 21, 2016, 05:24:22 pm
Hey guys... I want to say thank you, I really appreciate the help you have given me through this online tutoring, the feed back is great and you are all so kind :)

I'm having trouble with the past 2015 HSC Crime extended response question , "How effective are domestic and international measures in dealing with International Crime?"

A few pointers would be much appreciated.

Thanks guys :) x

Hi again Mikaela! Thank you for your kind words, glad to know we are helping out in some small way  ;D

This was my HSC Trial Question (funnily enough, I correctly predicted it to be the HSC 2015 question as well), and I got full marks for the essay, so I know the question fairly well. Let's break it down a little:

How effective: You need to be making an overall judgement. Good, bad, ugly, anywhere in between. This should be integrated into your Thesis somehow.

Domestic and International Measures: Gives you your points to discuss, you need to cover both domestic and international responses (don't just do the United Nations, be broader!)

Dealing with International Crime: Specifies the topic area from the syllabus.

So, we need an essay that takes some of the domestic and international measures (from the International Crime section of the syllabus), and makes a judgement as to how good/bad they are, based on whatever evidence you would like to include.

There are some things you should definitely talk about, like the United Nations, the International Criminal Court, and Australian laws which deal with International Crimes. However, you can expand it to talk about the UNSC and General Assembly specifically, other intergovernmental organisations, extradition, and even bring in NGO's (though don't go into great depth with them). Also remember that International Crime covers both Crimes Against Humanity (genocide, people trafficking, etc), and transnational crimes (drug trafficking, piracy, etc).

As always, remember to include your LCMTR (Laws, Cases, Media, Treaties, Reports), and any other evidence which supports your argument. Make sure the argument is sophisticated, and threaded throughout your entire response. Be organised with your ideas, and don't waste time explaining concepts/describing laws in great detail. All your words should be on analysis/evaluation.

I hope these pointers help put you on the right track!  ;D
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: myer.w on February 28, 2016, 11:37:19 am
Hi!
I'm currently trying to do an assessment on the limitations of free speech, both domestic and international responses. If you had any legal and non-legal information to help me with an overview it would be great!
Thanks in advance  :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: atar27 on February 28, 2016, 05:55:32 pm
HEY!
I have my half yearly exams coming up and we were told that the essay will be on young offenders.
I picked this question and I am not quite sure how to approach it...
Assess the effectiveness of the criminal justice system when dealing with young offenders

Any help will be much appreciated
THANK YOU :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on February 28, 2016, 06:51:42 pm
Hi!
I'm currently trying to do an assessment on the limitations of free speech, both domestic and international responses. If you had any legal and non-legal information to help me with an overview it would be great!
Thanks in advance  :)

Hi myer.w! This is a really interesting topic which I'm assuming relates to the Human Rights part of the course. I've never had to do an essay on this personally, so I don't have too much to offer, however:

Freedom of speech, basically, is the idea that an individual cannot be persecuted for what they choose to communicate. There are exceptions, such as if the information compromises national security, or is slanderous, among other reasons. In terms of what to discuss as legal responses, your focus should be on the ICCPR and its related committees and bodies, since this is the main piece of international law which protects political rights such as the Freedom of Speech. Domestically, you would be looking at cases primarily, though you may also choose to take a look a laws such as the Freedom of Information Act. There is also a good case worth researching, the Lange v ABC High Court case, which concerned the Freedom of Political Communication, which relates directly to this topic.

Non Legal is a little trickier. I would be researching politically motivated companies (Wikileaks could be an example) to see if any have been involved in protecting/violating the notion of Freedom of Speech. As I said, I never did an essay on this (nor would you have to in the HSC Exam), so I can only offer the most basic of information from the Human Rights topic.

Hopefully this is a good starting point for your research! If anyone else had more, please share! And feel free to come back to us with what you find and I can advise if it all constitutes a solid bank of evidence for an essay  ;D
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on February 28, 2016, 07:18:41 pm
HEY!
I have my half yearly exams coming up and we were told that the essay will be on young offenders.
I picked this question and I am not quite sure how to approach it...
Assess the effectiveness of the criminal justice system when dealing with young offenders

Any help will be much appreciated
THANK YOU :)

Hi atar27! This is a stock standard essay question, it's been asked as a HSC question before, so it is really great you want to tackle it!

Obviously, this essay will focus on the Young Offenders section of the syllabus. You should be covering things like:
Among others.

To start, try brainstorming LCMTR (Laws, Cases, Media, Treaties, Reports) around the key areas in your syllabus, focusing on how they show the legal system do a good or a bad job at dealing with young offenders. From there, put some work into developing your thesis (I have a guide for this) to link all of these ideas together into a cohesive argument. This should get you started on the way to developing a killer essay plan.

If you had some more specific concerns, please let me know. Further, once you've done a bit of work, I'd love to give you some feedback on your essay, just jump over to the essay marking thread  ;D good luck!
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: atar27 on February 28, 2016, 08:16:35 pm
THANK YOU :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on February 29, 2016, 11:03:13 am
THANK YOU :)

Everything Jamon said is spot on, but also consider the age of criminal responsibility in Australia but also on an International level. Australia's doli incapax is conclusive presumption until age 10. The UN suggests that the minimum age of conclusive doli incapax should be age 12! So you could say, according to international standards and suggestions, Australia is being ineffective. You can also compare Australia to other countries. In Italy, Spain and Russia, doli incapax covers up until 14. In Zimbabwe, Singapore and Tonga, it is only 7. So when you make comparisons, you can decide how effective Australia is. The UN's suggestion of 12 is a very good place to start when you are assessing the effectiveness. There are heaps of online articles about doli incapax and the age of criminal responsibility - so this is a great place for you to pick up some media articles to slip into your work!


Here are some statistics that I presented in the legal studies lecture earlier in the year that might help inform your understanding a bit more:
Statistics provided by Juvenile Justice NSW Annual Report Summary: 2013-2014.

315 is the average number of juveniles in custody on any given day.
24 is the average number of juvenile females in custody on any given day and 291 males.
4641 community based orders commenced 2013-2014.
16,799 hours of community service allocated to young people in total.
1582 referrals to a youth justice conference.
In 2013, 8 juveniles in custody completed their HSC
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: bridgetb1008 on March 03, 2016, 10:37:03 pm
Hey guys!

I was just wondering if you had any tips for becoming more effective at finding cases online?? For example I was looking the other day for an example of a case that involved mitigating factors and it took me forever to find one (and I feel like it shouldn't be such a hard thing!). Any advice about that would be amazing!!!!  :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on March 04, 2016, 09:22:30 am
Hey guys!

I was just wondering if you had any tips for becoming more effective at finding cases online?? For example I was looking the other day for an example of a case that involved mitigating factors and it took me forever to find one (and I feel like it shouldn't be such a hard thing!). Any advice about that would be amazing!!!!  :)

Hey there!
You aren't the only one curious about this question, I'm positive that there are LOTS of students wanting to know the same thing.
First of all, it pays to know high profile cases and what is happening in the media. If you use Facebook, you need to like a bunch of news pages to help you out. Try: Pedestrian.tv, Sydney Morning Herald and The Guardian. This is important because even without reading the articles, the headlines give you a really good update on what's happening for very little work. However, obviously maximum effectiveness comes from reading the article. Either, you share the articles to your page on the privacy settings "only me" or you create a group with your legal class and post media articles in there and create a collection.

The reason is, the media will tell you the biggest most important cases. Then, if you want to dig deeper, you just start googling around once you have the name of the case.

I know this works, for the reason that if you asked me for a case with mitigating factors, I can easily think of the Kristi Abrahams case. I can think of it because it was so heavily in the news, so I made a mental note of it for all kinds of legal reasons.

Another great place to start when looking for cases is the Guides section on the state library website. A quick google search takes me right here: http://guides.sl.nsw.gov.au/content.php?pid=242811&sid=4001783 (Kristi Abraham's case summary, media and court documents). The state library website is really excellent for finding cases because you can categorise them by legal themes.

To sum that up: Follow the news, keep a stash of articles, use guides.sl. Hopefully this helps you out! :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: chuckiecheese on March 05, 2016, 08:17:48 pm
How do I go about responding to the human rights short answer question? For example, "how are is ONE human right best protected in Australia..."

Cheers
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on March 06, 2016, 01:08:02 pm
How do I go about responding to the human rights short answer question? For example, "How are is ONE human right best protected in Australia..."

Cheers

Hey chuckiecheese! Awesome question, and quite a broad one, I'll answer it the best way I can and feel free to follow up with me if it's confusing  ;D

So, your Trial and HSC Exam (and any others will be similar) will have 15 marks of Human Rights Short Answer Questions. So, you won't get just one, you will get a variety of questions.

The questions worth lower marks are a little easier, because the questions are quite narrow. For example: Identify two non-governmental organisations that assist with the promotion of human rights. They have a very specific focus and thus are a little easier to answer, since you are directed.

The more difficult questions (and the ones you are probably more concerned about) are the more open ended questions. For example, your question, How is ONE human right best protected in Australia. These are tricky because you aren't given a direct path to go down, you more or less form your own ideas. And this is tough.

My advice for these sorts of question is to respond with a PEEL/MATES paragraph, just like you would use in the body of your essay.

Start with a topic sentence, addressing the question and giving your judgement (if it is necessary, and often, it is nice to blend one in anyway). In the case of your question, you'll obviously identify which area you are addressing. Follow it up with an amplification statement giving a little more info.

Human rights, such as the right to freedom of movement, although enshrined in international law, are most effectively handled by domestic jurisdictions. Indeed, in Australia, the right to freedom of movement is most effectively protected by domestic legislation and judicial decisions.

Follow this up with your actual response to the question, supported by examples. How is the human right protected in Australia? Be sure to include laws and cases at bare minimum, and even media/reports if you can. You could write sentences like:

The Criminal Code (Trafficking in Persons Offences) Amendment Act 2005 (Cth), enables offences which infringe on this fundamental right to be prosecuted at the federal level. Such has occurred in cases such as R v Ho et al (2012), where state superior courts have successfully applied domestic legislation to handle people trafficking offences.

Once you have exhausted your evidence (or run out of room), simply conclude with something like:

Thus, it is clear that domestic legislation, judicial decisions, and other legal mechanisms prove vital to the protection of human rights such as the right to freedom of movement.

This PEEL approach is systematic, and guarantees a well structured response. Just be careful to address the question, and also to address the specific verb. I always throw in a little evaluation, but be sure that if you need to evaluate, you evaluate. If you only need to describe, just describe. Make the separation between high order response (analyse, synthesise, evaluate, explain) and low order response (identify, list, describe). It will save you lots of time  :D
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: 16ebond on March 07, 2016, 06:55:01 pm
Hey
So I was just wondering how I would write an essay on this question?

Evaluate the effectiveness of the criminal justice system in dealing with young offenders in respect the two issues.

Thanks so much

Em  :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: elysepopplewell on March 07, 2016, 07:37:47 pm
Hey
So I was just wondering how I would write an essay on this question?

Evaluate the effectiveness of the criminal justice system in dealing with young offenders in respect the two issues.

Thanks so much

Em  :)

Hey Em!
There are sooo many ways that you can answer this. I would take a scaffold like this and work with it:

Introduction:
-Sentence addressing the question. INCLUDING your evaluation.
-Sentence describing a brief history of Y.O and the importance of the CJS responding to them.
-The main legislation that you will be referring to.
-The main issues that you will discuss.

Body paragraphs should be broken up into the issues to be discussed.
Try these issues: The age of Criminal Responsibility, the diversionary programs available, the rights of young children when questioned or detained or the Children's Court.

The paragraph structure might be like this:

-Introduction of the issue being discussed and statement on the effectiveness.
-Describe the features of the issue.
-Provide evidence for or against.
-Use cases, definitely mention legislation. (Cases for Y.O. are hard to come across, so don't hold back from using statistics in their place)
-Continually evaluate the effectiveness.

If you are referring to the Age of Criminal Responsibility, look into where Australia stands against other countries and what the UN suggests.

Because there are few cases available for your discussion, make sure you load your response with media and statistics :)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: Henandez on March 10, 2016, 10:05:30 pm
‘Juries should not be given the responsibility of deciding complicated criminal cases. That's the essay question and we are to write 600 to 1000 words about our viewpoint and stand, and I am really not sure where to start could you please help!...(Jean-Pierre)
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: jamonwindeyer on March 10, 2016, 11:29:03 pm
‘Juries should not be given the responsibility of deciding complicated criminal cases. That's the essay question and we are to write 600 to 1000 words about our viewpoint and stand, and I am really not sure where to start could you please help!...(Jean-Pierre)

Hey Hernandez! A loaded question there, and quite common at the moment, quite a few students have this question popping up.

So, in English, this question is asking you to evaluate the effectiveness of juries in the criminal trial system. Are they good, are they bad, are they ugly, and why you think this is the case. Specifically, it is alluding to the fact that, although juries are given the responsibility of determining the verdict in a criminal trial, they possess little to no actual legal knowledge. This has been a source for contention for ages, and the argument is basically:

Juries represent contemporary communal values and so will assist in achieving just outcomes for modern societies.

versus

The lack of legal knowledge possessed by jurors may lead to wrongful convictions/acquittals and thus prevent the passage of justice.

You need to decide where you stand on this before doing anything else. Some reading can help.

To start, try doing a bit of research. Read into the 'Juries' part of your textbook, google some legislation, keep an eye peeled for media articles and cases to back up your argument. Then, based on your research, you need to form what is called a Thesis. I have a whole bunch of tips on this!

That would be the best way to start. Come up with a cool Thesis argument (hopefully some of my tips in that linked post can help you), and research laws, cases, reports, media articles, anything you can to back it up  ;D
Title: Re: Legal Studies Question Thread
Post by: Beata.Lobo on March 18, 2016, 05:18:26 pm
Hi Elyse,

I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?

Thank you.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 18, 2016, 10:05:56 pm
Hi Elyse,

I was wondering how do you incorporate LCMS (Legislation, Case Law, Media Reports and Statistics) into legal studies essays?

Thank you.

Hey Beata.Lobo! There is really no easy answer to that question. I think it totally depends on the essay your are writing.

Basically, you should use LCMS (my version is LCMTR, Laws, Cases, Media, Treaties, Reports, but same thing)[/b] to prove the points you make in your essay. Some examples:

==========
The three-tier warning system contained within the Young Offender's Act 1997 (NSW) is an effective mechanism for achieving justice for young offenders, as the legal system has clearly adapted a more rehabilitative approach to juvenile crime.

The partial defence of provocation is often criticised as neglecting retribution for victims, perhaps exemplified most acutely by the case of R v Signh (2012). A charge of manslaughter by way of provocation lead to a prison term of just 6 years, viewed by many as grossly inadequate given the serious nature of the "ferocious attack" ('Six Years for Killing Sparks Law Review', SMH 2012).
==========

What you'll see here is that the laws/cases/media are just a natural part of the argument. I want to talk about how the legal system encourages rehabilitation, and my example is the law. I want to talk about how some defences take away the rights of the victim to retribution, and the example is the case (and I use the media article to show public opinion).

In general:

- Laws/Treaties are effective to show the legal response to an issue.
- Cases are effective to show how laws are interpreted in contemporary scenarios. Sure, the laws are effective in theory, but are they being applied correctly by judiciaries?
- Media Articles are effective to show public opinion
- Reports/Statistics are good to support any points and show depth of knowledge. They are a nice way to build sophistication of your argument.

I hope this little run down helps! I personally had heaps of trouble putting media into my essays, then someone explained to me the idea that media articles represent public opinion, and I was all set. I hope something here creates that "Eureka" moment for you  ;D
Title: Re: Legal Studies Question Thread
Post by: zeinabalaouie on March 20, 2016, 09:32:43 am
I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 20, 2016, 10:29:31 am
I have to write an essay on police discretion, I understand the meaning of discretion within the legal system and the concepts of it, but one thing I can't seem to find is the legislation that gives police such powers!! do you have any idea which legislation goves police the right to discretion????

Hey there! Very interesting essay question, quite specific that they would make it particularly about police discretion. The legislation that you are looking for is LEPRA 2002 - Law Enforcement (Powers and Responsibilities) Act 2002. Discretion is implied throughout the act, but you can use this break down here: http://www.austlii.edu.au/au/legis/nsw/consol_act/leara2002451/ to have a close look. Have a look at Part 4 specifically - without using the word discretion directly, this specifically gives Law Enforcement the ability to make judgements without a warrant for the greater good. Hopefully this helps! :)
Title: Re: Legal Studies Question Thread
Post by: Nicki on March 20, 2016, 09:19:53 pm
Hi!

this might be a stupid question but i have a legal studies test on human rights, just multiple choice and short answer, but i was just wondering what do you reckon is the most effective way to remember the content?? I'm using the legal book from atar notes (which is amazing) along with my class notes and just reading and saying the content out loud, i am starting to remember stuff but just for trials and hsc what do you recommend to ensure i know most of it so i don't get stuck at a question?

thank you  :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 21, 2016, 02:22:16 pm
Hi!

this might be a stupid question but i have a legal studies test on human rights, just multiple choice and short answer, but i was just wondering what do you reckon is the most effective way to remember the content?? I'm using the legal book from atar notes (which is amazing) along with my class notes and just reading and saying the content out loud, i am starting to remember stuff but just for trials and hsc what do you recommend to ensure i know most of it so i don't get stuck at a question?

thank you  :)

Hey Nicki! There are no stupid questions  :D

Okay, so the test you are doing has no essay, meaning primarily it is testing content knowledge! So how do you get all of that content in your head? I am glad to hear that you are loving the ATAR Notes Legal Notes, because it is a great start.

To memorise the content, and specifically to your question, to make sure you have memorised all of it,  my best advice would be to use the syllabus. It is literally a list of everything you could possibly be asked!

What I would do is sit down with the syllabus, and write out a dot point. Then, I would literally brainstorm as much content as I could remember in black pen. Just dot points, no sentences or anything like that. Literally content splurge onto the page. Once you've done everything you can, go back to your summary/ATAR Notes Book/class notes, and add everything you had forgotten in a different colour. The stuff in a different colour is what you still need to memorise, and you can do this in a variety of ways. Flash cards, posters, summary sheets, recordings, practice questions, etc etc.

Once you know what you need to memorise, it really comes down to how you learn. Visual? Use a poster. Aural? Record yourself saying the laws and listen to it. Whatever style you are, do lots of practice!

Everybody is different when it comes to the best way to study, but everyone works from the same syllabus. Make sure you use that syllabus as your check list  ;D

Title: Re: Legal Studies Question Thread
Post by: eggsalad on March 25, 2016, 04:53:52 pm
hi there, i know this is a bit of a silly question but my textbook was talking about ratification as 'the process of a state formally approving a treaty, making it legally binding'.
i thought ratification was creating provisions of international treaties etc. into binding domestic law?
it was in regards to monist and dualist systems, and it says 'This means [a dualist society] that signing a treaty does not make it enforceable in Australian law', but then then later said, 'Australia ratified the Rome Statute in 2002' and then talks about how it doesn't mean that it is included as domestic law until legislation is passed it enact it?

it later defines 'incorporation' as the process by which a country enacts a treaty into domestic law?

i'm a little confused with how the two (ratification + incorporation) actually work, and if ratification is the process of actually making international shenanigans into domestic law, or if it's just a government being like 'yeah this is a real groovy treaty, we dig it'?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 25, 2016, 06:48:06 pm
hi there, i know this is a bit of a silly question but my textbook was talking about ratification as 'the process of a state formally approving a treaty, making it legally binding'.
i thought ratification was creating provisions of international treaties etc. into binding domestic law?
it was in regards to monist and dualist systems, and it says 'This means [a dualist society] that signing a treaty does not make it enforceable in Australian law', but then then later said, 'Australia ratified the Rome Statute in 2002' and then talks about how it doesn't mean that it is included as domestic law until legislation is passed it enact it?

it later defines 'incorporation' as the process by which a country enacts a treaty into domestic law?

i'm a little confused with how the two (ratification + incorporation) actually work, and if ratification is the process of actually making international shenanigans into domestic law, or if it's just a government being like 'yeah this is a real groovy treaty, we dig it'?

Hey egg salad! I remember this majorly confused  me back in Year 12, it doesn't really make much sense does it!

For a dualist system, yes, ratification is pretty much a very formal and legal way of saying, "Yeah this is a real groovy treaty, we dig it."

There are three stages. Signing is done exclusively by the foreign representative at the meeting, or convention, or whatever. Ratification is then done back home by the states internal procedures. Ratification represents an official confirmation by the state that they intend to abide by the treaty. Then, incorporation is where the domestic laws are actually brought into effect (EG - The International Criminal Court Act 2002 (Cth) is the incorporation of the Rome Statute into Australian domestic law).

So you are spot on the money, ratification is pretty much useless for a dualist system, it is just lip service. For a monist legal system, however, ratification automatically means incorporation. The treaty is automatically domestically enforceable in that case  ;D

I hope this helps!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 25, 2016, 06:49:07 pm
Yeah this is a real groovy treaty, we dig it

PS - This absolutely made my night!  ;D
Title: Re: Legal Studies Question Thread
Post by: eggsalad on March 25, 2016, 08:51:00 pm
I remember this majorly confused  me back in Year 12, it doesn't really make much sense does it!
holy moly thank you so much, i'm so glad im not the only person in the world that was totally lost by it

PS - This absolutely made my night!  ;D
and thank u i try  8)
Title: Re: Legal Studies Question Thread
Post by: MemeKing on April 01, 2016, 05:02:18 pm
Hey!  Just a question regarding essays -

When you talk about a question, let say for example "Assess the effectiveness of the Criminal Investigation Process in achieving justice" - Would you break up your paragraphs into conceptual ideas or just each body paragraph targeting a specific syllabus point?  For example. talking about only police powers in the first paragraph, and then only bail and remand in the next, etc etc.  Or just blending everything in together and structuring it like that?

Sorry if its a bit... confusing   :-\
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 01, 2016, 07:55:53 pm
Hey!  Just a question regarding essays -

When you talk about a question, let say for example "Assess the effectiveness of the Criminal Investigation Process in achieving justice" - Would you break up your paragraphs into conceptual ideas or just each body paragraph targeting a specific syllabus point?  For example. talking about only police powers in the first paragraph, and then only bail and remand in the next, etc etc.  Or just blending everything in together and structuring it like that?

Sorry if its a bit... confusing   :-\

Hey there! What your saying is making complete sense to me - fear not!

You always have the option here. So when you say conceptual ideas, I'm taking that to mean themes and challenges. I always lead my paragraphs either by themes and challenges or by specific examples.

For me personally, I always ended up leading by specific examples in the big exams, and weaving the themes and challenges within. So if you want to talk about police powers for a paragraph, absolutely do that. Then when you need to evaluate after describing the particular point to discuss, you could bring it back to the theme and challenge of balancing the rights of victim/offender/society. Does this make sense?

I find that you'll have more direction by going with syllabus dotpoint/argument, and then support each point with a theme or challenge/conceptual idea.

Let me know if this makes sense? If not, happy to flesh out some more :)
Title: Re: Legal Studies Question Thread
Post by: MemeKing on April 02, 2016, 06:56:18 pm
Hey thank you!!  Yeah I do get what you mean thanks :)  I've also got a few more question though..  Sorry if I'm asking too much.

For Crime, I'm unsure of how I would answer questions that use the theme "law reform" and "discretion" - as I feel as if I wouldn't have much to talk about.  Maybe for law reform, I could talk about the amendments of LERPA and Bail Act?  And for discretion I could talk about aggravating/mitigating circumstances, mandatory sentencing, and maybe some LEPRA in there too!  But will it be enough?

And one more question, for Human Rights - I'm confused how how separation of powers and division of powers helps promote and enforce human rights in Australia!  Thank you :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 03, 2016, 01:57:55 pm
Hey thank you!!  Yeah I do get what you mean thanks :)  I've also got a few more question though..  Sorry if I'm asking too much.

For Crime, I'm unsure of how I would answer questions that use the theme "law reform" and "discretion" - as I feel as if I wouldn't have much to talk about.  Maybe for law reform, I could talk about the amendments of LERPA and Bail Act?  And for discretion I could talk about aggravating/mitigating circumstances, mandatory sentencing, and maybe some LEPRA in there too!  But will it be enough?

And one more question, for Human Rights - I'm confused how how separation of powers and division of powers helps promote and enforce human rights in Australia!  Thank you :)

Hey Memeking! You can never ask too much (though we probably can't sit exams for you)  ;)

For your Crime questions, you are pretty much spot on the money!! Law Reform is surprisingly broad, but I know what you mean about there not being TOO much to discuss. Perhaps you could try blending it with another theme, for example, exploring how law reform has improved the achievement of justice/balancing of rights in the criminal justice system. This would, question permitting, allow you to talk about a few other things to round out your response. There is lots to discuss though, pick any part of the syllabus and explain how a change (this could be changes to procedure rather than legislative changes too) has improved the effectiveness of that response/area. Juries, LEPRA, Sentencing, Young Offenders, Bail, lots of things you could include ;D For discretion, I would be talking about those exact things, maybe even including something on young offenders specifically? It doesn't seem like much, but add some detail and some good case studies and you'd be surprised how long it can be! But all in all, for those questions you are right on track  ;D

The separation of powers doctrine, essentially, maintains the rule of law in Australian society. What this does is prevents arbitrary abuse of power by the executive, thus ensuring that the judiciaries and legislature will prevent any potential human rights infringements by the executive. Case in point, North Korea's executive is unchecked, there is no separation of powers, and this is a contributing factor to the multitude of human rights atrocities in that country.

Division of powers is a little different, and not quite as essential. The only thing I would suggest as important here is the fact that the division of powers gives the Commonwealth Foreign Affairs as an exclusive power. This allows them to ratify and enact international HR documents/treaties and impose them on the states, rather than each state doing this individually. This maintains a consistent domestic response to Human Rights Issues  ;D

I hope this helps!!
Title: Re: Legal Studies Question Thread
Post by: MemeKing on April 03, 2016, 06:07:07 pm
Hey Memeking! You can never ask too much (though we probably can't sit exams for you)  ;)

For your Crime questions, you are pretty much spot on the money!! Law Reform is surprisingly broad, but I know what you mean about there not being TOO much to discuss. Perhaps you could try blending it with another theme, for example, exploring how law reform has improved the achievement of justice/balancing of rights in the criminal justice system. This would, question permitting, allow you to talk about a few other things to round out your response. There is lots to discuss though, pick any part of the syllabus and explain how a change (this could be changes to procedure rather than legislative changes too) has improved the effectiveness of that response/area. Juries, LEPRA, Sentencing, Young Offenders, Bail, lots of things you could include ;D For discretion, I would be talking about those exact things, maybe even including something on young offenders specifically? It doesn't seem like much, but add some detail and some good case studies and you'd be surprised how long it can be! But all in all, for those questions you are right on track  ;D

The separation of powers doctrine, essentially, maintains the rule of law in Australian society. What this does is prevents arbitrary abuse of power by the executive, thus ensuring that the judiciaries and legislature will prevent any potential human rights infringements by the executive. Case in point, North Korea's executive is unchecked, there is no separation of powers, and this is a contributing factor to the multitude of human rights atrocities in that country.

Division of powers is a little different, and not quite as essential. The only thing I would suggest as important here is the fact that the division of powers gives the Commonwealth Foreign Affairs as an exclusive power. This allows them to ratify and enact international HR documents/treaties and impose them on the states, rather than each state doing this individually. This maintains a consistent domestic response to Human Rights Issues  ;D

I hope this helps!!



Ohhh I see!  Thanks man, helped alot!   ;D
Title: Re: Legal Studies Question Thread
Post by: atar27 on April 12, 2016, 08:40:05 pm
Hi, For my legal assessment we have to write an essay to this question

Evaluate the effectiveness of legal and non legal measures, both domestic and international, in achieving justice to address the issue of human trafficking and slavery

This is my plan on the paragraphs:
Paragraph one - Legal International Measures (325 words)

Paragraph two - Domestic Legal Response (325)

Paragraph three - International Non Legal Response (352 Words)

Paragraph four - Non legal Domestic Measures (325 words)

I am not quite sure how to start it :(
Any help would be great!! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 13, 2016, 11:07:31 am
Hi, For my legal assessment we have to write an essay to this question

Evaluate the effectiveness of legal and non legal measures, both domestic and international, in achieving justice to address the issue of human trafficking and slavery

This is my plan on the paragraphs:
Paragraph one - Legal International Measures (325 words)

Paragraph two - Domestic Legal Response (325)

Paragraph three - International Non Legal Response (352 Words)

Paragraph four - Non legal Domestic Measures (325 words)

I am not quite sure how to start it :(
Any help would be great!! :)

Hey atar27!!

First thing I'd do is think about your view on the issues, and construct a main idea for a Thesis. Do you think everything works amazingly and that the issue is being combatted effectively? Do you think we are doing terribly? DO you think international measures are proving more effective than domestic or vice versa? Think about these things and construct your Thesis, I have a guide on this here!

Then, I would brainstorm paragraphs. You have started this already and I think the plan is great! I would perhaps condensing non-legal responses into one paragraph, because inevitably, there won't be as much to discuss, but see how you go!  ;D

In terms of what to include in those paragraphs, it would be exactly as you expect.


Hope this helps to get you going!!  ;D
Title: Re: Legal Studies Question Thread
Post by: atar27 on April 14, 2016, 11:40:15 pm
Thank You so Much Jamon!, That helped heaps! I have a much clear idea as to what I need to do.
Title: Re: Legal Studies Question Thread
Post by: nay103 on April 19, 2016, 07:30:06 pm
Hey there!

I'm really confused about how to go to answer this essay question on family:

With reference to contemporary issues concerning families, to what extent has the law responded to problems arising within family relationships? 

As the first part comes from the third part of the syllabus and the second part of the question comes from the second part of the syllabus (wording wise). It seems that the 'problems arising within family relationships' is the most important part, so I've written my essay based around that and thought to sprinkle 'contemporary issues concerning families' in. But I found this to be super difficult since the problems and issues don't seem to have much to do with each other. So I was just wondering have I misinterpreted the question and/or does 'contemporary issues concerning families' mean I can talk about that broadly (i.e. not just what the syllabus sets out.)

Does that make sense?? I am just super confused!

Thanks!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 19, 2016, 11:08:29 pm
Hey there!

I'm really confused about how to go to answer this essay question on family:

With reference to contemporary issues concerning families, to what extent has the law responded to problems arising within family relationships? 

As the first part comes from the third part of the syllabus and the second part of the question comes from the second part of the syllabus (wording wise). It seems that the 'problems arising within family relationships' is the most important part, so I've written my essay based around that and thought to sprinkle 'contemporary issues concerning families' in. But I found this to be super difficult since the problems and issues don't seem to have much to do with each other. So I was just wondering have I misinterpreted the question and/or does 'contemporary issues concerning families' mean I can talk about that broadly (i.e. not just what the syllabus sets out.)

Does that make sense?? I am just super confused!

Thanks!

Hey there nay!

Let me start by saying I totally agree with you, the wording of this question is really confusing!  ??? I'll give my interpretation of it, but I don't think this has a clear answer. If this happens to be for an assignment of some sort, I'd definitely be asking whoever wrote the question  :)

With that in mind, you are correct, this references two completely separate aspects of the Legal Syllabus. So, I would say that you are free to interpret the question as focusing on either the problems in family relationships, or the contemporary issues. I would back up your interpretation, I think the focus should be on problems in family relationships.

There are definitely ways to link the two though! For example, a response may focus on divorce (problems), with reference to changing nature of parental responsibility and care and protection of children. You can even simply focus on the contemporary issues, framing those as problems in family relationships. The point being, you are free to interpret it as you wish (in my opinion), as long as your essay links your interpretation to the question effectively.

So, my advice would be to try and discuss the responses to problems in family relationships in a contemporary settings! Chat about how children are protected in divorce proceedings. What are the legal consequences of separation for homosexual couples. Think of combinations like these which work for the general essay structure you have begun developing!  This is definitely difficult, but absolutely doable, there is lots of content to cover and so you will have lots to discuss. For example, you could do an essay focusing on the care and protection of children, and examine domestic violence, divorce, and separation as your paragraphs. Lots of wiggle room! ;D

In summary, I think you are totally okay to interpret this question with a little bit of leniency from the syllabus! Try to link both if you can, and I do think this is what the author of the question had in mind, but anything will work if it is linked correctly  ;D I hope this helps!!
Title: Re: Legal Studies Question Thread
Post by: matilda_woody on May 04, 2016, 10:32:52 pm
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.

Sorry...
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 04, 2016, 11:13:22 pm
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.

Sorry...

Hey Matilda!! First of all, no such thing as a stupid question!!  ;D

Okay, so Division of Powers. The Division of Powers is concerned with how the law making powers are divided between the state and federal governments. This is to do with Federation, when the states agreed to turn some of their powers over to the Federal Commonwealth of Australia.

So, for example, only the Federal Government can make laws on defence, foreign affairs, trade. These are called Exclusive Powers, since only the federal government can legislate on these issues.

For some areas, both the state and federal governments can legislate, in a sort of shared arrangement (though any federal laws automatically override state laws, according to Section 109 of the Constitution). These are called Concurrent Powers, and include things like health and education.

Finally, there are areas of law which remain completely the responsibility of the state. These are called Residual Powers. These include civil law, some areas of criminal law, urban planning, etc.

So, that's Division of Powers, how law making power was divided amongst the states and the federal government.

Separation of Powers is a little different, and not specifically enshrined anywhere in Australian law, though the structure of the first few sections of the constitution heavily reflects it. The Separation of Powers is a doctrine which separates government power into three separate branches; legislature (the law makers), executive (the law enactors), and the judiciary (the law interpreters). So in Australia, the House of Reps/Senate would be our legislature, the cabinet would be our executive, and the courts are our judiciary.

Now this is a doctrine that has been around longer than Australia has; rather than being a direct link to Australian law, it is an idea that is viewed as an important aspect of responsible government. However, the doctrine is heavily enshrined in most modern government systems, particularly Westminster Systems like ours. We don't follow it completely though. Ideally, there should be complete separation between the three branches. In Australia, the executive and the legislature overlap quite heavily (the Prime Minister votes in the House of Reps, for example). This is a notion called responsible government, and it is quite contentious for some.

So, as summary: The division of powers is an actual, real thing that is a part of the Australian constitution. It specifies how law making powers are divided between states. The separation of powers is a doctrine, not actually found in Australian law, just reflected in its structure. The doctrine encourages separation between the three branches of government power, as a sort of checks and balances system against corrupt individuals.

I hope this helps a little! Feel free to ask for clarification, this is a really common question for a lot of people  ;D it's annoying the two things have such a similar name, when really, they have nothing to do with each other  ;D




Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 04, 2016, 11:14:06 pm
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.

Sorry...

Oh, and never say sorry for asking a question. Like, ever  ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 05, 2016, 10:51:36 am
Ok, this is going to be a really, really stupid question. Very stupid. But: I still (after a year and a half) don't get the difference between the division and separation of powers. I now the Legal Studies presentation at the beginning of the year in Sydney with Elyse briefly touched on it, but I still don't really comprehend it.

Sorry...

Hey Matilda! Jamon has nailed this, but I will add something that I used to help me remember which term belonged to which - division or separation? This might not make sense to you because its a very obscure way that I've managed to remember it (I'm yet to come up with a simple rhyme or something like that!) but I'll put it out there just in case you're a word person like I am and this may help. But if you're not a word lover, this may not mould with your way of study...worth a shot though!

The point of the division of powers is to delegate the power around, more so because the federal government would be crumbling under responsibilities if it held all of the powers than anything else. So it has to delegate powers to various places. Also, the federal government could be out of touch with the needs of individual states or territories - hence it needs to divide powers to be effective.


The separation of powers is where I enter some word play. If you look at divide and separate, they have different connotations. To divide something is to split it up, share it around, etc.

But to separate something, like you would separate two fighting children, is because when they are together they create something noisy and loud and a headache for everyone. The same goes with the separation of powers. If all the power to make and enact laws laid in one spot... well...that's a simplified way of explaining an autocratic state with one leader who rules all. So to protect our democracy, we have to SEPARATE the powers because if it was all in the hands of a greedy politician then there's potential that we'd all be doomed  :P

It is a simple word play that worked for me. It mightn't for you, but I want to put it out there just incase :)

Also remember, the separation of powers is more important in the HSC course than the division of powers. The D.O.P. is a feature of the prelim syllabus but the S.O.P. is more important in HSC because it protects democracy, consequently protecting human rights. So it is definitely important to know them both because they always seem to pop up in multiple choice to try and trick you. But, the D.O.B. is slightly more important to the HSC course :)

Thanks for coming to the lectures by the way! Hopefully we can see you at some upcoming ones, stay tuned :)
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on May 15, 2016, 08:04:01 pm
hello :D
I was wondering if could have some help in how to approach an essay that requires
'Assessing the effectiveness of common law and the similarities and differences between statute and common law'
In particular I have trouble in writing the thesis of the essay in the introduction

What I currently have ...  :'(
'Common law is defined as law that has been developed on the basis of preceding ruling by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society. These similarities and differences between statue and common law reflect the evident effectiveness of common law.'

I was also wondering what kind of strong evidence would be good to incorporate into the essay to support my assessment of the effectiveness of common law. I'm overall quite confused on how to structure this essay that requires assessing the effectiveness of common law and how statue and common law is different yet similar :/

Thank you in advance :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 15, 2016, 11:26:53 pm
hello :D
I was wondering if could have some help in how to approach an essay that requires
'Assessing the effectiveness of common law and the similarities and differences between statute and common law'
In particular I have trouble in writing the thesis of the essay in the introduction

What I currently have ...  :'(
'Common law is defined as law that has been developed on the basis of preceding ruling by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society. These similarities and differences between statue and common law reflect the evident effectiveness of common law.'

I was also wondering what kind of strong evidence would be good to incorporate into the essay to support my assessment of the effectiveness of common law. I'm overall quite confused on how to structure this essay that requires assessing the effectiveness of common law and how statue and common law is different yet similar :/

Thank you in advance :D

Hey there!!  ;D that's a strange essay question, never seen anything quite like it before! Kind of cool though, lots to discuss!

Basically, I would be approaching a Thesis to this question very similarly to what you have already got written. Looking at how a comparison of statute and common law reveals the strengths and weaknesses of each. Your Thesis is essentially your judgement, your evaluation. Is common law better (this sounds like where you are at now)? Is statute law better? Are they better in certain scenarios? Make your judgement and this will form the backbone of your Thesis, expressed in a nice formal argument.

Your Thesis formulated, think of three areas of the law that will allow you to compare common law to statute law. Ultimately, this will mean comparing the effectiveness of legislation and statutes, versus the court system, in specific situations. You could address the notion of manslaughter versus murder, an area of law dominated by precedent. Juvenile crime would be an interesting area to discuss as well. Look over news headlines for articles on recent court cases that have caused a political stir. Take your pick of three areas that you want to discuss, and these could form your paragraphs!

Essentially, each paragraph would be discussing the effectiveness/ineffectiveness of statute law and common law in each area, thus re-enforcing your Thesis (whatever it happened to be). Be careful that it matches, don't have a Thesis saying statute law is effective, then spend the whole essay trashing it  ;)

I think you are definitely on the right track. The trick here will be to show how common law and statute law are different, by comparing their effectiveness in various legal situations/areas. At least, that's how I'd approach it  ;D I hope this helps to get you started!!  ;D

Title: Re: Legal Studies Question Thread
Post by: itswags98 on June 15, 2016, 07:10:46 pm
hiya!!!

Hopefully this is fine in this thread...  ;D
I've recently received an assignment and would prefer some help going about it. It consists of 2 small answers and one long response. I was wondering how to best go about the structure for each question and some extensive family law cases to base my responses on. The three questions are:
1) Outline the role of the Family Court in Australia's legal system
2) Identify and Describe ONE case that has been heard in the Family Court of Australia
3) Evaluate the effectiveness of the Family Court of Australia in achieving justice for family members. Make reference to case selected in question 2 and other family law issues.

The total amount of words is meant to be 2000. I was thinking personally 1(300), 2(500) and 3(1200) or is that over doing it?
Thank you!
Title: Re: Legal Studies Question Thread
Post by: feeah on June 15, 2016, 07:42:21 pm
Hi guys! I'm a year 11 student doing LS, and my results from my half yearly haven't been as good as I'd hoped. My question is: how much time do you think I should invest into studying every day or week, and what do you think is the most effective way of studying? Also, this question isn't aimed specifically towards LS, but I'm really struggling with motivating myself- do you have any advice? Thank you!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 15, 2016, 11:55:48 pm
Hi guys! I'm a year 11 student doing LS, and my results from my half yearly haven't been as good as I'd hoped. My question is: how much time do you think I should invest into studying every day or week, and what do you think is the most effective way of studying? Also, this question isn't aimed specifically towards LS, but I'm really struggling with motivating myself- do you have any advice? Thank you!!

Hey feeah! Welcome to the forums!  ;D

First of all, don't stress about results in Year 11! Seriously, all the marks get wiped at the end of the year (well, Term 4) anyway! Year 11 is about developing good habits and settling into a good routine, it's a practice run, so it is great that you are using the result as a chance to improve your study skills! But don't let it worry you  ;D

In terms of study, that's a difficult question to answer. Everyone needs something a little bit different. The key is consistency, try to study for Legal every week, don't just leave it by the wayside when it gets busy. Always do something! In the HSC I aimed for about 1 hour at home for every hour in the classroom, so that might be a good guide for you if you want to really push. But again, it is only Year 11, so you can relax a bit. Set yourself a reasonable goal of a couple of hours a week on Legal Studies and see how it goes!!

I've just written an article on How To Study for Legal Studies, although it is aimed at HSC students, it will absolutely be useful for you too!

For motivation, everyone is different, but let's think about this. Why are you doing Year 11 and 12 instead of dropping out and getting a job? Dream degree? Dream ATAR? Try to keep remembering WHY you are doing what you are doing. Take the recent half yearlies; if you aren't happy with the results, say to yourself when it gets tough: "I never want to be unhappy about my results like that again."

Getting motivated is all about justifying your actions  ;D

Settling into a routine will help with making sure you get work done when you want to get it done. We'll be writing an article about timetabling your study in the next week or two, so I'll link it here when it's done!  ;D

I hope this helps  :)

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 15, 2016, 11:57:38 pm
hiya!!!

Hopefully this is fine in this thread...  ;D
I've recently received an assignment and would prefer some help going about it. It consists of 2 small answers and one long response. I was wondering how to best go about the structure for each question and some extensive family law cases to base my responses on. The three questions are:
1) Outline the role of the Family Court in Australia's legal system
2) Identify and Describe ONE case that has been heard in the Family Court of Australia
3) Evaluate the effectiveness of the Family Court of Australia in achieving justice for family members. Make reference to case selected in question 2 and other family law issues.

The total amount of words is meant to be 2000. I was thinking personally 1(300), 2(500) and 3(1200) or is that over doing it?
Thank you!

Hey itswags! It certainly is, I'll make sure I lend you a hand tomorrow! I have an exam in the morning and so I should probably get off the site and get some sleep  :o just wanted to make sure you know I didn't ignore you in favour of the person below you; but if I gave you advice on this now I'd probably sound like a babbling tired zombie  ;)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 16, 2016, 08:10:05 pm
hiya!!!

Hopefully this is fine in this thread...  ;D
I've recently received an assignment and would prefer some help going about it. It consists of 2 small answers and one long response. I was wondering how to best go about the structure for each question and some extensive family law cases to base my responses on. The three questions are:
1) Outline the role of the Family Court in Australia's legal system
2) Identify and Describe ONE case that has been heard in the Family Court of Australia
3) Evaluate the effectiveness of the Family Court of Australia in achieving justice for family members. Make reference to case selected in question 2 and other family law issues.

The total amount of words is meant to be 2000. I was thinking personally 1(300), 2(500) and 3(1200) or is that over doing it?
Thank you!

Hey again!! Okay, so, let me give you a bit of advice for every bit:

This is an outline question, so 300 might even be too much!! Basically, you'll want to cover (briefly) all of the functions that the Family Court plays in Australia, including its capabilities and examples of it exercising its capabilities. Key here is to never go into too much detail for this low level question, this acts as a summary paragraph.

The second part is your chance to find a case and examine it in depth. Describe the circumstances, the judgement, the rationale behind the judgement, and the laws/legal principles that have been applied.

The third bit is where you get the chance to flex your academic muscle. You need to structure an essay response that, as the main purpose, judges how effective the Family court is in responding to different Family law issues. You may wish to structure the response around 3 of these issues of your choice (EG - Property disputes, domestic violence, care and protection of children, surrogacy, etc). One paragraph for each, each evaluating effectiveness, with a nice intro and conclusion  ;D

In terms of cases, I can't recommend too many Family Court cases off the top of my head, to be honest it was an area lacking for me as a Legal Studies students. B and J (1996) is one I could recommend concerning surrogacy, though it might not have enough meat to it. Re Mark (2003) is one to do with same sex marriage.

I'd recommend skulking around the FLC AUSTLII Database for some ideas, there is so much available there, definitely great for detail on cases mentioned in your textbook  ;D

I hope this helps as a start!  ;D
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on June 18, 2016, 03:47:45 pm
In my last Legal Studies exam I didn't do the best that I could have (this is a very big understatement, I did not do well) and so whenever I think of Legal Studies I feel a bit traumatized (?), for lack of a better word.
Previously I did pretty well but right now whenever I think of my upcoming LS Trial I just feel like the same thing is gonna happen again and I'm not sure how to avoid it (my trial is coming up in a weeks time) so does anyone have some advice that could help me move on?
Title: Re: Legal Studies Question Thread
Post by: abradley on June 20, 2016, 03:28:37 pm
Just a quick question- What area of the syllabus do you think this year's family law questions will be on? I understand it is impossible to predict the essay question however your thoughts on possible questions would be appreciated! ;)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 20, 2016, 04:06:13 pm
In my last Legal Studies exam I didn't do the best that I could have (this is a very big understatement, I did not do well) and so whenever I think of Legal Studies I feel a bit traumatized (?), for lack of a better word.
Previously I did pretty well but right now whenever I think of my upcoming LS Trial I just feel like the same thing is gonna happen again and I'm not sure how to avoid it (my trial is coming up in a weeks time) so does anyone have some advice that could help me move on?

Hey shazz! Sorry for the late reply first of all  ;D

I liken your situation to my MX1 Half Yearly. Essentially, did nowhere near as well as I wanted, came second last in my cohort, I was absolutely guttered. For a little bit I thought I'd screwed the subject completely, lost a Band 6, etc etc.

What I realised though, from that experience, is that holy crap: I never wanted to feel like that after an exam ever again. So I worked harder, and I ended up coming first in my cohort and getting a 48 in the subject.

In short, the first thing for you to realise is that it's no big deal that you didn't do too well. In the long run, that doesn't matter. One bad mark doesn't wreck anything.

Secondly, you need to decide for yourself the sort of person you want to be in this situation. Don't let yourself be the person that lets one setback get them down. Use your prior experience to say, "Hey, you know what, not happening again." Be motivated by your setbacks, kind of like doing a double session at the gym the day after a massive gorge on KFC  ;)

For your upcoming Trial, go back to that half yearly and ask yourself some tough questions. Where did I lose marks? Why? Do I need to work on my essay writing, do I need to focus on avoiding mistakes in Multiple Choice? Figure out exactly what happened, and work on those areas specifically (remember we have free essay marking if you need a hand)!

The key to success (or one of them) in the HSC is perseverance and learning from your mistakes. No-one gets a Band 6 level mark in every exam. The Band 6 students though, they learn from their mistakes. And that is what you need to do.

I realise parts of this sounded like a cheesy movie, but it is all true. Be honest with yourself about where your weaknesses lie, and work on fixing them. Just because you weren't happy ones, doesn't mean you won't be happy with Legal again. On the contrary, it should be every reason to work even harder to achieve the next time  ;D

Good luck for your Trial! I am sure you will absolutely smash it Shaz  ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 20, 2016, 04:18:32 pm
Just a quick question- What area of the syllabus do you think this year's family law questions will be on? I understand it is impossible to predict the essay question however your thoughts on possible questions would be appreciated! ;)

Hey there! Oh, you can totally make a few educated guesses, I correctly predicted the 2015 HSC Crime Question, so let's see what we can do here!  ;D

Now examining potential trial questions is tricky because the past papers are a little difficult to find, but the HSC papers are readily available. The best thing to do is to look broadly at the topics covered in the last 3 or 4 papers:

2015: Alternative Family Relationships, Domestic Violence
2014: Same Sex Relationships, Issues Affecting Family Members
2013: Contemporary Issues Concerning Family Members, Conflict in Family Relationships
2012: Courts (Justice for Family Members), Surrogacy/Birth Technologies

A pretty generic pattern is that there is usually one question more specific than the other. The last two years exemplify that. Another fairly safe assumption is that they won't repeat last years question (duh), so don't expect anything on domestic violence.

From there, look at the syllabus and determine any areas that haven't been hit yet. For me, I look at this and I'm missing:
- Care and Protection of Children
- Changing Nature of Parental Responsibility
- Legal Consequences of Separation

Each of these were hit with broader questions in the last 4 years, but not specifically. So, they might be some options. Though, I definitely wouldn't rule out Same Sex relationships either, given how topical that is at the moment.

Of course, there is always the potential for a curveball, a change in style etc., but this might give you an idea of some things to make sure you have checked off of your study list!  ;D

Don't rely on predicting questions. You should, of course, be ready for anything!! However, it is definitely beneficial to have some rough expectations of what will/won't be asked. Don't use it as an excuse NOT to study something, use it as a cue to STUDY something a little bit more. You must be prepared to write about anything!  ;D
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on June 23, 2016, 10:28:14 am
Thank you so much for the reply!!!  ;D ;D
I really appreciate the advice, I can't emphasis it enough, I definitely feel a lot better now! THANK YOU!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 23, 2016, 10:40:26 am
Thank you so much for the reply!!!  ;D ;D
I really appreciate the advice, I can't emphasis it enough, I definitely feel a lot better now! THANK YOU!!

Awesome, I am very glad!!  ;D  you are most welcome  :D
Title: Re: Legal Studies Question Thread
Post by: aoife98 on June 25, 2016, 01:08:46 pm
How do you structure a world order essay? There's so many aspects and issues to deal with, I don't know where to start
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 25, 2016, 01:47:31 pm
How do you structure a world order essay? There's so many aspects and issues to deal with, I don't know where to start

Hey aoife! There are multiple ways, but the one that I normally go for is putting one paragraph per response. Something like:


And obviously you just pull the ones you need. The other thing you can do is take several world order issues and examine them each in a paragraph. For me in 2014, this was usually North Korea, Ukrainian Border Disputes, and a third that suited the question (these are the two I knew well). Each paragraph takes one contemporary situation and examines how effectively it has been/is being managed. I was less a fan of this structure, but it might work for you!!  ;D

So that is two ideas (and obviously you create an introduction and conclusion to match), but there are many other ways, don't feel like these are the only two  ;D
Title: Re: Legal Studies Question Thread
Post by: Tianna Jones on June 25, 2016, 04:57:48 pm
Hi Elyse,
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 25, 2016, 10:59:09 pm
Hi Elyse,
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna

Hey Tianna!! I think for Legal it totally depends on the topic. For Crime, there is no shortcuts, the Multiple Choice section can be gnarly so you really must know it all  >:( Ditto for human rights, the content is important, so there might not be as much of a shortcut available there unfortunately.

The Options, however, are completely different. You are only assessed with an essay, and those essays test your ability to present an argument. So, you don't need detailed content knowledge (though this is a plus if you can get this too), like for Family I barely remembered any of the details of the adoption process, specifics of Divorce, etc. What you need for the Options is, literally, just ammunition. Stuff you can use in essays to prove whatever argument you are making!! Normally, this falls into the latter dot point of the option.

So, if I were you, I'd be focusing on developing a bank of LCTMR (Laws, Cases, Treaties, Reports, Media) to use in essays. Use past papers to check that you are covering all of your avenues, can you answer every question with your knowledge? Then for Crime and HR, just focus on revising each syllabus dot point in a very concise but thorough way. Make flash cards, use some of our free notes to fill in content gaps, and above all, just work as hard as you can. Don't let being behind frazzle you, trust me, if you put in the effort you will absolutely catch up  :D

What options has your school chosen? I've recently re-discovered some summary sheets I had for World Order and Family, if you do either or both of them I'll be sure to link them to you once I've uploaded them to the site  ;D

Title: Re: Legal Studies Question Thread
Post by: itswags98 on June 26, 2016, 12:24:22 am
Hiya! Im back.... with some need for help. Ahaha
Ive completed A and B part of my assignment... just looking for some feedback of where you think i might be able to improve. Im gonna list them in a spoiler so it doesnt clog the post up!
Spoiler
A)   Outline the role of the Family Court in Australia’s Legal System
The role of the Family Court of Australia is to deal with complex family law matters such as parenting cases which involve multiple parties, allegations of abuse, child welfare agencies and complex financial matters such as the division of property. The Family Court of Australia and the Federal Circuit Court of Australia cover all family law cases from every state except Western Australia. The main purpose of these courts is to provide dispute resolution methods in the form of counselling, mediation and conciliation to help individuals settle their differences and to create an agreement over different issues such as maintenance, property division and the care of children. When a judgement is being made, the best interests of children will be put first and foremost.
B)   Identify and Describe ONE Case that has been heard in the Family Court of Australia.
Case: Re Mark (2003) 31 Fam LR 162
Mark is a one year old child conceived by Mr. X and Mr. Y through a commercial surrogacy arrangement in the United States. The surrogate mother, Mrs. S carried an agreement that she will carry an embryo created from a donor egg harvested from an anonymous donor and sperm retrieved from Mr. X and then the embryo transferred to her womb by an IVF physician with no desire to have any parental responsibility to the child born from the surrogate agreement and that Mr. X and Mr. Y shall be the parents of any child born pursuant to the surrogate agreement. When Mark was born on the 31 May 2002, Mr. X was listed as the child’s genetic father on the birth certificate. On 10 June 2002 Mr. X and Mr. Y returned with Mark to their home in Melbourne and Mark was registered as an Australian Citizen on the 27th of June 2002. On 11 November 2002, Mr. X and Mr. Y applied to the family court for parental responsibility of Mark. The family court granted Mr. X and Mr. Y shared parental responsibility through a consent order with the Judge, Justice Brown stating that Section 65C of the Family Law Act 1975 provides that either or both of the child’s parents, the child, him or herself, a grandparent of a child, or any other person concerned with the care, welfare and development of the child may apply for a parenting order. Because the male homosexual couple had the ‘best interests’ of Mark at heart and because S.69R of the Family Law Act 1975 states that whomever is listed on the birth certificate is assumed to be a parent, Mr. X and Mr. Y were granted parental responsibility and the birth mother, Mrs. S did not contest the application.
All the help would truly be appreciated! Thanks :3
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on June 26, 2016, 12:02:08 pm
Hi Elyse,
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna
Jamon's helped out a bunch already, but I suggest focusing on:
1. Getting some awesome case studies. Pulling together some cases that are really universal, tick a bunch of boxes, can be applied anywhere!
2. Organising a list of the legislation that is most important to you as a legal student! Stick these around your house (bathroom mirror, dressing table, etc) and make sure they stick in your head. This is part of the ammunition Jamon was talking about, because without this legislation you can't back up your awesome ideas with a solid foundation of legislation.

Being on ATAR Notes certainly puts you ahead of the game, because you're asking questions and asking for feedback, so you're already peddling at full speed ahead!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 26, 2016, 05:49:04 pm
Hiya! Im back.... with some need for help. Ahaha
Ive completed A and B part of my assignment... just looking for some feedback of where you think i might be able to improve. Im gonna list them in a spoiler so it doesnt clog the post up!
All the help would truly be appreciated! Thanks :3

Hey there itswags98! Happy to give some feedback on those quick responses  ;D

First Question:
Spoiler
A)   Outline the role of the Family Court in Australia’s Legal System
The role of the Family Court of Australia is to deal with complex family law matters such as parenting cases which involve multiple parties, allegations of abuse, child welfare agencies and complex financial matters such as the division of property. The Family Court of Australia and the Federal Circuit Court of Australia cover all family law cases from every state except Western Australia. The main purpose of these courts is to provide dispute resolution methods in the form of counselling, mediation and conciliation to help individuals settle their differences and to create an agreement over different issues such as maintenance, property division and the care of children. When a judgement is being made, the best interests of children will be put first and foremost.

I think this works effectively as an outline! It covers the main points very well and definitely gives most relevant details. The only thing I'd perhaps add is that it was established by the Family Law Act 1975, but besides that, no big omissions that I can see  ;D

Second Question:
Spoiler
B)   Identify and Describe ONE Case that has been heard in the Family Court of Australia.
Case: Re Mark (2003) 31 Fam LR 162
Mark is a one year old child conceived by Mr. X and Mr. Y through a commercial surrogacy arrangement in the United States. The surrogate mother, Mrs. S carried an agreement that she will carry an embryo created from a donor egg harvested from an anonymous donor and sperm retrieved from Mr. X and then the embryo transferred to her womb by an IVF physician with no desire to have any parental responsibility to the child born from the surrogate agreement and that Mr. X and Mr. Y shall be the parents of any child born pursuant to the surrogate agreement. When Mark was born on the 31 May 2002, Mr. X was listed as the child’s genetic father on the birth certificate. On 10 June 2002 Mr. X and Mr. Y returned with Mark to their home in Melbourne and Mark was registered as an Australian Citizen on the 27th of June 2002. On 11 November 2002, Mr. X and Mr. Y applied to the family court for parental responsibility of Mark. The family court granted Mr. X and Mr. Y shared parental responsibility through a consent order with the Judge, Justice Brown stating that Section 65C of the Family Law Act 1975 provides that either or both of the child’s parents, the child, him or herself, a grandparent of a child, or any other person concerned with the care, welfare and development of the child may apply for a parenting order. Because the male homosexual couple had the ‘best interests’ of Mark at heart and because S.69R of the Family Law Act 1975 states that whomever is listed on the birth certificate is assumed to be a parent, Mr. X and Mr. Y were granted parental responsibility and the birth mother, Mrs. S did not contest the application.

Again, I think this works well! The case has been identified and you delve into the main details quite well, you could perhaps even make the description of the case details a little more succinct? Then, do some extra stuff with the judgement itself, go into a bit more detail about why this judgement was made. Was there a precedent? If not, has this now set a precedent for other cases?

On the whole though I think both questions are well answered!! They are both fairly low-order questions, and you've not gone overboard with either of them, just given what the question requires, very effective and efficient  ;D great work!!  :)
Title: Re: Legal Studies Question Thread
Post by: itswags98 on June 26, 2016, 07:54:46 pm
Hey there itswags98! Happy to give some feedback on those quick responses  ;D

First Question:
Spoiler
A)   Outline the role of the Family Court in Australia’s Legal System
The role of the Family Court of Australia is to deal with complex family law matters such as parenting cases which involve multiple parties, allegations of abuse, child welfare agencies and complex financial matters such as the division of property. The Family Court of Australia and the Federal Circuit Court of Australia cover all family law cases from every state except Western Australia. The main purpose of these courts is to provide dispute resolution methods in the form of counselling, mediation and conciliation to help individuals settle their differences and to create an agreement over different issues such as maintenance, property division and the care of children. When a judgement is being made, the best interests of children will be put first and foremost.

I think this works effectively as an outline! It covers the main points very well and definitely gives most relevant details. The only thing I'd perhaps add is that it was established by the Family Law Act 1975, but besides that, no big omissions that I can see  ;D

Second Question:
Spoiler
B)   Identify and Describe ONE Case that has been heard in the Family Court of Australia.
Case: Re Mark (2003) 31 Fam LR 162
Mark is a one year old child conceived by Mr. X and Mr. Y through a commercial surrogacy arrangement in the United States. The surrogate mother, Mrs. S carried an agreement that she will carry an embryo created from a donor egg harvested from an anonymous donor and sperm retrieved from Mr. X and then the embryo transferred to her womb by an IVF physician with no desire to have any parental responsibility to the child born from the surrogate agreement and that Mr. X and Mr. Y shall be the parents of any child born pursuant to the surrogate agreement. When Mark was born on the 31 May 2002, Mr. X was listed as the child’s genetic father on the birth certificate. On 10 June 2002 Mr. X and Mr. Y returned with Mark to their home in Melbourne and Mark was registered as an Australian Citizen on the 27th of June 2002. On 11 November 2002, Mr. X and Mr. Y applied to the family court for parental responsibility of Mark. The family court granted Mr. X and Mr. Y shared parental responsibility through a consent order with the Judge, Justice Brown stating that Section 65C of the Family Law Act 1975 provides that either or both of the child’s parents, the child, him or herself, a grandparent of a child, or any other person concerned with the care, welfare and development of the child may apply for a parenting order. Because the male homosexual couple had the ‘best interests’ of Mark at heart and because S.69R of the Family Law Act 1975 states that whomever is listed on the birth certificate is assumed to be a parent, Mr. X and Mr. Y were granted parental responsibility and the birth mother, Mrs. S did not contest the application.

Again, I think this works well! The case has been identified and you delve into the main details quite well, you could perhaps even make the description of the case details a little more succinct? Then, do some extra stuff with the judgement itself, go into a bit more detail about why this judgement was made. Was there a precedent? If not, has this now set a precedent for other cases?

On the whole though I think both questions are well answered!! They are both fairly low-order questions, and you've not gone overboard with either of them, just given what the question requires, very effective and efficient  ;D great work!!  :)

Very appreciated! :3
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 07, 2016, 01:28:01 am
Hi Elyse,
I was just wondering if you had any advice on helping me catch up on a lot of missed work. I have been off school for nearly a term and have obviously been bombarded with work upon my return- especially in legal studies. Any tips on ways to zero in on the most crucial points would be great :)
Thanks, Tianna

Hey again Tianna! Just a heads up that I just uploaded a whole bunch of new FREE resources for Legal Studies that might be useful to you or anyone interested, enjoy!  ;D
Title: Re: Legal Studies Question Thread
Post by: conic curve on July 07, 2016, 02:35:31 pm
How does one do well in a subject like Legal studies where a lot of the content is rote learn?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 07, 2016, 02:40:13 pm
How does one do well in a subject like Legal studies where a lot of the content is rote learn?

Hey conic! It totally is up to you to find a study method that works well for memorising content. Study notes are great (we have lots of free ones obviously, but you can also do things like make flash cards, record yourself saying the notes, there are lots of things you can do to make the content stick! You should also read this article I wrote on some creative ways to study for the subject.

You should also keep in mind that content knowledge isn't the only thing necessary for Legal Studies success; you also need essay writing skills, strong arguments, and critical opinion. You should devote some study time to those things as well, and the best method is practice, practice practice!
Title: Re: Legal Studies Question Thread
Post by: conic curve on July 07, 2016, 07:54:03 pm
Hey conic! It totally is up to you to find a study method that works well for memorising content. Study notes are great (we have lots of free ones obviously, but you can also do things like make flash cards, record yourself saying the notes, there are lots of things you can do to make the content stick! You should also read this article I wrote on some creative ways to study for the subject.

You should also keep in mind that content knowledge isn't the only thing necessary for Legal Studies success; you also need essay writing skills, strong arguments, and critical opinion. You should devote some study time to those things as well, and the best method is practice, practice practice!

Thanks  :D
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on July 12, 2016, 11:52:35 am
So i have a Legal Studies assignment and it has to do with Human Right but we haven't started the topic and its an assignment we have to do over the holidays but I'm having trouble with some of the questions so could you help me out?

1. Describe a contemporary domestic or international human right issue, and outline TWO human rights that are breach regarding the issue - 5 marks. They provided us with options, you had to choose one, I chose chose asylum seekers but treatment of refugees was also a separate option and you can't talk about one without the other, I wanted to relate it to Australia's detention centers on Nauru etc so which issue would better suit that?

 My other problem is how do I describe the issue of asylum seekers, what do I say? Would saying that 'asylum seekers are an issue as they pose security risks to Australia but their detaining breaches their human rights' be right?

2. a - Compare the domestic and international responses - 5 marks
I wanted to compare the domestic legal and non-legal response with the international non-legal/legal responses, would that be right and with comparing I would just describe what the domestic responses are and how they are similar or different to the international responses, yes?

b - Evaluate the effectiveness of the non-legal and legal responses in promoting and enforcing human rights - 10 marks
In this part i'm just saying 'the responses are effective because they acknowledge and enforce human rights and they are ineffective because they breach human rights etc.' right?

I would absolutely appreciate if you could tell me if i'm on the right path and if i'm not could you give me some direction, maybe what you would do , thank you so much!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 12, 2016, 09:03:55 pm
So i have a Legal Studies assignment and it has to do with Human Right but we haven't started the topic and its an assignment we have to do over the holidays but I'm having trouble with some of the questions so could you help me out?

1. Describe a contemporary domestic or international human right issue, and outline TWO human rights that are breach regarding the issue - 5 marks. They provided us with options, you had to choose one, I chose chose asylum seekers but treatment of refugees was also a separate option and you can't talk about one without the other, I wanted to relate it to Australia's detention centers on Nauru etc so which issue would better suit that?

My other problem is how do I describe the issue of asylum seekers, what do I say? Would saying that 'asylum seekers are an issue as they pose security risks to Australia but their detaining breaches their human rights' be right?

Happy to help!! It seems strange that they'd put Refugees/Asylum Seekers as separate options, the definitions of each are practically identical. Both relate really nicely to the Australian detention centres such as the one in Nauru, so both definitely work for that. Really, I think the topics are pretty identical besides the term used to describe them!

You are pretty much on the money, describe WHY the issue is at play in the first place. So, yes, mention things like Australian cultural shifts towards anti-multiculturalism as a contributing factor, and then obviously play that off against human rights. You may also want to bring in the legislation involved.

2. a - Compare the domestic and international responses - 5 marks
I wanted to compare the domestic legal and non-legal response with the international non-legal/legal responses, would that be right and with comparing I would just describe what the domestic responses are and how they are similar or different to the international responses, yes?

Absolutely, and reference WHY one might be more effective than the other  ;D

b - Evaluate the effectiveness of the non-legal and legal responses in promoting and enforcing human rights - 10 marks
In this part i'm just saying 'the responses are effective because they acknowledge and enforce human rights and they are ineffective because they breach human rights etc.' right?

I would absolutely appreciate if you could tell me if i'm on the right path and if i'm not could you give me some direction, maybe what you would do , thank you so much!!

You are on the right track for sure!! Be creative with this though, like you can do some tricky stuff. Think about the UN as a response: It's great as a promotional mechanism through the General Assembly, with almost every nation participating in active discussion. However, it's enforceability is limited by state sovereignty. Here, I've said it's good at some things but not others. You've absolutely got the right idea, but be creative: Take every response and think what it does well, and what it can do better  :)

Hope this helps!!
Title: Re: Legal Studies Question Thread
Post by: sophiek_ on July 13, 2016, 08:45:22 pm
hey!
I was wondering if someone could clarify what Elyse meant today in the legal lecture when she said Australia wasn't bound by CROC? I found this link https://www.humanrights.gov.au/publications/australias-commitment-childrens-rights-and-reporting-un that seems to imply that Australia is bound by CROC and it kind of threw me
thank you!!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 14, 2016, 10:45:23 am
hey!
I was wondering if someone could clarify what Elyse meant today in the legal lecture when she said Australia wasn't bound by CROC? I found this link https://www.humanrights.gov.au/publications/australias-commitment-childrens-rights-and-reporting-un that seems to imply that Australia is bound by CROC and it kind of threw me
thank you!!

Thank you for clarifying this, I really appreciate you clearing up something that was confusing! I really didn't explain this clearly enough. Australia has signed and ratified CROC but has some reservations, which is what I was referring to with young offenders in mind.

Here is the reservation:

Reservation:

       "Australia accepts the general principles of article 37.  In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia.  Australia, therefore, ratifies the Convention to the extent that it is unable to comply with the obligation imposed by article 37 (c)."
The source for that is here!


So sorry that I wasn't clear. It is also possible that I accidentally mixed up Australia and America in making a comparison. America has definitely not ratified CROC. Again, so sorry, but also, thanks for coming out and asking!
Let me know if this needs clarifying!
Title: Re: Legal Studies Question Thread
Post by: bethtyso on July 14, 2016, 02:38:00 pm
Hi Elyse, we are now fast approaching trials and i have noticed that the legal studies multiple choice in past papers are all very tricky.  i was just wondering when you answer multiple choice do you have a process in answering them?
Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 14, 2016, 02:49:03 pm
Hi Elyse, we are now fast approaching trials and i have noticed that the legal studies multiple choice in past papers are all very tricky.  i was just wondering when you answer multiple choice do you have a process in answering them?
Thanks

Hey there, welcome to the forums!!  ;D I totally agree with you, they can be really nasty. Multiple Choice really messes with me for subjects like Legal.

For me, the best way to go is process of elimination. Almost always, there are two answers that are not even close to the real answer, and then two that are close. By eliminating the two "distractors," you make your odds 50/50 of getting it correct, which is good odds if you aren't sure!!

I always answer multiple choice questions by eliminating 3 incorrect answers, not picking a single correct one.

Beyond this, be sure to read every question carefully and be sure you have absorbed every bit of information. Use highlighters/underline if it helps you! It is easy to misinterpret under pressure  ;D

I hope this helps!!  ;D ps - let me know if you need any help finding anything around the forums!
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 14, 2016, 11:50:00 pm
Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!  :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 14, 2016, 11:56:53 pm
Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!  :D

Hey!! Welcome to the forums!  ;D

Good question, it was definitely a high profile case, so perhaps the identities were already made public regardless, eliminating the need for a pseudonym? Further, the notion of doll incapax was not applied in this case, both of those individuals were given a life sentence, and it is possible that another consequence of that is that a pseudonym is not to be used in official citations.

Just a couple of ideas, but I am actually not sure!!  ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 15, 2016, 01:29:00 pm
Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!  :D

Excellent question - and I'm glad to see you're using such an awesome case! I've searched around for this A LOT! Jamon is correct in his assumptions, and I have a few other ideas.

Bronson Blessington, since being in jail, has applied through every legal avenue available to him to be released. These have all been lodged as an adult, through the adult court system - so his name is extremely well known.

I asked my dad, just because he was a living, news-reading adult, at the time of the case initially coming to light, and he doesn't seem to recall that the identities were given out until they became adults and applied through legal avenues to have their sentences lessened. But, in saying this, the case has been given citation as you correctly point out, that doesn't abbreviate the names. Jamon's suggestions are as close as possible to what I see to be reality. I wish I could give you a definitive answer, but trust me I've looked!

Just to outline the key points of the case for a legal student:
-Life sentence given to a juvenile
-Served 28 years in prison - could serve 40, 50 more. What does this say about the burden to our system?
-The victim's mother caused an enormous conversation about whether or not we should bring back the death penalty (she thought we should).
-Mitigating circumstances (childhood abuse, mental disability, lack of education) yet he still received a life sentence.
-Blessington was subject to three sentencing procedures that did not even exist at the time of committing the crime.

I think the two best articles on this case are the following:
One: http://www.smh.com.au/interactive/2016/locked-up-for-life/
Two: http://www.smh.com.au/nsw/bronson-blessington-former-dpp-nicholas-cowdery-backs-mercy-for-janine-balding-killer-20160205-gmmrfn.html (the second one is the DPP of the case asking for mercy - so interesting!)

Sorry I can't give you a direct answer. I've looked for it! If you do ever find it, please let me know!
Title: Re: Legal Studies Question Thread
Post by: Jemimared on July 15, 2016, 07:10:27 pm
Hi there, I was wondering how I should go about studying for my legal trials. We have been given 2 possible essay questions in regards to crime.
1) Assess the role of law reform in achieving justice in the criminal justice system.
And
2) Discuss the extent to which the law reflects moral and ethical standards in the criminal justice system.
My trial is on the 1st of August so I have about 2 and a half weeks to prepare. As well as preparing for other trials.
Would it be best to write two essays and memorise them?
Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 15, 2016, 07:36:04 pm
Hi there, I was wondering how I should go about studying for my legal trials. We have been given 2 possible essay questions in regards to crime.
1) Assess the role of law reform in achieving justice in the criminal justice system.
And
2) Discuss the extent to which the law reflects moral and ethical standards in the criminal justice system.
My trial is on the 1st of August so I have about 2 and a half weeks to prepare. As well as preparing for other trials.
Would it be best to write two essays and memorise them?
Thanks

Howdy! I'm personally not a fan of memorisation, you can read why here. However, if you know the questions, then that's totally different; so yes, memorising two essays is the best approach!!

That said, 2 weeks isn't long to perfect and then memorise 2 essays. What I would perhaps consider instead, if you think it wise, is to instead just prepare 2 very comprehensive essay plans. The exact Thesis, the exact topics of each paragraph, and the exact examples you'll use in each paragraph. This will be quicker and easier than memorising the essay, at least IMO  ;D

Don't forget to revise the Crime/Human Rights topics in depth to prepare for those nasty multiple choice, and do a few practice Trial papers if you can!! Practice makes perfect after all  ;D
Title: Re: Legal Studies Question Thread
Post by: Jemimared on July 15, 2016, 08:06:32 pm
Thanks heaps for your advice :) I'll go ahead with the essay plans then. Would I be able to post my essay plans for marking?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 15, 2016, 08:10:53 pm
Thanks heaps for your advice :) I'll go ahead with the essay plans then. Would I be able to post my essay plans for marking?

Yeah for sure!! Hmm, you can pop it in the marking thread, or even just start a new thread for it!! That way it is separate to the essays and we can chat about it as it develops  ;D
Title: Re: Legal Studies Question Thread
Post by: Jemimared on July 15, 2016, 08:11:59 pm
Awesome, will do.
Thanks again.
Title: Re: Legal Studies Question Thread
Post by: jamie anderson on July 16, 2016, 11:26:00 pm
Family Law

Would anyone have LCMs(legislation, case law and media) on family law?

thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 16, 2016, 11:56:37 pm
Family Law

Would anyone have LCMs(legislation, case law and media) on family law?

thanks

Hey! Welcome to the forums!! There are a bunch of Family Law notes available in our FREE Notes section, here is everything we have for Legal Studies! Be sure to check it out for other subjects too, there is a lot there  ;D let me know if you need any help finding things around the forums!  ;D
Title: Re: Legal Studies Question Thread
Post by: hucksteppt on July 19, 2016, 10:51:13 am
Please explain the term double jeopardy
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 19, 2016, 11:38:13 am
Please explain the term double jeopardy

Howdy! Welcome to the forums! Glad to have you, let me know if you need help finding anything, and you may want to come say hey on our HSC 2016 Chit Chat Thread!

Double jeopardy is the idea that, basically, a defendant can't be trialled/charged in regard to the same matter twice. Indeed, this is a notion enshrined in the ICCPR, Article 14:

No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Now Australia has some exceptions to the rule, such as for serious cases where fresh/compelling evidence is brought to light. The details vary by state since reforms which occurred in the 2000's  ;D hope this helps!! Google 'Double Jeopardy NSW' if you want to do a bit more research  ;D
Title: Re: Legal Studies Question Thread
Post by: conic curve on July 19, 2016, 12:04:53 pm
In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)
Title: Re: Legal Studies Question Thread
Post by: brenden on July 19, 2016, 12:09:20 pm
In legal studies, would it be a great idea to go out of syllabus?
Please either rephrase this question, or, if you know you've asked the question exactly as intended, try to consider the answer for yourself and see if you can reach the answer through reasoning based on your current level of knowledge. The latter approach can actually be a great way of learning in VCE/HSC and is crucial in university learning as well.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 19, 2016, 12:31:21 pm
In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)

It is definitely beneficial to go a little beyond the syllabus to develop a rounded knowledge of the content, and even more crucially, give yourself some extra evidence to differentiate your essays and extended responses. This is most beneficial when you go into extra detail on existing dot points. Think studying more deeply, not studying broadly, for maximum benefit. "Beyond" the syllabus is probably  a better way to phrase it than "Outside" the syllabus. For example, don't do detailed study on something not even slightly in the syllabus, that is waste of time  ;D
Title: Re: Legal Studies Question Thread
Post by: EEEEEEP on July 19, 2016, 01:47:35 pm
In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)
Definitely not. It may make your life more difficult and stressful.

It's a waste of time and you have more factors to consider in your questions.
Title: Re: Legal Studies Question Thread
Post by: bethtyso on July 21, 2016, 09:21:16 am
Hi, could you please explain the Smiths v Fields (2012) in Family Law and its significance?
Title: Re: Legal Studies Question Thread
Post by: bethtyso on July 21, 2016, 09:46:10 am
Hi again, in class we were just discussing Dennis Ferguson and my teacher cannot find the law that stated that serial sex offenders can be evicted from public housing. She knows it happened around 2009, could you help us out?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 21, 2016, 10:01:33 am
Hi again, in class we were just discussing Dennis Ferguson and my teacher cannot find the law that stated that serial sex offenders can be evicted from public housing. She knows it happened around 2009, could you help us out?

This is an interesting one! I know about Dennis Ferguson, but not about the housing eviction! I've done some googling. Here is some commentary on the proposed bill in 2009. I think the reason this is so hard to find is because there was enormous media coverage with the proposed bill, then when it passed parliament, but when it was awaiting assent people got bored! I think it is covered in an Amendment to the Housing Act. The piece of legislation is titled: Housing Amendment (Registrable Persons) Act 2009 No 64. You can read the official document about it here! There's a lot of commentary around this that range from all things like "if you abuse a child's right to liberty and freedom from torture, then you're right to housing should be taken away," and then "why is social housing a place for all misfits? Why not tackle pedophilia at a government level before the crime has been committed?" So there's a lot of legal debates (and human rights debates!) surrounding this. This is an interesting one!

Thanks for your question, I can guarantee other people are looking for the same piece of legislation and you've helped out a bunch of people by asking! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 21, 2016, 10:12:53 am
Hi, could you please explain the Smiths v Fields (2012) in Family Law and its significance?

Hi again! I didn't look at this case in detail in Family Law and it's purely because I hated the property settlement side of the syllabus, it's just not my thing! So I don't have extensive notes off the top of my head. But, I've done some trusty googling :) The entire court document is here and if you are planning on using this case as a major case study, I definitely suggest searching through that and looking at the Justice's comments towards the end. I always found some little gold nuggets in court documents. Kane V Kane is a case that comes up everywhere when you are looking at the Smith V Fields case - so consider that into your research as knowledge that contributes to the SMith V Fields case. I think one of the key aspects that the Smith V Fields case highlighted is that the main income driver doesn't always prevail in majority of assets in the case of a split, if the other member of the pair contributed to thinks like family wellness, children, the family business from an administrative point, etc. I think this summarises it:

Commenting on the case, in the Australian of 20 April 2015, well- known family lawyer Paul Doolan noted inter alia that:

“In cases involving high-net-wealth parties who built up their assets together, the fact that one party produced the income during the relationship is not to be seen as more important than the role played by the other in making contributions to the family.”

 ^I got that from here.

The case highlighted very clearly (and recently!) that there is no legislative direction to say that monetary contribution to a couple is more important than nurturing the family welfare and daily running. Essentially, the notion of a "breadwinner" from the 1950s is challenged, because the person providing the largest amount of income doesn't walk away with the most amount of money/assets in a divorce all the time. It definitely is possible, but the law appreciates the contributions that aren't monetary, to a relationship, as well.

An awesome awesome awesome resource on this case is here!. This website has a lot of awesome cases on it, if you are ever in need :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 21, 2016, 01:28:15 pm
Hi legal eagles! If you're looking for cases, or looking for an explanation of a particular case, be sure to check out this website which has a library full of cases. I never knew it existed during my own HSC, but I couldn't not share it, such a great resource!
Title: Re: Legal Studies Question Thread
Post by: jamie anderson on July 21, 2016, 04:27:18 pm
Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask
Title: Re: Legal Studies Question Thread
Post by: Christianbro21 on July 21, 2016, 05:56:59 pm
Hi Elyse :)

I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly  that would be really helpful for my trials in Wk 5.

Thank you! :)

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 22, 2016, 12:08:59 am
Hi Elyse :)

I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly  that would be really helpful for my trials in Wk 5.

Thank you! :)

Hi there! Hang tight - you've given me an idea! I think a lot of students are wondering about the same thing. I'll write an official guide on this tomorrow and send it through to you!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 22, 2016, 12:11:10 am
Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask

Hi there! Tomorrow I'm going to write up a bit of a deconstruction of the core's themes and challenges - but also a discussion of how you should weave them into a response. So this will be helpful for you! And then once we've had a look at that, we can look into Family Law specifically! I'll write this up tomorrow, so hang tight - I'll send you the link to it when it's ready! Thanks for your question! I'm feeling really chuffed that you've brought this up so we can make a cool resource out of it.
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on July 22, 2016, 11:31:17 am
I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 22, 2016, 11:40:44 am
I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!

Hey Lauradf36! I admire your drive to remember a case per dot point, that's intense!!  ;D

I would say that some dot points don't need cases. EG, the first section of crime (Nature of Crime), barely need any cases whatsoever. You want cases for essays and short answer, so you should be remembering cases/laws for the topics that can be asked in essay questions. For each, have a nice selection to pick from for an essay!

I've got my summary sheets for Legal available for download in the notes section, most of the cases I knew for Legal in my HSC are in those notes! I did handwrite a few extra in the week or two beforehand, but it might give you an idea what I recommend!  ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 22, 2016, 04:40:18 pm
I've been compiling a table of cases & legislation etc for legal studies all year, but I had one for each dot point and now have realised that is far too many too remember! Would you recommend just having a few cases you know really well for each section of each syllabus? Also, I have heard the focus is a lot on contemporary cases, would cases from 2016 get more marks than cases from say, 2008? Thanks!

Using a newer case doesn't necessarily guarantee more marks. The reason being, landmark cases only happen once - it's not your fault they don't always happen recently! So use a case for its legal significance over its date. In saying this, if you are talking about a contemporary issue, using the most recent cases and media is going to show the marker you are comfortable with your studies.

Also, just throwing a hypothetical situation out there: You could be asked to write an essay on law reform, which is a theme or challenge in the syllabus. This kind of question would require a lot of landmark case studies! So, the more cases you know, the better. But, if you can pick landmark cases, or cases that apply to various sections of the syllabus - then why not be strategic about it?
Title: Re: Legal Studies Question Thread
Post by: conic curve on July 22, 2016, 09:26:18 pm
A warning is an official notice given to a young offender by an investigating officer, without any conditions attached. The warning is relatively informal – it can be given in any place but the officer must tell the offender the nature, purpose and effect of the warning. A warning cannot be given for an act of violence, a repeat offence or at the discretion of the investigating officer.

In this case are warning's recorded?

If less than 18 years old, then strip search can only be conducted if an independent responsible adult is present; no strip searches permitted for children under 10 years old

What does "strip searches" mean?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 22, 2016, 11:33:43 pm
A warning is an official notice given to a young offender by an investigating officer, without any conditions attached. The warning is relatively informal – it can be given in any place but the officer must tell the offender the nature, purpose and effect of the warning. A warning cannot be given for an act of violence, a repeat offence or at the discretion of the investigating officer.

In this case are warning's recorded?

If less than 18 years old, then strip search can only be conducted if an independent responsible adult is present; no strip searches permitted for children under 10 years old

What does "strip searches" mean?

Yep! According to Section 17 of the Young Offender's Act, the warning is recorded, but it is then destroyed when the person in question reaches the age of 21.

A strip search is a broad term encompassing searches for hidden objects that require removal of some or all of the suspects clothing  :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 23, 2016, 12:15:56 am
Hi Elyse :)

I'm in a middle of understanding the "Themes and Challenges" which is really important according to my teacher.
The topics are Crime, Human Rights, Consumers and Family Law
I'm quite confused with most of them, especially the Crimes and Human Rights.. If you could explain them to me briefly  that would be really helpful for my trials in Wk 5.

Thank you! :)

Hey there! Head over here to see how I broke down the Crime and Human Rights themes and challenges. It's super simple, so if you have any questions to flesh it out more, definitely ask! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 23, 2016, 12:19:55 am
Hi, im preparing for my trials and in the syllabus the themes and challenges are generally the points of discussion for family questions ( following trend) however im stuck on how i would weave the syllabus points into these themes and challenges for example i was looking at past 2012 paper where it was discuss whether the courts deliver justice for families, what exactly would i talk about ? and for the rest of the themes and challenges how would i study them. Thanks, and sorry if this is a big ask

Hey! Take a look at this themes and challenges resource I just whipped up to explain how subtly you can include them for big results.

As for the courts achieving justice for families:
There are lots of things to discuss here. The first that comes to mind is divorce or separation - money, assets, parenting orders, the length of the divorce process, etc. And in each of those, discuss the two parties, and then perhaps the children. Talk about the court back log, the accessibility to all parties, and you can even argue that a lot of justice achieved in families happens outside of the court, in mediation!
Title: Re: Legal Studies Question Thread
Post by: conic curve on July 23, 2016, 03:10:17 pm
Yep! According to Section 17 of the Young Offender's Act, the warning is recorded, but it is then destroyed when the person in question reaches the age of 21.

A strip search is a broad term encompassing searches for hidden objects that require removal of some or all of the suspects clothing  :)

Serious questions here but:

So if you're 18 or over, it will never get destroyed?

Does strip search include taking off a person's clothing which covers up their private genitals (this is a serious question by the way)?
Title: Re: Legal Studies Question Thread
Post by: green-jake on July 23, 2016, 03:18:01 pm
Hey,

For legal studies one of my options is consumers. I was struggling with an essay question on law reform as I wasn't sure how to structure it. Whether I talk about the ACL and about deceptive misealing advertising etc... and then go one to talk about the Spam act 2003. Or whether i dont talk about specific laws the entire essay but rather refer to the need for law reform etc..
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on July 23, 2016, 04:11:24 pm
Question on international crime/human rights: are people smuggling & human trafficking the same thing? Or could you use similar evidence if they are different?
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 23, 2016, 10:51:22 pm
Question on international crime/human rights: are people smuggling & human trafficking the same thing? Or could you use similar evidence if they are different?

Hey,
These two issues are very easy to get mixed up.

Whilst they are similar; human trafficking is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Whereas, people smuggling is the illegal transportation of people across borders, where people voluntarily pay a fee to the smuggler, then are usually free to continue on their own after arrival in the hope of starting a new life.

So really, the key differences is that people smuggling usually is a bit more voluntary that trafficking. Also in the rare occasions that they make it to their destination; those that are people smuggled are usually free to continue on their life; whereas those that are trafficked are exploited or forced into labour service.

Whether the evidence is applicable or not, depends entirely on what kind of evidence it is. For example people smuggling is prohibited  under the Migration Act 1958 (Cwlth) whereas human trafficking is concerned with the Criminal Code Act 1995 (Cwlth).
Title: Re: Legal Studies Question Thread
Post by: jamie anderson on July 23, 2016, 10:53:25 pm
I was wondering if anyone has any essay questions on the 1st part of consumer law as we have not covered the whole thing in class and our trials will be a question on the nature of consumer law

Thanks !
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on July 24, 2016, 11:58:01 am
I was wondering if anyone has any essay questions on the 1st part of consumer law as we have not covered the whole thing in class and our trials will be a question on the nature of consumer law

Thanks !

I had something similar for one of my tests, our question was
Outline the developing need for consumer protection and examine the effectiveness of the law in dealing with unfair consumer goods and services contracts

Hope this helps!
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on July 24, 2016, 12:27:30 pm
I previously asked about my assignment on here and I need some more help!

outline TWO human rights that are breached regarding the issue - 5 marks

I'm talking about how Australia deals with asylum seekers in regards to detention centers.

Article 14 - Everyone has the right to seek and enjoy in other countries asylum from persecution - this right would make the most sense to talk about but I'm not exactly sure how Australia breaches this right
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on July 24, 2016, 01:13:45 pm
Hey,
These two issues are very easy to get mixed up.

Whilst they are similar; human trafficking is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Whereas, people smuggling is the illegal transportation of people across borders, where people voluntarily pay a fee to the smuggler, then are usually free to continue on their own after arrival in the hope of starting a new life.

So really, the key differences is that people smuggling usually is a bit more voluntary that trafficking. Also in the rare occasions that they make it to their destination; those that are people smuggled are usually free to continue on their life; whereas those that are trafficked are exploited or forced into labour service.

Whether the evidence is applicable or not, depends entirely on what kind of evidence it is. For example people smuggling is prohibited  under the Migration Act 1958 (Cwlth) whereas human trafficking is concerned with the Criminal Code Act 1995 (Cwlth).

Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on July 24, 2016, 01:36:13 pm
Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?
If I may intervene, I would assume human trafficking is considered a transnational crime because it involves a crime crossing international borders.
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 24, 2016, 06:34:05 pm
Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?

Hey there,

To some extent human trafficking is considered as a transnational crime as it originates in one country and is completed or injury occurs in another country. Like most transnational crimes, it is undermined by jurisdictional issues and state sovereignty which limit the effectiveness of attempts to address it.

However, it should be noted that humans can still be trafficked within borders. Thus it is not always a transnational crime. This type of trafficking is far easier to address - Thanks to Elyse who picked up my mistake

There haven't been many cases for human trafficking in Australia, only for slavery/slavery like conditions:
R v Tang (2009) HCA and R v Chee Mei Wong (2013) NSWDC --> these cases are both concerned with slavery and debt bondage however they do link to human trafficking as they both recruited and trafficked women from other countries to be used as labour in Australia.

With people smuggling:
Ali Khorram Heydarkhani case is quite good as it shows successful prosecution of people smugglers
http://www.theaustralian.com.au/news/nation/people-smuggler-ali-khorram-heydarkhani-jailed-14-years-over-christmas-island-tragedy/story-e6frg6nf-1226500828127

Sydney Law review has a good report on some of the prosecutions surrounding people smuggling although it is only up til 2014
https://sydney.edu.au/law/slr/slr_38/slr38_1/SLRv38n1SchloenhardtCraig.pdf

Commonwealth DPP also has lots of great information regarding cases and law reform about people smuggling
https://www.cdpp.gov.au/crimes-we-prosecute/people-smuggling

If you can find some non-legal responses i.e. charities, NGO's (Red Cross, Amnesty International, Human Rights Watch) and see what kind of response they have had to this issue; that would also work well.

Good luck, hope I have been of some help :)
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on July 24, 2016, 06:45:46 pm
Thanks so much, you're a life saver!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 24, 2016, 10:19:12 pm
Hey,

For legal studies one of my options is consumers. I was struggling with an essay question on law reform as I wasn't sure how to structure it. Whether I talk about the ACL and about deceptive misealing advertising etc... and then go one to talk about the Spam act 2003. Or whether i dont talk about specific laws the entire essay but rather refer to the need for law reform etc..

Hey! Keep in mind that I didn't study consumer law - but I have an idea that might work for you. You have a choice about how you want to approach this. You can break your essay into sections that respond to the three different reasons for law reform (from the preliminary syllabus). So, you can break your essay into the reasons for law reform being: new concepts of justice, changing social values and new technology. Then fit some law reform in accordingly. This is a more abstract approach.

Otherwise, you could talk about major areas in consumer law, or rather, major issues, that have called for law reform, like spam.

OR, similar to this last one, you could dedicate a paragraph to each of the law reforms that you want to focus specifically on. This way you can get away with your essay's arguments being more all over the place, rather than in a particular order, like the first suggestion would require.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 24, 2016, 10:20:21 pm
Hey,
These two issues are very easy to get mixed up.

Whilst they are similar; human trafficking is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Whereas, people smuggling is the illegal transportation of people across borders, where people voluntarily pay a fee to the smuggler, then are usually free to continue on their own after arrival in the hope of starting a new life.

So really, the key differences is that people smuggling usually is a bit more voluntary that trafficking. Also in the rare occasions that they make it to their destination; those that are people smuggled are usually free to continue on their life; whereas those that are trafficked are exploited or forced into labour service.

Whether the evidence is applicable or not, depends entirely on what kind of evidence it is. For example people smuggling is prohibited  under the Migration Act 1958 (Cwlth) whereas human trafficking is concerned with the Criminal Code Act 1995 (Cwlth).

Spot on!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 24, 2016, 10:22:58 pm
Thanks so much! So would human trafficking still be considered a transnational crime? Or what cases/evidence would you suggest for people smuggling otherwise?

Humans can be trafficked within borders - but the syllabus definitely focuses on the trafficking of humans between borders in the transnational crime section of the syllabus :)

Check out the case: R V Tang 2009
There's a lot of commentary about this case, and also commenting on human trafficking beyond the case as well!
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 24, 2016, 10:45:55 pm
Humans can be trafficked within borders - but the syllabus definitely focuses on the trafficking of humans between borders in the transnational crime section of the syllabus :)

Check out the case: R V Tang 2009
There's a lot of commentary about this case, and also commenting on human trafficking beyond the case as well!

Omg, yes I totally forgot that human trafficking can occur domestically. Sorry for that, it slipped my mind. Was too focused on the international aspect of it. Thanks for picking up on that :)
Title: Re: Legal Studies Question Thread
Post by: n.cummins on July 25, 2016, 02:28:03 pm
Hi! Just wondering if anyone could give me any cases that establish the common law definition of motherhood? Thanks in advance.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 25, 2016, 03:27:01 pm
Hi! Just wondering if anyone could give me any cases that establish the common law definition of motherhood? Thanks in advance.

Hey there! Welcome to the forums! Let me know if you need any help finding anything, happy to have you around  ;D

I'm not sure of a case specifically that defines the common law definition of motherhood, that's heavily rooted within the FLA. That said, I know of a Family Court case, Re: Michael (2009), that is a great modern example of those laws being applied. This article might be worth a read  ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 25, 2016, 07:23:35 pm
Omg, yes I totally forgot that human trafficking can occur domestically. Sorry for that, it slipped my mind. Was too focused on the international aspect of it. Thanks for picking up on that :)

Hey no problem! The focus is vastly on trafficking between borders, so you're not wrong in what you said! :)
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on July 25, 2016, 07:56:19 pm
Hi was wondering if i could get help with understanding the difference between preferential and proportional voting system
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on July 25, 2016, 09:25:26 pm
Hey Elyse,

Hope you are well :)

I found this Human Rights question in a past paper and I wasn't sure how I should answer it:

With Reference to examples, outline how common law protects human rights within Australia?

Do common law examples just mean to reference cases?

Thanks heaps :)
Title: Re: Legal Studies Question Thread
Post by: Essej on July 25, 2016, 09:35:37 pm
Hey Elyse,

Hope you are well :)

I found this Human Rights question in a past paper and I wasn't sure how I should answer it:

With Reference to examples, outline how common law protects human rights within Australia?

Do common law examples just mean to reference cases?

Thanks heaps :)

Hi Angie, I might be able to help here!

I just finished the 2014 CSSA legal trial and found the question I believe you're asking, is it Question 23 (5 Marks)?

In regards to examples i don't believe cases are completely necessary but you can use them to show an enaction of how common law protects rights.

We know that common law is judge-made law, so that encompasses things like procedural fairness and its stipulated right to a fair trial which I used in my answer. You could use a case here I suppose (I used R v. Wood (2008) and the retrial ordered by the judge due to juror misconduct) to display how common law can prevent the abuse of the human rights and the right to equality, especially before the law.

Hope this helps!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 25, 2016, 11:15:45 pm
Hi Angie, I might be able to help here!

I just finished the 2014 CSSA legal trial and found the question I believe you're asking, is it Question 23 (5 Marks)?

In regards to examples i don't believe cases are completely necessary but you can use them to show an enaction of how common law protects rights.

We know that common law is judge-made law, so that encompasses things like procedural fairness and its stipulated right to a fair trial which I used in my answer. You could use a case here I suppose (I used R v. Wood (2008) and the retrial ordered by the judge due to juror misconduct) to display how common law can prevent the abuse of the human rights and the right to equality, especially before the law.

Hope this helps!

Love the answer Essej! All of these would be excellent to include, I do disagree a tad though, a case would be essential here in my opinion, especially given that the question states 'with reference to examples.' Common law is precedent, set by prior cases, so including a case which forms part of this precedent would be a necessary inclusion, R v Wood (2008) being a fantastic one to use ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 25, 2016, 11:23:30 pm
Hi was wondering if i could get help with understanding the difference between preferential and proportional voting system

Oooh, I remember studying this properly in Prelim, but my memory is hazy. Try this resource, it might help better than me!!  ;D
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on July 26, 2016, 12:00:55 pm
Love the answer Essej! All of these would be excellent to include, I do disagree a tad though, a case would be essential here in my opinion, especially given that the question states 'with reference to examples.' Common law is precedent, set by prior cases, so including a case which forms part of this precedent would be a necessary inclusion, R v Wood (2008) being a fantastic one to use ;D

Thanks so much Essej and Jamon :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 26, 2016, 01:11:16 pm
Thanks so much Essej and Jamon :)

I'm late to the party...but I agree with all of the above :P
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 26, 2016, 04:50:08 pm
ATT: Your Young Offenders study notes need to incorporate what is happening at the moment! Last night, Four Corners exposed atrocities in a Northern Territory Juvenile Detention Centre. Malcolm Turnbull called for a Royal Commission first thing this morning! This is the biggest thing to happen in Young Offenders this year! Watch the Four Corners episode if you can - it's available online. And then read the commentary surrounding it.
Title: Re: Legal Studies Question Thread
Post by: jamie anderson on July 26, 2016, 05:28:00 pm
Hey guys how would i prepare for the essays in my trials as in what should i remember etc i know i have to remember case law/media articles and legislation however since there is so much stuff to remember i feel overwhelmed and not sure what to do.

Thanks
Title: Re: Legal Studies Question Thread
Post by: anniez on July 26, 2016, 05:31:49 pm
Hi! I was wondering if you could please help me with this human rights question?

'Outline how human rights have changed and developed over time.' (4 marks)
 
What I'm thinking is focusing on a particular human rights like freedom from slavery then focus on the developments for that particular right with reference to international and domestic legislations. How much information  and what crucial points would we need to incorporate for this question? :)
Title: Re: Legal Studies Question Thread
Post by: shazzzzzz on July 26, 2016, 05:50:10 pm
The Australian Human Rights Commission is a legal response (not non-legal) right?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 26, 2016, 06:08:05 pm
Hey guys how would i prepare for the essays in my trials as in what should i remember etc i know i have to remember case law/media articles and legislation however since there is so much stuff to remember i feel overwhelmed and not sure what to do.

Thanks

It definitely is really overwhelming to study for legal! I found it the most overwhelming subject to study for. I suggest that you start with the themes and challenges to get your brain into gear. You can find a resource on the core themes and challenges here

My way of studying was actually writing out my study notes, for like, the second or third time. So I mean, I had study notes, but I'd hand write new ones on palm cards or larger paper. So I'd go through each and every dot point and write out all that I knew. I know it sounds tedious, but it meant that I learnt the syllabus in chronological order, which helped with memorising the syllabus itself, and it also meant that nothing was left out of my study.

Alternatively, if you are struggling with a particular section or dot point, I think you should focus considerable energy on making sure that is up to scratch. It's better to focus on a struggle point rather than re-enforce something that you know quite well. If an essay was asked on what you know quite well, you could do it! If a question was asked on what you're struggling with, you'll be kicking yourself for not focusing on that in your study time.
Title: Re: Legal Studies Question Thread
Post by: leila_ameli on July 26, 2016, 08:26:11 pm
Heyyyyy

Just wondering do you have any tips on how i should structure my 25 marker crime essay if the topic is on issues of compliance and non-compliance in regard to criminal law
 :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 26, 2016, 08:29:02 pm
Hi! I was wondering if you could please help me with this human rights question?

'Outline how human rights have changed and developed over time.' (4 marks)
 
What I'm thinking is focusing on a particular human rights like freedom from slavery then focus on the developments for that particular right with reference to international and domestic legislations. How much information  and what crucial points would we need to incorporate for this question? :)

Hey anniez! Welcome to the forums!  ;D let me know if you need any help finding anything :)

I like your approach to this question! However, this asks about the development of human rights in general, so you would also need to discuss some broader points:
- 1st, 2nd and 3rd Generation Rights w/ Examples
- The United Nations and the UDHR
- ICCPR and ICESCR

You can also talk about the historical development of rights, but my interpretation would be that it requires both, you'd need to cover general and then specific.

That said, this is an outline question. You don't need much information here, you just need to sketch in general terms. I'd approach it something like this:

- Human rights historically (bring in your slavery examples)
- United Nations and 1st Generation Rights
- 2nd Generation Rights
- Collective Rights
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 26, 2016, 08:35:59 pm
The Australian Human Rights Commission is a legal response (not non-legal) right?

Sure is! Legislated in the: Australian Human Rights Commission Act 1986
Title: Re: Legal Studies Question Thread
Post by: itswags98 on July 26, 2016, 10:21:54 pm
Heya!!

Hope you remember me from last time! hehe. anyways. My original legal teacher has been replaced with a new teacher that in my opinion is a VERY harsh marker. i received 68% on the assessment task i submitted (still like 12%) above the next mark in class. My question is, should i push further to get more marks? Some of the feedback doesnt really make that much sense. For example, i was marked down for using a 2003 case for a DESCRIBE question as that it was apparently too 'old'. This did not require a judgement.
That said, im first ranked in the class ( by like 15%) is it worth it to pursue the extra marks? or should i just let it go?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 26, 2016, 10:34:36 pm
Heya!!

Hope you remember me from last time! hehe. anyways. My original legal teacher has been replaced with a new teacher that in my opinion is a VERY harsh marker. i received 68% on the assessment task i submitted (still like 12%) above the next mark in class. My question is, should i push further to get more marks? Some of the feedback doesnt really make that much sense. For example, i was marked down for using a 2003 case for a DESCRIBE question as that it was apparently too 'old'. This did not require a judgement.
That said, im first ranked in the class ( by like 15%) is it worth it to pursue the extra marks? or should i just let it go?

This is a really tough situation. I think you should approach your teacher and specifically challenge them on a few things, in a constructive and polite way of course. But, even though you want to be respectful, it doesn't mean that you can't actually say that you think you deserve more marks. Even though your rank is great, you want your assessment mark to also be great. If the teacher is defensive, dismissive, etc, then I would consider taking it to a curriculum authority in your school. Because that kind of dismissive tone usually means that a teacher feels threatened (this applies to people in your life everywhere, not just teachers), which potentially means you are correct in your suggestions. Of course, we hope that your teacher is really kind and dedicated and will respond well to your request for clarification. If that's the case, then even if you don't gain the extra marks, you're likely to receive valuable feedback. I don't think a 2003 case is too old for a describe question if the case has unparalleled importance. But, this could just be your teacher pushing you to find even newer stuff, so that even the most simple of questions reflect a very modern understanding of the legal system.

There's usually method behind the madness ;) Always try and keep a great relationship with your teacher!
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on July 27, 2016, 08:56:03 am
Here's a quickie: is UNICEF a legal or non-legal response??
Title: Re: Legal Studies Question Thread
Post by: Deng on July 29, 2016, 01:17:33 pm
Quick question, how would i study for the family unit and also how would i answer this question

Explain why the emphasis placed on the best needs of the child by family legislation is a reflection of the rule of law?

Rule of law means procedural fairness and no one is above the law to me but how does the emphasis placed on the best needs of the child a reflection of this ?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 29, 2016, 02:32:26 pm
Here's a quickie: is UNICEF a legal or non-legal response??

Hey Lauradf36! Bit of a tricky one, but I would say it is a non-legal response, it's work is primarily humanitarian relief and not focused on the adaptation, application or formulation of law, so, non-legal!  ;D
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on July 29, 2016, 05:39:47 pm
Hey Lauradf36! Bit of a tricky one, but I would say it is a non-legal response, it's work is primarily humanitarian relief and not focused on the adaptation, application or formulation of law, so, non-legal!  ;D

Ty! That's what I had it under in my notes, but I know it is part of the UN too, so I wanted to check!
Title: Re: Legal Studies Question Thread
Post by: Elenaa on July 30, 2016, 01:21:20 am
Hi !

So i wanted to use the recent four corners footage of the juvenile detention centres (http://www.smh.com.au/federal-politics/political-news/legal-action-against-nt-government-to-be-stepped-up-following-four-corners-footage-20160726-gqe4sb.html) as a media article, but i'm not quite sure how to integrate it into my argument. Like do i talk about the ineffectiveness of the legal system (penalties for children) when dealing with young offenders?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 30, 2016, 10:25:12 am
Hi !

So i wanted to use the recent four corners footage of the juvenile detention centres (http://www.smh.com.au/federal-politics/political-news/legal-action-against-nt-government-to-be-stepped-up-following-four-corners-footage-20160726-gqe4sb.html) as a media article, but i'm not quite sure how to integrate it into my argument. Like do i talk about the ineffectiveness of the legal system (penalties for children) when dealing with young offenders?

Good to see you are using this! So, if you wanted to talk about how the juvenile detention centres may not actually increase the levels of a seamless integration back into society, (or rehabilitation, as a purpose of punishment) then you could say "As Four Corners revealed in July of 2016 in their exposure of the Don Dale detention centre...."

There's also a lot of very impressive commentary surrounding this available online. So you may only use the documentary as a way of grounding your argument in reality, you may use the other articles available as a way of evaluating what is happening in Don Dale.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 30, 2016, 10:26:49 am
Quick question, how would i study for the family unit and also how would i answer this question

Explain why the emphasis placed on the best needs of the child by family legislation is a reflection of the rule of law?

Rule of law means procedural fairness and no one is above the law to me but how does the emphasis placed on the best needs of the child a reflection of this ?

I would take it to essentially mean that historically, children were overlooked for their special needs in legislation. Children were treated as adults, or they were swept under the rug altogether. Here, the question is acknowledging that they have special needs to be considered and children should not be swept under the rug when dealing with family issues, hence the rule of law applies. :)
Title: Re: Legal Studies Question Thread
Post by: Deng on July 30, 2016, 02:26:25 pm
Hey guys was wondering if anyone had some notes on bail ( its reforms and such )

Thanks
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 30, 2016, 03:14:53 pm
Hey guys was wondering if anyone had some notes on bail ( its reforms and such )

Thanks

Hey Deng! Have a look over in the downloadable notes section here! You might find some stuff throughout the notes in there :)
Title: Re: Legal Studies Question Thread
Post by: conic curve on July 31, 2016, 04:57:23 pm
How should I answer this question in order to ensure I get full marks (25 marks total)

Describe and evaluate the role of alternative dispute resolution methods in settling conflicts and encouraging cooperation in society

I know I must refer to mediation, arbitration, etc but what else would I need to refer to?

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 31, 2016, 07:24:48 pm
How should I answer this question in order to ensure I get full marks (25 marks total)

Describe and evaluate the role of alternative dispute resolution methods in settling conflicts and encouraging cooperation in society

I know I must refer to mediation, arbitration, etc but what else would I need to refer to?

Thanks

That will essentially be the core of the response! You could be trickier and compare it with the role of the court system in settling conflicts, add your own dimension to it, which would then add that extra dimension to what you need to discuss. Kind of like "Yeah, mediation does this, but courts do it better" or "Arbitration does this, it's better than court processes," etc etc  :)

That said, you've nailed the main parts of it. Be sure that you are making consistent judgements with regard to what you are discussing ('ineffectively, effectively, inefficiently' those sorts of adverbs) and incorporating as many Laws, Cases, Media, Statistics and Reports as possible to form a broad body of evidence  ;D
Title: Re: Legal Studies Question Thread
Post by: Bparker on August 02, 2016, 01:44:55 pm
Hi guys!
I was wondering whether you think it would be worth trying to construct arguments around the themes and challenges for the nature of crime? It seems to me that most of the multiple choice questions are drawn from this section, but not any essay questions!
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 02, 2016, 02:08:33 pm
Hi guys!
I was wondering whether you think it would be worth trying to construct arguments around the themes and challenges for the nature of crime? It seems to me that most of the multiple choice questions are drawn from this section, but not any essay questions!
Thanks :)

Hey BParker!! ;D the Nature of Crime is very much a dot point about establishing foundations, setting you up with some terminology, etc etc. It isn't the focus of any essay questions simply because:

a) Such an essay would be boring
b) There isn't enough there to discuss objectively, it would just be regurgitating facts

So it isn't worth it (in my opinion) to prepare anything for an essay in that area, you can essentially ignore it beyond the Multiple Choice section  ;D is that what you meant by your question? If you are referring to the Themes and Challenges in general then this article might be worth a read!
Title: Re: Legal Studies Question Thread
Post by: Bparker on August 02, 2016, 02:23:26 pm
Hey BParker!! ;D the Nature of Crime is very much a dot point about establishing foundations, setting you up with some terminology, etc etc. It isn't the focus of any essay questions simply because:

a) Such an essay would be boring
b) There isn't enough there to discuss objectively, it would just be regurgitating facts

So it isn't worth it (in my opinion) to prepare anything for an essay in that area, you can essentially ignore it beyond the Multiple Choice section  ;D is that what you meant by your question? If you are referring to the Themes and Challenges in general then this article might be worth a read!

Yep that's what I meant, thanks for clarifying that! Saves some of the work load haha ... :)
Title: Re: Legal Studies Question Thread
Post by: cjrig on August 02, 2016, 05:42:04 pm
Hi, I was just wondering what is the proper way to refer media articles in an essay? Do I write the whole title, the date and the publisher?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 02, 2016, 08:51:56 pm
Hi, I was just wondering what is the proper way to refer media articles in an essay? Do I write the whole title, the date and the publisher?

Hey cjrig!! Welcome to the forums  ;D

You can vary a little bit, but in general you will want all of that information in some form, so for example:

Articles such as "This is a Newspaper" (Sydney Morning Herald, 2016) indicate that newspapers produce articles.

You can also cite quotes from media articles in this manner:

Chief Justice Bob Bobinson weighed in on the issue, saying "Yes, newspapers definitely write articles" (Sunday Telegraph, 2016).

I hope this helps!  ;D
Title: Re: Legal Studies Question Thread
Post by: cjrig on August 02, 2016, 09:23:44 pm
Hey cjrig!! Welcome to the forums  ;D

You can vary a little bit, but in general you will want all of that information in some form, so for example:

Articles such as "This is a Newspaper" (Sydney Morning Herald, 2016) indicate that newspapers produce articles.

You can also cite quotes from media articles in this manner:

Chief Justice Bob Bobinson weighed in on the issue, saying "Yes, newspapers definitely write articles" (Sunday Telegraph, 2016).

I hope this helps!  ;D

Thanks! Just got one more question.

So it would be okay if I use a quote without stating the title like you did in that Chief Justice quote? It would relieve some pressure as it can be a bit hard memorizing so many article titles!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 02, 2016, 09:51:07 pm
Thanks! Just got one more question.

So it would be okay if I use a quote without stating the title like you did in that Chief Justice quote? It would relieve some pressure as it can be a bit hard memorizing so many article titles!

Yes, that is absolutely fine, you are quoting the source of your information so that is 100% fine ;D
Title: Re: Legal Studies Question Thread
Post by: bethtyso on August 04, 2016, 10:12:49 am
Hi, could i just have a quick explanation of jus cogens in relation to international crime?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 04, 2016, 10:21:38 am
Hi, could i just have a quick explanation of jus cogens in relation to international crime?

Hey! A peremptory norm (which is also called, as you say, jus cogens) is a fundamental principle of international law, so inherent that it is accepted by all nation states as a norm, and no derogation from it is permitted. There is no formal, set list of these things, but it is fair to say that prevention of genocide is an example, as is abolishment of slavery  ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 04, 2016, 10:31:53 am
Hi, could i just have a quick explanation of jus cogens in relation to international crime?

Jus cogens are the principles of international law that cannot be set aside, they are ingrained in the international customary law. Sometimes people call it a "peremptory norm." So it kind of is like how you don't date your best friend's ex - it isn't written down anywhere but everyone accepts it. Where it differs in international law, is that sometimes it is written down. So you would say that genocide, slavery, maritime piracy, and torture, are all not permitted according to jus cogens. But, of course, these examples are also written in pieces of international law. So it's kind of like, the collective things that each country accepts because they are morally true. The right to self determination is also included in jus cogens - so it's not just about things you can't do, but also about human rights as well. Hope that helps! :)
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on August 04, 2016, 07:18:53 pm
Hi. At school we have to compare the US electoral system with Australia's
but I'm confused on how the preselection of candidates works for both countries?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 05, 2016, 12:08:56 am
Hi. At school we have to compare the US electoral system with Australia's
but I'm confused on how the preselection of candidates works for both countries?

Argh the US system is weirrdddd! Super-electorates and pre-selection and all sorts of nonsense... It's complicated. I don't get it. Ahahaha! That said, if you Google 'US Presidential Election Explained,' you'll get a heap of resources designed just for that very purpose ;D

The Australian system is a little easier to understand and is handled by the party itself through various means. Pretty much, each party has the right to choose its own candidate by whatever means it likes. Usually it takes the form of a pre-ballot or a vote in the local area.

Some more detail can be found here! It tells you everything you need to know  ;D
Title: Re: Legal Studies Question Thread
Post by: bethtyso on August 06, 2016, 10:00:36 am
Hi, i was just wondering what role did the extradition treaty play in the Bali Nine Case?
Thanks  :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 06, 2016, 02:27:04 pm
Hi, i was just wondering what role did the extradition treaty play in the Bali Nine Case?
Thanks  :)

Hey there!

So the Extradition Treaty didn't play a huge role in the Bali Nine Case, specifically, the arrest and subsequent execution of Andrew Chan and Myuran Sukumaran. Instead, that was the Federal Police Act, which enabled the AFP to alert Indonesian authorities to the smugglers, which lead to them being arrested in Indonesia. The argument is that the arrest should have been made here instead of in Indonesia, where the men would not have been executed.

Australia and Indonesia do have an extradition agreement. However, that requires mutual agreement to extradite. The crime took place in Indonesia, and so, Indonesia trialled and prosecuted the duo under Indonesia Law. The Australian government did not pursue extradition, and indeed, Indonesia were likely not to have cooperated anyway.

That's a little bit of a run down of my knowledge of the case, there will definitely be more if you do some research! ;D hope this helps!

Title: Re: Legal Studies Question Thread
Post by: naeza98 on August 07, 2016, 01:45:31 pm
Hi i was just wondering how you studied for the contemporary human rights issue? the issue i studied is human trafficking and while the textbooks have lots of information regarding the legal and non legal responses to the issue, the HSC questions dont typically ask for the effectiveness of these responses and i when i'm practicing past hsc questions i find that i don't have any information to answer the questions.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 07, 2016, 02:17:51 pm
Hi i was just wondering how you studied for the contemporary human rights issue? the issue i studied is human trafficking and while the textbooks have lots of information regarding the legal and non legal responses to the issue, the HSC questions dont typically ask for the effectiveness of these responses and i when i'm practicing past hsc questions i find that i don't have any information to answer the questions.

The cool thing about this section of the syllabus is that you get to choose something that you really enjoy. For me, it was more practical to learn about specific cases, and then analyse how the legal and non-legal responses worked for that particular case. So I probably had about 3 or 4 cases of trafficking (I did it too!) and worked on them for my study notes. However, I really only used R V Tang in any of my responses about it. It's also important to know the statistics for something like trafficking! The stats are out there and are available. Try get the most updated stats and they'll work in nearly any human rights response, it's as simple as embedding it into a sentence.

Reading articles about human trafficking is also extremely helpful. There are TONNES online. Particularly, commenting by UN staff is very valuable :)
Title: Re: Legal Studies Question Thread
Post by: abradley on August 07, 2016, 10:31:28 pm
Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 07, 2016, 10:57:48 pm
Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx

Hey there! I'm afraid I'll be a rotten help on ineffectiveness of property division, I didn't frame my arguments that way for the HSC. That said, the case of Marks & Xander (2016) might be worth a look, it deals with property division and financial agreements, but it is for a De-Facto relationship, could still be useful ;D

Historically, divorce proceedings were rotten before the Family Law Act was introduced (along with 'no fault' divorce), and along with this came extremely ineffective property distribution. You could consider changes over time which have improved effectiveness?

Hmm, that's about all I have for ineffectiveness off the top of my head actually... You can tell Family Law was my weaker option ;) I hope even these couple of ideas give you some launching points!

In terms of linking to criteria (efficiency, accessibility, etc), just do it in a way that feels natural. Do YOU think that the response is too slow? Write that. Do YOU think that the response only favours the wealthy? Argue that it is inaccessible. Just think about what you personally consider as the issue with the response, why do YOU think it is ineffective? Links to the criteria will come implicitly from there, including them is secondary to arguing a point validly, and that is best done by taking your own critical, evaluative approach ;D

Edit: Oh, also definitely make it clear that independent property settlement agreements are WAY better than those imposed by the Family Court. Over 90% of property settlements are conducted independently of the courts, because court is:

a) Expensive
b) Slow
c) Probably will achieve a worse outcome than just talking about it would
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 08, 2016, 07:56:58 pm
Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx

I wouldn't talk about the division of property without talking about the division of assets and finances as a whole - the main reason being that I just don't know enough about the division of property on its own! So, everything Jamon said, I agree with. I was particularly interested in the court looking at contributions to a marriage outside of finance. There are a bunch of cases that swung different ways about it. It's broader than property division, but still encompasses it?

Are you considering during a separate paragraph on finance division? Or are you planning to fuse them?

Interesting articles:

Divorced mums the financial losers: http://thehoopla.com.au/women-financial-losers-divorce/


And this FCA page details some really good responses to the asset and finance division questions: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/property-and-finance/property-and-money-after-separation/property-and-finances-after-separation
Title: Re: Legal Studies Question Thread
Post by: Deng on August 14, 2016, 12:02:18 am
Hey guys, i was wondering what are the best ways to study for option topics?

Thanks
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 14, 2016, 02:05:48 pm
Hey guys, i was wondering what are the best ways to study for option topics?

Thanks

In the options, I definitely showed bias towards the sections that were most interesting to me. In family law, I wanted to avoid birth technologies and wanted to focus on DV and same-sex relationships. Naturally, I spent more time with my preferred sections (which paid well when the exam question in the HSC was on DV!). The way that I made the other sections of the syllabus in the options more interesting was through studying cases and media. I let the cases be my vehicle for learning essentially, because it made things interesting.

When it came to my final study for the HSC exams, I wrote a page of notes for each dot point. Just one page, I wouldn't let it go over. And I used colours and textas and then I laminated the sheet in the end. I'd wrote a few notes of the things that come to mind immediately, then I'd write down some cases, media articles, stats and facts, general content, legal and non legal responses, and relevant legislation or treaties. I'd organise it in boxes or titles on the page and it ended up being a really useful tool for the last minute study, because they were so succinct. So, that was my approach! I wasn't so much about looking at past papers and guessing the trends for the options as I was for crime, and I don't know for sure why that is but it just didn't seem to be the most effective way for me to study. So for me, I found my interest in cases, and then I organised my study notes in that per page dot point summary :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 14, 2016, 04:32:47 pm
Hey guys, i was wondering what are the best ways to study for option topics?

Thanks

Hey Deng! In general, on top of what Elyse has suggested, this article might give you a few more ideas of things to try! ;D
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on August 14, 2016, 06:43:58 pm
Hey i thnk a while back Jamon wrote a post on how he reccomends studying for legal, can anyone link it for me!
Thankyou
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on August 14, 2016, 06:59:59 pm
Hey
I was just thinking about the exam, and the section that most scares me is crime! it has the most marks in it, but i have no idea how to study for it. Do i need a law and case for every dot point? the trials Crime question has really scared me, and im just not sure how to make sure im ready for any crime question they throw at me. If they ask broader questions like Young offendes, international crime etc, but if they get really specific like they did in trials im lost.
any help would be greatly appreciated :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 14, 2016, 07:53:43 pm
Hey
I was just thinking about the exam, and the section that most scares me is crime! it has the most marks in it, but i have no idea how to study for it. Do i need a law and case for every dot point? the trials Crime question has really scared me, and im just not sure how to make sure im ready for any crime question they throw at me. If they ask broader questions like Young offendes, international crime etc, but if they get really specific like they did in trials im lost.
any help would be greatly appreciated :)

Hey i thnk a while back Jamon wrote a post on how he reccomends studying for legal, can anyone link it for me!
Thankyou

Heya! Check out these here.
This is Jamon's guide on how to get a band 6 (involves study tips!).
Here is a guide to the course, which I think you'll find really useful for your question about crime scaring you!
Here is the guide for how to study.
Here are 7 legal mistakes to avoid!
Finally, here are the themes and challenges for crime and human rights, which will help a lot for your study and your notes!
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on August 14, 2016, 09:15:12 pm
Heya! Check out these here.
This is Jamon's guide on how to get a band 6 (involves study tips!).
Here is a guide to the course, which I think you'll find really useful for your question about crime scaring you!
Here is the guide for how to study.
Here are 7 legal mistakes to avoid!
Finally, here are the themes and challenges for crime and human rights, which will help a lot for your study and your notes!

Thankyou so much xx Also extension English was okay, not too Crazy, except the short story stimulus for comedy was strange, but our teacher told us it would be, since it is comedy.
Title: Re: Legal Studies Question Thread
Post by: conic curve on August 15, 2016, 10:44:06 am
Guys do you think excel legal studies is worth using?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 15, 2016, 12:22:07 pm
Guys do you think excel legal studies is worth using?

The only Excel books I ever had were Studies of Religion (which I got for free from a friend) and Mathematics. The Mathematics one I mostly bought for the nifty palm cards that came with it, I use it for tutoring 2U now, but at the time wasn't super useful. Studies of Religion came in handy for a few times I missed classes/needed assignment sources. I never used either on routine, mostly because they were too bloody long. They felt like a textbook, and I already had those.

So I guess I'm not a huge fan of the Excel study guides, but yeah! Those sorts of books are cool for Legal, mostly for the examples they give, it's really handy for making your research a lot easier. I personally think the ATAR Notes Legal Studies Notes (written by Elyse) are way better though. Far more concise and easier to study from, with a heap of relevant examples (only written this year) ;D

But yeah, those sorts of resources are handy to have for a subject like Legal, makes research and synthesis a lot easier ;D
Title: Re: Legal Studies Question Thread
Post by: mfjw on August 15, 2016, 07:44:05 pm
Hi Legal Studies nerds!

I have a question that my Legal class has been discussing quite a lot recently, especially as the Olympics are on at the moment:
In a team sport/relay, if one member gets caught for doping, is the whole team then disqualified, or stripped of their medals if it's after the event?
Title: Re: Legal Studies Question Thread
Post by: conic curve on August 15, 2016, 08:00:13 pm
Do you guys think that Australia is a safer place after the mandatory Howard buyback scheme (under the gun law reform)?

I can't really think of anything other than that it has reduced the amount of deaths and massacres in Australia. Also keeps kids safe from guns
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 15, 2016, 08:57:09 pm
Hi Legal Studies nerds!

I have a question that my Legal class has been discussing quite a lot recently, especially as the Olympics are on at the moment:
In a team sport/relay, if one member gets caught for doping, is the whole team then disqualified, or stripped of their medals if it's after the event?

This is my personal opinion (not sure where the actual Olympics stands on this?) but, I think if the team has played/relayed, and then it is found after that a single person or several people were doped, then I think it is only fair to the opposing team(s) that the medal be stripped and awarded to the opposing team. On a talent level, the relay could have been won by just a second, and that second could have been produced by the doped athlete - thus the talent of the natural is overlooked. On an ethics level, I think it is also only fair to strip a medal in the effort of encouraging fair play. However, if they team has not yet played/relayed, then I think the doped individual should be removed and replaced, so that the other players found to not be doped won't be punished! I mean, they'd be punished because a team mate it missing and replaced by a player of probably less skill, but at least it doesn't prevent the hard and fair workers from getting their moment in Rio.

What do you think? :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 15, 2016, 09:01:24 pm
Do you guys think that Australia is a safer place after the mandatory Howard buyback scheme (under the gun law reform)?

I can't really think of anything other than that it has reduced the amount of deaths and massacres in Australia. Also keeps kids safe from guns

I think the statistics that prove lower gun accidents as well as massacres and individual homicides is evidence enough in my opinion. On a social level, it removes this kind of defensiveness that causes division between groups. We promote a healthier culture of diplomacy and security this way - in my opinion! I don't like guns in general. I don't like action movies, so there's half the gun appeal gone.
In comparison to America, our situation with gun buy back was simpler, because the right to bear and keep arms wasn't in our Constitution  and so deeply engrained in particular states in our nation, unlike America.
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on August 22, 2016, 08:59:30 pm
Human rights Q - what rights are breached by the use of child soldiers? :/
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on August 23, 2016, 06:14:58 pm
I wanted to ask for the legal essay marking can reports be marked as well?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 23, 2016, 08:06:44 pm
Human rights Q - what rights are breached by the use of child soldiers? :/

Hey! With reference to the UDHR (you could cross reference to the ICCPR/ICESCR pretty easily):

- Article 3
- Article 4
- Article 12
- Article 13
- Article 20
- Article 24
- Article 25
- Article 26

Some of these might be a bit more relevant than others; but that's a good list ;D it's a lot, aha! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 23, 2016, 08:11:10 pm
I wanted to ask for the legal essay marking can reports be marked as well?

Sure! Why not, obviously our feedback for assignments will be very general (All My Own Work, after all) ;D

Actually, you aren't HSC, you might not get that joke... ;)
Title: Re: Legal Studies Question Thread
Post by: Christianbro21 on August 26, 2016, 02:24:38 pm
Hi Elyse:)
Thank you for uploading the themes and challenges page :)

What agruments can i make with the themes and challenges "law reform".
Also what cases and legislations can i include for law reform.

Thank again :)
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on August 26, 2016, 05:19:56 pm
Hi Elyse:)
Thank you for uploading the themes and challenges page. :)

What agruments can i make with the themes and challenges "law reform".
Also what cases and legislations can i include for law reform.

Thank again :)
where is the "themes and challenges" page?
Title: Re: Legal Studies Question Thread
Post by: Essej on August 26, 2016, 06:52:45 pm
Hi Elyse:)
Thank you for uploading the themes and challenges page :)

What agruments can i make with the themes and challenges "law reform".
Also what cases and legislations can i include for law reform.

Thank again :)

Hi Christian!

Law Reform is a very broad theme and challenge - applicable to all topics in our hsc course (depending on electives of course). I assume you're talking about crime however and it is very possible that a hsc question could specifically zone in on law reform; i would wager that this would be on one subheading though e.g. trial, investigation processes / young offenders.

Generally from what i've seen questions focus on evaluating the role of law reform or its effectiveness in achieving justice. Thus, you may wish to structure a response around reforms to certain aspects of the crime syllabus and how they achieve justice for the victim/offender/society. In most essays you will be required to make a judgement on how effective this reform is. A popular method to do this is to take both sides (as most good essays do) in condemning the nature of law reform as only responsive to certain events that violate human rights. Remember that the law is a reflection of societal values (linked with another theme and challenge) and therefore is contextually limited - you may need to refer to the circumstances surrounding reforms e.g. patriarchal values so the marker fully understands the purposes and influences upon such changes.

Some examples
R v. Skaf (2004) - this was on elyse's slides and resulted in reforms to aggravated sexual assault in company
R v. Loveridge (2013) - One punch law case that resulted in mandatory sentencing as set out in the Crimes Amendment (Assault/Intoxication) Act 2014
The various amendments to the Bail Act - the 2007 amendment regarding presumption against bail for domestic violence offenders (in response to the case of Trish Van Koeverden) and the 2013 Amendment (in response to the rise in terrorism) which created an unacceptable risk test to protect the societal right to safety.

Hope this helps  ;D



Title: Re: Legal Studies Question Thread
Post by: Happy Physics Land on August 26, 2016, 07:33:35 pm
Hi Christian!

Law Reform is a very broad theme and challenge - applicable to all topics in our hsc course (depending on electives of course). I assume you're talking about crime however and it is very possible that a hsc question could specifically zone in on law reform; i would wager that this would be on one subheading though e.g. trial, investigation processes / young offenders.

Generally from what i've seen questions focus on evaluating the role of law reform or its effectiveness in achieving justice. Thus, you may wish to structure a response around reforms to certain aspects of the crime syllabus and how they achieve justice for the victim/offender/society. In most essays you will be required to make a judgement on how effective this reform is. A popular method to do this is to take both sides (as most good essays do) in condemning the nature of law reform as only responsive to certain events that violate human rights. Remember that the law is a reflection of societal values (linked with another theme and challenge) and therefore is contextually limited - you may need to refer to the circumstances surrounding reforms e.g. patriarchal values so the marker fully understands the purposes and influences upon such changes.

Some examples
R v. Skaf (2004) - this was on elyse's slides and resulted in reforms to aggravated sexual assault in company
R v. Loveridge (2013) - One punch law case that resulted in mandatory sentencing as set out in the Crimes Amendment (Assault/Intoxication) Act 2014
The various amendments to the Bail Act - the 2007 amendment regarding presumption against bail for domestic violence offenders (in response to the case of Trish Van Koeverden) and the 2013 Amendment (in response to the rise in terrorism) which created an unacceptable risk test to protect the societal right to safety.

Hope this helps  ;D

Yeah I totally agree with what essej can written above. His response is actually very insightful coming from 1st place in legal studies.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 26, 2016, 10:15:01 pm
Yeah I totally agree with what essej can written above. His response is actually very insightful coming from 1st place in legal studies.

Obvious plug is obvious ;)
Title: Re: Legal Studies Question Thread
Post by: aoife98 on August 28, 2016, 03:53:35 pm
Can someone explain statutory and judicial guidelines? I looked it up and found heaps of confusing discussion over new reforms?
cheers x
Title: Re: Legal Studies Question Thread
Post by: aoife98 on August 28, 2016, 03:59:00 pm
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?
Title: Re: Legal Studies Question Thread
Post by: jakesilove on August 28, 2016, 04:21:48 pm
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

Hey! I didn't do legal studies, but I'm currently studying Law. I know that Victim Impact Statements (VIS) can have a substantial impact on sentencing, however I'll leave it to an actual Legal Studies person to explain in more depth re: the curriculum. Here is a quick link with a good explanation of the matter!

Jake
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 28, 2016, 10:52:00 pm
Can someone explain statutory and judicial guidelines? I looked it up and found heaps of confusing discussion over new reforms?
cheers x

Hey! Is this in regard to sentencing? ;D

If so, the answer is fairly straightforward. Statutory guidelines are sentencing guidelines contained within legislation such as the Crimes Act. For example, S18 of the Crimes Act 1900 (NSW):

Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

The guideline specifically are in bold. These guidelines are binding on all jurisdictions, decisions made by judges in sentencing must abide by legislative/statutory guidelines.

Judicial guidelines instead come from decisions made by other judges (aka, precedent). Officially, this takes the form of guideline judgements, decisions made previously that are used as a guideline for subsequent decisions. However, it can also refer to precedent in a general sense.

Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

Jake's link above has you set, for our purposes just know what a Victim Impact Statement, where it comes into play, and why it is relevant. It is a good piece of evidence for essays on balancing rights and/or sentencing ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 29, 2016, 09:48:16 am
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

Jake's right and he's linked to a really good guide for it all. Consider also looking at the law reform that has allowed victim's to provide their impact statement outside the court room or via CCTV footage (I believe that the R V Skaf case lead to this, or prompted this, and from memory there was another reform on VIS starting June or July 1st in 2015). Family of a homicide victim can also provide the impact statements sometimes. There's a lot of critiquing to the victim impact statements out there too, heaps of media critiques. For example, if a murder victim died but they have no family, they don't receive the benefit of the the victim impact statements - they mightn't even receive one at all, which creates an inequality in the system. There's also a critique that because the victim impact statements is delivered before sentencing, it may sway the sentencing to be more harsh because of how emotional it may be (as you suggested above).
Title: Re: Legal Studies Question Thread
Post by: aoife98 on August 30, 2016, 09:04:15 am
Hey! Is this in regard to sentencing? ;D

If so, the answer is fairly straightforward. Statutory guidelines are sentencing guidelines contained within legislation such as the Crimes Act. For example, S18 of the Crimes Act 1900 (NSW):

Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

The guideline specifically are in bold. These guidelines are binding on all jurisdictions, decisions made by judges in sentencing must abide by legislative/statutory guidelines.

Judicial guidelines instead come from decisions made by other judges (aka, precedent). Officially, this takes the form of guideline judgements, decisions made previously that are used as a guideline for subsequent decisions. However, it can also refer to precedent in a general sense.

Jake's link above has you set, for our purposes just know what a Victim Impact Statement, where it comes into play, and why it is relevant. It is a good piece of evidence for essays on balancing rights and/or sentencing ;D

Thank you! I hadn't seen the acronym before and didn't connect VIS and the victim's statements  ::) Does that mean all statutory guidelines are mandatory sentences?

Also I did some research and found this example: NSW Sentencing Council evaluates judges decisions;  found R v Henry 1999 (made it a guideline judgement) an excellent example of armed robbery sentencing; thus every judge in similar cases must apply the same process. Is this an example of judicial guidelines (since it applies to precedents etc) or statutory (because enforced by a gov body)?
Title: Re: Legal Studies Question Thread
Post by: aoife98 on August 30, 2016, 09:29:58 am
Jake's right and he's linked to a really good guide for it all. Consider also looking at the law reform that has allowed victim's to provide their impact statement outside the court room or via CCTV footage (I believe that the R V Skaf case lead to this, or prompted this, and from memory there was another reform on VIS starting June or July 1st in 2015). Family of a homicide victim can also provide the impact statements sometimes. There's a lot of critiquing to the victim impact statements out there too, heaps of media critiques. For example, if a murder victim died but they have no family, they don't receive the benefit of the the victim impact statements - they mightn't even receive one at all, which creates an inequality in the system. There's also a critique that because the victim impact statements is delivered before sentencing, it may sway the sentencing to be more harsh because of how emotional it may be (as you suggested above).

For the reform which allows them to give the statement via technology, is the point to allow them to present it without having to see the accused? Also, in regards to evaluating restorative justice, I haven't found any solid research suggesting victims are pleased or that it decreases the risk of reoffending. Have I missed something?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 30, 2016, 10:39:58 am
For the reform which allows them to give the statement via technology, is the point to allow them to present it without having to see the accused? Also, in regards to evaluating restorative justice, I haven't found any solid research suggesting victims are pleased or that it decreases the risk of reoffending. Have I missed something?

I don't think it reduces reoffending or that it necessarily pleases victims, what gave you that impression? And yes, using technology is very useful for reducing the stress and trauma that a victim may face when confronted with their offender! Heather Osland in R V Osland told a media outlet (from memory it is Australian Story) that when she delivered her VIS in front of her attacker (husband - domestic violence) she was so confronted by being in the near vicinity of him that she mitigated her emotions because she could hardly get her words out, thus rendering her VIS to be ineffective.
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on September 14, 2016, 08:42:01 am
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 14, 2016, 11:44:15 am
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?

That would be a tough one, what would you define to be the advantages/disadvantages of the jury system? Many of them are quite abstract and may not be visible in a specific case.

The one I would recommend would be R v Burrell (2005), which was arguably the main factor influencing the introduction of the Jury Amendment (Verdicts) Act 2006 (NSW). That said, this is in the NSW jurisdiction, which may not be of help to you in WA :)
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on September 14, 2016, 09:10:58 pm
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?

An interesting case I actually got to see that MAY support advantages & disadvantages is the Robert Xie trials. He had several retrials as the jury could not reach a final decision, stringing the case on for many years, causing emotional trauma & arguably wasting many court resources... they used the majority verdict rule of 11-1 but still could not ultimately reach a decision. Is this effectively achieving justice? Interesting to consider.
http://www.abc.net.au/news/2015-12-01/jury-hung-in-robert-xie-trial/6989248

However a lecture I went to pointed out - is it better to have a costly retrial if the jury cannot decide, or let innocent people be convicted?  Ż\_(ツ)_/Ż
Title: Re: Legal Studies Question Thread
Post by: conic curve on September 15, 2016, 07:45:09 am
Is this question asking for me to refer to the Martin Bryant case?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 15, 2016, 09:21:52 am
Is this question asking for me to refer to the Martin Bryant case?

Hmm, well the question doesn't mention it, so you don't have to. And indeed, in reference to a group, I don't think that case could be linked to any demographic particularly.

You'd be looking at the groups it defines in the syllabus (Page 16), like:

- Indigenous Australians
- Intellectually Disabled
- Migrants
- Women
- Socioeconomically Disadvantaged
Title: Re: Legal Studies Question Thread
Post by: conic curve on September 15, 2016, 11:17:16 am
For question 1 is the answer a?

Also for 3 is the answer A or D?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 15, 2016, 01:20:04 pm
For question 1 is the answer a?
Also for 3 is the answer A or D?

For Question 1, not quite. Remember that legislation (which includes the delegated legislations that form local by-laws) always takes precedent over common law. Where they conflict, legislation wins ;)

For Question 3, neither. It's a trick, note that it asks for civil outcomes. There is only one option there that is civil, remembering that things like fines and imprisonment are all criminal consequences ;D

Does that help you realise the correct answers? :)
Title: Re: Legal Studies Question Thread
Post by: Miki100 on September 15, 2016, 04:52:47 pm
Hi I was just wondering how many pieces of evidence (legislation, cases, media articles, reports etc.) would you recommend per option essay. Thanks  :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 15, 2016, 05:56:49 pm
Hi I was just wondering how many pieces of evidence (legislation, cases, media articles, reports etc.) would you recommend per option essay. Thanks  :)

Hey Miki! Welcome to the forums! Be sure to let me know if you need any help finding anything ;D

That's a complicated question, because it totally depends what you do with each one. Like, you could analyse one case really well for a whole paragraph, and thats just as good (and sometimes better) than someone who uses a range of cases to prove the same point. Totally depends on how you approach it! :)

That said, given a reasonable level of detail in each example, I'd be aiming for at least a dozen solid examples, each analysed and linked to your argument in a sentence or two, if you want to maximise your chances of getting a high mark. This might be split into 3 paragraphs with 4 each, or maybe 4 paragraphs with 3 each, however best suits you! If you go into a little more detail, drop the number a tad, it's always quality over quantity ;D
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 17, 2016, 04:40:52 pm
can we make up articles from SMH, because that's what I did in my trials but not sure if they realised
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 17, 2016, 05:05:10 pm
can we make up articles from SMH, because that's what I did in my trials but not sure if they realised

Just like in Business Studies, you run the risk of the marker realising that you made something up, and losing all credibility! And indeed, Legal markers are good at catching you ;) You are much better off using real articles; all evidence in any HSC essay should be real (making up evidence is in general, poor practice) :)
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on September 17, 2016, 10:51:25 pm
World order Q - can you use the acronym "R2P" for Responsibility To Protect after the first time, or is that too colloquial? (On another note, try handwriting "responsibilities" fast. See if it looks like English 😂)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 17, 2016, 10:53:45 pm
World order Q - can you use the acronym "R2P" for Responsibility To Protect after the first time, or is that too colloquial? (On another note, try handwriting "responsibilities" fast. See if it looks like English 😂)

Hey! Yes, you definitely can, I personally wasn't an acronym-er but I've seen it in other exemplars, definitely acceptable after using it in full at least once ;D and maybe revert to proper phrasing in the conclusion? Just a personal preference ;D

PS - I know your pain ;)
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 05:47:35 pm
do we have to know the history of the development of human rights
Title: Re: Legal Studies Question Thread
Post by: conic curve on September 20, 2016, 06:17:47 pm
do we have to know the history of the development of human rights

If it's in the syllabus yes, if it's not in the syllabus then no
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 06:26:32 pm
What does legal binding mean
Title: Re: Legal Studies Question Thread
Post by: conic curve on September 20, 2016, 06:28:08 pm
What does legal binding mean

Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. For example, a lease for an apartment is legally binding, because upon signing the document, the lessor and the lessee are agreeing to a number of conditions.
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 06:29:55 pm

If it's in the syllabus yes, if it's not in the syllabus then no

It is stated in the syllabus but do we need to know extensive detail about each development ?
Title: Re: Legal Studies Question Thread
Post by: conic curve on September 20, 2016, 06:30:48 pm
It is stated in the syllabus but do we need to know extensive detail about each development ?

I guess the more the better
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 07:49:08 pm
im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 20, 2016, 09:02:26 pm
im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things

The following comes from ICESCR:
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 7
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

This comes from ICCPR:
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Equality in different ways is acknowledged in both.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 20, 2016, 09:07:42 pm
do we have to know the history of the development of human rights

Yep! There is usually a question on it in the short answer section (a few dot points on each development) ;D

im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things

Equality for men and women is under the ICESCR! ;D

Article 3: The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

It also appears in ICCPR, both are acceptable (see Elyse's post) ;D

I guess the more the better

Definitely not always the case! Legal Studies is a subject where being clever with what you cover can do wonders for your workload and your exam performance (EG - parts of the Family Option can be done with literally two sentences per dot point) ;D
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 09:22:34 pm
ohh thanks both

and also for a question that says “With reference to one contemporary human rights issue, explain the role of state sovereignty in enforcing human rights” can we just talk about domestic responses or does it have to be like any international state sovereignty?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 20, 2016, 10:05:24 pm
ohh thanks both

and also for a question that says “With reference to one contemporary human rights issue, explain the role of state sovereignty in enforcing human rights” can we just talk about domestic responses or does it have to be like any international state sovereignty?

You're welcome! For that question, you'd be wanting to focus on international responses, domestic responses have much less to do with that particular legal issue. Explore how sovereign states interact and cooperate to enforce human rights issues (treaties, IGO's, etc), and then you can reference domestic responses also ;D

im looking at my textbook and the notes that I received from a lecture and I want to ask
is equality between men and women under ICCPR or ICESCR ?
the textbook and the notes say different things

Speaking of lectures, are you coming to the ATAR Notes lectures? I'm running the Legal one, I'd love to see you there ;D
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 10:14:01 pm
but in the textbook there's nothing about state sovereignty in the contemporary human rights issue of human trafficking ?? or is it part of international response?

yes please I want to come where can I book a spot
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 20, 2016, 10:22:19 pm
but in the textbook there's nothing about state sovereignty in the contemporary human rights issue of human trafficking ?? or is it part of international response?

yes please I want to come where can I book a spot

You can book here! The 2016 Exam Revision Legal Lecture is on the 2nd October ;D

State sovereignty is a primarily international legal issue, so you must tailor your response that way! Human trafficking can be linked to state sovereignty through the treaties that are signed to address it (sovereignty allows sovereign states to enter into treaties). Some for you to research and explore:

 - Protocol to Prevent, Suppress and Punish Trafficking in Persons (2003), ratified by Australia in 2004
 - Slavery Convention (1926)
 - International Bill Of Rights (Freedom from Slavery)
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 20, 2016, 10:33:54 pm
thank you soo much, makes way more sense now!!
and is the legal studies revision lecture on the 2nd the same as the 1st Oct?  2nd is my bday and kinda don't want to do any work on that day lol
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 20, 2016, 10:38:42 pm
thank you soo much, makes way more sense now!!
and is the legal studies revision lecture on the 2nd the same as the 1st Oct?  2nd is my bday and kinda don't want to do any work on that day lol

Aha totally understand that ;) the one on the 1st is targeted towards Year 11 students about to start the Year 12 course. If you feel the need to brush up on the fundamentals, it might still be useful for you! ;D
Title: Re: Legal Studies Question Thread
Post by: Work!! on September 21, 2016, 09:08:24 am
ohh thanks both

and also for a question that says “With reference to one contemporary human rights issue, explain the role of state sovereignty in enforcing human rights” can we just talk about domestic responses or does it have to be like any international state sovereignty?

I would talk about domestic responses that enforce the contemporary human rights issue (that have been put into place by the sovereign government if any), and then how state sovereignty in an international context constricts enforcement of human rights issues that occur domestically: as states are free to govern themselves and may choose, because of the lack of enforceable measures against them, to ignore the human rights breaches
Title: Re: Legal Studies Question Thread
Post by: aoife98 on September 21, 2016, 02:00:49 pm
When/how is everyone planning on learning case law for the core? Legal is my last exam but there's only a day between it and the exam before so I'm worried if I learn them now, I'll have forgotten them by the 2nd of Nov.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 21, 2016, 03:40:44 pm
When/how is everyone planning on learning case law for the core? Legal is my last exam but there's only a day between it and the exam before so I'm worried if I learn them now, I'll have forgotten them by the 2nd of Nov.

Make some summary sheets like those available in our Legal Studies Notes section!! They are how I memorised my stuff, and I swear by it (in conjunction with lots of practice) ;D palm cards might work for you too! I use them a lot at uni now ;D if you are coming to my legal lecture I'll be going through this sort of thing then, and I'll be loading you up on some good cases for the Core ;D

Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 24, 2016, 08:33:33 pm
I would talk about domestic responses that enforce the contemporary human rights issue (that have been put into place by the sovereign government if any), and then how state sovereignty in an international context constricts enforcement of human rights issues that occur domestically: as states are free to govern themselves and may choose, because of the lack of enforceable measures against them, to ignore the human rights breaches

oh so I can kinda talk about both, but more about international?
thank you !
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on September 24, 2016, 08:44:17 pm
what does express and implied rights mean in simple terms ?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 25, 2016, 10:21:39 am
what does express and implied rights mean in simple terms ?

Express rights are the rights that are explicitly written in the Constitution. Implied rights aren't found specifically in the Constitution, but are implied. So, the most definitively protected and written rights are the express rights. The implied rights are the rights that have been sought from the text, but aren't explicitly written in there.

A good case for implied rights is Lange v. Australian Broadcasting Commission (1997).
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on September 26, 2016, 08:53:19 am
I know the ICESCR & ICCPR were introduced in 1966, and entered into force in 1976 - so which date should we attribute it to in essays??
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 26, 2016, 03:49:52 pm
I know the ICESCR & ICCPR were introduced in 1966, and entered into force in 1976 - so which date should we attribute it to in essays??

Hey! That's a good question, and probably one without a single correct answer. I, however, always used "came into force in 1976" when I needed to identify the year for a law like these ;D you could do the other though, I don't see an issue! ;D
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on September 26, 2016, 11:13:57 pm
Hey guys,

I have a question about legal essays and I'm using the family option as an example.
Say I was talking about adoption in a family essay and i was discussing how the current process is lengthy and there is currently law reform to speed up the process. If I have a media article claiming that there are lengthy delays and that there are too many children out of care but I have another article claiming that a mother has unfairly lost her children due to the "fast track adoption amendment", should I discuss both cases with both pieces of evidence or should I choose one that supports my argument. For example, should I just argue that the current adoption is ineffective and use the first media article to support this?

If I was to discuss both sides of the argument, how would i do this? Like, how do I form a judgement without being contradictory if that makes sense.

Thanks heaps :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 26, 2016, 11:59:05 pm
Hey guys,

I have a question about legal essays and I'm using the family option as an example.
Say I was talking about adoption in a family essay and i was discussing how the current process is lengthy and there is currently law reform to speed up the process. If I have a media article claiming that there are lengthy delays and that there are too many children out of care but I have another article claiming that a mother has unfairly lost her children due to the "fast track adoption amendment", should I discuss both cases with both pieces of evidence or should I choose one that supports my argument. For example, should I just argue that the current adoption is ineffective and use the first media article to support this?

If I was to discuss both sides of the argument, how would i do this? Like, how do I form a judgement without being contradictory if that makes sense.

Thanks heaps :)

Hey Angie! Great question!

The answer is simply that your entire essay must re-enforce your main argument. If you started your paragraph in one way, you must carry that through, no contradictions. The answer to this is to leave room to wiggle in your topic sentences and your Thesis. Phrases like, "there are both positives and negatives that can be gleamed from _________," or, "is only somewhat effect in achieving ________." Notice how these leave me room to address both sides of the argument, because my argument is sort of neutral!

If you are looking to address two sides of something like you describe, this is my best piece of advice: Leave wiggle room when you introduce the argument in the first place. If you don't assume one specific side of the argument, then you aren't contradicting yourself ;D
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on September 27, 2016, 08:15:16 pm
Hey Angie! Great question!

The answer is simply that your entire essay must re-enforce your main argument. If you started your paragraph in one way, you must carry that through, no contradictions. The answer to this is to leave room to wiggle in your topic sentences and your Thesis. Phrases like, "there are both positives and negatives that can be gleamed from _________," or, "is only somewhat effect in achieving ________." Notice how these leave me room to address both sides of the argument, because my argument is sort of neutral!

If you are looking to address two sides of something like you describe, this is my best piece of advice: Leave wiggle room when you introduce the argument in the first place. If you don't assume one specific side of the argument, then you aren't contradicting yourself ;D

Thanks Jamon! That clears things up a lot.

Do you suggest having a two-sided judgement?

If the question was "To what extent does the legal system achieve justice...?" and using the adoption example above, would your thesis/topic sentence be something like "The legal system achieves justice to a great extent through fast tracking the adoption process. However, in some cases, parents are left with a detrimental outcome"
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 27, 2016, 10:33:42 pm
Thanks Jamon! That clears things up a lot.

Do you suggest having a two-sided judgement?

If the question was "To what extent does the legal system achieve justice...?" and using the adoption example above, would your thesis/topic sentence be something like "The legal system achieves justice to a great extent through fast tracking the adoption process. However, in some cases, parents are left with a detrimental outcome"

I think that sounds great!! Perhaps at some point add a sentence that brings it all together into a single judgement that sits in the middle, like, Thus, the Legal system is only partially effective in addressing _________. Shades of grey show you've considered all aspects of your topic, and give you more evidence to include ;D
Title: Re: Legal Studies Question Thread
Post by: anniez on September 28, 2016, 08:05:52 pm
Hi everyone,

So I was going through some past questions for the option topics and I have a question about essay approaches.

The attached questions were the themes and challenges for family. For question b would it be better to go through one contemporary issue thoroughly (ie surrogacy and birth technologies)? Or would it be better to go through two contemporary issues? I’m just worried that if I only go through one it looks like it don’t know my stuff.

Thanks first! ☺
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 28, 2016, 09:49:37 pm
Hi everyone,

So I was going through some past questions for the option topics and I have a question about essay approaches.

The attached questions were the themes and challenges for family. For question b would it be better to go through one contemporary issue thoroughly (ie surrogacy and birth technologies)? Or would it be better to go through two contemporary issues? I’m just worried that if I only go through one it looks like it don’t know my stuff.

Thanks first! ☺

This question doesn't specify that you have to use contemporary issues at all - it's just assumed that the best students will draw on these things to support their judgement! So good thinking! You have choice here: You can do one or two quite thoroughly, and dictate your response that way. Or, you can draw on things that aren't all contemporary issues, but also just other parts of the syllabus, as well as contemporary issues. I'd be more inclined to go with the second option, and talk about things like asset splitting in a divorce, but also contemporary issues like birth technologies. I prefer the second approach because I always prefer broad and thorough over intense and thorough - but both of these structures work well!
Title: Re: Legal Studies Question Thread
Post by: zachary99 on September 28, 2016, 11:35:32 pm
Hi everyone,

So I was going through some past questions for the option topics and I have a question about essay approaches.

The attached questions were the themes and challenges for family. For question b would it be better to go through one contemporary issue thoroughly (ie surrogacy and birth technologies)? Or would it be better to go through two contemporary issues? I’m just worried that if I only go through one it looks like it don’t know my stuff.

Thanks first! ☺


I would definitely recommend discussing more than one contemporary issue, and as Elyse mentioned you dont even have to talk about contemporary issues. Personally i would discuss 3-4 key elements of family law ( Changing morals of same sex relationships, domestic violence, surrogacy and increased care and protection of child)
Title: Re: Legal Studies Question Thread
Post by: anniez on September 29, 2016, 01:56:34 pm
Ahh okay. Thanks Elyse and Zach!
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 02, 2016, 03:24:35 pm
Can I use websites for evidence rather than laws/media/cases? e.g. the ICTY website?
Title: Re: Legal Studies Question Thread
Post by: zachary99 on October 03, 2016, 06:50:47 pm
Can I use websites for evidence rather than laws/media/cases? e.g. the ICTY website?

I would use websites like that to find relevant statistics, and information on cases.
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 03, 2016, 07:52:24 pm
Hi !
I was just wondering if anyone knows any good cases that i could use for the contemporary issue in human rights, Child soldiers?

Thanks :)
Title: Re: Legal Studies Question Thread
Post by: Essej on October 04, 2016, 12:50:19 am
Hi !
I was just wondering if anyone knows any good cases that i could use for the contemporary issue in human rights, Child soldiers?

Thanks :)

Hi Elenaa!

My contemporary issue is also child soldiers so would be happy to help. Since a contemporary issue question in short answers would be worth maximum 8 marks, it isn't really necessary to prepare more than 2-3 cases. In terms of case law, I use the international criminal court cases of :

Prosecutor v. Lubanga (2012):I would prioritise this one, easy to find more points for/against effectiveness (he was the first to ever be succesfully tried and convicted by the ICC but it took 6 years for him to be sentenced)
          - more info https://www.icc-cpi.int/iccdocs/PIDS/publications/LubangaENG.pdf
Prosecutor v. Ntaganda (2014): https://www.icc-cpi.int/drc/ntaganda/pages/alleged-crimes.aspx for more info :)
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 04, 2016, 09:42:51 am
Do we need specific examples for world order (laws, media, cases etc) or are case studies okay to use as well?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 04, 2016, 02:21:14 pm
Hi Elenaa!

My contemporary issue is also child soldiers so would be happy to help. Since a contemporary issue question in short answers would be worth maximum 8 marks, it isn't really necessary to prepare more than 2-3 cases. In terms of case law, I use the international criminal court cases of :

Prosecutor v. Lubanga (2012):I would prioritise this one, easy to find more points for/against effectiveness (he was the first to ever be succesfully tried and convicted by the ICC but it took 6 years for him to be sentenced)
          - more info https://www.icc-cpi.int/iccdocs/PIDS/publications/LubangaENG.pdf
Prosecutor v. Ntaganda (2014): https://www.icc-cpi.int/drc/ntaganda/pages/alleged-crimes.aspx for more info :)

You're a legend! Super good cases, and thanks for helping out!

Do we need specific examples for world order (laws, media, cases etc) or are case studies okay to use as well?

I'm not quite sure what you mean by this? For World Order, you'll find that specific events/cases like East Timor, or North Korea, will serve you well as giving a practical application of the international tools available. So I'd study a few of those bigger ones, but also know the tools and conventions of the world order syllabus really well. They are essentially what you will be analysing, and you're just using the cases as practical applications of those tools (whether or not they were effective). Media is also a great thing to have! If you are trying to be smart about it, I'd find some articles that give opinion on the UN and it's tools and resources, and maybe one or two for your cases, rather than trying to find news-like articles which you'll find harder to apply for something like World Order, which usually gives you a lot of freedom in your essay (unlike 2015 Crime essay).
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 04, 2016, 03:09:02 pm
Quote
I'm not quite sure what you mean by this? For World Order, you'll find that specific events/cases like East Timor, or North Korea, will serve you well as giving a practical application of the international tools available. So I'd study a few of those bigger ones, but also know the tools and conventions of the world order syllabus really well. They are essentially what you will be analysing, and you're just using the cases as practical applications of those tools (whether or not they were effective). Media is also a great thing to have! If you are trying to be smart about it, I'd find some articles that give opinion on the UN and it's tools and resources, and maybe one or two for your cases, rather than trying to find news-like articles which you'll find harder to apply for something like World Order, which usually gives you a lot of freedom in your essay (unlike 2015 Crime essay).

Thanks for the tips! I meant the specific LCMT or whatever it's called - I'm using the Gulf War & asylum seekers as case studies, but the only real evidence to use is media articles - most of them don't have specific laws or court cases attached. If that makes more sense.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 04, 2016, 04:30:59 pm
Thanks for the tips! I meant the specific LCMT or whatever it's called - I'm using the Gulf War & asylum seekers as case studies, but the only real evidence to use is media articles - most of them don't have specific laws or court cases attached. If that makes more sense.

International documents will play a role here! Think treaties, bilateral agreements, etc, some of the stuff I used included:

- Rome Statute (and the corresponding domestic legislation, International Criminal Court Act 2002 ;D
- Extradition treaties
- The UN Charter

You definitely want to use these (or similar) if you can ;)

Specific cases like you would get for Crime are tougher; you could use the ICC, but it sounds like the case studies you have would work well!! ;D
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on October 04, 2016, 09:54:57 pm
Hi guys,

I was wondering what your advice was in planning essays in the exam. What is the best way to make a plan? Where do I write it? How detailed should it be? etc.

As well as this, I was unsure of what evidence to put in each essay, especially when the question is very broad (i.e. a theme and challenge or something like that) in this case, how do you decide what  cases, media, laws, areas of the syllabus to talk about?

Thank you :)
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on October 06, 2016, 08:58:15 pm
Hey, i was wondering if someone could explain to me what "veto power" is. Apparently it is held by member states of the UN security council.

Thankyou!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 06, 2016, 11:01:58 pm
Hey, i was wondering if someone could explain to me what "veto power" is. Apparently it is held by member states of the UN security council.

Thankyou!

So the P5 on the UNSC all have veto power! This means that when an issue is brought forward to agree on amongst the Permanent 5 members, and they all have a vote in favour or against, if even just one of the 5 members says no to the proposed action, then it doesn't go ahead. This is called veto. There's a lot of debate about veto power! I always find that http://www.debate.org has the best resource on this in simple terms, but you can find others on the internet easily. This is the debate.org one! :)
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on October 07, 2016, 06:37:41 am
So the P5 on the UNSC all have veto power! This means that when an issue is brought forward to agree on amongst the Permanent 5 members, and they all have a vote in favour or against, if even just one of the 5 members says no to the proposed action, then it doesn't go ahead. This is called veto. There's a lot of debate about veto power! I always find that http://www.debate.org has the best resource on this in simple terms, but you can find others on the internet easily. This is the debate.org one! :)

THANKYOU :)
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 07, 2016, 09:56:37 pm
Hi Elenaa!

My contemporary issue is also child soldiers so would be happy to help. Since a contemporary issue question in short answers would be worth maximum 8 marks, it isn't really necessary to prepare more than 2-3 cases. In terms of case law, I use the international criminal court cases of :

Prosecutor v. Lubanga (2012):I would prioritise this one, easy to find more points for/against effectiveness (he was the first to ever be succesfully tried and convicted by the ICC but it took 6 years for him to be sentenced)
          - more info https://www.icc-cpi.int/iccdocs/PIDS/publications/LubangaENG.pdf
Prosecutor v. Ntaganda (2014): https://www.icc-cpi.int/drc/ntaganda/pages/alleged-crimes.aspx for more info :)

Thanks so much Essej  ;D ;D i totally forgot i asked this question  :P .
Title: Re: Legal Studies Question Thread
Post by: Lottie99 on October 07, 2016, 10:02:09 pm
would they potentially ask something as specific as "the role of juries" in the crime essay?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 07, 2016, 11:16:07 pm
would they potentially ask something as specific as "the role of juries" in the crime essay?

Definitely a possibility! In the Trials there were questions on 'defences to murder' specifically; they can push specific stuff! Last year was Transnational Crime, which was quite specific, so I personally think it is less likely they go specific again, but you never know :) just an fyi, the only part of the Crime syllabus which hasn't been assessed is Young Offenders... Perhaps too soon for so specific again, but you never know ;)
Title: Re: Legal Studies Question Thread
Post by: Lottie99 on October 08, 2016, 12:10:45 pm
Is there a good spot to find past legal studies trial papers?
Title: Re: Legal Studies Question Thread
Post by: AFix on October 08, 2016, 12:40:37 pm
Is there a good spot to find past legal studies trial papers?

https://thsconline.github.io/s/yr12/Legal%20Studies/  You can try this! ~~
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on October 09, 2016, 08:03:09 pm
Hi lovely people :)
Under the sentencing dot point in crime, what is the role of the victim in sentencing? Is it just through Victim Impact Statements?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 09, 2016, 08:07:23 pm
Hi lovely people :)
Under the sentencing dot point in crime, what is the role of the victim in sentencing? Is it just through Victim Impact Statements?

That's the main thing. Have a look at the R V Osland case (I think Australian Story did an interview with Heather Osland). It was a DV case and Osland talks about how in giving her VIS, she froze and could hardly recall things correctly because she was faced with her attacker. Since then, and since the R V Skaf case at the turn of the Century, there has been call to allow for VIS to be delivered via footage, so that the victim is not in the room with the criminal. Also, there is discussion about how fair VIS really is - is it a matter of who can play into the judge's emotions best? and what about murder victims who don't have a family to deliver the VIS on their behalf - then what?

Lots of things to think about with victims :)
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on October 09, 2016, 08:20:33 pm
That's the main thing. Have a look at the R V Osland case (I think Australian Story did an interview with Heather Osland). It was a DV case and Osland talks about how in giving her VIS, she froze and could hardly recall things correctly because she was faced with her attacker. Since then, and since the R V Skaf case at the turn of the Century, there has been call to allow for VIS to be delivered via footage, so that the victim is not in the room with the criminal. Also, there is discussion about how fair VIS really is - is it a matter of who can play into the judge's emotions best? and what about murder victims who don't have a family to deliver the VIS on their behalf - then what?

Lots of things to think about with victims :)

Wow, I never knew that VIS could have negatives as well. That's really interesting, I'll be sure to look into it :)
But since VIS are optional, why might a victim abstain from giving one (Besides cases like R v Osland where delivering it might be traumatic)?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 09, 2016, 08:26:49 pm
Wow, I never knew that VIS could have negatives as well. That's really interesting, I'll be sure to look into it :)
But since VIS are optional, why might a victim abstain from giving one (Besides cases like R v Osland where delivering it might be traumatic)?

Perhaps because they couldn't do justice to the violation they feel, or they don't want to give credence to the event that took place. Admittedly, I didn't really look into this during my own studies, so I don't know any stats on it. Trauma would be the number one reason I think!
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 15, 2016, 07:49:25 am
Can the ICJ give binding judgements and do countries not always abide by these rulings?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 15, 2016, 11:20:14 am
Can the ICJ give binding judgements and do countries not always abide by these rulings?

Howdy! ICJ rulings are not binding, and a great example of this is the preceedings of Nicaragua vs USA ;D (I linked to the Wikipedia article for a rundown, use some of the links below for better/more reliable sources) :)
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on October 15, 2016, 01:28:51 pm
what is one international human right which is also stated under domestic law/common law
Title: Re: Legal Studies Question Thread
Post by: Essej on October 15, 2016, 01:38:56 pm
what is one international human right which is also stated under domestic law/common law

Hey Emilee!

A good one to use here is the right to freedom from discrimination - enshrined in the Universal Declaration of Human Rights (Article 2 talks about the implementation of rights "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status"

In terms of enactment into domestic legislation, you could use any of the following and more:
- Anti Discrimination Act 1977 (Cth)
- Racial Discrimination Act 1975 (Cth)
- Sexual Discrimination Act 1984 (Cth)
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on October 15, 2016, 01:53:27 pm
thank you!
and for a question that says 'extent to which law reflects moral and ethical standards', what could I talk about
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 15, 2016, 02:57:47 pm
thank you!
and for a question that says 'extent to which law reflects moral and ethical standards', what could I talk about

Hey Emilee! That sort of question needs you to talk about, okay, how well does the law protect common views of right vs wrong? You'd be talking a lot about sentencing; does the sentence suit the crime? And further, perhaps looking at the balancing of rights between offenders and societal safety in the investigation process. Essentially, how well does the law uphold ethical standards in our society? Does it act as an appropriate protector against "bad" people, and does it define "bad" correctly? 
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on October 15, 2016, 09:21:27 pm
for the crime essay, I realised its only 15 marks, how much should words should we aim for this section and how much time?
+ are there any terrorism laws for young offenders ?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 16, 2016, 12:29:31 am
for the crime essay, I realised its only 15 marks, how much should words should we aim for this section and how much time?
+ are there any terrorism laws for young offenders ?

A lot of people suggest about 600-750 words for the crime essay. To be honest, I never considered how much is expected of my in terms of quantity, but I more so focused on allocating my time in an exam, rather than focusing on the pages. I'm just telling you so that you know to take my 600 words estimate with a grain of salt! I usually spent about 10 minutes on multiple choice because I always aimed to do the first ten in reading time - so after that, just 10, maybe 15 minutes. On the short answers and multiple choice combined, I aimed for 30 minutes. The crime essay: 30 minutes. Each option essay: an hour. I know this seems like a lot of time for the module essays, but it usually ended up being about 50/55 minutes because crime essay would likely go over estimate - and I was far weaker in my organisation of ideas in the options!

In terms of terror laws for young offenders, I think you'll find that there's lots more "proposed" legislation than actual legislation.

Here's some links
http://www.abc.net.au/news/2016-05-04/nsw-laws-to-allow-police-to-detain-question-terror-suspects/7381200
http://www.abc.net.au/news/2015-10-15/bradley-control-orders-a-step-closer-to-police-state/6855636
http://www.news.com.au/national/politics/turnbull-announces-tough-new-laws-to-combat-terrorists/news-story/475412cee06163dd46ade2a8852b59a6

There seems to be a specific piece of legislation that came about in time for my own HSC exams last year, but I can't see anything pop up. I think the second link there is probably closest in date to my own exam, so it might be something suggested in that article?

Good luck! :)
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on October 16, 2016, 07:21:27 pm
is selling alcohol to people under the age of 18 a strict liability offence or public order offence
and is embezzlement a summary or an indictable offence
and how can I answer this question 'With reference to ONE example, explain how law reform has assisted in protecting human rights'
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 16, 2016, 09:27:40 pm
In the 2015 HSC Family Option question "To what extent is law reform regarding alternative family relationships a reflection of changing values?", could you discuss changes to divorce laws or is that not an alternative family relationship?

Thanks :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 16, 2016, 11:26:03 pm
is selling alcohol to people under the age of 18 a strict liability offence or public order offence
and is embezzlement a summary or an indictable offence
and how can I answer this question 'With reference to ONE example, explain how law reform has assisted in protecting human rights'

Embezzlement is an indictable offence, and selling alcohol to people under the age of 18 is a strict liability offence and a public order offence. Check my knowledge on the second one, because I am only 90% sure and I can't find a source to back me up! :P

Okay, so the best way to answer that question would be to pick your case study/change first. What change have you observed in the law that has assisted in protecting human rights? What laws have been changed? Then, just explain what that change was, how it protects human rights, and importantly, give evidence of this. For example, you could discuss the additions to the Criminal Code to combat people trafficking, then use a case like R v Tang as evidence of that law reform being succesful! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 16, 2016, 11:26:58 pm
In the 2015 HSC Family Option question "To what extent is law reform regarding alternative family relationships a reflection of changing values?", could you discuss changes to divorce laws or is that not an alternative family relationship?

Thanks :)

You could discuss separation of same-sex De-facto relationships as a related concept, but divorce by itself would not quite suit that question :)
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on October 16, 2016, 11:52:37 pm
Definitely a possibility! In the Trials there were questions on 'defences to murder' specifically; they can push specific stuff! Last year was Transnational Crime, which was quite specific, so I personally think it is less likely they go specific again, but you never know :) just an fyi, the only part of the Crime syllabus which hasn't been assessed is Young Offenders... Perhaps too soon for so specific again, but you never know ;)

In my Trials exam the Crime essay was on Young Offenders - something along the lines of 'Compare the treatment of children and adults in the criminal justice system.'
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 17, 2016, 12:04:35 am
In my Trials exam the Crime essay was on Young Offenders - something alone the lines of 'Compare the treatment of children and adults in the criminal justice system.'

Ohh I like that question, specific topic but broad in how you approach it. I think that something like this is a real possibility; Evaluate the effectiveness of the criminal justice system in achieving justice for young offenders. :)
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on October 17, 2016, 12:21:23 am
Ohh I like that question, specific topic but broad in how you approach it. I think that something like this is a real possibility; Evaluate the effectiveness of the criminal justice system in achieving justice for young offenders. :)

Yeah I actually struggled with trying not to write too much in the essay! Which reminds me - if anyone is looking for contemporary cases regarding Young Offenders, I usually mention something about children and drugs since methamphetamines have been quite a major issue in recent years (at least, the government/media make it seem that way). Children being used as meth cooks for bikie gangs, how the law attempts to help drug offenders through rehabilitation programs, etc. Can be linked to sentencing and punishments.
Title: Re: Legal Studies Question Thread
Post by: pughg16 on October 17, 2016, 01:11:28 pm
My trials crime question was on partial defences to criminal charges, with an extract about provocation & battered woman syndrome......a very horribly specific question. The worse thing was....I had hardly studied the defences closely, and couldn't remember which was partial and which was a complete defence!!!
I hope we don't get one like that in the HSC!!

On a different note, did anyone do Workplace as an Option? We have had rather disrupted year with our teacher, and consequently I don't know a great deal at all about workplace....
Any assistance here would be greatly appreciated!!
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 17, 2016, 02:59:11 pm
For international law, are there any other limitations... apart from the obvious "state sovereignty"?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 17, 2016, 03:29:46 pm
For international law, are there any other limitations... apart from the obvious "state sovereignty"?

State sovereignty is the big one as you've mentioned, but you could also roll with:

- Differing sociocultural/ethical norms which act as a barrier to cooperative and beneficial discussion of international law issues
- The slow and arduous nature of UN Responses - Like, the UN responding to something arguably takes ages

Most of the time though, you'll be discussing the non-enforceability of international law due to state sovereignty, and how it manifests in different ways :)
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on October 17, 2016, 03:34:15 pm
For international law, are there any other limitations... apart from the obvious "state sovereignty"?

Many international treaties encourage cooperation between nations to stop transnational crimes (e.g. drug trafficking), some of which have been successfully intercepted.
However, other crimes such as terrorism are hard to prevent, because they usually transcend borders and are well-organised, therefore making it difficult to uncover.
Also, measures to combat terrorism may result in the infringement of human rights, such as the case of Mohamed Haneef.
International crimes such as genocide are often discovered only after they have occurred.
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on October 17, 2016, 04:07:09 pm
Can someone please explain to me what the difference is between ratifying and legislating an international document? For ages I thought ratification was agreeing to be legally bound to a document, so any human rights abuses pertaining to that treaty would be outlawed and punishable.

But in my notes it says that in Australia it's not enough to ratify a treaty - they are only binding if they are enacted into domestic law ?? I'm confused

If that's the case then why do some countries ratify documents but not legislate them? Seems a little pointless to me
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 17, 2016, 04:54:54 pm
Can someone please explain to me what the difference is between ratifying and legislating an international document? For ages I thought ratification was agreeing to be legally bound to a document, so any human rights abuses pertaining to that treaty would be outlawed and punishable.

But in my notes it says that in Australia it's not enough to ratify a treaty - they are only binding if they are enacted into domestic law ?? I'm confused

If that's the case then why do some countries ratify documents but not legislate them? Seems a little pointless to me

Hey hey! So that statement is correct, and it's because Australia has a dualist legal system. What that means is that the laws we ratify aren't automatically enforceable domestically. Our international and domestic laws are not one; they are separate entities, and only domestic laws are enforceable. There are some countries where ratification makes the laws immediately enforceable (like France I believe), but that is not us. We need to actually legislate on the issue through an act of parliament to make it binding.

As to why governments ratify but don't legislate? It's lip service to the international community. "Yeah, we'll ratify this, it's all sweet, we're playing by the rules." And then they won't legislate or will not legislate to the same effect. Note that this is massively bad conduct and so doesn't happen a massive amount, but you are right! It is a little pointless :P
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on October 17, 2016, 06:38:16 pm
Hey hey! So that statement is correct, and it's because Australia has a dualist legal system. What that means is that the laws we ratify aren't automatically enforceable domestically. Our international and domestic laws are not one; they are separate entities, and only domestic laws are enforceable. There are some countries where ratification makes the laws immediately enforceable (like France I believe), but that is not us. We need to actually legislate on the issue through an act of parliament to make it binding.

As to why governments ratify but don't legislate? It's lip service to the international community. "Yeah, we'll ratify this, it's all sweet, we're playing by the rules." And then they won't legislate or will not legislate to the same effect. Note that this is massively bad conduct and so doesn't happen a massive amount, but you are right! It is a little pointless :P

Thank you, it all makes sense now  :D

Title: Re: Legal Studies Question Thread
Post by: pughg16 on October 17, 2016, 09:32:00 pm
Sorry I know I've asked for this before, but I'm getting a little bit desperate.
Does anyone have anything they could offer about the Workplace option? I really don't know enough to go into the HSC with it.... :-[ :-\
Any tiny bit of help here would be excellent...thankyou! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 17, 2016, 10:04:34 pm
Sorry I know I've asked for this before, but I'm getting a little bit desperate.
Does anyone have anything they could offer about the Workplace option? I really don't know enough to go into the HSC with it.... :-[ :-\
Any tiny bit of help here would be excellent...thankyou! :)

I didn't do the course, but these notes are free to download in our Notes section! :)
Title: Re: Legal Studies Question Thread
Post by: pughg16 on October 17, 2016, 10:33:11 pm
I didn't do the course, but these notes are free to download in our Notes section! :)

Thankyou Jamon!
Just in time!! :D
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 18, 2016, 09:09:52 pm
Is the human rights council (UN body) an IGO? For some reason I have it down in my notes as that... is this correct to your knowledge or did I make a typo, haha
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on October 18, 2016, 09:41:33 pm
Is the human rights council (UN body) an IGO? For some reason I have it down in my notes as that... is this correct to your knowledge or did I make a typo, haha

Hey there,

"The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe."

Hope that clears things up :)

Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 18, 2016, 09:46:24 pm
Hey there,

"The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe."

Hope that clears things up :)

Oh thank you! That was snappy :)
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 19, 2016, 01:15:40 pm
Also in an international crime essay, can you refer to transnational crime as well? or is that completely separate?
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on October 19, 2016, 03:36:49 pm
Also in an international crime essay, can you refer to transnational crime as well? or is that completely separate?

Yes you can, transnational crime is one of the categories of international crime (the other of course being crimes against the international community)  :)
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 19, 2016, 08:20:42 pm
In legal essays, when it asks for "What extent", "Assess the effectiveness..." , what should you write as your judgement if you want to talk about how the law is both effective and ineffective.

Should you write "the law is effective to a varying degree" or is that wishy washy?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 19, 2016, 09:56:37 pm
Also in an international crime essay, can you refer to transnational crime as well? or is that completely separate?
Yes you can, transnational crime is one of the categories of international crime (the other of course being crimes against the international community)  :)

Just as a side note, remember that this doesn't work in reverse. Transnational Crime questions cannot include 'Crimes Against the International Community' ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 19, 2016, 09:57:42 pm
In legal essays, when it asks for "What extent", "Assess the effectiveness..." , what should you write as your judgement if you want to talk about how the law is both effective and ineffective.

Should you write "the law is effective to a varying degree" or is that wishy washy?

"The law is effective to a varying degree" is a great phrase to use! As long as you then clarify what you mean, so say when it has been effective and when it hasn't! ;D
Title: Re: Legal Studies Question Thread
Post by: Stayz1337 on October 21, 2016, 12:17:45 pm
Hey guys, sorry not sure if this is how you're meant to ask questions on thread - kinda nooby.

Anyway, I'm good for understanding the topic and content but when it comes to the 25 markers - more so than the 15 marker crime - I really don't know like HOW MUCH to write? I can write heaps, I just don't know when this becomes too much. That doesn't sound problematic in theory, but when I study I think about - " what would I write for this question, etc" and for example (particularly with W.O where it's less LCM and more Case e.g Syria) I at times feel like I don't have enough LCM?

I know it's all varied " how long is a piece of string," but like as a rule of thumb... ? For example, responsibility to protect doctrine emerged fom 05 world summit as a response to 1994 genocide - the rest is explaining it in practice? Is thus sufficient?

TLDR; trying to prepare too much content can be my downfall - teach me what the bare minimum is to still do well :) 

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 21, 2016, 01:27:14 pm
Hey guys, sorry not sure if this is how you're meant to ask questions on thread - kinda nooby.

Anyway, I'm good for understanding the topic and content but when it comes to the 25 markers - more so than the 15 marker crime - I really don't know like HOW MUCH to write? I can write heaps, I just don't know when this becomes too much. That doesn't sound problematic in theory, but when I study I think about - " what would I write for this question, etc" and for example (particularly with W.O where it's less LCM and more Case e.g Syria) I at times feel like I don't have enough LCM?

I know it's all varied " how long is a piece of string," but like as a rule of thumb... ? For example, responsibility to protect doctrine emerged fom 05 world summit as a response to 1994 genocide - the rest is explaining it in practice? Is thus sufficient?

TLDR; trying to prepare too much content can be my downfall - teach me what the bare minimum is to still do well :)

Hey hey! Welcome to the forums! ;D you are definitely doing the right thing ;)

Okay so normally I'd go into the "How long is a piece of string" thing here, but here is a very rough guideline. If you are aiming for the top marks (Band 6 range, and you should always be aiming high), you'd need to get fairly well into your second writing booklet. If you have small handwriting, perhaps less, but still into that second booklet. I don't think I've ever seen a strong Band 6 essay that didn't crack a second booklet; so that's where you should be aiming. That's not to say it can't happen! But getting into the second booklet would be minimum, ideally about halfway through for me (I have slightly larger than average handwriting). All of my 20/20 essays filled roughly 2 booklets, give or take half a page :)

That example you gave is the perfect level of detail in my opinion :) :)
Title: Re: Legal Studies Question Thread
Post by: cjrig on October 21, 2016, 01:44:34 pm
Hey hey! Welcome to the forums! ;D you are definitely doing the right thing ;)

Okay so normally I'd go into the "How long is a piece of string" thing here, but here is a very rough guideline. If you are aiming for the top marks (Band 6 range, and you should always be aiming high), you'd need to get fairly well into your second writing booklet. If you have small handwriting, perhaps less, but still into that second booklet. I don't think I've ever seen a strong Band 6 essay that didn't crack a second booklet; so that's where you should be aiming. That's not to say it can't happen! But getting into the second booklet would be minimum, ideally about halfway through for me (I have slightly larger than average handwriting). All of my 20/20 essays filled roughly 2 booklets, give or take half a page :)

That example you gave is the perfect level of detail in my opinion :) :)

So would that be around 5-7 pages?
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 21, 2016, 02:02:26 pm
Just as a side note, remember that this doesn't work in reverse. Transnational Crime questions cannot include 'Crimes Against the International Community' ;D

Yes, I found that one out unfortunately... keen not to make that mistake again haha
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 21, 2016, 02:06:40 pm
Another question, what did you do to make your evidence stand out? Like I normally underline cases/legislation etc, but I had another teacher suggest I highlight everything... is that even allowed??
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 21, 2016, 02:30:23 pm
Another question, what did you do to make your evidence stand out? Like I normally underline cases/legislation etc, but I had another teacher suggest I highlight everything... is that even allowed??

I think your evidence will stand out well without highlighting everything :) Underlining legislation and cases is a good idea, or even statistics and media sources if you have them. But, that's not a guaranteed way to give you extra marks. I didn't underline statistics and media sources, but I did underline legislation and cases :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 21, 2016, 03:11:47 pm
So would that be around 5-7 pages?

Yep! Depending on handwriting size and style (back to that string argument again). If you are worried about writing too much, try not to exceed the second booklet. You can achieve a 20/20 in two booklets; anything in a third booklet is arguably a tad unnecessary (not a hard and fast rule) ;D
Title: Re: Legal Studies Question Thread
Post by: savinggrace17 on October 21, 2016, 05:52:57 pm
Hi guys!

Just wondering for the themes and challenge dot point of compliance and non-compliance, what would you talk about for the crime essay? I was thinking compliance with police powers and maybe incorporating bail legislation, but not sure whether that is what it asks of you. Would it require discussion about the reasons why people commit crimes etc?

Thanks :)
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 21, 2016, 08:34:10 pm
"The law is effective to a varying degree" is a great phrase to use! As long as you then clarify what you mean, so say when it has been effective and when it hasn't! ;D

Thanks Jamon :) So would you say for example "The law has been effective to a varying degree. It has been effective in the providing justice through juries,... but ineffective in the areas of sentencing..."

What would you say for areas such as bail which have both negative and positive aspects?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 21, 2016, 10:04:18 pm
Hi guys!

Just wondering for the themes and challenge dot point of compliance and non-compliance, what would you talk about for the crime essay? I was thinking compliance with police powers and maybe incorporating bail legislation, but not sure whether that is what it asks of you. Would it require discussion about the reasons why people commit crimes etc?

Thanks :)

I think your interpretation is pretty spot on!! ;D the factors affecting criminal behaviour would be worth a mention, but there isn't much there in my opinion, I'd be leaning more in your direction ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 21, 2016, 10:06:09 pm
Thanks Jamon :) So would you say for example "The law has been effective to a varying degree. It has been effective in the providing justice through juries,... but ineffective in the areas of sentencing..."

What would you say for areas such as bail which have both negative and positive aspects?

Perfect! For Bail, you would just explain it:

While the reformed bail conditions have proven effective in ___________, it has also proved ineffective in _____________.

Then your bail paragraph becomes a mini-debate, OR you can split it into two, your call ;D
Title: Re: Legal Studies Question Thread
Post by: Stayz1337 on October 23, 2016, 12:26:58 pm
Okay great - thank you :)

So even if, for example, the question was on 'the Changing nature of parental responsibility'
- for the full 25'er, in my plans i have FLA, 1995 reform, 06 reform - conceptual criticism, no real plans, Goode V Goode Case, just in that it established no 50/50 time, and the paradox of responsibility not providing adequate care and protection where decisions are enforced not in BIC e.g Rosa V Rosa. I suppose it depends how well I can elaborate on a question?

Also, side question, someone asked about compliance and non compliance - I've semi ignored it because I VAGUELY get how to answer that but it doesn't seem beefy enough as a question theme? Would it be more integrated? In essence, is compliance just enforceability? Could you just use that as a synonym in discussion.
Title: Re: Legal Studies Question Thread
Post by: Essej on October 23, 2016, 12:51:33 pm
Okay great - thank you :)

So even if, for example, the question was on 'the Changing nature of parental responsibility'
- for the full 25'er, in my plans i have FLA, 1995 reform, 06 reform - conceptual criticism, no real plans, Goode V Goode Case, just in that it established no 50/50 time, and the paradox of responsibility not providing adequate care and protection where decisions are enforced not in BIC e.g Rosa V Rosa. I suppose it depends how well I can elaborate on a question?

Also, side question, someone asked about compliance and non compliance - I've semi ignored it because I VAGUELY get how to answer that but it doesn't seem beefy enough as a question theme? Would it be more integrated? In essence, is compliance just enforceability? Could you just use that as a synonym in discussion.

That family essay structure looks spot on to me! I'd just make sure you separate your ideas clearly and have a distinct line of argument in each paragraph, your evidence is amazing!

So i went to Elyse's trial lecture and she gave some great ideas about the theme and challenge issues of compliance and non-compliance based around the notion that the Criminal Justice system exists due to noncompliance
Therefore for Noncompliance she suggested:
- Law Enforcement / Police Powers (LEPRA, Bail etc.)
- Purposes of punishment (specific deterrence - can talk about sentencing here)
- Penalties


Inversely, for encouraging compliance:
- Crime Prevention (Situational and social)
- General deterrence e.g. the new Assault and Intoxication amendment to the crimes act in 2014 as part of new one-punch laws


I think in a sense it is just enforceability, however i reckon it also refers to crime prevention, as the legal system aims for individuals to comply with legislation and therefore have a mindset opposed to criminal acts in the first place  :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 23, 2016, 01:10:23 pm
Okay great - thank you :)

So even if, for example, the question was on 'the Changing nature of parental responsibility'
- for the full 25'er, in my plans i have FLA, 1995 reform, 06 reform - conceptual criticism, no real plans, Goode V Goode Case, just in that it established no 50/50 time, and the paradox of responsibility not providing adequate care and protection where decisions are enforced not in BIC e.g Rosa V Rosa. I suppose it depends how well I can elaborate on a question?

Also, side question, someone asked about compliance and non compliance - I've semi ignored it because I VAGUELY get how to answer that but it doesn't seem beefy enough as a question theme? Would it be more integrated? In essence, is compliance just enforceability? Could you just use that as a synonym in discussion.

Sounds like that's a solid boy of evidence! If you link it well to the idea of parental responsibility and make a judgement, you'd be all set.

Compliance/non compliance is definitely something that I wouldn't expect to appear; I agree, not super beefy. That said, you could definitely talk about enforceability, or perhaps link it to the willingness of people to comply with ethical laws that reflect social standards (EG - compliance is automatic with effective law reform). But that's up to you to decide how you'd argue it ;D
Title: Re: Legal Studies Question Thread
Post by: itswags98 on October 23, 2016, 02:21:54 pm
So trying to study for legal has hit me pretty hard... Im okay with content, and i know how to form arguments and all that stuff...

Problem is im dead with cases, media, legislation etc. I cant for the life of me memorise all these stuff (nor find them :( ) cause i have really bad memory. Ive tried palm cards, but they just dont work for me. I cant even get myself to memorise the dates associated with the legislation, year of articles and that type of stuff.

So my question here is how do people actually study? I know my content well. But i struggle in LCM's bit. Any suggestions?

And second question, how many LCM's should i have for Crime and my Options. How do i know where im meant to have one and where im not?!?! :(
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 23, 2016, 03:16:23 pm
So trying to study for legal has hit me pretty hard... Im okay with content, and i know how to form arguments and all that stuff...

Problem is im dead with cases, media, legislation etc. I cant for the life of me memorise all these stuff (nor find them :( ) cause i have really bad memory. Ive tried palm cards, but they just dont work for me. I cant even get myself to memorise the dates associated with the legislation, year of articles and that type of stuff.

So my question here is how do people actually study? I know my content well. But i struggle in LCM's bit. Any suggestions?

And second question, how many LCM's should i have for Crime and my Options. How do i know where im meant to have one and where im not?!?! :(

Hey swags! This article details a few of my favourite ways to study for Legal, but unfortunately palm cards is all that's suggested for memorising laws and stuff. Summary sheets work too; just one sheet with everything you know that you read out and write out until it sticks, maybe even record yourself saying it and listen to it a heap! And of course, practice using them in essays! :)

If you keep working hard, it will stick. Hang in there!! :)

For Crime and Options, you should use an LCMTR (evidence) whenever you make a point. At minimum, you'd probably want 3 per paragraph if you are aiming high! :) every single time you raise an argument or say something about your Thesis, etc, you need evidence to back yourself up ;D

Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 23, 2016, 09:12:17 pm
Hey!
Just wondering if we should thoroughly know all of the contemporary issues in the option topic (family and world order for me) or just know at least 2?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 23, 2016, 10:13:47 pm
Hey!
Just wondering if we should thoroughly know all of the contemporary issues in the option topic (family and world order for me) or just know at least 2?

I'd be lying if I said I knew all of the family law contemporary issues equally well! I didn't! Same-sex relationships was by far my favourite. In saying that, the syllabus says: Issues that MUST be studied: and then goes on to list them. So it's not a situation of "learn one from the following" - they are saying, know them all! But, I didn't know them all equally well. For World Order, I found it was easier to know them all in detail because I think that syllabus is far more interlinked...just my opinion :)

So to answer: Yes you need to know them all, but, just like any syllabus, you'll probably know some sections more than others. Do your best! :)
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 23, 2016, 10:20:43 pm
I'd be lying if I said I knew all of the family law contemporary issues equally well! I didn't! Same-sex relationships was by far my favourite. In saying that, the syllabus says: Issues that MUST be studied: and then goes on to list them. So it's not a situation of "learn one from the following" - they are saying, know them all! But, I didn't know them all equally well. For World Order, I found it was easier to know them all in detail because I think that syllabus is far more interlinked...just my opinion :)

So to answer: Yes you need to know them all, but, just like any syllabus, you'll probably know some sections more than others. Do your best! :)

oh okay thanks Elyse ! :))
Title: Re: Legal Studies Question Thread
Post by: Josh22 on October 23, 2016, 11:23:58 pm
Hey Legal Forum.

In regards to the crime 15 mark essay is it a waste of time to include a definition of crime in your introduction? (With the crimes act)

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 24, 2016, 12:13:36 am
Hey Legal Forum.

In regards to the crime 15 mark essay is it a waste of time to include a definition of crime in your introduction? (With the crimes act)

Thanks

Hey Josh! Welcome to the forums! ;D

Essentially, yeah, a bit of a wasted sentence. Your marker knows what Crime is; get straight into your arguments and analysis! :)
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on October 24, 2016, 05:04:43 pm
Hey guys,

For the short answer section on human rights and specifically the developing recognition of human rights; how in depth do we need to prepare for this section? What is the highest mark that a question could be? I have a feeling that I might be going overboard on this section. What would be the recommended amount of information on this section? (Definition, case law, statute, international treaties - I tried to have a few of each for each dot point)

Thanks guys :)
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 24, 2016, 05:52:34 pm
Hey Josh! Welcome to the forums! ;D

Essentially, yeah, a bit of a wasted sentence. Your marker knows what Crime is; get straight into your arguments and analysis! :)

On that note, how long should a crime essay be? (Words/page wise)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 24, 2016, 08:18:48 pm
On that note, how long should a crime essay be? (Words/page wise)

I think approximately 600 words (maybe 4 pages - depending on your hand writing size) is pretty standardly recommended :) Admittedly, I probably wrote closer to 5 or 6. Messy hand writing is definitely to blame for that.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 24, 2016, 08:24:34 pm
Hey guys,

For the short answer section on human rights and specifically the developing recognition of human rights; how in depth do we need to prepare for this section? What is the highest mark that a question could be? I have a feeling that I might be going overboard on this section. What would be the recommended amount of information on this section? (Definition, case law, statute, international treaties - I tried to have a few of each for each dot point)

Thanks guys :)

In 2015, the largest mark allocation for human rights was 7 marks, also the same in 2014. In total though, Human Rights short answers account for 15 marks. It sounds to me like you're really well prepared for this section! Make sure you know your contemporary issue really well as well - that's probably the bit that most students forget to focus on - I think it's because in class time that's usually directed as independent learning, and not within the class learning. If you are as prepared as you sound, I wouldn't be focusing that much more time on it, simply because you're on top of it! Legislation, cases, treaties - all are really relevant for this section! Consider, though, can you make a judgement on these things? Knowing them all really well is one thing (and it sounds like you've mastered it) - but understanding it well enough to make a judgement is the next thing!
Title: Re: Legal Studies Question Thread
Post by: Josh22 on October 24, 2016, 08:46:40 pm
I think approximately 600 words (maybe 4 pages - depending on your hand writing size) is pretty standardly recommended :) Admittedly, I probably wrote closer to 5 or 6. Messy hand writing is definitely to blame for that.

Also how much time should I allocate to the Crime essay. They reccomend 30 minutes but is  that enough to get full marks? I admitably spend a lot more on it.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 24, 2016, 08:50:21 pm
Also how much time should I allocate to the Crime essay. They reccomend 30 minutes but is  that enough to get full marks? I admitably spend a lot more on it.

I found that by doing at least 5, potentially about 8-10, multiple choice in the reading time, I saved myself some time from the multiple choice and added it to the crime essay! I wouldn't go any more than 40 minutes. Aim for 30, but I mean, if you spill over and it means you round off your essay wonderfully - so be it! Time well spent, I say! :) Any more than 40 minutes means you're shaving time from your option essays - and that's where the most marks sit!
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 24, 2016, 10:16:44 pm
Hi!
Just wondering for this question, Evaluate the effectiveness of the law in protecting victims of domestic violence, is there anything else i could talk about other than AVO's, criminal charges and family court injunctions?... or is that enough?

Thankyou!!!!
Title: Re: Legal Studies Question Thread
Post by: Essej on October 24, 2016, 11:08:06 pm
Hi!
Just wondering for this question, Evaluate the effectiveness of the law in protecting victims of domestic violence, is there anything else i could talk about other than AVO's, criminal charges and family court injunctions?... or is that enough?

Thankyou!!!!

Hi Elenaa!

You've definitely covered heaps (I know AVO's are huge and easy to go on about - so you could be fine as is) but i'd also suggest, if you're struggling for ideas:

- Amendments to the Bail Act in 2003 known as "Trish's Law" (DT, 2003) after a woman was shot dead by her husband who was out on bail.
- Remembering that children can suffer greatly from domestic violence also, you could use the the Children and Young Persons (Care and Protection) Act 1998 which gave a broader definition to abuse as encompassing emotional/psychological as well as the physical aspect. It also placed a legal obligation for certain people e.g. doctors and teachers to notify NSW community services if there is reasonable grounds to suspect child abuse, creating an additional duty of care.

Hope this helps !
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 24, 2016, 11:33:42 pm
Hi Elenaa!

You've definitely covered heaps (I know AVO's are huge and easy to go on about - so you could be fine as is) but i'd also suggest, if you're struggling for ideas:

- Amendments to the Bail Act in 2003 known as "Trish's Law" (DT, 2003) after a woman was shot dead by her husband who was out on bail.
- Remembering that children can suffer greatly from domestic violence also, you could use the the Children and Young Persons (Care and Protection) Act 1998 which gave a broader definition to abuse as encompassing emotional/psychological as well as the physical aspect. It also placed a legal obligation for certain people e.g. doctors and teachers to notify NSW community services if there is reasonable grounds to suspect child abuse, creating an additional duty of care.

Hope this helps !

Thanks Essej ! :D and also if i talk about the two points you mentioned, how would i incorporate it in my essay, like what body paragraph/idea would it be under?
Title: Re: Legal Studies Question Thread
Post by: kassidyfisher on October 24, 2016, 11:57:45 pm
Hello! I am doing a past paper (I have only really just started studying for legal- as I have been swamped with my other exams- but I have written up all my summary notes so I now just have to memorise and practicee...) 
And this question,'How effective are legal measures within the criminal justice system in achieving
justice for individuals? Refer to at least ONE current criminal justice issue to support your response. ' , is confusing me. I really don't know what a current issue within the criminal justice system would be? I mean aren't most of them current? This is probably a really dumb question.
Also, how many cases, legislation and media ect would you recommend memorising?
Thanks,
Kass
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 25, 2016, 12:13:18 am
Hello! I am doing a past paper (I have only really just started studying for legal- as I have been swamped with my other exams- but I have written up all my summary notes so I now just have to memorise and practicee...) 
And this question,'How effective are legal measures within the criminal justice system in achieving
justice for individuals? Refer to at least ONE current criminal justice issue to support your response. ' , is confusing me. I really don't know what a current issue within the criminal justice system would be? I mean aren't most of them current? This is probably a really dumb question.
Also, how many cases, legislation and media ect would you recommend memorising?
Thanks,
Kass

Hey Kass! That's a bit of a strange one; what paper is that from?

It doesn't really have any grounding in the syllabus is what's weird about this, but an example of how I'd interpret that would be terrorism. Right now, a very contentious legal issue that is causing lots of discussion, spurring lots of law changes, and seeing quite a few investigations and prosecutions. Therefore, it's an issue you could discuss. So I suppose I intepret it in a grand sense; what is something the legal system is dealing with/adapting to in the current climate? :)
Title: Re: Legal Studies Question Thread
Post by: Essej on October 25, 2016, 12:14:34 am
Thanks Essej ! :D and also if i talk about the two points you mentioned, how would i incorporate it in my essay, like what body paragraph/idea would it be under?

So you could definitely place protection of children in its own paragraph, stating something like "the legal system makes sufficient/ineffective attempts to meet its obligations under the UN Convention on the Rights of the Child through..." and sustain your judgement throughout :)

Not too sure about bail to be honest  :-\ - if you structure your paragraphs based on effectiveness/ineffectiveness then it really could go under any, but you have to ensure your stance is clear; have the bail laws now achieved justice for victims of DV? Or is it a limitation of the legal system that such social backlash from incidents of DV (murder of TVK) are required in order for the law evolve and ensure just outcomes for victims?

Hope this helps  ;D
Title: Re: Legal Studies Question Thread
Post by: kassidyfisher on October 25, 2016, 12:20:22 am
Hey Kass! That's a bit of a strange one; what paper is that from?

It doesn't really have any grounding in the syllabus is what's weird about this, but an example of how I'd interpret that would be terrorism. Right now, a very contentious legal issue that is causing lots of discussion, spurring lots of law changes, and seeing quite a few investigations and prosecutions. Therefore, it's an issue you could discuss. So I suppose I intepret it in a grand sense; what is something the legal system is dealing with/adapting to in the current climate? :)



It is from the 2010 HSC Paper .... I thought so too! I struggled because I thought it was strange.. maybe it was from an older syllabus? The sample answer said victims rights/ appeals/ prosecuting white collar crime counted as a current issue.... mmmm may disregard this question before it just confuses me more hah
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 25, 2016, 12:33:32 am


It is from the 2010 HSC Paper .... I thought so too! I struggled because I thought it was strange.. maybe it was from an older syllabus? The sample answer said victims rights/ appeals/ prosecuting white collar crime counted as a current issue.... mmmm may disregard this question before it just confuses me more hah

Ahhh yep, that explains it, old syllabus. It changed the next year (I think), so while that question does make for good practice; use it with a grain of salt. They can't ask it anymore ;D
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 25, 2016, 02:28:06 pm
So you could definitely place protection of children in its own paragraph, stating something like "the legal system makes sufficient/ineffective attempts to meet its obligations under the UN Convention on the Rights of the Child through..." and sustain your judgement throughout :)

Not too sure about bail to be honest  :-\ - if you structure your paragraphs based on effectiveness/ineffectiveness then it really could go under any, but you have to ensure your stance is clear; have the bail laws now achieved justice for victims of DV? Or is it a limitation of the legal system that such social backlash from incidents of DV (murder of TVK) are required in order for the law evolve and ensure just outcomes for victims?

Hope this helps  ;D

Thankyou so much !!  :)
Title: Re: Legal Studies Question Thread
Post by: caninesandy on October 25, 2016, 10:42:42 pm
Hi everyone,

I am a little confused between the differences between robber and larceny.... could someone please help differentiate the two? :)
Thank you! :D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 26, 2016, 07:24:29 am
Hi everyone,

I am a little confused between the differences between robber and larceny.... could someone please help differentiate the two? :)
Thank you! :D

I'm a bit rusty, but I believe that robbery has the use of forced, whereas a larceny doesn't. If the use of force is assisted by a weapon (this could be anything from a screw driver to a gun) then it is classes as armed robbery :)

Larceny - without force
Robbery - force without weapon
Armed robbery - force with weapon

^ All involve the taking of someone else's property :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2016, 09:07:08 am
I'm a bit rusty, but I believe that robbery has the use of forced, whereas a larceny doesn't. If the use of force is assisted by a weapon (this could be anything from a screw driver to a gun) then it is classes as armed robbery :)

Larceny - without force
Robbery - force without weapon
Armed robbery - force with weapon

^ All involve the taking of someone else's property :)

Can vouch, that's 100% correct ;D
Title: Re: Legal Studies Question Thread
Post by: caninesandy on October 26, 2016, 09:43:12 am
I'm a bit rusty, but I believe that robbery has the use of forced, whereas a larceny doesn't. If the use of force is assisted by a weapon (this could be anything from a screw driver to a gun) then it is classes as armed robbery :)

Larceny - without force
Robbery - force without weapon
Armed robbery - force with weapon

^ All involve the taking of someone else's property :)

Thank you :D My teacher told me that robbery was stealing directly off a person, while larceny was stealing not off the person? I have had a little look in the NSW crimes act 1900 and it did say that:
Whosoever:
robs or assaults with intent to rob any person, or
steals any chattel, money, or valuable security from the person of
another,
shall, except where a greater punishment is provided by this Act, be
liable to imprisonment for fourteen years.

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2016, 10:12:24 am
Thank you :D My teacher told me that robbery was stealing directly off a person, while larceny was stealing not off the person? I have had a little look in the NSW crimes act 1900 and it did say that:
Whosoever:
robs or assaults with intent to rob any person, or
steals any chattel, money, or valuable security from the person of
another,
shall, except where a greater punishment is provided by this Act, be
liable to imprisonment for fourteen years.

That's the same interpretation, because if you want you want to take from someone directly, you require the use of force! ;D
Title: Re: Legal Studies Question Thread
Post by: caninesandy on October 26, 2016, 11:56:05 am
That's the same interpretation, because if you want you want to take from someone directly, you require the use of force! ;D

oh...but what if you pick-pocket someone?  :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2016, 01:13:42 pm
oh...but what if you pick-pocket someone?  :D

It's a little complex in NSW; you'll find explicit definitions of robbery in other states specify the use of force. NSW kind of distinguishes that as well, but they do also distinguish pickpocketing (stealing from the person) from larceny too. So it's a complicated one :P

Don't stress too much about this by the way, the HSC won't push a little subtlety in definition like this ;D it's great that you are considering it though!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 26, 2016, 02:16:41 pm

Don't stress too much about this by the way, the HSC won't push a little subtlety in definition like this ;D it's great that you are considering it though!

Exactly - larceny, robbery, armed robbery are all you need to know. My half yearly described a scenario of an armed robbery and asked us to select which suited it properly. They wouldn't go into small things that are basically synonymous :)
Title: Re: Legal Studies Question Thread
Post by: juanmata on October 26, 2016, 05:49:54 pm
Hey Elyse, i was just wondering how to fully prepare for the option topics. The questions are scattered and are too specific (from past papers), how should i approach the option questions?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 26, 2016, 06:05:53 pm
Hey Elyse, i was just wondering how to fully prepare for the option topics. The questions are scattered and are too specific (from past papers), how should i approach the option questions?

In my study, the most effective method I employed was getting a whiteboard (a piece of paper works too) and throwing up something from the right hand side of the syllabus. Then, I'd act as though that's an essay topic and just brainstorm everything I can think of to do with the topic - cases, legislation, facts, effectiveness, etc. This is good because it helps you prepare essays quickly (without having to actually do the full essay), it helps brings things to revision, but it also highlights the spots that are weak for you, so that you know where to go back and study more! I think this is a really effective method.

Obviously, brushing up on cases, legislation, international documents, etc, will all really help in an exam. I think if you use the above method, you'll work out quickly where you are lacking so you can hone in on those areas and improve before the exam comes around :)
Title: Re: Legal Studies Question Thread
Post by: caninesandy on October 26, 2016, 06:34:51 pm
It's a little complex in NSW; you'll find explicit definitions of robbery in other states specify the use of force. NSW kind of distinguishes that as well, but they do also distinguish pickpocketing (stealing from the person) from larceny too. So it's a complicated one :P

Don't stress too much about this by the way, the HSC won't push a little subtlety in definition like this ;D it's great that you are considering it though!

Gotcha :D Thank you :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 26, 2016, 11:03:25 pm
I am a bit rusty with my legal ( havent touched it since ive been revising eco/legal ) and was wondering for crime how much of the syllabus should i bother to re visit, my multiple choices seem fine ( averaging 17+), and i have essay plans for each of the 5 units for crime.

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2016, 11:20:27 pm
I am a bit rusty with my legal ( havent touched it since ive been revising eco/legal ) and was wondering for crime how much of the syllabus should i bother to re visit, my multiple choices seem fine ( averaging 17+), and i have essay plans for each of the 5 units for crime.

Thanks

Hey Deng! Sounds like you are pretty on top of it. Put priority on everything except the "Nature of Crime" section, since they won't draw essay questions from there. Besides that, keep on top of everything, especially Young Offenders. It hasn't been asked in the Crime essay yet so it's a definite candidate :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 26, 2016, 11:25:31 pm
Thanks Jamon!

Also, can i get some clarification on this MC

Solutions say D, but i thought if the accussed enters into a charge negotiation it skips the whole trial process in general ( since accussed is guilty, no need for trial to prove guilt )m so why would the judge have to consider it

Or does it mean consider as in consider its weight in reducing the sentence for the accussed ?
Title: Re: Legal Studies Question Thread
Post by: Adam.Stephanou on October 26, 2016, 11:36:48 pm
Hey, when you say the questions for the crime 15 marker wont be sourced from the chapter "The nature of crime", does that mean they won't ask a question in regards to categories of crimes? Thanks!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2016, 11:38:38 pm
Hey, when you say the questions for the crime 15 marker wont be sourced from the chapter "The nature of crime", does that mean they won't ask a question in regards to categories of crimes? Thanks!!

Welcome to the forums Adam! ;D

Correct; I mean you might want to mention it as part of your argument or something, but definitely not. They'd never give you an essay question just on the categories :) it will almost definitely be in the MC though, going off prior years! ;D
Title: Re: Legal Studies Question Thread
Post by: Adam.Stephanou on October 26, 2016, 11:40:24 pm
Thanks so much!! I will definitely keep in mind that it will most certainly be asked in MC!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2016, 11:46:30 pm
Thanks Jamon!

Also, can i get some clarification on this MC

Solutions say D, but i thought if the accussed enters into a charge negotiation it skips the whole trial process in general ( since accussed is guilty, no need for trial to prove guilt )m so why would the judge have to consider it

Or does it mean consider as in consider its weight in reducing the sentence for the accussed ?

No worries! This is just one to remember; charge negotiations are not just automatically accepted by a judge, because that isn't quite how it works. The Trial Process isn't skipped, because a guilty verdict is entered and the judge then considers that in sentencing.

It's a little roundabout. A judge doesn't HAVE to accept a plea bargain, and the extent to which it impacts on the sentence can vary. For that reason, we say the judge considers the agreement. It's just the more correct way of expressing how it works.

I agree that this question is tough though, don't fret if it doesn't quite sit right, because it didn't for me at the time either! :P
Title: Re: Legal Studies Question Thread
Post by: Adam.Stephanou on October 27, 2016, 12:13:14 am
Could they ask a Themes and Challenge question in regards to a specific area of a topic? Such as "Discuss the role of discretion in the criminal trial process?". Or would they always use themes and challenges in a broad sense?? Such as "Discuss the role of law reform in the criminal justice system?" Because if they specify it then I think I would freak out hahah! Also this question applies to the themes and challenges in my elective topics; Family and Shelter. Thanks!!!
Title: Re: Legal Studies Question Thread
Post by: Deng on October 27, 2016, 12:42:41 am
Could they ask a Themes and Challenge question in regards to a specific area of a topic? Such as "Discuss the role of discretion in the criminal trial process?". Or would they always use themes and challenges in a broad sense?? Such as "Discuss the role of law reform in the criminal justice system?" Because if they specify it then I think I would freak out hahah! Also this question applies to the themes and challenges in my elective topics; Family and Shelter. Thanks!!!

Im not entirely sure but i feel like BOSTES could be specific and ask the role of discretion in the criminal trial process since a theme and challenge is discretion in the criminal justice system ( which would encapsualte the trial process anyways )
Title: Re: Legal Studies Question Thread
Post by: Deng on October 27, 2016, 12:43:43 am
Hey guys, im wondering if anyone has harder examples of HR questions that they can share for practice

Thanks
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 27, 2016, 07:18:19 am
Hey guys, im wondering if anyone has harder examples of HR questions that they can share for practice

Thanks
I don't have questions on the top of my head but I'll suggest a few things that I was confused about in my own legal study, but managed to iron them out before the exam. In case you struggle with similar things I'll put them here:
-The division and separation of powers: and how this affects/protects human rights
-What are the Constitution's express rights?
-What are two examples of implied rights?
-What is the role of the AHRC? Give an example of a case involved.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 27, 2016, 08:34:32 am
Could they ask a Themes and Challenge question in regards to a specific area of a topic? Such as "Discuss the role of discretion in the criminal trial process?". Or would they always use themes and challenges in a broad sense?? Such as "Discuss the role of law reform in the criminal justice system?" Because if they specify it then I think I would freak out hahah! Also this question applies to the themes and challenges in my elective topics; Family and Shelter. Thanks!!!

Just to throw my two cents in here; the essays we've seen from BOSTES so far this year have been quite specific (Paper 2 especially). I would not be surprised if they blended a theme with a specific section of the justice system; so be prepared for it!! :)
Title: Re: Legal Studies Question Thread
Post by: captainclank on October 27, 2016, 03:02:29 pm
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?

"To what extent are courts the only means of achieving justice within the criminal justice system?" (HSC 2012)
Title: Re: Legal Studies Question Thread
Post by: captainclank on October 27, 2016, 03:07:00 pm
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?

To what extent are courts the only means of achieving justice within the criminal justice
system? (HSC 2012)

Also am unsure about this one.

"Explain the tension between community interests and individual rights and freedoms within the criminal justice system." (HSC 2011)

Is it drawing from the entire syllabus and focusing on the 'Themes and challenges' as it is not a very common theme?
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 27, 2016, 03:11:11 pm
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?

"To what extent are courts the only means of achieving justice within the criminal justice system?" (HSC 2012)

Precisely, and you could also discuss courts within that. So like, yes courts work, and heres my evidence of that, but heres some other stuff 'D

Also am unsure about this one.

"Explain the tension between community interests and individual rights and freedoms within the criminal justice system." (HSC 2011)

Is it drawing from the entire syllabus and focusing on the 'Themes and challenges' as it is not a very common theme?
Thanks :)

Yep, so you can draw from anywhere in the Crime syllabus here (except maybe Int. Crime), it's up to you to come up with your own analysis and ideas! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 27, 2016, 03:19:57 pm
I am unsure as to what parts of the syllabus this question is drawing from, is it talking about 'alternatives to court' in young offenders and 'alternative methods of sentencing including circle sentencing, restorative justice' in Sentencing and Punishment?

"To what extent are courts the only means of achieving justice within the criminal justice system?" (HSC 2012)

You definitely can talk about all of the above things! You could also talk about fines and cautions - and how these can achieve justice. You're definitely correct to talk about all of the above!
That would be a very interesting question if applied to young offenders! :)
Title: Re: Legal Studies Question Thread
Post by: captainclank on October 27, 2016, 06:06:51 pm
Sweet thanks guys :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 27, 2016, 10:53:21 pm
Just wondering how would i best study for option topics ? Just have essay plans ?

Also what are the odds on a court achieving justice question even though odds are on young offenders ( probably my weakest area for crime and family )
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 27, 2016, 11:14:07 pm
Just wondering how would i best study for option topics ? Just have essay plans ?

Also what are the odds on a court achieving justice question even though odds are on young offenders ( probably my weakest area for crime and family )

Essay plans/memorising legislation are all I prepared for my Options!! Just have a heap of evidence ready to go to pop on the paper to back up your arguments! ;D

Hmm, if the odds of a Young Offender question are high, the odds of a courts achieving justice question are medium to low. They asked it a few years ago, so probably won't repeat so soon :) :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 27, 2016, 11:29:54 pm
Would it be possible for you to check my scaffolds if i post em here? Not sure if i have enough detail etc also havent touched them since trials

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2016, 10:35:34 am
Would it be possible for you to check my scaffolds if i post em here? Not sure if i have enough detail etc also havent touched them since trials

Thanks

Absolutely!! Just post them in our essay marking thread though, you don't need to meet post count but it makes a little more sense there! :)
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 28, 2016, 02:13:46 pm
Hey, what are law reform essay questions should we study for the crime question?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2016, 02:27:17 pm
Hey, what are law reform essay questions should we study for the crime question?

Be sure you can talk about law reform for all of the main sections of the Crime syllabus; Trial, Investigation, Sentencing, as well as Young Offenders and International. They've not asked about law reform in ages, so it's a definite candidate for any/all of these areas ;D
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 28, 2016, 02:43:57 pm
Be sure you can talk about law reform for all of the main sections of the Crime syllabus; Trial, Investigation, Sentencing, as well as Young Offenders and International. They've not asked about law reform in ages, so it's a definite candidate for any/all of these areas ;D

Okay Thank You :)
By the way is law reform the main theme and challenge that we should study or are there other theme and challenges that have not appeared for a while?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2016, 02:49:27 pm
Okay Thank You :)
By the way is law reform the main theme and challenge that we should study or are there other theme and challenges that have not appeared for a while?

Law Reform is a big one; issues of compliance and non-compliance hasn't been asked yet but I think it is less likely. Balancing rights of offenders, victims and society is always one to watch for too :)
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 28, 2016, 02:53:28 pm
Okay thanks!! I just hope it's not a really specific question like the Catholic trials
Title: Re: Legal Studies Question Thread
Post by: hennyc on October 28, 2016, 05:35:17 pm
Is it fine to not prepare LCM on small dotpoints? I've skipped these dot points but i do have general notes on them.

Criminal Investigation Process (reporting crime, summons/warrants, rights of suspects)
Criminal Trial Process (Legal representation, burden and standard of proof)
Sentencing and Punishment (types of penalties, post sentencing)
Young Offenders (Rights of children when questioned)

They wouldn't ever specify a question specifically on one of these dot points right? is it sufficient to just mention dot points together with other major dotpoints?

Thank you
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 28, 2016, 05:57:00 pm
Is it fine to not prepare LCM on small dotpoints? I've skipped these dot points but i do have general notes on them.

Criminal Investigation Process (reporting crime, summons/warrants, rights of suspects)
Criminal Trial Process (Legal representation, burden and standard of proof)
Sentencing and Punishment (types of penalties, post sentencing)
Young Offenders (Rights of children when questioned)

They wouldn't ever specify a question specifically on one of these dot points right? is it sufficient to just mention dot points together with other major dotpoints?

Thank you

I definitely think it is more likely that they would ask about these dot points within a more broad question! Although, the sentencing and punishment one to me seems like it could be a question in its own - specific, but I think there is just enough there that they could ask about it. That's not to say that you couldn't draw on your ideas and notes from the other aspects of the syllabus that are nearby to this one!

So, it sounds like you've organised your study well, but it definitely is possible that they could ask about something like this...although unlikely to be so specific :) It is more likely that they'd tag it with something else, like a theme or challenge, or else with a broader section of the syllabus.
Title: Re: Legal Studies Question Thread
Post by: Deng on October 28, 2016, 08:45:29 pm
Just wondering if anyone has any case law/media articles/stats on consumer law.
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 28, 2016, 09:18:56 pm
Heyyyyy!! How would you set out paragraphs for a young offenders law reform essay question?
Thanks in advance
Title: Re: Legal Studies Question Thread
Post by: caninesandy on October 28, 2016, 10:40:36 pm
Hey guys! :D
I am trying to figuring out the difference (if there is one) between charge negotiation and plea bargaining but I keep getting myself confused, fail haha!
Thanks in advance!  ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2016, 11:13:24 pm
Hey guys! :D
I am trying to figuring out the difference (if there is one) between charge negotiation and plea bargaining but I keep getting myself confused, fail haha!
Thanks in advance!  ;D

Hey! My knowledge is that they are completely identical terms :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2016, 11:16:11 pm
Heyyyyy!! How would you set out paragraphs for a young offenders law reform essay question?
Thanks in advance

With great difficulty ;)

But seriously, I'd probably be looking at 3 key pieces of law reform that concern the area of Young Offenders.  Young Offenders Act would get one of them; the other two would be up to your research and choices. At least, that's how I would do it.

To be honest, if I saw this question in my HSC, I would not have been happy :P
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 29, 2016, 01:17:06 am
With great difficulty ;)

But seriously, I'd probably be looking at 3 key pieces of law reform that concern the area of Young Offenders.  Young Offenders Act would get one of them; the other two would be up to your research and choices. At least, that's how I would do it.

To be honest, if I saw this question in my HSC, I would not have been happy :P

Has the criminal trial process been tested yet.. or is that a possibility for this year as well?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 08:47:07 am
Has the criminal trial process been tested yet.. or is that a possibility for this year as well?

2012 had this little nifty question:

2012: To what extent are courts the only means of achieving justice within the criminal justice system?

So that was tested, but it was a while ago and perhaps not in the most conventional way. It's a possibility (but so is everything in the syllabus) :)
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 29, 2016, 09:39:50 am
I've been hearing a lot about the Iraqi invasion into Mosul to get ISIS out of its stronghold. I thought this would be a really useful case for World Order. But I am not sure in what part of the syllabus I could discuss this?
Title: Re: Legal Studies Question Thread
Post by: Deng on October 29, 2016, 10:46:41 am
For Human Rights, do i need to know every single development of human rights ( abolition of slavery, peace rights, trade unions etc ) also in the exam how would i know if im meant to be talking about contemporary issue or development of human rights for example in my trial i had an 8 marker that said explain how changing values have been reflected in the promotion and enforcement of one human rights issues and a majority of my class was confused on whether we were suppose to talk about contemp or development
Title: Re: Legal Studies Question Thread
Post by: Essej on October 29, 2016, 12:13:54 pm
For Human Rights, do i need to know every single development of human rights ( abolition of slavery, peace rights, trade unions etc ) also in the exam how would i know if im meant to be talking about contemporary issue or development of human rights for example in my trial i had an 8 marker that said explain how changing values have been reflected in the promotion and enforcement of one human rights issues and a majority of my class was confused on whether we were suppose to talk about contemp or development

Hey Deng!

I do think its important to know the development of each individual right as they can ask you on it - I was lucky enough to have a question in my trial JUST on universal suffrage - however these sorts of questions wouldn't be worth more than say 4-5 marks. The marker just wants to see a progression with a few key dates; for reference, i used in my trial:
Universal Suffrage (Right to Vote):
- Women's suffrage societies in Australian colonies during the 1890s
- 1894 - SA women granted voting rights
- 1928 - British women given right to vote
- 1948 - UDHR Article 21 protects the right to vote for all people


For the other part of your question, i suggest looking at Question 24 on the 2013 HSC paper, pretty much the exact same question. The marking guidelines stipulate, for the full 7 marks for this question you should include:

- Reference to international instruments, human rights documents and domestic legislation which seek to enforce a particular human right issue.
- Reference to the role of various non-government organizations as well as print media, social media, film and television to illustrate the way in which changing values are reflected in the promotion of a human right issue.

When doing this, i looked at the issue of discrimination as it was easy to incorporate the evolution of statutory law (ie Racial Discrimination Act 1975) and International Law (UDHR) and how changing attitudes towards the aboriginal people, women and homosexuality etc. are reflected in the promotion/enforcement of human rights.

Hope this helps !
Title: Re: Legal Studies Question Thread
Post by: Deng on October 29, 2016, 12:55:52 pm
Hey Deng!

I do think its important to know the development of each individual right as they can ask you on it - I was lucky enough to have a question in my trial JUST on universal suffrage - however these sorts of questions wouldn't be worth more than say 4-5 marks. The marker just wants to see a progression with a few key dates; for reference, i used in my trial:
Universal Suffrage (Right to Vote):
- Women's suffrage societies in Australian colonies during the 1890s
- 1894 - SA women granted voting rights
- 1928 - British women given right to vote
- 1948 - UDHR Article 21 protects the right to vote for all people


For the other part of your question, i suggest looking at Question 24 on the 2013 HSC paper, pretty much the exact same question. The marking guidelines stipulate, for the full 7 marks for this question you should include:

- Reference to international instruments, human rights documents and domestic legislation which seek to enforce a particular human right issue.
- Reference to the role of various non-government organizations as well as print media, social media, film and television to illustrate the way in which changing values are reflected in the promotion of a human right issue.

When doing this, i looked at the issue of discrimination as it was easy to incorporate the evolution of statutory law (ie Racial Discrimination Act 1975) and International Law (UDHR) and how changing attitudes towards the aboriginal people, women and homosexuality etc. are reflected in the promotion/enforcement of human rights.

Hope this helps !


So, when you say you taked about discrimination youres saying you dont necessarily have to focus on a human rights issue that is part of the syllabus?
So for example i can talk about same-sex marriage and as long as i answer the questions i can still get full marks ?
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 29, 2016, 01:28:39 pm
Hi !
For this question, "Evaluate the effectiveness of legal and non-legal responses to the issue of the changing nature of parental responsibility,"the legal responses its mainly just laws and law reforms right?? so i don't know how to split it into two different paragraphs or two different ideas? Like what would be an idea i could talk about in each of the paragraphs?

Thanks
Title: Re: Legal Studies Question Thread
Post by: aoife98 on October 29, 2016, 01:50:29 pm
For a question evaluating international crime, what's the best way to scaffold it/umbrella pros and cons?

Title: Re: Legal Studies Question Thread
Post by: Essej on October 29, 2016, 02:21:59 pm

So, when you say you taked about discrimination youres saying you dont necessarily have to focus on a human rights issue that is part of the syllabus?
So for example i can talk about same-sex marriage and as long as i answer the questions i can still get full marks ?

The marking criteria doesn't state you need to, just says "refer to a specific issue", so i don't see why you couldn't get full marks for something like discrimination - I found it much easier to use than the abolition of slavery and suffrage as it is more applicable in our modern context. Ensure you use discrimination specifically however, same-sex marriage promotion would stem from that.

Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on October 29, 2016, 02:41:02 pm
Has anyone ever realised that if you accidentally misspell united it becomes the oxymoron?

(weird things happen when you study too much legal)
Title: Re: Legal Studies Question Thread
Post by: AFix on October 29, 2016, 02:54:31 pm
Has anyone ever realised that if you accidentally misspell united it becomes the oxymoron?

(weird things happen when you study too much legal)

Wouldn't it be more ironic and than oxymoronic?  But still, good find!
Title: Re: Legal Studies Question Thread
Post by: Deng on October 29, 2016, 03:25:47 pm
Would there be enough information for BOSTES to specify

Exaime the role of legal rep in the criminal trial

Evaluate the effectiveness of the jury system in the criminal trial

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 29, 2016, 03:56:39 pm
Would there be enough information for BOSTES to specify

Exaime the role of legal rep in the criminal trial

Evaluate the effectiveness of the jury system in the criminal trial

I doubt both of these - but the second seems more likely than the first! Perhaps the role of partiality...the role of the rule of law...any of these things would encompass these, although I have considered before that they'd be wildly specific on the role of the jury. I'd say it's extremely unlikely but not impossible.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 04:23:22 pm
I've been hearing a lot about the Iraqi invasion into Mosul to get ISIS out of its stronghold. I thought this would be a really useful case for World Order. But I am not sure in what part of the syllabus I could discuss this?

I think that it work well pretty much everywhere! Just another case study that you can use, based on my limited knowledge I'd imagine it would be pretty versatile ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 04:26:21 pm
Would there be enough information for BOSTES to specify

Exaime the role of legal rep in the criminal trial

Evaluate the effectiveness of the jury system in the criminal trial

The jury question has come up in Trials before... Don't rule it out completely  8)
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 29, 2016, 04:33:55 pm
I think that it work well pretty much everywhere! Just another case study that you can use, based on my limited knowledge I'd imagine it would be pretty versatile ;D

Thanks Jamon :)

With case studies, can you do a paragraph based on a case and discuss issues of sovereignty/ failure of UN.... or is it better to discuss the issue and support it with the example. Does this make sense?

Also, do cases such as Rwanda 1994, Bosnia 1995 count as contemporary examples? If not, would it be a good idea to still use them or would it be better to find 2015-16 examples?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 04:36:19 pm
Thanks Jamon :)

With case studies, can you do a paragraph based on a case and discuss issues of sovereignty/ failure of UN.... or is it better to discuss the issue and support it with the example. Does this make sense?

Also, do cases such as Rwanda 1994, Bosnia 1995 count as contemporary examples? If not, would it be a good idea to still use them or would it be better to find 2015-16 examples?

Do you mean like, issue based paragraphs, or case-study based paragraphs? Both work!! ;D totally depends on your preferences, I've seen 20/20's in both styles :)

Hmm, I'd say those are probably just a tad too old now, though you could use them as additional evidence! I like to keep my World Order examples fairly contemporary, the last 5-6 years if possible :) :) :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 29, 2016, 05:02:54 pm
I know none of the moderators had consumer law as their option topic but i was wondering if they knew how to prepare for it, the textbooks and my own resources/internet is fairly limited compared to my family and crime prep

Also, what are some good tips to rote learn essay plans from now till wednesday ?

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 05:07:50 pm
I know none of the moderators had consumer law as their option topic but i was wondering if they knew how to prepare for it, the textbooks and my own resources/internet is fairly limited compared to my family and crime prep

Also, what are some good tips to rote learn essay plans from now till wednesday ?

Thanks

On the essay plans, your best bet is seriously to just be writing the essays. Like you can sit and just read your essay plan over and over if you want, but I think writing the essay you are planning is the way to make it stick! Plus, writing practice essays is just the best way to prepare for the Legal Studies Exam, full stop ;)
Title: Re: Legal Studies Question Thread
Post by: angiezhang9 on October 29, 2016, 05:27:49 pm
Do you mean like, issue based paragraphs, or case-study based paragraphs? Both work!! ;D totally depends on your preferences, I've seen 20/20's in both styles :)

Hmm, I'd say those are probably just a tad too old now, though you could use them as additional evidence! I like to keep my World Order examples fairly contemporary, the last 5-6 years if possible :) :) :)

That's good to know, Thanks!
Title: Re: Legal Studies Question Thread
Post by: Rd2487 on October 29, 2016, 05:45:16 pm
Hi Jamon
I have this practice essay question - "To what extent does the jury system achieve justice?". So for this i handwrote my essay. So will it be fine if i talked about some of issues concerning Juries such as in Bilal skaf case. And what about charge negotiation, could i include that as well. Its really that i think i  don't have enough cases and media to suit this question.

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 06:04:09 pm
Hi Jamon
I have this practice essay question - "To what extent does the jury system achieve justice?". So for this i handwrote my essay. So will it be fine if i talked about some of issues concerning Juries such as in Bilal skaf case. And what about charge negotiation, could i include that as well. Its really that i think i  don't have enough cases and media to suit this question.

Thanks

Hey there! That sounds good to me; charge negotiation could work if you link it to undermining the juries ability to achieve justice, because it prevents them from needing to offer a verdict/consider the evidence. Be sure you are discussing the Jury Amendment Act (2006) and how it eliminated a need for all jurors to vote the same way! :) it's a super specific question, so I totally understand the lack of evidence! Picking some good cases and analysing the above act would be a great start :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 29, 2016, 06:07:56 pm
Hey Jamon, i was wondering what the Jury AMendment Act (2010) provided, i thought the 11-1 vote came under the Jury (Verdict) Amendment ACt 2006 (NSW)

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2016, 06:09:49 pm
Hey Jamon, i was wondering what the Jury AMendment Act (2010) provided, i thought the 11-1 vote came under the Jury (Verdict) Amendment ACt 2006 (NSW)

Ahh right you are Deng, I misspoke. Just fixed the post above. Thanks for that! ;D
Title: Re: Legal Studies Question Thread
Post by: Deng on October 29, 2016, 09:59:28 pm
IF the essay was on young offenders and law reform and assuming it was an evaluate the effectiveness essay would these points be alright to talk about

--> Young Offenders Act 1997, link how that legislation was created due to growing societal concerns on the welfare of children (? not sure if that is the actual reason) and then talk about how it establised YJC, and the 3 tier system, statistics showing that it is effective in rehabilitating children and reducing recidivism

--> Bail Amednment Act 2013 and how it removed limitations on multiple bail applications for young offenders which was imposed by the Bail Amendment Act 2007 and then stat how the removal of the limitations saw an increase in incarceration

--> Third point would be the introduction of the Children's Court Act 1997 to better meet the needs of dealing with children in the CJS

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 30, 2016, 12:08:32 am
IF the essay was on young offenders and law reform and assuming it was an evaluate the effectiveness essay would these points be alright to talk about

--> Young Offenders Act 1997, link how that legislation was created due to growing societal concerns on the welfare of children (? not sure if that is the actual reason) and then talk about how it establised YJC, and the 3 tier system, statistics showing that it is effective in rehabilitating children and reducing recidivism

--> Bail Amednment Act 2013 and how it removed limitations on multiple bail applications for young offenders which was imposed by the Bail Amendment Act 2007 and then stat how the removal of the limitations saw an increase in incarceration

--> Third point would be the introduction of the Children's Court Act 1997 to better meet the needs of dealing with children in the CJS

Thanks

I think this sounds like an excellent plan! Be sure to have the required depth with these, including specific examples of them being applied in cases, statistics, and perhaps even the reports/inquiries that lead to the establishment of the laws you are discussing! ;D

The Young Offenders Act is a big point here; you could do multiple paragraphs on it alone! You'll have a lot to talk about in that first section ;D
Title: Re: Legal Studies Question Thread
Post by: hennyc on October 30, 2016, 02:46:43 am
After we have prepared and memorised all our LCM for all topics what's the best thing to do?

Thesis statements and trying to make sophisticated arguments?

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 30, 2016, 10:42:10 am
After we have prepared and memorised all our LCM for all topics what's the best thing to do?

Thesis statements and trying to make sophisticated arguments?

Hey Henny! Yep, and lots of practice! Over the last few days you should try doing some exams under exam conditions and seeing how you go; it might identify some weaknesses you can address! :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 30, 2016, 11:49:40 am
Just wondering should i bother having an extensive plan on international crime since it was asked last year ( i have a very brief plan of domestic + int responses to transational + international crime )?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 30, 2016, 12:43:15 pm
Just wondering should i bother having an extensive plan on international crime since it was asked last year ( i have a very brief plan of domestic + int responses to transational + international crime )?

On the balance of probabilities you should be okay to have just done some brief planning! :)
Title: Re: Legal Studies Question Thread
Post by: Lottie99 on October 30, 2016, 12:56:34 pm
To score in the high A range for the options how many pieces of legislation/media articles/cases should you have per paragraph?
Title: Re: Legal Studies Question Thread
Post by: Essej on October 30, 2016, 01:00:26 pm
On the balance of probabilities you should be okay to have just done some brief planning! :)

Can we all just take a moment to appreciate this pun
Title: Re: Legal Studies Question Thread
Post by: melprocrastinator on October 30, 2016, 01:17:01 pm
Can we all just take a moment to appreciate this pun

you beat me to it, hahaha. I appreciate the pun
Title: Re: Legal Studies Question Thread
Post by: Elenaa on October 30, 2016, 02:17:17 pm
Hellooo
Just wondering (for the people doing world order as an option) what you guys think the world order essay will be on?
 :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 30, 2016, 02:23:09 pm
To score in the high A range for the options how many pieces of legislation/media articles/cases should you have per paragraph?

Hey! This is something without a single answer, because it totally depends what you do with them. A single case can be analysed in depth in a paragraph to excellent effect! That said, usually, about 3 would be a minimum, but if you want to really get into the high range then the more the better (I usually had between 4-6) :)
Title: Re: Legal Studies Question Thread
Post by: Deng on October 30, 2016, 03:12:11 pm
Hey guys, how many words is expected for a 25 marker, for example in 2015 the consumer option was very specific - NGOs/Media and the other one being regulation of marketing and advertising which are both short itself within the textbook
Title: Re: Legal Studies Question Thread
Post by: asd987 on October 30, 2016, 03:34:44 pm
Does anyone have any information or good websites for the Kiesha Abraham case
Title: Re: Legal Studies Question Thread
Post by: AFix on October 30, 2016, 03:57:13 pm
Hey guys, how many words is expected for a 25 marker, for example in 2015 the consumer option was very specific - NGOs/Media and the other one being regulation of marketing and advertising which are both short itself within the textbook

I'd say around 900-1200
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 30, 2016, 03:59:37 pm
Hey guys, how many words is expected for a 25 marker, for example in 2015 the consumer option was very specific - NGOs/Media and the other one being regulation of marketing and advertising which are both short itself within the textbook

To get into the high range, probably 750 at an absolute minimum (and you'd have to be a good writer). Usually closer to and perhaps even exceeding 1000 is better. In general, getting well into your second booklet is the goal I advise :)

Does anyone have any information or good websites for the Kiesha Abraham case

Try here!
Title: Re: Legal Studies Question Thread
Post by: Rd2487 on October 30, 2016, 06:50:17 pm
Hey Jamon
Even though with my LCDMT, I still feel that I'm not making many points, at times being repetitive. Like lets say for the criminal investigation process,  I talked about investigation of crime - on how the law has taken more stricter approach for community welfare but in many instances it may conflict with individual liberties. Also talked about detention and bail. When I'm making the evaluation at the end of each paragraph, i've stated the arguments that I described through my case. But straight after i did the linking sentence in which i evaluated, then moved to next paragraph.
 So how should i expand on this generally before coming to the link.

the only thing is like I've got evidence but arguments doesn't seem to flow naturally. What do you suggest?

Thanks
Title: Re: Legal Studies Question Thread
Post by: AFix on October 31, 2016, 11:43:18 am
Hey Jamon
Even though with my LCDMT, I still feel that I'm not making many points, at times being repetitive. Like lets say for the criminal investigation process,  I talked about investigation of crime - on how the law has taken more stricter approach for community welfare but in many instances it may conflict with individual liberties. Also talked about detention and bail. When I'm making the evaluation at the end of each paragraph, i've stated the arguments that I described through my case. But straight after i did the linking sentence in which i evaluated, then moved to next paragraph.
 So how should i expand on this generally before coming to the link.

the only thing is like I've got evidence but arguments doesn't seem to flow naturally. What do you suggest?

Thanks

What you're doing seems fine!  I, personally, don't seem to see the problem?
Title: Re: Legal Studies Question Thread
Post by: AFix on October 31, 2016, 11:45:21 am
Hey guys, does anyone know what questions/themes haven't been asked yet? 

Was it just the investigation process, sentencing/punishment and Young Offenders?  Cheers!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2016, 11:52:07 am
Hey Jamon
Even though with my LCDMT, I still feel that I'm not making many points, at times being repetitive. Like lets say for the criminal investigation process,  I talked about investigation of crime - on how the law has taken more stricter approach for community welfare but in many instances it may conflict with individual liberties. Also talked about detention and bail. When I'm making the evaluation at the end of each paragraph, i've stated the arguments that I described through my case. But straight after i did the linking sentence in which i evaluated, then moved to next paragraph.
 So how should i expand on this generally before coming to the link.

the only thing is like I've got evidence but arguments doesn't seem to flow naturally. What do you suggest?

Thanks

I'm with AFix, what you are doing sounds great in principal! But I think you mean just the logical progression of your paragraphs from one to the next? Why don't you upload a couple of paragraphs you are concerned about, or even just the intros and conclusions, because it sounds like you are on the money? :)
Title: Re: Legal Studies Question Thread
Post by: Rd2487 on October 31, 2016, 01:10:29 pm
Thanks Jamon I was a lot worried before.
Also can you please have a quick look at this introduction and first body.

Thanks for all your help, really appreciate it :)
Title: Re: Legal Studies Question Thread
Post by: nay103 on October 31, 2016, 05:57:44 pm
Hi!
For the options (or even crime though I seriously hope not) if they ask about legal and non-legal responses how should we focus our essay? Should we discuss legal: non-legal as a 1 to 1 ratio or would it be okay in a four paragraph essay to have 3 legal and 1 non-legal? I just feel the focus shouldn't be on non-legal since it is LEGAL studies, not NON-legal studies, after all... ;)
Thank you!
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 31, 2016, 06:08:48 pm

Hi!
For the options (or even crime though I seriously hope not) if they ask about legal and non-legal responses how should we focus our essay? Should we discuss legal: non-legal as a 1 to 1 ratio or would it be okay in a four paragraph essay to have 3 legal and 1 non-legal? I just feel the focus shouldn't be on non-legal since it is LEGAL studies, not NON-legal studies, after all... ;)
Thank you!

Hey! For trials, the world order question was legal and non legal! I did the 3 legal and 1 non legal and I lost marks for that because it should be an even ratio of both legal and non legal.
Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2016, 06:34:58 pm
Hi!
For the options (or even crime though I seriously hope not) if they ask about legal and non-legal responses how should we focus our essay? Should we discuss legal: non-legal as a 1 to 1 ratio or would it be okay in a four paragraph essay to have 3 legal and 1 non-legal? I just feel the focus shouldn't be on non-legal since it is LEGAL studies, not NON-legal studies, after all... ;)
Thank you!

Hey nay! I definitely agree, and that ratio sounds okay to me! As atar27 suggested above though, it could be a bit out of swing. If you do it, the paragraph on non-legal would have to be really substantial. It could be a little awkward.

The other thing you could do is integrate non-legal throughout your legal responses! Talk about how they assist the legal mechanisms in being more effective (raising awareness, promoting discussion, etc etc) :)

I think a slight imbalance, like 60-40, is okay! But 75-25 might be swinging a tad too far! :)
Title: Re: Legal Studies Question Thread
Post by: atar27 on October 31, 2016, 07:38:03 pm
Hey, it is okay if you can please mark this and give me feedback. R2P confuses me so much :(

Responsibility to Protect
As the sovereign powers of states allow them to neglect their responsibility to protect their population, R2P places a secondary obligation for international assistance. This reform rose in response to the controversy that raged over wether the international community had the ‘right of international intervention’ in the conflict of Rwanda, Bosnia and Kosovo. Adoption of the new doctrine represented an international commitment by states to prevent and react to grave crisis wherever they may occur. R2P’s Pillar Two constitutes that the international community has a responsibility to assist the state to fulfil its primary responsibility. However, a speech given at the General Assembly Thematic Dialogue on the Responsibility to Protect 2009 outline the issues in R2P as an example of ‘dominant law making’ as the notions of ‘manifestly failing’ significantly sharpened the UN Charter Article 42. Yet, the R2P’s effectiveness is demonstrated within Libya after the UNSC successfully ordered creasers of Gaddafi strongholds and enforced a ‘no fly zone’. Ramesh Thanker states in ‘Has  R2P worked in Libya 2011 that, ‘The outcome is a triumph and first and foremost for the citizen soldiers. It is a triumph secondary for R2P’. It is successful as it abolishes the enforceability restraint that was perviously associated with the UNSC. Whilst R2P was effective in Libya, Syria represents a contemporary issue that has been ineffectively responded to, largely due to consistent veto’s by SC members. According to the Telegraph article, ‘UN no longer fit for purpose after Syria says Amnesty’ 2012 the Amnesty Security General states that the UN is ‘tired out of step and anachronistic’ as Russia has vetoed sanctions, arms embargo and referral to the ICC. Yet, in 2016 a recent BBC article, ‘Syria Conflict: US and UK rhetoric ‘unacceptable’ Russia, states that Mr Peskov acknowledged the truce deal had been ‘not very effective’, but insisted that Moscow ‘definitely remains hopeful, and most importantly it retain the political will to apply as much effort as possible to find a steady path for political settlement in Syria’ This explicitly highlights the effectiveness of the R2P doctrine in attempting to create cooperation
Title: Re: Legal Studies Question Thread
Post by: Scarlet on October 31, 2016, 08:45:35 pm
Hi legal eagles !!

I have a question about the human rights topic, I don't understand what intergovernmental organisations and statutory authorities are...
Could someone please explain these to me and give me examples on how they promote and enforce human rights ?

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2016, 09:07:02 pm
Hi legal eagles !!

I have a question about the human rights topic, I don't understand what intergovernmental organisations and statutory authorities are...
Could someone please explain these to me and give me examples on how they promote and enforce human rights ?

Hey Scarlet!! Okay, let's get into those:

An intergovernmental organisation is an organisation that consists of multiple nation states, who "sign up" as members in order to discuss/address international issues. It is an organisation of multiple countries, essentially! An example is the North Atlantic Treaty Organisation, which is an IGO of countries in the North Atlantic. The organisation focuses on maintaining peace and economic prosperity. These IGO's can protect human rights essentially by peer pressure. For example, NATO has put a lot of pressure on North Korea for their human rights violations. If everyone in your organisation is against you, chances are you'll shape up.

A statutory authority is a body that is given authority/power by a statute/law. The Australian Human Rights Commission is an example, which was brought into power by the Australian Human Rights Commission Act 1986. The statute gives the commission power to investigate human rights issues and make recommendations to parliament. They assist in court proceedings as well. The ability of a statutory body like this to protect human rights? Do a bit of research into the AHRC, make your own call as to how effective they are ;D

To those above wanting a paragraph marked, I'm doing a mark run late this evening! Expect feedback by the morning! ;D

Title: Re: Legal Studies Question Thread
Post by: Scarlet on October 31, 2016, 09:16:48 pm
Thank you Jamon !!  :)
I'll make sure to do the extra research into the AHRC

Hey Scarlet!! Okay, let's get into those:

An intergovernmental organisation is an organisation that consists of multiple nation states, who "sign up" as members in order to discuss/address international issues. It is an organisation of multiple countries, essentially! An example is the North Atlantic Treaty Organisation, which is an IGO of countries in the North Atlantic. The organisation focuses on maintaining peace and economic prosperity. These IGO's can protect human rights essentially by peer pressure. For example, NATO has put a lot of pressure on North Korea for their human rights violations. If everyone in your organisation is against you, chances are you'll shape up.

A statutory authority is a body that is given authority/power by a statute/law. The Australian Human Rights Commission is an example, which was brought into power by the Australian Human Rights Commission Act 1986. The statute gives the commission power to investigate human rights issues and make recommendations to parliament. They assist in court proceedings as well. The ability of a statutory body like this to protect human rights? Do a bit of research into the AHRC, make your own call as to how effective they are ;D

To those above wanting a paragraph marked, I'm doing a mark run late this evening! Expect feedback by the morning! ;D
Title: Re: Legal Studies Question Thread
Post by: vip99 on October 31, 2016, 10:21:54 pm
hi :) i was just wondering how to approach essay questions on compliance and non-compliance for the topic of crime, human rights, family, and world order.
Also, would you recommend memorising three general essays for crime, family, and world order?
Thank you!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2016, 10:42:42 pm
hi :) i was just wondering how to approach essay questions on compliance and non-compliance for the topic of crime, human rights, family, and world order.
Also, would you recommend memorising three general essays for crime, family, and world order?
Thank you!!

Welcome to the forums vip99! ;D

So compliance/non-compliance is about how effectively the law encourages citizens to abide by it. In general, this relates to:
- The ability of the law to act as a deterrence for bad behaviour (by individuals or, for world order, countries)
- The extent to which the law reflects societal standards
- The ability of the law to handle non-compliance in a way that suits the circumstance (justice)

And other things. For Crime, you could talk about things like:
- Deterrence in Sentencing
- The Investigation Process
- Crime Prevention Strategies

For Family, take a similar approach, perhaps focused on the issues of domestic violence? Compliance/non compliance would be tricky for a Family question, unlikely to come up.

For World Order however, compliance and non-compliance plays a large role. Talk massively about state sovereignty as a barrier to compliance, then just analyse things like UN, IGO's etc in terms of how well they encourage nation states to abide by international standards.

For memorised essays, I'd advise against it. Just too many things that could be asked, for Family particularly. I'd just be memorising lots of evidence! :)
Title: Re: Legal Studies Question Thread
Post by: vip99 on October 31, 2016, 10:59:00 pm
Welcome to the forums vip99! ;D

So compliance/non-compliance is about how effectively the law encourages citizens to abide by it. In general, this relates to:
- The ability of the law to act as a deterrence for bad behaviour (by individuals or, for world order, countries)
- The extent to which the law reflects societal standards
- The ability of the law to handle non-compliance in a way that suits the circumstance (justice)

And other things. For Crime, you could talk about things like:
- Deterrence in Sentencing
- The Investigation Process
- Crime Prevention Strategies

For Family, take a similar approach, perhaps focused on the issues of domestic violence? Compliance/non compliance would be tricky for a Family question, unlikely to come up.

For World Order however, compliance and non-compliance plays a large role. Talk massively about state sovereignty as a barrier to compliance, then just analyse things like UN, IGO's etc in terms of how well they encourage nation states to abide by international standards.

For memorised essays, I'd advise against it. Just too many things that could be asked, for Family particularly. I'd just be memorising lots of evidence! :)

Thank you so much!!  :D really appreciate it!!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2016, 11:06:03 pm
Thanks Jamon I was a lot worried before.
Also can you please have a quick look at this introduction and first body.
Thanks for all your help, really appreciate it :)

I think the ideas covered in that introduction work really well! The bit at the end about law reform feels just a bit "tacked on" as an afterthought, you may want to consider bringing it in earlier, or perhaps ditching it entirely! It doesn't seem essential. Besides this, your list of paragraph topics sets up your essay well, and the ideas are presented clearly.

If the first paragraph is an indicator of your analytical style, then you have nothing to worry about. It works really really well! I would say that perhaps you go a little bit off track; at the start of the paragraph you are all about rehabilitation to prevent recidivism, but by the end you aren't really talking about that anymore (see your conclusion as evidence). Be sure that you keep the focus on rehabilitation (or make your topic sentence a little broader to make sure you can talk about more stuff).

I could pick little issues here and there with expression and stuff, but on the whole you are writing excellently. I'd be super confident of smashing out something great on Wednesday! ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2016, 11:19:50 pm
Hey, it is okay if you can please mark this and give me feedback. R2P confuses me so much :(

Sure thing atar!

Click Here for Feedback
Responsibility to Protect
As the sovereign powers of states allow them to neglect their responsibility to protect their population, R2P places a secondary obligation for international assistance. I feel like this could be expressed a little more clearly; who does the obligation lie with? That's the main piece of info that's missing for me. The idea is still clear though ;D This reform rose in response to the controversy that raged over wether the international community had the ‘right of international intervention’ in the conflict of Rwanda, Bosnia and Kosovo. Nice piece of historical context. Adoption of the new doctrine represented an international commitment by states to prevent and react to grave crisis wherever they may occur. R2P’s Pillar Two constitutes that the international community has a responsibility to assist the state to fulfil its primary responsibility. However, a speech given at the General Assembly Thematic Dialogue on the Responsibility to Protect 2009 outline the issues in R2P as an example of ‘dominant law making’ as the notions of ‘manifestly failing’ significantly sharpened the UN Charter Article 42. This feels like a critique without substance right now, since you've not done any analysis yourself, if you know what I mean? I'd prefer you to make your own points about effectiveness first, give me an example, THEN back it up with this sort of secondary evidence. Yet, the R2P’s effectiveness is demonstrated within Libya after the UNSC successfully ordered creasers of Gaddafi strongholds and enforced a ‘no fly zone’. How does this demonstrate effectiveness? Effective, why? Ramesh Thanker states in ‘Has  R2P worked in Libya 2011 that, ‘The outcome is a triumph and first and foremost for the citizen soldiers. It is a triumph secondary for R2P’. It is successful as it abolishes the enforceability restraint that was perviously associated with the UNSC. Cool! There we go, excellent, would you have an example of this constraint manifesting elsewhere? Whilst R2P was effective in Libya, Syria represents a contemporary issue that has been ineffectively responded to, largely due to consistent veto’s by SC members. Thus demonstrating the ineffectiveness of R2P; remember to consistently link to the main idea explicitly! According to the Telegraph article, ‘UN no longer fit for purpose after Syria says Amnesty’ 2012 the Amnesty Security General states that the UN is ‘tired out of step and anachronistic’ as Russia has vetoed sanctions, arms embargo and referral to the ICC. Yet, in 2016 a recent BBC article, ‘Syria Conflict: US and UK rhetoric ‘unacceptable’ Russia, states that Mr Peskov acknowledged the truce deal had been ‘not very effective’, but insisted that Moscow ‘definitely remains hopeful, and most importantly it retain the political will to apply as much effort as possible to find a steady path for political settlement in Syria’ Excellent integration of media articles! This explicitly highlights the effectiveness of the R2P doctrine in attempting to create cooperation. You've presented a two sided argument; try and have a two-sided conclusion!

I think that you are covering the main arguments that would be essential in an R2P paragraph! Good discussion of paralysis by vetos, intervention in crises, etc etc ;D

Mostly my recommendations would be more on analytical style than anything else! Make sure you are consistently linking back to the argument you are making on R2P, and if you want to cover positives and negatives, make this obvious at the start and finish!

That said; I think you understand R2P very well! Nicely done ;D

Title: Re: Legal Studies Question Thread
Post by: Rd2487 on November 01, 2016, 07:45:49 am
Just wondering for the family law elective, if the question asks on contemporary issues, Is it fine to include domestic violence as one or does it have to be only from the four listed??
Title: Re: Legal Studies Question Thread
Post by: caninesandy on November 01, 2016, 08:46:42 am
Hey ATARNotes! :D

I am so excited to have legal studies tomorrow as my last exam!!! One of my favourite subjects :)
I was wondering how you reckon we should study today, the day before? :D How can we most efficiently use our time today? Practice questions? Refine arguments?

Thank you  ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 10:12:57 am
Just wondering for the family law elective, if the question asks on contemporary issues, Is it fine to include domestic violence as one or does it have to be only from the four listed??

Hey! You might be able to make it work, but I think your best bet is to stick to the four indicated in the syllabus ;D
Title: Re: Legal Studies Question Thread
Post by: rinagee12 on November 01, 2016, 10:16:08 am
Question re: world order - when evaluating the effectiveness of international responses to world order issues, is it okay to just focus on how well they've resolved contemporary issues specifically, and not really mention their past achievements? Basically I want to evaluate Sudan/North Korea/Syria conflicts but I'm not sure if I would also have to evaluate past conflicts like Rwanda.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 10:30:56 am
Hey ATARNotes! :D

I am so excited to have legal studies tomorrow as my last exam!!! One of my favourite subjects :)
I was wondering how you reckon we should study today, the day before? :D How can we most efficiently use our time today? Practice questions? Refine arguments?

Thank you  ;D

There will be an article about this up in the next few hours!! Keep an eye on the forums ;D
Title: Re: Legal Studies Question Thread
Post by: captainclank on November 01, 2016, 10:33:23 am
Hey I'm not sure how I would approach a question on young offenders on compliance.

Such as "Assess how the legal system deals with problems of non-compliance among young offenders"

Thanks  :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 10:37:00 am
Question re: world order - when evaluating the effectiveness of international responses to world order issues, is it okay to just focus on how well they've resolved contemporary issues specifically, and not really mention their past achievements? Basically I want to evaluate Sudan/North Korea/Syria conflicts but I'm not sure if I would also have to evaluate past conflicts like Rwanda.

That is definitely okay! Historical stuff is just one tool in the box; you don't necessarily need to use it (contemporary stuff is almost always better anyway) ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 10:38:47 am
Hey I'm not sure how I would approach a question on young offenders on compliance.

Such as "Assess how the legal system deals with problems of non-compliance among young offenders"

Thanks  :D

A super unlikely question, but you could use:

- The Three Tier System as a way to encourage compliance through rehabilitation
- The Childrens Court (and its procedures) as a way to encourage compliance for children specifically
- Sentencing considerations for children, and how they encourage compliance/non-compliance

;D
Title: Re: Legal Studies Question Thread
Post by: caninesandy on November 01, 2016, 11:16:12 am
Hey I'm not sure how I would approach a question on young offenders on compliance.

Such as "Assess how the legal system deals with problems of non-compliance among young offenders"

Thanks  :D

If a question like that comes I'll probably just cry.  :'(
Title: Re: Legal Studies Question Thread
Post by: atar27 on November 01, 2016, 11:52:54 am

Sure thing atar!

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Responsibility to Protect
As the sovereign powers of states allow them to neglect their responsibility to protect their population, R2P places a secondary obligation for international assistance. I feel like this could be expressed a little more clearly; who does the obligation lie with? That's the main piece of info that's missing for me. The idea is still clear though ;D This reform rose in response to the controversy that raged over wether the international community had the ‘right of international intervention’ in the conflict of Rwanda, Bosnia and Kosovo. Nice piece of historical context. Adoption of the new doctrine represented an international commitment by states to prevent and react to grave crisis wherever they may occur. R2P’s Pillar Two constitutes that the international community has a responsibility to assist the state to fulfil its primary responsibility. However, a speech given at the General Assembly Thematic Dialogue on the Responsibility to Protect 2009 outline the issues in R2P as an example of ‘dominant law making’ as the notions of ‘manifestly failing’ significantly sharpened the UN Charter Article 42. This feels like a critique without substance right now, since you've not done any analysis yourself, if you know what I mean? I'd prefer you to make your own points about effectiveness first, give me an example, THEN back it up with this sort of secondary evidence. Yet, the R2P’s effectiveness is demonstrated within Libya after the UNSC successfully ordered creasers of Gaddafi strongholds and enforced a ‘no fly zone’. How does this demonstrate effectiveness? Effective, why? Ramesh Thanker states in ‘Has  R2P worked in Libya 2011 that, ‘The outcome is a triumph and first and foremost for the citizen soldiers. It is a triumph secondary for R2P’. It is successful as it abolishes the enforceability restraint that was perviously associated with the UNSC. Cool! There we go, excellent, would you have an example of this constraint manifesting elsewhere? Whilst R2P was effective in Libya, Syria represents a contemporary issue that has been ineffectively responded to, largely due to consistent veto’s by SC members. Thus demonstrating the ineffectiveness of R2P; remember to consistently link to the main idea explicitly! According to the Telegraph article, ‘UN no longer fit for purpose after Syria says Amnesty’ 2012 the Amnesty Security General states that the UN is ‘tired out of step and anachronistic’ as Russia has vetoed sanctions, arms embargo and referral to the ICC. Yet, in 2016 a recent BBC article, ‘Syria Conflict: US and UK rhetoric ‘unacceptable’ Russia, states that Mr Peskov acknowledged the truce deal had been ‘not very effective’, but insisted that Moscow ‘definitely remains hopeful, and most importantly it retain the political will to apply as much effort as possible to find a steady path for political settlement in Syria’ Excellent integration of media articles! This explicitly highlights the effectiveness of the R2P doctrine in attempting to create cooperation. You've presented a two sided argument; try and have a two-sided conclusion!

I think that you are covering the main arguments that would be essential in an R2P paragraph! Good discussion of paralysis by vetos, intervention in crises, etc etc ;D

Mostly my recommendations would be more on analytical style than anything else! Make sure you are consistently linking back to the argument you are making on R2P, and if you want to cover positives and negatives, make this obvious at the start and finish!

That said; I think you understand R2P very well! Nicely done ;D

Thank you!
Title: Re: Legal Studies Question Thread
Post by: atar27 on November 01, 2016, 11:53:58 am
How would you answer a question like this?
Describe the role of separation of powers in promoting and enforcing human rights in Australia.
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on November 01, 2016, 12:07:26 pm
What cases do you guys have for same sex relationships in family law?
Title: Re: Legal Studies Question Thread
Post by: atar27 on November 01, 2016, 12:19:32 pm

What cases do you guys have for same sex relationships in family law?

In regards to the property (relationships) act 1984 (NSW) - Howard v Andrews: After Maurice Andrew's death, Matthew receives significantly less than a heterosexual patent would have automatically inherited
Shoes the ineffectiveness of recognising same Sex couples.

The Miscellaneous Act Amendment (Same Sex Relationships) Act 2008 (NSW) - W v G 1996: two women living together both wanted children. Later got separated and one of them sought compensation for the loss of promised finicau all support and was successful.

There is an SBS insight: Gay Marriage (2013) which explores political barriers to the acceptance of same sawn marriage in Australia and also shows various advocates for law reform such as penny wong

Hope this helps :)
Phew good practice hahahah :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 12:32:48 pm
How would you answer a question like this?
Describe the role of separation of powers in promoting and enforcing human rights in Australia.

Essentially, it ensures that no particular arm of the government can breach human rights, because they act as checks on one another. You could also discuss the judiciary interpreting and applying human rights legislation developed by the legislature and applied by the executive ;D
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on November 01, 2016, 12:56:05 pm
How much can you talk about human rights in world order?/how is it related to world order?
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on November 01, 2016, 12:58:02 pm
In regards to the property (relationships) act 1984 (NSW) - Howard v Andrews: After Maurice Andrew's death, Matthew receives significantly less than a heterosexual patent would have automatically inherited
Shoes the ineffectiveness of recognising same Sex couples.

The Miscellaneous Act Amendment (Same Sex Relationships) Act 2008 (NSW) - W v G 1996: two women living together both wanted children. Later got separated and one of them sought compensation for the loss of promised finicau all support and was successful.

There is an SBS insight: Gay Marriage (2013) which explores political barriers to the acceptance of same sawn marriage in Australia and also shows various advocates for law reform such as penny wong

Hope this helps :)
Phew good practice hahahah :)

Thanks this was helpful! It's hard cos there's so many laws but finding cases is more difficult.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 01:04:53 pm
How much can you talk about human rights in world order?/how is it related to world order?

You can't, they are mostly separate issues. World order is about peace and security. Some situations overlap into human rights issues too, but it is best to maintain a pretty solid distinction between the two. I never used human rights treaties in world order responses, for example ;D
Title: Re: Legal Studies Question Thread
Post by: caninesandy on November 01, 2016, 01:09:15 pm
what is
finicau all support
?

Also, thank you for those cases! Super helpful :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 01:15:44 pm
what is ?

Also, thank you for those cases! Super helpful :D

I reckon it was a spellcheck/type error on 'financial' ;D
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on November 01, 2016, 01:38:17 pm
You can't, they are mostly separate issues. World order is about peace and security. Some situations overlap into human rights issues too, but it is best to maintain a pretty solid distinction between the two. I never used human rights treaties in world order responses, for example ;D

So what NGOs/media did you use? Cos I feel like the majority of NGOs focus on human rights!
Title: Re: Legal Studies Question Thread
Post by: atar27 on November 01, 2016, 02:02:12 pm
Hey where can you use the case of blessington in a young offenders essay?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 02:06:15 pm
So what NGOs/media did you use? Cos I feel like the majority of NGOs focus on human rights!

You are totally right! Media articles, find stuff about any World Order issues. I used a media article about North Korea from that morning's paper in my HSC Legal Exam ;D as for NGO's, that's a lot tougher, but you can use the ones from human rights provided you approach it in a way that is world order focused. "Minimising the impacts of world order issues on the populace," or something like that ;D
Title: Re: Legal Studies Question Thread
Post by: EmileeSmith on November 01, 2016, 02:07:49 pm
what is an economic and social right in domestic law
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 02:07:56 pm
Hey where can you use the case of blessington in a young offenders essay?

It represents a rebuttal against doli-incapax for the purposes of achieving justice! You could argue that justice was achieved, or it wasn't, but it would fall into the category of considerations in sentencing for children! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 02:10:58 pm
what is an economic and social right in domestic law

There are a heap of ways that Economics and Social Rights are reflected in domestic law. For example, the Family Law Act and The Marriage Act both protect socio-economic rights in Article 10 of the ICESCR (related to marriage and family). Fair working conditions enshrined in acts like the Fair Work Act are another ;D
Title: Re: Legal Studies Question Thread
Post by: juanmata on November 01, 2016, 02:12:30 pm
Hey Jamon, when do you recommend i should start studying for legal studies. i think it's tomorrow
Title: Re: Legal Studies Question Thread
Post by: myer.w on November 01, 2016, 02:18:01 pm
Hi! Just wondering, if the crime essay question is about 'discretion in the criminal trial process' or discretion in general, what aspects should we consider and examples can we use to talk about this?
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on November 01, 2016, 02:29:35 pm
You are totally right! Media articles, find stuff about any World Order issues. I used a media article about North Korea from that morning's paper in my HSC Legal Exam ;D as for NGO's, that's a lot tougher, but you can use the ones from human rights provided you approach it in a way that is world order focused. "Minimising the impacts of world order issues on the populace," or something like that ;D

Ok sounds good. Media articles are the bomb cos you hardly have to memorize anything.
What about Amnesty International, could I talk about asylum seekers or is that too far a stretch? :/
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 02:30:46 pm
Hey Jamon, when do you recommend i should start studying for legal studies. i think it's tomorrow

Ideally this morning ;) as much as you can tonight ;D

Ok sounds good. Media articles are the bomb cos you hardly have to memorize anything.
What about Amnesty International, could I talk about asylum seekers or is that too far a stretch? :/

Hmmm, perhaps? If you could link them to a contemporary world order issue then sure! ;D
Title: Re: Legal Studies Question Thread
Post by: bethtyso on November 01, 2016, 02:33:18 pm
So in one of my textbooks it says that collective rights are a third generation. What does this mean? is there a first and second generation?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 02:47:23 pm
So in one of my textbooks it says that collective rights are a third generation. What does this mean? is there a first and second generation?

Yeah! So it recognises that the human rights were recognised in sequence:

- 1st Generation: ICCPR
- 2nd Generation: ICESCR
- 3rd Generation (Collective Rights): Peace rights, environmental rights, self determination and others

;D
Title: Re: Legal Studies Question Thread
Post by: MagmaMeerkat on November 01, 2016, 03:15:27 pm
Total mind blank!
Who determines the guilt in a criminal trial?
Is it the jury, and magistrates in summary cases?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 03:18:57 pm
Total mind blank!
Who determines the guilt in a criminal trial?
Is it the jury, and magistrates in summary cases?

Correct! ;D
Title: Re: Legal Studies Question Thread
Post by: mmmm675 on November 01, 2016, 03:37:48 pm
i've also had a blank! does murder go to local first or straight to supreme?


and what about a child who commits murder? straight to childrens then supreme? or supreme first?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 03:46:54 pm
i've also had a blank! does murder go to local first or straight to supreme?


and what about a child who commits murder? straight to childrens then supreme? or supreme first?

Murder goes to Local court first for a Preliminary Hearing; if there is enough evidence it goes to Supreme. Children go straight to Children's Court and stay there I believe ;D
Title: Re: Legal Studies Question Thread
Post by: mmmm675 on November 01, 2016, 04:04:22 pm
awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?

also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 04:06:40 pm
awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?

also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?

I believe the detention period for Children is the same as it is for adults; 4 hours maximum or it can be extended with a warrant.

Besides young offenders, perhaps a balancing rights questions? I think a question on Young Offenders blended with something like law reform or balancing rights is not out of the question, and not too kind either. But theres been a lot of atypical exams this year, we'll have to wait and see! :)
Title: Re: Legal Studies Question Thread
Post by: AFix on November 01, 2016, 04:09:54 pm
awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?

also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?

TBH - considering with what they have been putting out this year, I feel that a simple YO question would be too simple.  I was thinking maybe "To what extent are children treated differently in the CJS?"  Or something else to throw off the people who tried to predict the Crime section and memorized an essay haha.  Personally, I think Law Reform and/or moral and ethical issues would be a likely - maybe even tied with the Criminal Trial process? (seeing as they haven't done that in a while)
Title: Re: Legal Studies Question Thread
Post by: Elenaa on November 01, 2016, 04:12:24 pm
Hi!
Just wondering if i could talk about mandatory sentencing in my crime essay because I don't think it's part of the syllabus..? i don't know
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 04:19:15 pm
Hi!
Just wondering if i could talk about mandatory sentencing in my crime essay because I don't think it's part of the syllabus..? i don't know

You definitely can talk about mandatory sentencing in NSW! It ties nicely into sentencing and judicial discretion (or lack thereof) ;D
Title: Re: Legal Studies Question Thread
Post by: Lauradf36 on November 01, 2016, 04:48:27 pm
I believe the detention period for Children is the same as it is for adults; 4 hours maximum or it can be extended with a warrant.

Besides young offenders, perhaps a balancing rights questions? I think a question on Young Offenders blended with something like law reform or balancing rights is not out of the question, and not too kind either. But theres been a lot of atypical exams this year, we'll have to wait and see! :)

Not to undermine you Jamie (soz!!) but I was taught that children have a max of 2 hours and And extra 2 if they apply to the children's court. And also I'm pretty sure murder goes to supreme for children?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 04:54:51 pm
Not to undermine you Jamie (soz!!) but I was taught that children have a max of 2 hours and And extra 2 if they apply to the children's court. And also I'm pretty sure murder goes to supreme for children?

Aha not undermined at all! I trust your first point, I couldn't find a source as backup, I trust you if that's what you are taught! Thanks for the heads up! ;D

On your second point; just did some research. If we are at an age where doli incapax is a rebuttable presumption, then murders can go to the Supreme Court after a committal hearing in the Children's Court! That's my interpretation at least. I'm using R v LMW (1999) in that comment ;D thanks for fact-checking me Laura! ;D
Title: Re: Legal Studies Question Thread
Post by: rachelbonic on November 01, 2016, 04:56:06 pm
What do you guys think are the chances of another crime essay question on international crime? I haven't prepared for it very well and i'm a bit worried :/
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 04:59:49 pm
What do you guys think are the chances of another crime essay question on international crime? I haven't prepared for it very well and i'm a bit worried :/

Hey Rachel! Very unlikely, the only thing they could do is ask something on the Crime topic in general, but even then you would just avoid International Crime if you aren't comfortable writing about it. I think it's pretty unlikely they'd ask it two years in a row :)
Title: Re: Legal Studies Question Thread
Post by: rachelbonic on November 01, 2016, 05:04:12 pm
Hey Rachel! Very unlikely, the only thing they could do is ask something on the Crime topic in general, but even then you would just avoid International Crime if you aren't comfortable writing about it. I think it's pretty unlikely they'd ask it two years in a row :)

thank you for the well needed reassurance  :D ! phewwww
Title: Re: Legal Studies Question Thread
Post by: MagmaMeerkat on November 01, 2016, 05:12:47 pm
My teacher gave us this practice YO essay question:
Young offenders are more likely to be denied justice. Discuss.

Maybe too simple for BOSTES idk, but young offenders is relatively easy to link with the criminal justice system, so I hope they do that!
Title: Re: Legal Studies Question Thread
Post by: AFix on November 01, 2016, 05:36:59 pm
My teacher gave us this practice YO essay question:
Young offenders are more likely to be denied justice. Discuss.

Maybe too simple for BOSTES idk, but young offenders is relatively easy to link with the criminal justice system, so I hope they do that!

Decent question.  Not BOSTES style though tbh
Title: Re: Legal Studies Question Thread
Post by: AFix on November 01, 2016, 06:56:27 pm
Hey guys,  does anyone know if its okay to split your paragraphs and have one on the ICC and one on the ICJ?  Speaking in a World Order context of course.  Or is this kind of double dipping and should be in the same paragraph?
Title: Re: Legal Studies Question Thread
Post by: bethtyso on November 01, 2016, 07:03:51 pm
In shelter what was the case where an aboriginal woman proved that the real estate agent denied her rent because of her race?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 07:16:13 pm
Hey guys,  does anyone know if its okay to split your paragraphs and have one on the ICC and one on the ICJ?  Speaking in a World Order context of course.  Or is this kind of double dipping and should be in the same paragraph?

I think this sounds okay to me! Just make sure that you don't stray too far into the 'International Crime' side of things in the ICC paragraph, it's a fine line to walk ;D
Title: Re: Legal Studies Question Thread
Post by: bethtyso on November 01, 2016, 07:19:02 pm
Also could anyone give me a quick rundown on the seperation of powers and the dividion of powers? :)
Title: Re: Legal Studies Question Thread
Post by: nickglyn on November 01, 2016, 07:19:39 pm
Hey! So my question is, how exactly do the division of powers protect human rights within Australia? I know one way is by holding legislative power for external affairs, but I'm not sure what else I would say! Thanks  ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 07:35:43 pm
Also could anyone give me a quick rundown on the seperation of powers and the dividion of powers? :)

Division of Powers = Ways that law making powers are divided amongst states and the Commonwealth!

Executive - Commonwealth Only
Concurrent - Both
Residual - State Only

Separation of Power = A doctrine which encourages the three branches of a Westminster government to be separate and thus act as a checks and balances system

Executive - The Prime Minister and Cabinet (those who apply the laws)
Legislature - The House of Reps (those who develop the laws)
Judiciary - The Courts (those who apply the laws)

Hope this helps!! ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 07:39:31 pm
Hey! So my question is, how exactly do the division of powers protect human rights within Australia? I know one way is by holding legislative power for external affairs, but I'm not sure what else I would say! Thanks  ;D

I always talked about how because the Commonwealth holds legislative power over the states in this area, it can ensure compliance with human rights standards. Great example of that is the Toonen v Australia case! ;D
Title: Re: Legal Studies Question Thread
Post by: nickglyn on November 01, 2016, 07:50:46 pm
I always talked about how because the Commonwealth holds legislative power over the states in this area, it can ensure compliance with human rights standards. Great example of that is the Toonen v Australia case! ;D

Thanks!
Title: Re: Legal Studies Question Thread
Post by: Elenaa on November 01, 2016, 08:03:12 pm
Hey ! For this theme and challenge in family, "The role of law in encouraging cooperation and resolving conflict in regard to family," What could i talk about? The only thing i could think of was divorce and the care and protection of children
Thanks !!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 08:10:58 pm
Hey ! For this theme and challenge in family, "The role of law in encouraging cooperation and resolving conflict in regard to family," What could i talk about? The only thing i could think of was divorce and the care and protection of children
Thanks !!

Hey! ;D You could add domestic violence to that list and have your three paragraphs! Domestic Violence is perhaps the most serious of family conflicts!
Title: Re: Legal Studies Question Thread
Post by: nickglyn on November 01, 2016, 08:13:21 pm
Hey ! For this theme and challenge in family, "The role of law in encouraging cooperation and resolving conflict in regard to family," What could i talk about? The only thing i could think of was divorce and the care and protection of children
Thanks !!

Domestic violence could be one thing to mention. Amendments to the bail Act 1978 (nsw) holds presumptions against granting bail to repeat domestic violence offenders, courts establish refuge camps for women and children who are victims of DV, etc. It isn't exactly resolving conflict but it definitely helps prevent domestic violence from occurring as often as it would.
Title: Re: Legal Studies Question Thread
Post by: juanmata on November 01, 2016, 08:21:34 pm
ahah just kidding Jamon, im prepped!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 08:26:13 pm
ahah just kidding Jamon, im prepped!

Ahaha I thought so! Best of luck ;)
Title: Re: Legal Studies Question Thread
Post by: Elenaa on November 01, 2016, 08:39:11 pm
Domestic violence could be one thing to mention. Amendments to the bail Act 1978 (nsw) holds presumptions against granting bail to repeat domestic violence offenders, courts establish refuge camps for women and children who are victims of DV, etc. It isn't exactly resolving conflict but it definitely helps prevent domestic violence from occurring as often as it would.

Hey! ;D You could add domestic violence to that list and have your three paragraphs! Domestic Violence is perhaps the most serious of family conflicts!

Thanks ! :)
Title: Re: Legal Studies Question Thread
Post by: Deng on November 01, 2016, 08:43:13 pm
Wondering, how many marks would i lose for not having dates for cases/legislation ( i have a lot and my brain is pretty fried so having trouble remembering all the dates, i have the key ones memorised however )
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 08:47:51 pm
Wondering, how many marks would i lose for not having dates for cases/legislation ( i have a lot and my brain is pretty fried so having trouble remembering all the dates, i have the key ones memorised however )

Likely not many, probably like one mark maximum provided everything else is okay! Not putting dates for cases/laws isn't going to be considered a big deal in the grand scheme of things :)
Title: Re: Legal Studies Question Thread
Post by: nickglyn on November 01, 2016, 08:49:30 pm
When an Australian commits a crime when they're overseas, how do we know which country has jurisdiction over that persons punishment? Or does it fall into the category of international law? I get so confused with this type of question!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 08:58:19 pm
When an Australian commits a crime when they're overseas, how do we know which country has jurisdiction over that persons punishment? Or does it fall into the category of international law? I get so confused with this type of question!

Australia has agreements with certain countries for such acts to be prosecuted under our laws. In others, it is their laws (EG - recent executions in Indonesia).

Don't worry, they won't ask you a question that requires knowledge of this. They will always give you a clue as to which it is (this has been done before, they asked what type of law was applied, but they had said that the offender was prosecuted under a crime defined within Australian legislation. Therefore, it was domestic law) :)
Title: Re: Legal Studies Question Thread
Post by: nickglyn on November 01, 2016, 09:03:05 pm
Yeah the question you're inferring is the basis of my question haha! Okay sweet thanks for that
Title: Re: Legal Studies Question Thread
Post by: tomwatson20 on November 01, 2016, 09:05:10 pm
Hey!

Was just wondering what type of law best protects human rights in Australia,

statute or common?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 09:16:54 pm
Hey!

Was just wondering what type of law best protects human rights in Australia,

statute or common?

Hey Tom! Welcome to the forums!! There is no right or wrong answer to that; I'd personally say common because it is flexible and allows application of ethical standards in a way that suits the contemporary sociocultural climate :) but then statutes are enforceable! You could argue either ;D
Title: Re: Legal Studies Question Thread
Post by: nay103 on November 01, 2016, 09:19:40 pm
Hey Tom! Welcome to the forums!! There is no right or wrong answer to that; I'd personally say common because it is flexible and allows application of ethical standards in a way that suits the contemporary sociocultural climate :) but then statutes are enforceable! You could argue either ;D

But Jamon, I swear I've seen so many multiple choice questions about that... I always thought it was common law (as you said, more flexible) and some previous mc questions had that as the answer. but today i was going through HSC checkpoint legal studies and it had statute law as the answer
:(
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 09:24:16 pm
But Jamon, I swear I've seen so many multiple choice questions about that... I always thought it was common law (as you said, more flexible) and some previous mc questions had that as the answer. but today i was going through HSC checkpoint legal studies and it had statute law as the answer
:(

A HSC Legal Studies question can't ask you something like "what is more effective," because that is totally dependent on your criteria and the argument you are thinking :) like the other thing about Australia is that we don't have specific human rights legislation, so the comparison is kind of stupid to begin with, because our human rights laws are "hidden" within other statutes! :)

You won't get such a subjective question tomorrow, don't stress!
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on November 01, 2016, 10:12:02 pm
Likely not many, probably like one mark maximum provided everything else is okay! Not putting dates for cases/laws isn't going to be considered a big deal in the grand scheme of things :)

Hey Jamon,

In saying this, is it better to make up a date that could be within the ball park or to leave it out completely??
Title: Re: Legal Studies Question Thread
Post by: AFix on November 01, 2016, 10:35:17 pm
Hey Jamon,

In saying this, is it better to make up a date that could be within the ball park or to leave it out completely??

Best to leave it out completely IMO.  Better to show the marker that you're unsure about something instead of conveying that you simply know the wrong information.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 10:35:40 pm
Hey Jamon,

In saying this, is it better to make up a date that could be within the ball park or to leave it out completely??

Hey Isaac! I'd say if you are semi-confident then go for it! ;D as I said, they aren't going to be like, "OMG, the FLA was 1975 not 1985, you lose a mark." It's not like that, they want to give you marks ;D

Best to leave it out completely IMO.  Better to show the marker that you're unsure about something instead of conveying that you simply know the wrong information.

Yeah I suppose, but I think that taking a stab is definitely okay. Like obviously both are secondary to knowing the right thing! But like, the effect of reading no date and an incorrect one would be identical; they won't punish you further for it being incorrect as opposed to it not being there at all :)
Title: Re: Legal Studies Question Thread
Post by: Deng on November 01, 2016, 11:25:37 pm
Government organisations are legal responses correct ?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 11:33:42 pm
Government organisations are legal responses correct ?

Like IGO's? Yep, those are a legal response ;D
Title: Re: Legal Studies Question Thread
Post by: Deng on November 01, 2016, 11:43:01 pm
Thanks, also for law reform can i aruge the introduction of the Young Offenders Act/ Childrens (Criminal Proceedings)/ Children's COurt Act were all introduced to meet society's view on young offenders. Not sure if that is the type of 'law reform' they want
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2016, 11:54:26 pm
Thanks, also for law reform can i aruge the introduction of the Young Offenders Act/ Childrens (Criminal Proceedings)/ Children's COurt Act were all introduced to meet society's view on young offenders. Not sure if that is the type of 'law reform' they want

Yeah definitely! The Young Offender's Act particularly is worthy of mention for a law reform response. The thing with law reform and young offenders is that a lot of the useful reforms are now quite 'old,' but the YOA is the best one to mention and analyse of all the big pieces of legislation ;D
Title: Re: Legal Studies Question Thread
Post by: Rd2487 on November 02, 2016, 12:16:23 am
Does anyone know if regulating contractual relationship between buyers and sellers be considered as a whole issue to talk about? Like unconscionable contracts, warranties in terms and conditions etc
Title: Re: Legal Studies Question Thread
Post by: tomwatson20 on November 02, 2016, 06:17:44 am
Thanks Jamon!

Good luck to everyone today... Kill it!!!!

Tom
Title: Re: Legal Studies Question Thread
Post by: caitlinjovanovska on November 07, 2016, 07:43:37 pm
Hi!
I was just wondering what would be some good cases and media articles regarding police powers and the criminal investigation process? My essay question is 'Explain how the criminal investigation process can create tension between community interests and individual rights and freedoms.'

Thanks heaps!! :)
Title: Re: Legal Studies Question Thread
Post by: davidss on November 12, 2016, 12:12:30 pm
Could someone please help me with what the mens rea was in the Loveridge case. Thanks in advanced :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 12, 2016, 02:35:09 pm
Could someone please help me with what the mens rea was in the Loveridge case. Thanks in advanced :D

Hey David! Well that's an interesting one to ask, it is arguable; but my opinion would be that the offender was not seeking to end the life of the victim. Although there is an attribution of causation, there was no intent. That said, the offender should have recognised the danger and criminality of their actions, meaning that I would put it under recklessness.

The exact 'level' of recklessness involved, and thus the type of manslaughter assigned to the offender's actions, is much less obvious and more a matter of opinion :) hope this helps!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 12, 2016, 02:46:23 pm
Hi!
I was just wondering what would be some good cases and media articles regarding police powers and the criminal investigation process? My essay question is 'Explain how the criminal investigation process can create tension between community interests and individual rights and freedoms.'

Thanks heaps!! :)

Hey Caitlin! Welcome to the forums! Sorry no one had this answered for you, I've been on exams the last few days and I've only just spotted you now :)

Try this, this and this, some good articles raising the issues of terrorism laws, bail and police powers. In general, check out our media article library for more! :)
Title: Re: Legal Studies Question Thread
Post by: SSSS on November 12, 2016, 09:04:56 pm
Hey. For my first assessment, we are completing an essay on crime. I am confused however with the syllabus, as potential 15 markers are some of the questions on the right of the syllabus. But which ones would be essay because for instance adversary wouldn't be a question? Thanks!
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on November 12, 2016, 09:40:27 pm
Hey. For my first assessment, we are completing an essay on crime. I am confused however with the syllabus, as potential 15 markers are some of the questions on the right of the syllabus. But which ones would be essay because for instance adversary wouldn't be a question? Thanks!

Hey SSSS,

For legal studies essays, the question does tend to stem from the learn to's or from a theme and challenge (which can be connected to a specific part of the syllabus - e.g. discretion in sentencing and punishment). Possible questions usually have a directive verb that is higher order i.e. "evaluate, assess etc." and sometimes "examine, discuss or explain." as well as a dot point that is 'meaty' enough for an essay (should have points for and against with enough evidence to back up argument) so generally essays don't come out of the first dot point (nature of crime) but most of the other dot points are fair game.

It should be noted that many essays also have a quote that must be evaluated and integrated throughout the essay.

Hope this helps and gives a rough idea of essay questions - although don't take my word for it, definitely wait for a moderator to confirm!

Good luck :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 13, 2016, 09:49:17 am
Hey. For my first assessment, we are completing an essay on crime. I am confused however with the syllabus, as potential 15 markers are some of the questions on the right of the syllabus. But which ones would be essay because for instance adversary wouldn't be a question? Thanks!

Hey SSSS! In addition to Isaac's awesome answer, I'll just accentuate the fact that you'll never get a Crime Essay on the Nature of Crime dot point. All other sections, as well as the themes and challenges, are definitely possible, and they can be quite broad or they can hone in on a specific thing (EG - One of the HSC Trial questions in 2016 was on complete and partial defences to murder) :)

Oh, and the benefits of the adversary system could be a question, albeit a very mean and strange one ;) ultimately you do need to know everything well and prepare for the worst! BOSTES is moving towards very specific essay questions in English, and it is very possible that will translate to the humanities very soon :)

...although don't take my word for it, definitely wait for a moderator to confirm!

Note to All: Everyone should always take Isaac's word for everything ;)

Title: Re: Legal Studies Question Thread
Post by: SSSS on November 13, 2016, 04:26:00 pm
Thanks so mcuh guys!! Much appreciated  ;D
Title: Re: Legal Studies Question Thread
Post by: SSSS on November 22, 2016, 11:19:05 pm
Hey! I was wondering with the themes and challenges, how do I incorporate them in my study to prepare for an in class essay?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 22, 2016, 11:58:40 pm
Hey! I was wondering with the themes and challenges, how do I incorporate them in my study to prepare for an in class essay?

Hey SSSS! There are all sorts of things you can do, but it should be along the same lines as what you are doing already. For example, for Legal I used to put together tables/lists with legislation and cases and such. If you wanted to specifically prepare for themes and challenges, you could take a table and add some colour coding, linking your points to the different themes! Or you could write out essay plans for each theme/challenge, so you specifically get practice of using your evidence to address those areas!

Ultimately, your best bet is to write practice essays. There is no better way to prepare. Set yourself a question (EG - Evaluate the effectiveness of law reform in balancing the rights of victims, offenders and society) and respond to it under exam conditions. Evaluate yourself, or let us mark you, figure out if there are any shortfalls in your knowledge!

I know it's a little lame, but practice does make perfect :) :) :)
Title: Re: Legal Studies Question Thread
Post by: SSSS on November 23, 2016, 07:02:22 am
Thanks so much for the help! Can't believe I was going to not practise writing essays as I was too focused onto the themes and challenges, along with the legislations. Thanks, much appreciated!!
Title: Re: Legal Studies Question Thread
Post by: SSSS on November 25, 2016, 07:45:46 pm
Hey guys!! The thing is I handed in an essay for crime, and I received 10/15 !!  :o My teacher wrote that I was just putting content and putting a judgement, but was not proving my point, which dragged my mark down. I am so scared now for my assessment which is in a week as I was practising essays. SHould I make plans that are very detailed for each theme and challenge, and memorise that to make sure I am saying the purpose? So confused on what to do now after that mark!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 25, 2016, 09:52:36 pm
Hey guys!! The thing is I handed in an essay for crime, and I received 10/15 !!  :o My teacher wrote that I was just putting content and putting a judgement, but was not proving my point, which dragged my mark down. I am so scared now for my assessment which is in a week as I was practising essays. SHould I make plans that are very detailed for each theme and challenge, and memorise that to make sure I am saying the purpose? So confused on what to do now after that mark!

Type up a paragraph from that essay and post it so I can see what they are talking about? ;D

Detailed plans for the themes and challenges aren't going to help too much with that specific issue (in my opinion), it's about practicing writing things in a way that proves your point. Unless you are having trouble remembering the arguments you want to use, of course.

You need to be taking your evidence and linking it to the theme, for example:

The 14.8% increase in prisoners held on remand in the last 12 months (according to BOSCAR) is clear evidence of the failure of the legal system to consider the fundamental right of innocence until proof of guilt, and thus, its ineffectiveness in recognising the rights of the offender.

In red is my content, the piece of evidence I'm presenting. In blue is my analysis of that content, what am I using it so say? What's the point? Then in green, my link to the theme/challenge; this must be explicit!

I'd be happy for you to post a paragraph of your work in that 10/15 essay and I'll see if I can give you some pointers? :)
Title: Re: Legal Studies Question Thread
Post by: Wales on November 26, 2016, 04:11:07 pm
Hey all,

So I have my Legal Studies Task 1 Next week. It's based on a case SINGH V R and I've been given the transcript and a few news articles surrounding it. I've been told to focus on Law Reform and the case. It is based on the theme " The effectiveness of legal and non legal measures in achieving justice.

I'm going to assume I will need to research the influence of media and the public outcries regarding the case. I'm a bit lost as to how to structure a legal studies essay however, in Prelims I've followed the structure of Intro, stating facts and laws etc then a judgement/analysis and received a 17/20 for my Prelim. Should I take into any other considerations while writing the essay? 600 words approx.

I've studied the facts of the case and done some extra research. What should be my primary goal when writing the essay?

Regards, Wales
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 26, 2016, 11:37:36 pm
Hey all,

So I have my Legal Studies Task 1 Next week. It's based on a case SINGH V R and I've been given the transcript and a few news articles surrounding it. I've been told to focus on Law Reform and the case. It is based on the theme " The effectiveness of legal and non legal measures in achieving justice.

I'm going to assume I will need to research the influence of media and the public outcries regarding the case. I'm a bit lost as to how to structure a legal studies essay however, in Prelims I've followed the structure of Intro, stating facts and laws etc then a judgement/analysis and received a 17/20 for my Prelim. Should I take into any other considerations while writing the essay? 600 words approx.

I've studied the facts of the case and done some extra research. What should be my primary goal when writing the essay?

Regards, Wales

Hey Wales! Super interesting case that one, spurred a heck of a lot of discussion and a major review of defences to murder in NSW. The subsequent reviews are what got rid of the 'Gay Panic' defence in NSW! :)

Your primary goal in the first stages of writing this essay will be to come up with ways you can tie the case to your arguments on justice (for example, does the use of the provocation defence represent justice being achieved, or is it restrictive to the retribution for the victim? You can read my guide on coming up with a strong Thesis, this is the main idea that carries through your response and so it must be strong! Essentially, you need to ask yourself in an overall sense, Was justice achieved in this case? Why/why not? That will be your Thesis.

As one idea for structure, you could do:

Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion


However, your word limit is a little short for this structure to be super effective in my opinion, so you might be better off doing:

Intro (100)
Effective Law Reform (200)
Ineffective Law Reform (200)
Conclusion (100)


In any case, in Year 12, an entire paragraph on facts is completely unnecessary. Facts are unnecessary in Year 12 because your focus must be on presenting a really strong argument!

So start your research, and focus on developing your opinions/arguments. That's the most important aspect of a Legal Studies essay ;D
Title: Re: Legal Studies Question Thread
Post by: Wales on November 29, 2016, 06:00:33 pm
Hey Wales! Super interesting case that one, spurred a heck of a lot of discussion and a major review of defences to murder in NSW. The subsequent reviews are what got rid of the 'Gay Panic' defence in NSW! :)

Your primary goal in the first stages of writing this essay will be to come up with ways you can tie the case to your arguments on justice (for example, does the use of the provocation defence represent justice being achieved, or is it restrictive to the retribution for the victim? You can read my guide on coming up with a strong Thesis, this is the main idea that carries through your response and so it must be strong! Essentially, you need to ask yourself in an overall sense, Was justice achieved in this case? Why/why not? That will be your Thesis.

As one idea for structure, you could do:

Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion


However, your word limit is a little short for this structure to be super effective in my opinion, so you might be better off doing:

Intro (100)
Effective Law Reform (200)
Ineffective Law Reform (200)
Conclusion (100)


In any case, in Year 12, an entire paragraph on facts is completely unnecessary. Facts are unnecessary in Year 12 because your focus must be on presenting a really strong argument!

So start your research, and focus on developing your opinions/arguments. That's the most important aspect of a Legal Studies essay ;D

Thanks for the amazing overview. I'll be sure to establish a strong thesis and draft up my main points for arguments etc.

My question is how should I structure those individual paragraphs you listed? I'm assuming it follows some set structure like English eg Intro>Tech/Quote>Explanation>Link etc.

I was thinking something like Intro>State facts briefly>The effects on Society/Victim/Offender>Effectiveness>Link ?

Generally how should I back up my facts?

Thanks :)

Regards, Wales
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 29, 2016, 09:09:43 pm
Thanks for the amazing overview. I'll be sure to establish a strong thesis and draft up my main points for arguments etc.

My question is how should I structure those individual paragraphs you listed? I'm assuming it follows some set structure like English eg Intro>Tech/Quote>Explanation>Link etc.

I was thinking something like Intro>State facts briefly>The effects on Society/Victim/Offender>Effectiveness>Link ?

Generally how should I back up my facts?

Thanks :)

Regards, Wales

Hey! Okay, cool question, there is a set structure you can follow but you can definitely play with it a little to suit the requirements of what you are writing. A little more flexible than English. You should do:

- Introduce the topic/idea
- Link it to the question/make your judgement
- Evidence/Analysis/Link to Question (so this is where you do the impacts on Victim/Offender/Society etc)
- Conclude

Notice there is no statement of facts, for the most part this is useless. You are writing for a Legal Studies teacher after all, they don't need to be told what specific terms mean or things like that. The only facts you need are the ones that back up your argument. For example, in the HSC, I got 20/20 for a domestic violence essay that didn't even properly define domestic violence. Why? Because the marker knows what that is already. Writing it is useless. Statements of fact that don't link to your argument are wasted words ;D

The facts you should have should be evidence; LCTMSR (or similar acronym). That is; laws, cases, treaties, media, reports, statistics, and anything else that (in your case) evidences either effective or ineffective law reform. These facts back up your argument, "Law reform has been effective," or, "Law reform has been ineffective." You can do one argument, or the other, or both ;D

The key though is evidence based writing. You should constantly be raising new pieces of evidence that back up your argument, or delving deeper into the one you already have ;D
Title: Re: Legal Studies Question Thread
Post by: Wales on November 29, 2016, 11:32:18 pm
Thank you very much for the layout :) it's greatly appreciated. I'm currently reading through the news articles and finding excerpts to quote as my exam states I MUST reference at least one news attached article.

I'm also given a Trial Transcript. Would I be able to use that in my advantage in some manner? Eg quote specific parts or something along those lines. I really wish I prepared this earlier now lol. I'm going to keep that in mind for my next task.

Would you mind quickly reviewing a mock paragraph? I just want to make sure I've got a general gist before I go into the exam tomorrow afternoon :P

In an increasingly modernist and interconnected world the impact of non legal measures on presiding cases is increasing rapidly. During the R v Singh case the influence of Non Legal measures specifically the Media Outcries have directly pressured the government to amend the act as shown in the excerpt "Demand for reform to the law of provocation reached a peak in NSW last year following the conviction and sentencing of Chamonjot Singh". The excerpt demonstrates the effect of public protest when a injustice has been detected in society. Furthermore the impact of non legal measures is shown through the draft bill where select committee's were able to have presiding influence on the amendment specifically the provocation laws which stated that battered women would need to be considered as the amendments may disadvantage them. The influence of non legal measures can be seen in the excerpt " The government has stated that the draft bill reflects the policy intent of select committees" which underpins the idea that non legal measures may have a large influence in the legal system.  Overall Non Legal measures possess presiding presence and power within the legal system and ensure that justice is effectively maintained throughout the trial.

I know it's a pretty shabby paragraph and I've tried to keep it short but how is the structure? Should I be quoting excerpts like that or similarly?

Sorry if that paragraph hurt your eyes ._. It's pretty terrible I know. I've never really given much thought into the structure of writing a legal essay. No idea how I did decently through Year 11 without that if I'm honest.

Thanks :)

Regards, Wales
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 30, 2016, 01:08:46 am
Would you mind quickly reviewing a mock paragraph? I just want to make sure I've got a general gist before I go into the exam tomorrow afternoon :P

I know it's a pretty shabby paragraph and I've tried to keep it short but how is the structure? Should I be quoting excerpts like that or similarly?

Sorry if that paragraph hurt your eyes ._. It's pretty terrible I know. I've never really given much thought into the structure of writing a legal essay. No idea how I did decently through Year 11 without that if I'm honest.

Thanks :)

Regards, Wales

Definitely can! See below:

Paragraph with Comments
In an increasingly modernist and interconnected world the impact of non legal measures on presiding cases is increasing rapidly. Excellent topic sentence (at least in isolation, as long as it links to your grander idea). During the R v Singh case the influence of Non Legal measures specifically the Media Outcries have directly pressured the government to amend the act as shown in the excerpt "Demand for reform to the law of provocation reached a peak in NSW last year following the conviction and sentencing of Chamonjot Singh". Which act? Further, quoting media articles in this way isn't the best way to use them. You are better off paraphrasing the idea into your own words to make it fit, then referencing appropriately. EG - (TITLE, Sydney Morning Herald 2015). This does work, but do make sure you say where the quote came from! The excerpt demonstrates the effect of public protest when a injustice has been detected in society. It does seem like the excerpt did the work you should have done there. Furthermore the impact of non legal measures is shown through the draft bill where select committee's were able to have presiding influence on the amendment specifically the provocation laws which stated that battered women would need to be considered as the amendments may disadvantage them. What laws are we discussing here? Try to reference them properly and with the correct format, eg, Crimes Act 1900 (NSW). The influence of non legal measures can be seen in the excerpt " The government has stated that the draft bill reflects the policy intent of select committees" which underpins the idea that non legal measures may have a large influence in the legal system.  Again, where is this quote from? Overall Non Legal measures possess presiding presence and power within the legal system and ensure that justice is effectively maintained throughout the trial.

On the contrary, I think this is pretty good! The structure is fine, you introduce and conclude nicely, and you are jumping from evidence to evidence nicely. My main comment would be on referencing things properly. See below for the proper format for laws (or bills in this case) and cases:

R v Singh (2012)
Crimes Amendment (Provocation) Bill 2014 (NSW)

For media articles, you are flexible, but you do need to include something like (TITLE, Sydney Morning Herald 2016) so we know where it is from. That said, I think right now you are relying too heavily on the excerpt to do the work for you. Try paraphrasing; this way you are still doing the work, but you are quoting a source to back you up.

The case of R v Singh (2012) received extensive media coverage, epitomised by articles such as (TITLE, Sydney Morning Herald 2016). This coverage...

It totally depends what you want to do with it, but in general, try to have a really good reason to include a direct quote from a media article (and it should be short). It's not quite like English in that sense :)
Title: Re: Legal Studies Question Thread
Post by: Wales on November 30, 2016, 02:15:10 pm

Intro
How Law Reform Has Protected Offenders
How Law Reform Has Protected Victims
How Law Reform Has Protected Society
Conclusion





Prophet Jamon :P My question was "To what extent have Legal and Non Legal measures have achieved justice for the Victim, Offender and Society.

Thanks for the help :) Feel like I wrote a decent essay.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 30, 2016, 02:57:45 pm
Prophet Jamon :P My question was "To what extent have Legal and Non Legal measures have achieved justice for the Victim, Offender and Society.

Thanks for the help :) Feel like I wrote a decent essay.

Haha golden! It's really common to define justice in that way, because it's a theme/challenge, doesn't take too much supernatural prophecy ;) glad it went well for you! ;D
Title: Re: Legal Studies Question Thread
Post by: SSSS on December 01, 2016, 06:40:46 pm
Type up a paragraph from that essay and post it so I can see what they are talking about? ;D

Detailed plans for the themes and challenges aren't going to help too much with that specific issue (in my opinion), it's about practicing writing things in a way that proves your point. Unless you are having trouble remembering the arguments you want to use, of course.

You need to be taking your evidence and linking it to the theme, for example:

The 14.8% increase in prisoners held on remand in the last 12 months (according to BOSCAR) is clear evidence of the failure of the legal system to consider the fundamental right of innocence until proof of guilt, and thus, its ineffectiveness in recognising the rights of the offender.

In red is my content, the piece of evidence I'm presenting. In blue is my analysis of that content, what am I using it so say? What's the point? Then in green, my link to the theme/challenge; this must be explicit!

I'd be happy for you to post a paragraph of your work in that 10/15 essay and I'll see if I can give you some pointers? :)

Hey. I just saw this now!! I don't have my essay but I am starting from scratch and have my assessment with only 4 days to prepare!! I am writing controlling ideas for each dot pint and then practising essays under exam conditions. Do you guys have any advice or practise questions for the criminal trial process I can do?? I'm really scared and so upset this has happened
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on December 01, 2016, 07:22:27 pm
Hey. I just saw this now!! I don't have my essay but I am starting from scratch and have my assessment with only 4 days to prepare!! I am writing controlling ideas for each dot pint and then practising essays under exam conditions. Do you guys have any advice or practise questions for the criminal trial process I can do?? I'm really scared and so upset this has happened

Don't be nervous! If you work hard you will do better in the real thing; don't worry! This is just the start of the year, everyone has kinks in their writing that need to be ironed out ;D

Still keen to give you a hand, but I need to see your writing style. You have enough posts to get an essay marked, so here is what I think you should do. Answer the question below to the best of your ability, the post it here and I'll mark it. Hell, even a paragraph! That way I can give you some specific help about where your writing can be improved ;D

Practice Question #1: To what extent does the criminal trial process achieve just outcomes?
Practice Question #2: Evaluate the effectiveness of judicial discretion in balancing the rights of offenders, victims and society in Australia.

Don't freak out! This is no big deal, seriously, just relax and work hard to improve as much as you can before your assessment, but no point getting really worried over a single task at the start of Year 12! Not worth it at all, this is still the time for improving skills  8)
Title: Re: Legal Studies Question Thread
Post by: Becky234 on December 09, 2016, 01:07:39 pm
Hey can u pls help me with this question:
To what extent does the criminal trial process balance the rights of victims, suspects and society?

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on December 09, 2016, 03:10:22 pm
Hey can u pls help me with this question:
To what extent does the criminal trial process balance the rights of victims, suspects and society?

Thanks

Hey Becky! Welcome to the forums! ;D

I'd be happy to give you some tips. The key to this question, before I say anything, is to make a judgement. You need to say it's good, it's bad, it's ugly; lots of evaluative adjectives. Your specific judgement should be set up in your Thesis paragraph :)

I suggest you start by brainstorming how the legal system protects offenders, how it protects victims, how it protects society.

For example, look at legislation. The legal system protects victims through things like the Victims Rights Act. It protects society through additional police powers, detailed in LEPRA and subsequent amendments to LEPRA. It protects offenders through certain restrictions to police powers, also in LEPRA, or could also talk about things like juries (Jury Act).

For cases, you can find some examples of when the offender is looked after, or when the victim is looked after. It is up to you to make that judgement. For example, in the case of R v Singh (2012, the successful use of provocation arguably represents effective protection and recognition of the rights of the offender. These are the sorts of judgements you need to make :)

But that's how you should start; with some brainstorming! Feel free to bounce some ideas off of us ;D
Title: Re: Legal Studies Question Thread
Post by: Becky234 on December 09, 2016, 06:46:08 pm
Thanks for the help, but I was wondering how does the case R v Singh relate to my question. So how do I relate it to my question.
 
Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on December 09, 2016, 07:12:04 pm
Thanks for the help, but I was wondering how does the case R v Singh relate to my question. So how do I relate it to my question.
 
Thanks

You can read up on the case details here, but basically it was a very controversial case involving the defence of provocation! You can use it to discuss whether legal defences to murder adequately balance the rights of offenders with the rights of victims (many argue, in this case, the use of the defence was not just... you don't have to agree with that though) :)
Title: Re: Legal Studies Question Thread
Post by: asd987 on December 22, 2016, 11:36:39 pm
Hi,
what topic or question do you think will be asked next?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on December 22, 2016, 11:53:18 pm
Hi,
what topic or question do you think will be asked next?

For the HSC? Ooft, it's honestly really hard to say, especially this far out. Every topic area has now been addressed, I wouldn't be surprised if they went general and just focused on a theme/challenge, perhaps law reform? Maybe like, "How has law reform enabled just outcomes?", or something?

Predictions will be much tougher this year (and they should never be taken as anything close to gospel anyway) :) at this stage, best to not worry much about predictions, the HSC is way too far away! Focus on learning all your content to the best of your ability ;D
Title: Re: Legal Studies Question Thread
Post by: Neilab on January 26, 2017, 03:36:29 pm
What happens if you forget the year of the legislation? Is it best to leave it out or just make an estimate?

In terms of making summary notes etc... how do I file away topics in an oranganised fashion so that when i revisit them around trials I won't want to nek myself? I currently have 30 pages worth of summary notes for Human Rights and HSC questions from 1999 - 2016 aswell as HEAPS of mindmaps. I'm not quite sure if this will all be necessary when studying for 4 TOPICS when i get to the hsc! HELp

Mod Edit: Merged posts. You can use the 'Modify' button in the top right to add to your message if you need to! ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on January 26, 2017, 03:42:40 pm
What happens if you forget the year of the legislation? Is it best to leave it out or just make an estimate?

In terms of making summary notes etc... how do I file away topics in an oranganised fashion so that when i revisit them around trials I won't want to nek myself? I currently have 30 pages worth of summary notes for Human Rights and HSC questions from 1999 - 2016 aswell as HEAPS of mindmaps. I'm not quite sure if this will all be necessary when studying for 4 TOPICS when i get to the hsc! HELp

Hey Neilab!! ;D

If you forget the year but you are like, > 60% confident that you have a solid guess, then just guess. If you are completely clueless, just leave it out. That would be my advice ;D

Glad to hear you are keeping it all! Even if you don't use it, at least you have it. I recommend getting one of these bad boys for each subject:

(http://i.ebayimg.com/00/s/NTgxWDgyNw==/z/3qAAAOxymmJTjt-x/$_32.JPG?set_id=880000500F)

Then you can use dividers to separate topics, then just have a plastic sleeve for your notes, a sleeve for practice questions - Etc etc, whatever works! I used these to keep my bits of paper that could once be useful! ;D you should be able to fold up your mind maps to fit in a plastic sleeve in one of these two :)
Title: Re: Legal Studies Question Thread
Post by: phebsh on January 26, 2017, 04:17:00 pm
Hey!

As for human rights and our contemporary issue, what kind of info will we need to know going into an exam? I'm using human trafficking and slavery as mine..

Thanks!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on January 26, 2017, 04:55:17 pm
Hey!

As for human rights and our contemporary issue, what kind of info will we need to know going into an exam? I'm using human trafficking and slavery as mine..

Thanks!

In a basic sense, you'll need to know:

- What it is, including maybe some stats
- Legislation
- Cases
- Other responses to the issue

Those things should cover you! To give you an idea, here are my human rights notes. The last page is all I had for my contemporary issue ;D
Title: Re: Legal Studies Question Thread
Post by: phebsh on January 26, 2017, 05:02:51 pm
In a basic sense, you'll need to know:

- What it is, including maybe some stats
- Legislation
- Cases
- Other responses to the issue

Those things should cover you! To give you an idea, here are my human rights notes. The last page is all I had for my contemporary issue ;D

Great, thanks so much!

Is this topic found to be a common essay question in the HSC? Or is something like that super difficult to predict?

I did Human Rights in term 1 so I think it'll be my extended response question in my half yearlys...
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on January 26, 2017, 05:08:29 pm
Great, thanks so much!

Is this topic found to be a common essay question in the HSC? Or is something like that super difficult to predict?

I did Human Rights in term 1 so I think it'll be my extended response question in my half yearlys...

Super common - The contemporary issue is assessed at least 50% of the time in the HSC Exams:

2016: Yes
2015: No
2014: No
2013: Yes

And this is just direct references - You can use the knowledge in other responses too! So yep, super relevant ;D
Title: Re: Legal Studies Question Thread
Post by: Rathin on January 26, 2017, 05:20:18 pm
Jamon I just realised I had downloaded your yr 11 Legal Studies notes! They were freaking awesome...I really didn't care about legal too much as I was going to drop it after yr 11 but I did like learning it..but didn't revise or study it LOL..weird I know. I crammed your notes and memorised everything in about 1 day before the yearlies and managed a 96% and rank 1st. Still dropped the subject lel...Thanks JAMON :D haha..nearly duxed yr 11 because of your notes. 
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on January 26, 2017, 05:41:48 pm
Jamon I just realised I had downloaded your yr 11 Legal Studies notes! They were freaking awesome...I really didn't care about legal too much as I was going to drop it after yr 11 but I did like learning it..but didn't revise or study it LOL..weird I know. I crammed your notes and memorised everything in about 1 day before the yearlies and managed a 96% and rank 1st. Still dropped the subject lel...Thanks JAMON :D haha..nearly duxed yr 11 because of your notes.

Oh you are definitely welcome!! Very glad they were helpful! ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on January 26, 2017, 08:51:55 pm

Glad to hear you are keeping it all! Even if you don't use it, at least you have it. I recommend getting one of these bad boys for each subject:

(http://i.ebayimg.com/00/s/NTgxWDgyNw==/z/3qAAAOxymmJTjt-x/$_32.JPG?set_id=880000500F)

Then you can use dividers to separate topics, then just have a plastic sleeve for your notes, a sleeve for practice questions - Etc etc, whatever works! I used these to keep my bits of paper that could once be useful! ;D you should be able to fold up your mind maps to fit in a plastic sleeve in one of these two :)

Can vouch for these bad boys!
Title: Re: Legal Studies Question Thread
Post by: kneehaha on January 27, 2017, 07:02:46 pm
Hey, I have to complete an essay in relation to the question "Evaluate the effectiveness of sentencing and punishment as a means of achieving justice"

Intro: A sentence is an penalty which a court issues out to one who has pleaded guilty or is found guilty of an offence. The judge or magistrate decides on the appropriate sentence according to the statutory and judicial guidelines. In the process of achieving justice, there are limitations which prevent the achievement of justice and there are also factors which help ensure that justice is achieved.


P1:There are many limitations which prevent the achievement of justice in sentencing and punishment. One of these limitations include the reality of victim impact statements possibly doing more harm than good.



P2: Another limitation includes types of penalties and post sentencing considerations



P3: However, there are factors that help ensure the achievement of justice in sentencing and punishment which includes the use of certain judicial and statutory limits to protect from bias


P4: Another factor to help ensure the achievement of justice includes the victim impact statements. A victim impact statement is a written or oral statement read to the court which outlines the full effect the crime had on the victim and in some cases, outlines the full effect on the family. One advantage of the statement is that is can be made by a member of the victim’s family if the victim has died. This is an advantage as it allows the effect of the crime to be brought up to the court’s attention regardless and helps to ensure justice as the victim’s or their family’s impact will not be left unheard. The statement generates sympathy and certain details and information which were not made clear prior to the statement, may explain the extent to which to crime truly impacted the victim and/or their family especially when if the perpretrator had pleaded guilty and the judge has has no opportunity to hear the victim’s evidence. This will then argue that society would benefit if the offender stayed in prison. Another benefit from a victim impact statement is the fact that is provides the victim a role in the court process which gives the victim and society greater confidence in the legal system. Lastly, this action also assists in the rehabilitation process of the offence as during the reading, the offender gets to hear his or hers impact of their actions.





P5: Lastly, alternative forms of sentencing are beneficial for certain members of society, for example for indigenous and youths, and are additional factors to help ensure justice in relation to sentencing and punishment.

Conclusion:


i was wondering if i could get feedback on what i have so far and key points which i can use to ensure the essay flows and is fulfils the needs of the marker.




Thank you!
Title: Re: Legal Studies Question Thread
Post by: sameeraaa1 on January 27, 2017, 09:13:33 pm
Hey!

Analyse the effectiveness of measures which deal with crimes against the international community. Make sure you include LMCID where appropriate(Max 250 words)

I am currently doing this question for a legal studies Webquest I'm doing, and I just wanted to ask - besides the ICC & ICJ, what are some other measures which deal with crimes against the international community that I should include in my answer? (that I can easily discuss the effectiveness of)

Thanks heaps x
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on January 27, 2017, 10:53:08 pm
Hey, I have to complete an essay in relation to the question "Evaluate the effectiveness of sentencing and punishment as a means of achieving justice"

Intro: A sentence is an penalty which a court issues out to one who has pleaded guilty or is found guilty of an offence. The judge or magistrate decides on the appropriate sentence according to the statutory and judicial guidelines. In the process of achieving justice, there are limitations which prevent the achievement of justice and there are also factors which help ensure that justice is achieved.


P1:There are many limitations which prevent the achievement of justice in sentencing and punishment. One of these limitations include the reality of victim impact statements possibly doing more harm than good.



P2: Another limitation includes types of penalties and post sentencing considerations



P3: However, there are factors that help ensure the achievement of justice in sentencing and punishment which includes the use of certain judicial and statutory limits to protect from bias


P4: Another factor to help ensure the achievement of justice includes the victim impact statements. A victim impact statement is a written or oral statement read to the court which outlines the full effect the crime had on the victim and in some cases, outlines the full effect on the family. One advantage of the statement is that is can be made by a member of the victim’s family if the victim has died. This is an advantage as it allows the effect of the crime to be brought up to the court’s attention regardless and helps to ensure justice as the victim’s or their family’s impact will not be left unheard. The statement generates sympathy and certain details and information which were not made clear prior to the statement, may explain the extent to which to crime truly impacted the victim and/or their family especially when if the perpretrator had pleaded guilty and the judge has has no opportunity to hear the victim’s evidence. This will then argue that society would benefit if the offender stayed in prison. Another benefit from a victim impact statement is the fact that is provides the victim a role in the court process which gives the victim and society greater confidence in the legal system. Lastly, this action also assists in the rehabilitation process of the offence as during the reading, the offender gets to hear his or hers impact of their actions.





P5: Lastly, alternative forms of sentencing are beneficial for certain members of society, for example for indigenous and youths, and are additional factors to help ensure justice in relation to sentencing and punishment.

Conclusion:


i was wondering if i could get feedback on what i have so far and key points which i can use to ensure the essay flows and is fulfils the needs of the marker.




Thank you!

Hey there,

Firstly, the comments below are all my opinion and are not necessarily correct as there is definitely more than one way to write an essay. So feel free to ignore any comments I make :)

The first thing that I notice when quickly reading your essay plan is that it is a little "on the fence" i.e. I'm not getting the sense of a clear and direct argument. Note that the directive verb is "evaluate" which means to make a judgement - I'm not exactly sure what your judgement is. In saying this, it is really good that you are addressing both effectiveness and ineffectiveness through limitations and factors that achieve justice within sentencing and punishment; but it would make a HUGE difference if you had a judgement on the process of sentencing and punishment as a means of achieving justice.

Just for making your essay flow a little bit better; I would combine paragraphs 1 and 4 and talk about victim impact statements and do a comparison of how they can limit the effectiveness as well as help achieve justice. This sort of paragraph layout I find works well (you can totally do it in two separate paragraphs though, I would just do it one after the other to make it flow better and not jump all over the place talking about different topics)

Also, keep in mind that you may have to justify how the sentencing and punishment process achieves justice - one of the easiest ways to do this is to show how sentencing and punishment achieves justice for victims, offenders and society.

It definitely looks like you are on the right track!! Just make sure that you can explore each of these dot points/paragraphs and show how the achieve justice through sentencing and punishment. Combine that with Legislation, Media, Cases, Non-legal responses, Treaties ... that back up your points and you should be fine!!!

Of course this is just my opinion based on how I wrote my essays and my stylistic preferences, you can definitely wait for someone else's comments and take the bits that you think will help :)

Hope this helps :) Good luck!!!!
Title: Re: Legal Studies Question Thread
Post by: jayraval on January 27, 2017, 10:57:51 pm
Hey Elyse!

I came to your legal lecture on Wednesday and found it really really helpful so thankyou. Also, I'm doing the Crime 15 markers from the 2014 and 2015 HSC Paper but I'm really confused on what to write in my intro and conclusion. In my body for the 2015 question (effectiveness of domestic and international measures in dealing with transnational crime), I talk about the AFP, Customs and Border Protection, INTERPOL, UN Convention Against Transnational Organised Crime, as well as The Pacific Transnational Crime Network. I also talk about how the world is more globalised now and although that increases the opportunity of transnational crime, it has made these domestic and international measures much more effective. What should i be writing in my intro and conclusion and how should i be structuring it? Thank you so much :)

Ps your notes are so amazing
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on January 27, 2017, 11:16:11 pm
Hey!

Analyse the effectiveness of measures which deal with crimes against the international community. Make sure you include LMCID where appropriate(Max 250 words)

I am currently doing this question for a legal studies Webquest I'm doing, and I just wanted to ask - besides the ICC & ICJ, what are some other measures which deal with crimes against the international community that I should include in my answer? (that I can easily discuss the effectiveness of)

Thanks heaps x

Hey there, Sameeraaa1,

Firstly, from my knowledge the ICJ does not deal with crimes against the international community, instead it deals with state disputes such as Nicaragua v United States of America over mines in internal waters.
Crimes against the international community are normally addressed in the ICC where those "most responsible/accountable" are prosecuted against for their actions (mainly those in charge/ giving orders/ position of power etc.) such as Lubanga, al-Mahdi - the effectiveness of this legal measure is very easy to evaluate and there are a plethora of media articles online for you to use :)

However prior to the ICC which was created in 2002, legal measures to address and prosecute those responsible for crimes against the international community were primarily ad hoc tribunals such as the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia; as well as other hybrid courts like the Special Court of Sierra Leone.

Non-legal measures can include NGO's such as Amnesty, Salvation Army, Red Cross, Doctors Without Borders (Promote issues, create moral pressure against government to act, publish reports (casualty count, causes etc.) and help in the aftermath of such crimes (rehabilitation camps, food, clothes, medicine). Another non legal response could be the media which create public awareness in order to generate moral pressure on governments to address these crimes.

Hope these help, although choose the ones you think are best as the 250 word limit restricts how much you can talk about.

Good luck!! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on January 28, 2017, 01:25:39 pm
Love your work Isaac, legend as always  8)
Title: Re: Legal Studies Question Thread
Post by: sameeraaa1 on January 28, 2017, 03:35:54 pm
Hey there, Sameeraaa1,

Firstly, from my knowledge the ICJ does not deal with crimes against the international community, instead it deals with state disputes such as Nicaragua v United States of America over mines in internal waters.
Crimes against the international community are normally addressed in the ICC where those "most responsible/accountable" are prosecuted against for their actions (mainly those in charge/ giving orders/ position of power etc.) such as Lubanga, al-Mahdi - the effectiveness of this legal measure is very easy to evaluate and there are a plethora of media articles online for you to use :)

However prior to the ICC which was created in 2002, legal measures to address and prosecute those responsible for crimes against the international community were primarily ad hoc tribunals such as the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia; as well as other hybrid courts like the Special Court of Sierra Leone.

Non-legal measures can include NGO's such as Amnesty, Salvation Army, Red Cross, Doctors Without Borders (Promote issues, create moral pressure against government to act, publish reports (casualty count, causes etc.) and help in the aftermath of such crimes (rehabilitation camps, food, clothes, medicine). Another non legal response could be the media which create public awareness in order to generate moral pressure on governments to address these crimes.

Hope these help, although choose the ones you think are best as the 250 word limit restricts how much you can talk about.

Good luck!! :)

Thank you this is really helpful!
I was wondering if you could also help with these 2 questions:

5.   Explain why jurisdiction is an issue regarding crimes against the international community.

I understand why jurisdiction is an issue but I can't seem to use specific terms or formulate an answer  :-\  Should I talk about how universal jurisdiction has no binding legal basis and can be seen as a breach of state sovereignty? Or maybe the ICC as a mechanism of dealing with crimes against the international community has limited jurisdiction due to state sovereignty and as it is a court of last resort?

15.   Identify whether the ICC has to date had an impact on Australian courts and whether any prosecutions have been commenced under the Australian legislation.

So far I know that The International Criminal Court (Consequential Amendments) Act 2002 t amended the Criminal Code Act 1995 (Cth) and created domestic offences for all the crimes listed in the Rome Statute, but I can't really find whether any prosecutions have been commenced under the Australian Legislation...?


Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on January 28, 2017, 03:51:20 pm
Hey Elyse!

I came to your legal lecture on Wednesday and found it really really helpful so thankyou. Also, I'm doing the Crime 15 markers from the 2014 and 2015 HSC Paper but I'm really confused on what to write in my intro and conclusion. In my body for the 2015 question (effectiveness of domestic and international measures in dealing with transnational crime), I talk about the AFP, Customs and Border Protection, INTERPOL, UN Convention Against Transnational Organised Crime, as well as The Pacific Transnational Crime Network. I also talk about how the world is more globalised now and although that increases the opportunity of transnational crime, it has made these domestic and international measures much more effective. What should i be writing in my intro and conclusion and how should i be structuring it? Thank you so much :)

Ps your notes are so amazing

Hey there! I'm so glad you came to the lectures and gained something from them!

So, for your introduction in this scenario I'd be trying to tick off these things:
-Defining transnational crime (and including it's context: just a few words on a globalised world)
-Making an evaluation on the question, so about the effectiveness. Just because it's my own style of writing, I'd say something about the law aiming to reflect the moral and ethical standards of society, and in a globalised world, the law aims to reform to respond to issues that may not have existed before. (Obviously would make this sound nicer). This is a way of bringing in the themes and challenges!
-Compare or contrast the international and domestic measures, identify you recognise the differences and perhaps even the relationship between them.

You don't need more than about 4 sentences here, in fact you don't even need to identify those responses you've mentioned. Absolutely bring them in to the body paragraphs, but there's no benefit in listing them all in the introduction.

Perhaps you could follow a structure like this:
-In an increasingly globalised world, we have transnational crime. Define.
-There are various domestic responses to this, blah blah.
-There are also a bunch of international responses, and this is the link they have to domestic measures.
-This is my judgement on the two of them.
-Relate judgement to theme or challenge (compliance, ethical standards, law reform, etc).

So glad you find the notes helpful as well. Let me know what you think of this structure!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on January 28, 2017, 04:06:59 pm
Thank you this is really helpful!
I was wondering if you could also help with these 2 questions:

5.   Explain why jurisdiction is an issue regarding crimes against the international community.

I understand why jurisdiction is an issue but I can't seem to use specific terms or formulate an answer  :-\  Should I talk about how universal jurisdiction has no binding legal basis and can be seen as a breach of state sovereignty? Or maybe the ICC as a mechanism of dealing with crimes against the international community has limited jurisdiction due to state sovereignty and as it is a court of last resort?

15.   Identify whether the ICC has to date had an impact on Australian courts and whether any prosecutions have been commenced under the Australian legislation.

So far I know that The International Criminal Court (Consequential Amendments) Act 2002 t amended the Criminal Code Act 1995 (Cth) and created domestic offences for all the crimes listed in the Rome Statute, but I can't really find whether any prosecutions have been commenced under the Australian Legislation...?

Hey there! For the first question, the ICC argument is strongest, in my opinion. It's an excellent criticism for legal students, the limited jurisdiction of the ICC. I'd also talk about jurisdictional limits in relation to transnational crime, on a domestic level. As in, the requirement for cooperation between jurisdictions to work together in basic things like arrest, moving criminals between states if needed, etc.

For the second question, your answer is pretty in line with what my response would be. It seems like quite an awkwardly worded question in my opinion and doesn't really suggest much. This article suggests that there have been some sporadic prosecutions, but I can't find what or where they are...
I feel a bit silly not being able to offer you much more, so I'll suggest some good readings that are food for thought...

If you're looking for extra reading, here's an article about Australia potentially being prosecuted for crimes against humanity in relation to asylum seekers. This article here talks about the financial responsibilities Australia has to the ICC in the Netherlands.
Title: Re: Legal Studies Question Thread
Post by: sameeraaa1 on January 28, 2017, 04:08:50 pm
Thank you Elyse! :)
Title: Re: Legal Studies Question Thread
Post by: parthie on February 03, 2017, 05:35:25 pm
I have to write an essay on this question "Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society" and I have to include the Rogerson - McNamara case as my main one

I talked about aggravating and mitigating factors all throughout it and im not exactly sure what to write for the conclusion

I've written "Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of all parties involved as portrayed throughout the McNamara- Rogerson case where a life sentence was handed out, however these factors can also impede on the rights of another."

I feel like this isn't sufficient even tho I have made a judgement

any help would be great!

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 03, 2017, 10:47:57 pm
I have to write an essay on this question "Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society" and I have to include the Rogerson - McNamara case as my main one

I talked about aggravating and mitigating factors all throughout it and im not exactly sure what to write for the conclusion

I've written "Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of all parties involved as portrayed throughout the McNamara- Rogerson case where a life sentence was handed out, however these factors can also impede on the rights of another."

I feel like this isn't sufficient even tho I have made a judgement

any help would be great!

Hey parthie! You'll definitely want a bit more in the conclusion - Try spacing it out and adding a little more detail! In your example, I'd stop the first sentence after "all parties involved," perhaps replacing that with "victims, offenders and society" to better link with the question. Then, introduce the case again and give a brief run down of how it balanced the rights of offenders/victims/society. I wouldn't say you've made a judgement just yet - Is the case effective in balancing the rights of these three parties? Or is it ineffective? Somewhere in between? I'd like to see you spent a sentence or two recapping your arguments from the essay, then a final sentence giving a definitive judgement - Good, bad or ugly.

As a side note, remember to reference your cases correctly! It should be, R v Rogerson, R v McNamara (2016) - It doesn't need to be that every time, but the first time at the very least should follow convention (and you can abbreviate/shorten from there). Also, the record from the Supreme Court for that case is here if It helps at all!
Title: Re: Legal Studies Question Thread
Post by: parthie on February 04, 2017, 03:20:16 pm
Hey parthie! You'll definitely want a bit more in the conclusion - Try spacing it out and adding a little more detail! In your example, I'd stop the first sentence after "all parties involved," perhaps replacing that with "victims, offenders and society" to better link with the question. Then, introduce the case again and give a brief run down of how it balanced the rights of offenders/victims/society. I wouldn't say you've made a judgement just yet - Is the case effective in balancing the rights of these three parties? Or is it ineffective? Somewhere in between? I'd like to see you spent a sentence or two recapping your arguments from the essay, then a final sentence giving a definitive judgement - Good, bad or ugly.

As a side note, remember to reference your cases correctly! It should be, R v Rogerson, R v McNamara (2016) - It doesn't need to be that every time, but the first time at the very least should follow convention (and you can abbreviate/shorten from there). Also, the record from the Supreme Court for that case is here if It helps at all!


Thanks so much for the help I tried to redo the conclusion but I wasn't able to write more than this because I am on the world limit ugh. Is this sufficient or not? I can try to cut down something from the essay to extend my conclusion if this isn't sufficient

The question is: Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society

RvRogerson, RvMcNamara (2016) balanced the rights of victims and society through consideration of aggravating factors and subsequent life sentence, however the rights of the offender weren't always upheld due to Rogerson’s prior convictions.  Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of victims, society and offenders, however they are not always successful.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 04, 2017, 03:37:23 pm

Thanks so much for the help I tried to redo the conclusion but I wasn't able to write more than this because I am on the world limit ugh. Is this sufficient or not? I can try to cut down something from the essay to extend my conclusion if this isn't sufficient

The question is: Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society

RvRogerson, RvMcNamara (2016) balanced the rights of victims and society through consideration of aggravating factors and subsequent life sentence, however the rights of the offender weren't always upheld due to Rogerson’s prior convictions.  Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of victims, society and offenders, however they are not always successful.

What you've got there should do at a minimum - Wouldn't want you to trim any of your evidence! I'd swap the first and second sentences though - Just feels like it would flow a little better if you did :)
Title: Re: Legal Studies Question Thread
Post by: parthie on February 04, 2017, 03:44:09 pm
What you've got there should do at a minimum - Wouldn't want you to trim any of your evidence! I'd swap the first and second sentences though - Just feels like it would flow a little better if you did :)

Thanks so much for the help Jamon! :)
Title: Re: Legal Studies Question Thread
Post by: parthie on February 05, 2017, 02:25:17 pm
Hey does anyone know how taking into consideration aggravating factors in sentencing could compromise  the rights of the offenders?

and how does taking into consideration a person's prior convictions during sentencing uphold the rights of the victims

any help would be appreciated thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 05, 2017, 02:53:38 pm
Hey does anyone know how taking into consideration aggravating factors in sentencing could compromise  the rights of the offenders?

and how does taking into consideration a person's prior convictions during sentencing uphold the rights of the victims

any help would be appreciated thanks

Hey! So with the aggravating factors stuff, basically the idea is this. Recognition of an aggravating factor (whatever it may be) is going to make the punishment given relatively more severe. So, there exists this balance between adequately punishing the offender (to recognise the victim and society), while still making it fair on the offender. Recognition of aggravating factors represents an acknowledgement of victim/society, which could infringe on the rights of the offender to a fair punishment. So, it isn't a direct thing, it more represents a sway towards greater acknowledgement of the victim/society. Mitigating factors are the opposite - Recognising offender rights while not recognising rights of society. Together, they (hopefully) achieve a balance ;D

Hmm, taking prior convictions into account during sentencing doesn't really recognise the rights of the victims, I'd say more society? You could stretch it. Basically it's acknowledging the fact that the offender has committed crimes before, and thus making a more retributive (more severe) punishment to more adequately achieve justice. Kind of like a student who keeps lashing out at a teacher eventually getting suspended, because it is unfair for them to just continually get detentions and it never escalates (or something) :)

Hope that helps! ;D
Title: Re: Legal Studies Question Thread
Post by: parthie on February 05, 2017, 05:21:43 pm
Hey! So with the aggravating factors stuff, basically the idea is this. Recognition of an aggravating factor (whatever it may be) is going to make the punishment given relatively more severe. So, there exists this balance between adequately punishing the offender (to recognise the victim and society), while still making it fair on the offender. Recognition of aggravating factors represents an acknowledgement of victim/society, which could infringe on the rights of the offender to a fair punishment. So, it isn't a direct thing, it more represents a sway towards greater acknowledgement of the victim/society. Mitigating factors are the opposite - Recognising offender rights while not recognising rights of society. Together, they (hopefully) achieve a balance ;D

Hmm, taking prior convictions into account during sentencing doesn't really recognise the rights of the victims, I'd say more society? You could stretch it. Basically it's acknowledging the fact that the offender has committed crimes before, and thus making a more retributive (more severe) punishment to more adequately achieve justice. Kind of like a student who keeps lashing out at a teacher eventually getting suspended, because it is unfair for them to just continually get detentions and it never escalates (or something) :)

Hope that helps! ;D

Thanks so much again!!!!

One last thing I promise haha

for this question: “The adversary system always achieves just and fair outcomes” Discuss this statement with reference to the various elements of the adversary system (I also have to include he Rogerson - McNamara case in it)

Is this introduction and conclusion enough?? I am just worried that I haven't made a clear judgement

intro: The adversary system has several elements which achieve just and fair outcomes to a certain extent. Elements of the adversary system include the court listening to the arguments of opposing sides, the judge being impartial, and the use of a jury. Each of these elements can achieve just and fair outcomes, as shown in the R v Rogerson R v Mcnamara (2016) cases, however they can also they can also be unsuccessful.

conc: The elements of the adversary system used in the Roger Rogerson and Glen McNamara case provided a just and fair outcome as both men were sentenced to life imprisonment. The adversary system has many elements including impartial judges, the court listens to the arguments of each side and the use juries which attempt to achieve just and fair outcomes however they can sometimes be unsuccessful, therefore only achieve justice and fairness to a certain extent.

Thanks again :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 05, 2017, 05:29:11 pm
Thanks so much again!!!!

One last thing I promise haha

for this question: “The adversary system always achieves just and fair outcomes” Discuss this statement with reference to the various elements of the adversary system (I also have to include he Rogerson - McNamara case in it)

Is this introduction and conclusion enough?? I am just worried that I haven't made a clear judgement

intro: The adversary system has several elements which achieve just and fair outcomes to a certain extent. Elements of the adversary system include the court listening to the arguments of opposing sides, the judge being impartial, and the use of a jury. Each of these elements can achieve just and fair outcomes, as shown in the R v Rogerson R v Mcnamara (2016) cases, however they can also they can also be unsuccessful.

conc: The elements of the adversary system used in the Roger Rogerson and Glen McNamara case provided a just and fair outcome as both men were sentenced to life imprisonment. The adversary system has many elements including impartial judges, the court listens to the arguments of each side and the use juries which attempt to achieve just and fair outcomes however they can sometimes be unsuccessful, therefore only achieve justice and fairness to a certain extent.

Thanks again :)

I think they are solid; I think the conclusion has a nice judgement in it; it doesn't have to be a completely positive or negative assessment. You've gone for somewhere in the middle, which works! My main comment would actually be defining what you mean by a just and fair outcome - What does this mean? What does the adversarial system have to do for this to be achieved? Besides that, I think the judgement is relatively clear, but the introduction could make it a little more definitive what the judgement actually is. You've not really given a definitive, "Therefore, ________" like you did in the conclusion :)
Title: Re: Legal Studies Question Thread
Post by: parthie on February 05, 2017, 06:38:58 pm
I think they are solid; I think the conclusion has a nice judgement in it; it doesn't have to be a completely positive or negative assessment. You've gone for somewhere in the middle, which works! My main comment would actually be defining what you mean by a just and fair outcome - What does this mean? What does the adversarial system have to do for this to be achieved? Besides that, I think the judgement is relatively clear, but the introduction could make it a little more definitive what the judgement actually is. You've not really given a definitive, "Therefore, ________" like you did in the conclusion :)

Thank so much!!!

Would you happen to know if there are negatives to "presumption of innocence" because Ive been researching it but I can't find anything
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 05, 2017, 07:23:25 pm
Thank so much!!!

Would you happen to know if there are negatives to "presumption of innocence" because Ive been researching it but I can't find anything

I can't find too many negatives to the "innocent until proven guilty" presumption either - only debate online that suggests perhaps even when proven guilty, you still could be innocent. But that opens another can of worms. I think it's a pretty safe bet to say innocent until proven guilty is a largely positive aspect of our legal system. If I'm teasing it out a bit, I could suggest that perhaps this could be traumatic for a victim or demanding on society, to provide a trial for someone with overwhelming evidence to prove guilt. But, I think the fair trial benefits outweigh this possible negative!
Title: Re: Legal Studies Question Thread
Post by: parthie on February 05, 2017, 07:35:44 pm
I can't find too many negatives to the "innocent until proven guilty" presumption either - only debate online that suggests perhaps even when proven guilty, you still could be innocent. But that opens another can of worms. I think it's a pretty safe bet to say innocent until proven guilty is a largely positive aspect of our legal system. If I'm teasing it out a bit, I could suggest that perhaps this could be traumatic for a victim or demanding on society, to provide a trial for someone with overwhelming evidence to prove guilt. But, I think the fair trial benefits outweigh this possible negative!

Ok Thankyou so much for all your help!!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 05, 2017, 08:09:27 pm
Ok Thankyou so much for all your help!!

No worries! It sounds like you're really getting a hold of Legal, keep up the great work!
Title: Re: Legal Studies Question Thread
Post by: SSSS on February 06, 2017, 11:44:13 pm
Hey  ;D  So I have half yearlies in 3 weeks!!  :-[  My notes for crime is completed and my evidence is nearly complete. At the moment we are also doing human rights, so I am doing my notes and evidence as I go because we would only have 1 week revision then the exam. The problem is I want to do so much because theres SO much content whihc is terrifying me. But I wanted to hear your advice on what is a realistic plan which will allow me to get 95% (I know its high but I really believe I can get it). So I was going to memorise all my content and evidence this week, along with roughly doing the right hand side questions to ensure that I have a good understanding. The next week I was planning to do the right hand side questions under exam conditions, and work on feedbeck regarding essays and content. The last week, I will be doing past papers (2-3). For human rights, I am doing my notes and evidence as we go. As it is in three sections, whenever we complete one section, i memorise the content and evidence and do the right hand side questions. The past papers will also assist in mastering it. On top of all this, I will look at amazing short answer responses and essays to get an overall understanding. How does that sound?? Thanks so much just for reading this by the way, you guys are lifesavers!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 07, 2017, 12:04:15 am
Hey  ;D  So I have half yearlies in 3 weeks!!  :-[  My notes for crime is completed and my evidence is nearly complete. At the moment we are also doing human rights, so I am doing my notes and evidence as I go because we would only have 1 week revision then the exam. The problem is I want to do so much because theres SO much content whihc is terrifying me. But I wanted to hear your advice on what is a realistic plan which will allow me to get 95% (I know its high but I really believe I can get it). So I was going to memorise all my content and evidence this week, along with roughly doing the right hand side questions to ensure that I have a good understanding. The next week I was planning to do the right hand side questions under exam conditions, and work on feedbeck regarding essays and content. The last week, I will be doing past papers (2-3). For human rights, I am doing my notes and evidence as we go. As it is in three sections, whenever we complete one section, i memorise the content and evidence and do the right hand side questions. The past papers will also assist in mastering it. On top of all this, I will look at amazing short answer responses and essays to get an overall understanding. How does that sound?? Thanks so much just for reading this by the way, you guys are lifesavers!!

Hey SSSS! Wow, it sounds like you are absolutely smashing it! You are way more on top of it than I was at this point in my HSC. Seriously, congrats, to get to this first big checkpoint and be feeling so in control is a huge accomplishment in itself ;D

Good on you for aiming high in your exam! Wow 3 weeks... It's a bit early isn't it, Week 5? Is your school doing them early or am I out of whack again, ahaha ;)

Anyway, I really like your plan. Don't let the content scare you - There is plenty of time to memorise it. If anything, I'd suggest spreading your past papers over the 2 weeks before your exam. Do a past paper, mark it/get feedback, then do questions/tackle syllabus outcomes to address any holes in your knowledge. This way, your practice can actually reveal weaknesses and you have time to fix them! If you do all your practice near the end, and find something you want to improve, then that becomes a bit more of a rush. I always go in with two weeks to be doing practice exams (or at least, that's the aim); I expect to have things I need to improve on and that is when I go back to the syllabus and focus more heavily on things that need work :)

That said, you sound super in control and super confident. You'll probably do way better in your half yearlies than I did - You sound like you are in a much better place than me ;) great stuff!
Title: Re: Legal Studies Question Thread
Post by: SSSS on February 07, 2017, 04:17:44 pm
Thank you so much!! I'm so relieved because I thought I was behind. And yeah, my school is doing half yearlies very early for some reason. Anyways, thank you so much!!
Title: Re: Legal Studies Question Thread
Post by: phebsh on February 07, 2017, 06:11:55 pm
Hey!
So I have exams pretty soon... I'm talking like the first 2 weeks of next month... I bought the legal studies notes from you guys when I came to the lectures and I've also written my own notes for Human Rights (which is the first topic my class did). I don't know if it's wise to continue writing out my own notes as well as studying from the Notes I bought... Would that be a waste of time? Or would it be useful because I'm almost explaining everything to myself?
Thank you! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 07, 2017, 06:18:22 pm
Hey!
So I have exams pretty soon... I'm talking like the first 2 weeks of next month... I bought the legal studies notes from you guys when I came to the lectures and I've also written my own notes for Human Rights (which is the first topic my class did). I don't know if it's wise to continue writing out my own notes as well as studying from the Notes I bought... Would that be a waste of time? Or would it be useful because I'm almost explaining everything to myself?
Thank you! :)

Hey! I hope you're finding the notes you purchased to be helpful! Your exams certainly are soon!
My approach to studying for Legal, which wasn't really intentional but kind of just happened this way, was writing and re-writing notes. I'd move them from my computer to palm cards, to A4 paper, adding little bits each time or ignoring the things that I know off my heart and aren't important details, etc. So I think perhaps it would be beneficial for you to create a new set of notes, combining your notes and the notes you purchased. I found that writing things out, even if directly from a textbook, made me question "do I actually understand this enough that I could re-word it?" and when I knew I couldn't find a way to put it in my own words and simplify it for my new set of notes, I knew it was a point I had to work on.

If you're looking to create a sacred one-stop-shop for your notes, then combine your notes with the notes you've purchased. Else, you could just add sticky notes to the notes you've purchased with your new cases, little ways that help you remember things, and so on.

Alternatively, you could stop right now and start with palm cards. You can give yourself a palm card per dot point to write down the most important things to know. This way, you're forcing yourself to collate the information in the purchased notes, with your textbook's information, and your own notes, to create a succinct resource in your own style! Personally, I'd take this last approach, it suits my own study style of trying to be succinct and critical of what I do and don't know.
Title: Re: Legal Studies Question Thread
Post by: phebsh on February 07, 2017, 07:29:52 pm
Hey! I hope you're finding the notes you purchased to be helpful! Your exams certainly are soon!
My approach to studying for Legal, which wasn't really intentional but kind of just happened this way, was writing and re-writing notes. I'd move them from my computer to palm cards, to A4 paper, adding little bits each time or ignoring the things that I know off my heart and aren't important details, etc. So I think perhaps it would be beneficial for you to create a new set of notes, combining your notes and the notes you purchased. I found that writing things out, even if directly from a textbook, made me question "do I actually understand this enough that I could re-word it?" and when I knew I couldn't find a way to put it in my own words and simplify it for my new set of notes, I knew it was a point I had to work on.

If you're looking to create a sacred one-stop-shop for your notes, then combine your notes with the notes you've purchased. Else, you could just add sticky notes to the notes you've purchased with your new cases, little ways that help you remember things, and so on.

Alternatively, you could stop right now and start with palm cards. You can give yourself a palm card per dot point to write down the most important things to know. This way, you're forcing yourself to collate the information in the purchased notes, with your textbook's information, and your own notes, to create a succinct resource in your own style! Personally, I'd take this last approach, it suits my own study style of trying to be succinct and critical of what I do and don't know.

Okay great, thanks so much! And yes, the notes are most definately helpful and are teaching me things I wasn't aware of!! I've never used palm cards to study for exams, but my sister did.. I'm going to go ahead and try that method, Thanks Elyse :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 07, 2017, 07:35:33 pm
Okay great, thanks so much! And yes, the notes are most definately helpful and are teaching me things I wasn't aware of!! I've never used palm cards to study for exams, but my sister did.. I'm going to go ahead and try that method, Thanks Elyse :)

A tip from a long-time palm card user: Don't waste your time with the little tiny palm cards for Legal. Get some good sized ones, around the size of your hand. There's a lot to know! :)
Title: Re: Legal Studies Question Thread
Post by: miss_demeanour on February 07, 2017, 10:47:04 pm
This is more of a personal query, but is it possible to bounce back from getting 88% in my first legal result? (We were required to do two assessments, and my results were 30/35 and 14/15 respectively.) Do you have any suggestions for recuperating from this subpar outcome? I mean, legal studies isn't considered a very high scaling subject, so how screwed am I, and what can I do to improve?
Title: Re: Legal Studies Question Thread
Post by: phebsh on February 08, 2017, 08:17:57 pm
This is more of a personal query, but is it possible to bounce back from getting 88% in my first legal result? (We were required to do two assessments, and my results were 30/35 and 14/15 respectively.) Do you have any suggestions for recuperating from this subpar outcome? I mean, legal studies isn't considered a very high scaling subject, so how screwed am I, and what can I do to improve?

I'm actually interested to know if that's considered not-great because I got a 76% on my first assessment which weighed 25%
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 08, 2017, 09:13:05 pm
This is more of a personal query, but is it possible to bounce back from getting 88% in my first legal result? (We were required to do two assessments, and my results were 30/35 and 14/15 respectively.) Do you have any suggestions for recuperating from this subpar outcome? I mean, legal studies isn't considered a very high scaling subject, so how screwed am I, and what can I do to improve?

Hi! So a few things to start. First, definitely not sub-par. My first result was about 87% in Legal, I ended up state ranking, so definitely don't consider it sub-par in any way! That's a fantastic mark for your first task and it will only go up ;D

Second, Legal Studies scales just fine. Sure, it may be no MX2, but again using myself as an example, I got 99.80 taking Legal. Scaling is not going to make a huge difference in the long run, compared to hard work and drive ;D in no way are you even remotely closed to being screwed :)

All of that said, I can definitely understand setting a goal and not quite reaching it, and great to see you are keen to further improve that already great result! My biggest piece of advice is just to make sure that you learn from whatever feedback you were given in that first task. Figure out why you lost marks and focus your extra study time on resolving those inconsistencies.

Beyond that I'll link you to a few guides I wrote on Legal Studies - I hope they help!

How to Get a Band 6 in Legal
How to Study for Legal Studies
7 Mistakes to Avoid in Legal Studies

Seriously good work once again on such a great start. Even if it didn't quite meet your goals, it's amazing! :)

I'm actually interested to know if that's considered not-great because I got a 76% on my first assessment which weighed 25%

As above, 88% is a great start and about where my results were at this time during my HSC. 76%, also fantastic! The important thing is to learn from your mistakes and build yourself up (and ideally maintain a nice rank in your cohort in the process), so that by the time you hit the exam you get a KILLER mark ;D
Title: Re: Legal Studies Question Thread
Post by: miss_demeanour on February 09, 2017, 08:13:17 am
Hi! So a few things to start. First, definitely not sub-par. My first result was about 87% in Legal, I ended up state ranking, so definitely don't consider it sub-par in any way! That's a fantastic mark for your first task and it will only go up ;D

Second, Legal Studies scales just fine. Sure, it may be no MX2, but again using myself as an example, I got 99.80 taking Legal. Scaling is not going to make a huge difference in the long run, compared to hard work and drive ;D in no way are you even remotely closed to being screwed :)

All of that said, I can definitely understand setting a goal and not quite reaching it, and great to see you are keen to further improve that already great result! My biggest piece of advice is just to make sure that you learn from whatever feedback you were given in that first task. Figure out why you lost marks and focus your extra study time on resolving those inconsistencies.

Beyond that I'll link you to a few guides I wrote on Legal Studies - I hope they help!

How to Get a Band 6 in Legal
How to Study for Legal Studies
7 Mistakes to Avoid in Legal Studies

Seriously good work once again on such a great start. Even if it didn't quite meet your goals, it's amazing! :)

As above, 88% is a great start and about where my results were at this time during my HSC. 76%, also fantastic! The important thing is to learn from your mistakes and build yourself up (and ideally maintain a nice rank in your cohort in the process), so that by the time you hit the exam you get a KILLER mark ;D

Thanks so much for the advice! I'm grateful for the effort you channeled into the guides, as they really help.
:-)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 09, 2017, 08:57:42 am
Thanks so much for the advice! I'm grateful for the effort you channeled into the guides, as they really help.
:-)

I'm glad they are helpful! ;D
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on February 11, 2017, 01:26:03 am
Hi I was just wondering what would some examples of reserve and express powers of the Governor general?

I found some powers like this?
The legislative powers of the Governor General:
Section 28-32: The authority to dissolve the House of Representatives and issue the writs for a new election
Section 57: The authority to order a double dissolution

Executive powers are given directly to the Governor General :
Section 62-64: Appointing the members of the FEC
Section 67: Appointing senior government officials
Section 68: Commander in chief of the naval and military forces of the Commonwealth.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 11, 2017, 06:39:49 am
Hi I was just wondering what would some examples of reserve and express powers of the Governor general?

I found some powers like this?
The legislative powers of the Governor General:
Section 28-32: The authority to dissolve the House of Representatives and issue the writs for a new election
Section 57: The authority to order a double dissolution

Executive powers are given directly to the Governor General :
Section 62-64: Appointing the members of the FEC
Section 67: Appointing senior government officials
Section 68: Commander in chief of the naval and military forces of the Commonwealth.

Hey there! I'm not super familiar with this because it isn't part of the HSC course, but I might be able to add to some of the reserve powers.
This is what I found on the website http://www.gg.gov.au/governor-generals-role ...

These are known as the reserve powers. While the reserve powers are not codified as such, they are generally agreed to at least include:

The power to appoint a Prime Minister if an election has resulted in a ‘hung parliament’;
The power to dismiss a Prime Minister where he or she has lost the confidence of the Parliament;
The power to dismiss a Prime Minister or Minister when he or she is acting unlawfully; and
The power to refuse to dissolve the House of Representatives despite a request from the Prime Minister.


I didn't actually know the extent of these reserve powers... quite scary in my opinion!
Title: Re: Legal Studies Question Thread
Post by: CaitlinSavins on February 14, 2017, 11:34:17 am
I'm consolidating my study notes for the Crime topic, but I realised that dot point 1.9.1.1 is Summons and Warrants
Is this supposed to be court attendance notice? Because I remember Elyse mentioning that the LSA notified NESA that they're no longer called summonses... Which do I use?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 14, 2017, 09:57:19 pm
I'm consolidating my study notes for the Crime topic, but I realised that dot point 1.9.1.1 is Summons and Warrants
Is this supposed to be court attendance notice? Because I remember Elyse mentioning that the LSA notified NESA that they're no longer called summonses... Which do I use?

Hey! So the syllabus still says summons, but Court Attendance Notices is the new and correct term used in NSW, the syllabus and some textbooks haven't updated yet. They actually are the same thing and they have the same power, it's simply a name change. I believe either would be acceptable in an exam, I can't see them penalising you for the words of the syllabus, nor can I see them penalising you for the correct terminology.

In 2015 HSC, it was in a multiple choice question. There was minimal controversy arguing that it could be confusing for students to answer the question correctly if they weren't aware that summons and Court Attendance Notices are the same thing.

So, for your notes and for your responses, either would be appropriate!
Title: Re: Legal Studies Question Thread
Post by: kneehaha on February 15, 2017, 08:49:56 pm
Hey Elyse,

Half yearlies are just over a month away and for Legal studies, the exam will include Crime and Family. I was just wondering if you have any tips as this will be my first exam going towards my HSC and with all the content Crime has, i feel like im going to be unprepared.

Thank you, Neha :)

Also,
I have 43 pages of notes for Crime.. How do it cut these down?

Mod Edit: merged posts.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 16, 2017, 01:00:48 am
Hey Elyse,

Half yearlies are just over a month away and for Legal studies, the exam will include Crime and Family. I was just wondering if you have any tips as this will be my first exam going towards my HSC and with all the content Crime has, i feel like im going to be unprepared.

Thank you, Neha :)

Also,
I have 43 pages of notes for Crime.. How do it cut these down?

Mod Edit: merged posts.

Hey! Not Elyse, but I'll hopefully be able to give some good advice ;D

With that big set of notes - I don't think 43 pages is such a bad thing right now. I condensed mine over time. Your exam will be a great step in that direction, because you'll then have experience as to how much detail you need to be able to tackle questions effectively. Crime is tough, because you've got that MC section that can test really specific stuff :P

If you want to trim down, remember a few things:
- Write in dot point and use abbreviations/symbols EVERYWHERE - The notes ONLY need to make sense to you. Use tables and similar graphics to save space too!
- Try and create a version of your notes that ONLY contains evidence - Cases, laws, media, that sort of stuff. Those are like 'case files,' and you could summarise them on palm cards to prepare for your crime essay. Having a separate set for content and then a separate set for evidence is what I did and it helped me immensely. For MC, you need content. For essay, you need evidence :)

In terms of tips, just do heaps of practice. Practice MC questions, practice essays, practice short answers and body paragraphs. Just spend as much time as you can actually writing and applying what you know in simulated exam conditions. Figure out what questions you don't answer as well as you'd like, and work on those! :) you might also want to read this guide I wrote on getting a Band 6 in Legal, for some more general tips!

I hope this helps ;D

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 16, 2017, 05:57:51 am
Hey Elyse,

Half yearlies are just over a month away and for Legal studies, the exam will include Crime and Family. I was just wondering if you have any tips as this will be my first exam going towards my HSC and with all the content Crime has, i feel like im going to be unprepared.

Thank you, Neha :)

Also,
I have 43 pages of notes for Crime.. How do it cut these down?

Mod Edit: merged posts.

Adding on to Jamon, an exercise that I found really useful is buying palm cards (not the tiny ones, the next size up) and having one of them per dot point to condense my notes onto. This way, you're forced to write down the most important information, but you get to read over your extensive notes as you do that so you're revising the extra stuff too. I rewrote my notes before every exam, that was my study technique. Hopefully it works for you too!
Title: Re: Legal Studies Question Thread
Post by: Kirri Rule on February 16, 2017, 10:38:51 am
Hi sorry i was wondering how i should go about studying for my extended response for my half yearlies this term? Thank you :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 16, 2017, 10:54:30 am
Hi sorry i was wondering how i should go about studying for my extended response for my half yearlies this term? Thank you :)

Practice.

Ahaha, I really wish I could give a longer more elaborate strategy, but practice is really the key ;D write some extended responses! Get feedback on them from a teacher, from a friend, or from us! Then work on improving it with the advice you are given :)

I'd also recommend you to make some evidence summaries; sheets which list all the LCTMR (Laws, Cases, Treaties, Media, Reports, and other evidence) you can use in your extended response. In an extended response, content knowledge isn't key - Argument is key, and so you just need to remember great evidence to back up that argument ;D you might want to check out this guide I wrote on putting together a strong argument in Legal!

Best of luck! ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on February 20, 2017, 06:11:31 pm
Hi, I was wondering if you could please explain me the difference between crimes against the international community and transnational crimes (under international crime). i struggle to differentiate between the two. Thank you :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 20, 2017, 09:07:11 pm
Hi, I was wondering if you could please explain me the difference between crimes against the international community and transnational crimes (under international crime). i struggle to differentiate between the two. Thank you :)

Hey! Sure thing ;D

So a transnational crime is a crime that literally crosses borders. Drug trafficking, piracy - Crimes that can occur across multiple countries or have effects in countries beyond the country it was committed in.

Crimes against humanity may only take place in a single country, BUT they are deemed so serious, that they are internationally condemned. This is beyond murder, or even mass murder: It is considered an attack against the global population (or part thereof). Genocide and apartheid are the two easiest examples of that (note that the definition is a little bit iffy depending on jurisdiction and purpose) :)

But that's the difference - Transnational crimes take place in multiple countries, crimes against humanity may not, but are the super serious ones. Both are considered a part of international crime, and both are handled in different ways ;D
Title: Re: Legal Studies Question Thread
Post by: Kirri Rule on February 21, 2017, 08:58:24 pm
Practice.

Ahaha, I really wish I could give a longer more elaborate strategy, but practice is really the key ;D write some extended responses! Get feedback on them from a teacher, from a friend, or from us! Then work on improving it with the advice you are given :)

I'd also recommend you to make some evidence summaries; sheets which list all the LCTMR (Laws, Cases, Treaties, Media, Reports, and other evidence) you can use in your extended response. In an extended response, content knowledge isn't key - Argument is key, and so you just need to remember great evidence to back up that argument ;D you might want to check out this guide I wrote on putting together a strong argument in Legal!

Best of luck! ;D

The LCTMR is a really good idea that i haven't heard before thank you! But with that do you do that under each topic like human rights or crime, or is it for under subtopics of the cores??
Title: Re: Legal Studies Question Thread
Post by: rodero on February 21, 2017, 10:30:21 pm
I was going over the themes and challenges and where we see this in the syllabus, as stated in the ATARNotes powerpoint. Could I please get some clarification as to how investigation and DPP fit into the t/c of discretion. Also, can I have a further explanation about the t/c of the law reflecting ethical and moral standards.
Thank you  :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 21, 2017, 11:03:02 pm
I was going over the themes and challenges and where we see this in the syllabus, as stated in the ATARNotes powerpoint. Could I please get some clarification as to how investigation and DPP fit into the t/c of discretion. Also, can I have a further explanation about the t/c of the law reflecting ethical and moral standards.
Thank you  :)

Hey Rodero! So, the DPP makes decisions about which charges to bring forward, thus exercising discretion. I'll give you a hypothetical situation. If a person has committed a homicide, they may be put up for murder charges. If it is likely (based on super early understanding of the case from initial investigation and arrest), that the offender will plead guilty for manslaughter (in charge negotiation), then it might also be worth charging with interference with a corpse (relating to the crime) if it means that a person will be more appropriately punished for the nature of their crime. But, if it is certain a person will be taking a guilty plea to murder, they will likely receive la life sentence and the extra 18 months jail for interference with a corpse just wouldn't be worth the time of the court (as a resource of society). So, that's an extensive version of the DPP's discretion. Basically, they put forward the charge they think is most appropriate. Also, charge negotation involves discretion.

In investigation, detectives use discretion when contacting potential witnesses, suspects, etc. In order to gain the most from an investigation, a detective needs to be more careful than to just go up to every possible person in the suburb and ask what they know about a crime. Judicious selection of questions, timing, and tools in investigation are important. Particularly when applying for warrants. Is it worth applying for a warrant to search a house? Who will this impact? Is it likely to be fruitful?

You can read more on themes and challenges here!

Hopefully this gives you a hand :)
Title: Re: Legal Studies Question Thread
Post by: rodero on February 22, 2017, 04:22:07 pm
Hey Rodero! So, the DPP makes decisions about which charges to bring forward, thus exercising discretion. I'll give you a hypothetical situation. If a person has committed a homicide, they may be put up for murder charges. If it is likely (based on super early understanding of the case from initial investigation and arrest), that the offender will plead guilty for manslaughter (in charge negotiation), then it might also be worth charging with interference with a corpse (relating to the crime) if it means that a person will be more appropriately punished for the nature of their crime. But, if it is certain a person will be taking a guilty plea to murder, they will likely receive la life sentence and the extra 18 months jail for interference with a corpse just wouldn't be worth the time of the court (as a resource of society). So, that's an extensive version of the DPP's discretion. Basically, they put forward the charge they think is most appropriate. Also, charge negotation involves discretion.

In investigation, detectives use discretion when contacting potential witnesses, suspects, etc. In order to gain the most from an investigation, a detective needs to be more careful than to just go up to every possible person in the suburb and ask what they know about a crime. Judicious selection of questions, timing, and tools in investigation are important. Particularly when applying for warrants. Is it worth applying for a warrant to search a house? Who will this impact? Is it likely to be fruitful?

You can read more on themes and challenges here!

Hopefully this gives you a hand :)

Thank you elyse! This definitely cleared it up!

EDIT: I'm really sorry but I have a few more questions!
1. How do I properly cite these cases? Farah Jamah 2008, Thomas Kelly Taser Incident, Cory Barker's arrest.
2. What are your thoughts on the Evidence Amendment (Evidence of Silence) Act 2013? Section 89A states that in an indictable offence, an "unfavourable inference may be drawn simply as a result of not mentioning a fact at the time of police questioning that is later relied on at trial." Do we still have a complete right so silence?
Title: Re: Legal Studies Question Thread
Post by: sarahhamilton on February 22, 2017, 10:16:00 pm
Hi! I was wondering if anyone could tell me any strategies for remembering cases for essay, or any mnemonics for the legal syllabus? Having a struggle :P
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 23, 2017, 12:00:36 am
Thank you elyse! This definitely cleared it up!

EDIT: I'm really sorry but I have a few more questions!
1. How do I properly cite these cases? Farah Jamah 2008, Thomas Kelly Taser Incident, Cory Barker's arrest.
2. What are your thoughts on the Evidence Amendment (Evidence of Silence) Act 2013? Section 89A states that in an indictable offence, an "unfavourable inference may be drawn simply as a result of not mentioning a fact at the time of police questioning that is later relied on at trial." Do we still have a complete right so silence?

Hey again! Not a worry at all :) The Jama case is particularly bizarre because since 2015, I have searched for the official case citation and cannot find it ANYWHERE. My teacher searched too, and I even contacted a journalist who wrote a book about the case (but didn't get a reply). So, citing the Farah Jama case of 2008 is enough :) The Kelly Thomas Taser incident, are you talking about the 2011 incident in America? If so, simply providing the details briefly like, "The Kelly Thomas taser incident of 2011 in California..." With the Corey Barker incident, I don't know of the arrest situation? I only know that six officers had 25 charges between them for assaulting him, is this what you're referring to?

As for the second question, I see this interestingly. I understand that it slows down the investigative process and limits its efficiency if someone withholds statements during investigation but brings it forward during the trial. It leads people to think that someone has something to hide, and the prosecution don't like it because it makes it hard to prepare a case. So, yes we do have a right to silence, but not necessarily a right to silence that has no negative ramifications if exercised. So, I understand the reasoning as to why this logically and logistically has negative ramifications...I see both sides I guess.

:)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 23, 2017, 12:14:14 am
Hi! I was wondering if anyone could tell me any strategies for remembering cases for essay, or any mnemonics for the legal syllabus? Having a struggle :P

Hey! Something I used mnemonics for was remembering partial defences and full defences. I find the best mnemonics are about your friends, or class mates, and are usually funny. You're more likely to remember something about your friend and the guy she likes than you are going to remember a sentence like "the old man walks slowly." I think this was the only mnemonic I used for Legal.

Cases, so I probably had about three or so big cases that fed into lots of parts of the syllabus, and then smaller cases that were specifically relevant for one or two things. So I used the R V Bilal Skaf case as a huge case for lots of things. I made a poster for my desk about the case and it helped me to visually recall the aspects of jury misconduct, law reform, victim impact statements, public outcry, retrial, etc. So for me, visually arranging things was super important in order to help me remember! Otherwise, just plain rote learning and testing. Simply saying out loud, "Dietrich V the Queen - *enter relevance of the case here*" over and over would help commit things to memory.

Remember, only so much of the legal course is about understanding the concepts and knowing how the legal system works, the bulk of it is colouring it in with cases, arguments, themes and challenges, and so on. Yeah, for multiple choice we need to know some little intricacies, but for your essay, you need arguments :)

I suggest brainstorming essay plans. So write up the top of the page, "young offenders" and then write down everything you know about young offenders, facts, stats, arguments, cases, content, etc! This way you're forcing yourself to think quickly by raking your memory. It worked really well for me for my HSC preparation :)
Title: Re: Legal Studies Question Thread
Post by: rodero on February 23, 2017, 05:52:07 am
Hey again! Not a worry at all :) The Jama case is particularly bizarre because since 2015, I have searched for the official case citation and cannot find it ANYWHERE. My teacher searched too, and I even contacted a journalist who wrote a book about the case (but didn't get a reply). So, citing the Farah Jama case of 2008 is enough :) The Kelly Thomas Taser incident, are you talking about the 2011 incident in America? If so, simply providing the details briefly like, "The Kelly Thomas taser incident of 2011 in California..." With the Corey Barker incident, I don't know of the arrest situation? I only know that six officers had 25 charges between them for assaulting him, is this what you're referring to?

As for the second question, I see this interestingly. I understand that it slows down the investigative process and limits its efficiency if someone withholds statements during investigation but brings it forward during the trial. It leads people to think that someone has something to hide, and the prosecution don't like it because it makes it hard to prepare a case. So, yes we do have a right to silence, but not necessarily a right to silence that has no negative ramifications if exercised. So, I understand the reasoning as to why this logically and logistically has negative ramifications...I see both sides I guess.

:)

Thanks again elyse :) My head must've been muddled up when I was writing the previous post. I meant to say the Roberto Curti taser incident, not the Kelly Thomas one! Also that's right, the Corey Barker arrest with the 6 officers is what I was referring to  ;D How should I properly cite these cases?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 23, 2017, 06:22:51 am
Thanks again elyse :) My head must've been muddled up when I was writing the previous post. I meant to say the Roberto Curti taser incident, not the Kelly Thomas one! Also that's right, the Corey Barker arrest with the 6 officers is what I was referring to  ;D How should I properly cite these cases?

Haha that's okay! I had a feeling you mixed them up...Thomas Kelly is Australian, Kelly Thomas is American. As for the Roberto Curti case, I got sidetracked just now and read the Coroner's Report which is super interesting from about page 4-8. If you're talking specifically about the tasering, it is enough to mention Curti's name and the year. Two officers were later charged with common assault and two charged with assault occasioning actual bodily harm. If you wish to refer to these cases, their citation is available, but in honesty, not particularly necessary. The ombudsman's report, the coroner's report, and the Police Integrity Commission's report, are far more valuable to the analysis of this case! :)
Title: Re: Legal Studies Question Thread
Post by: rodero on February 23, 2017, 03:29:50 pm
Haha that's okay! I had a feeling you mixed them up...Thomas Kelly is Australian, Kelly Thomas is American. As for the Roberto Curti case, I got sidetracked just now and read the Coroner's Report which is super interesting from about page 4-8. If you're talking specifically about the tasering, it is enough to mention Curti's name and the year. Two officers were later charged with common assault and two charged with assault occasioning actual bodily harm. If you wish to refer to these cases, their citation is available, but in honesty, not particularly necessary. The ombudsman's report, the coroner's report, and the Police Integrity Commission's report, are far more valuable to the analysis of this case! :)

Thank you elyse for the clarification! For anyone else interested in the coroner's report in response to the Roberto Curti taser incident 2012, the NSW Coroner Mary Jerram states the actions were "reckless, careless, dangerous, and
excessively forceful." A good quote in my opinion relating to the extent to which the law balances the rights of offenders in police powers. :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 24, 2017, 02:12:33 am
Thank you elyse for the clarification! For anyone else interested in the coroner's report in response to the Roberto Curti taser incident 2012, the NSW Coroner Mary Jerram states the actions were "reckless, careless, dangerous, and
excessively forceful." A good quote in my opinion relating to the extent to which the law balances the rights of offenders in police powers. :)

Perfect quote! There's no guaranteed gain of trying to predict HSC questions. But, we haven't had a theme or challenge since 2014, so it wouldn't surprise me if one comes up this year. If they examine you on discretion (theme), police discretion and use of force is an excellent argument, and Curti's case is a great example to support you.
Title: Re: Legal Studies Question Thread
Post by: rodero on February 24, 2017, 06:56:49 am
Perfect quote! There's no guaranteed gain of trying to predict HSC questions. But, we haven't had a theme or challenge since 2014, so it wouldn't surprise me if one comes up this year. If they examine you on discretion (theme), police discretion and use of force is an excellent argument, and Curti's case is a great example to support you.

Hey elyse, speaking of themes and challenges, I was wondering whether or not it should be mentioned in an essay that doesn't specifically ask for it. For instance, I think the t/c of the law balancing the rights of offenders, victims and society would pair well with the 2016 Young Offenders HSC question. Is it necessary to have this t/c in my thesis and argued throughout or should it just be weaved here and there.

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 24, 2017, 09:30:59 am
Hey elyse, speaking of themes and challenges, I was wondering whether or not it should be mentioned in an essay that doesn't specifically ask for it. For instance, I think the t/c of the law balancing the rights of offenders, victims and society would pair well with the 2016 Young Offenders HSC question. Is it necessary to have this t/c in my thesis and argued throughout or should it just be weaved here and there.

My advice is to bring up the themes and challenges in every single essay, even if not specified. I wrote about themes and challenges here and kind of broke down ways to engage each one. When used correctly, the sophistication of your essay increases. Compliance and non-compliance is possible to be used in every single crime essay you write. I think that balancing the rights of victim, offender and society is also a really easy one to incorporate (essentially, when you're assessing the effectiveness of something in legal studies, you usually look at these three frameworks anyway: victim, offender, suspect). So my advice is to definitely incorporate themes and challenges as regularly as is appropriate. Obviously, if you're throwing them in with no meaning you may as well not use them at all. But done skilfully, this is always a winner!
Title: Re: Legal Studies Question Thread
Post by: rodero on February 24, 2017, 09:43:56 am
My advice is to bring up the themes and challenges in every single essay, even if not specified. I wrote about themes and challenges here and kind of broke down ways to engage each one. When used correctly, the sophistication of your essay increases. Compliance and non-compliance is possible to be used in every single crime essay you write. I think that balancing the rights of victim, offender and society is also a really easy one to incorporate (essentially, when you're assessing the effectiveness of something in legal studies, you usually look at these three frameworks anyway: victim, offender, suspect). So my advice is to definitely incorporate themes and challenges as regularly as is appropriate. Obviously, if you're throwing them in with no meaning you may as well not use them at all. But done skilfully, this is always a winner!

Thanks elyse! Definitely incorporating the themes and challenges in my essays :) How many do you recommend in an essay? Of course, I'll choose what is most relevant but what's your stance on having say, compliance/non compliance and balancing offenders, victims and society's in the same essay?

By the way, thank you so much for all the help you've  been giving me recently! I really appreciate it and it's definitely providing a better grasp of a difficult subject :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 24, 2017, 08:21:36 pm
Thanks elyse! Definitely incorporating the themes and challenges in my essays :) How many do you recommend in an essay? Of course, I'll choose what is most relevant but what's your stance on having say, compliance/non compliance and balancing offenders, victims and society's in the same essay?

By the way, thank you so much for all the help you've  been giving me recently! I really appreciate it and it's definitely providing a better grasp of a difficult subject :)

I mean, you could focus on compliance and non compliance, as well as balancing the rights, as two main themes that you keep coming back to. It's not difficult to build up a backbone of your essay if you keep coming back to these with each new argument, evaluating their effectiveness in both of those regards. But you may so happen to use the word discretion in a sentence about police powers, without actually focusing on discretion as a huge point in your essay. That's fine too! Talking about the moral and ethical standards of society isn't a difficult one to weave in either. And law reform probably comes up in a lot of essays naturally, talking about any kind of amendment, or talking about cases leading to law reform. So, you could potentially talk about every single theme and challenge in an essay, although that would never be my aim. I'd use one or two as the backbone for the argument, always coming back to it. And then if you use the other terms in a sophisticated manner throughout, then you're winning!

That's ok - I'm super glad I can help :) You're asking all the right questions, I know you're on the right track with this subject! :)
Title: Re: Legal Studies Question Thread
Post by: h_blair on March 01, 2017, 09:02:39 pm
Hello! Was wondering whether anyone had a case example for each of the human rights in the 'developing recognition of HR' points in the HSC syllabus

Cheers
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 02, 2017, 04:52:44 am
Hello! Was wondering whether anyone had a case example for each of the human rights in the 'developing recognition of HR' points in the HSC syllabus

Cheers

Hey h_blair :)
In my own study notes for this, I didn't put a traditional court case for each, but I knew the main events that lead to each human right being recognised. So for the abolition of slavery, I knew that the American Civil War was a big case there. I didn't know dates or national conflict particularities or anything like that, but simply that it was the way that one nation went about the recognition of the human right to be free from slavery. I had a palm card of notes on each of these topics, because the most you could be asked is a short answer response. So that's how I structured my notes for these points :)

Usually textbooks do a good job of picking out the most relevant events and cases for each of these human rights, although I did do some more digging online.
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on March 03, 2017, 07:05:51 pm
So I got my first assignment in Legal (Yr11) and I was unsure what it means by 'legal responses to the issue'.
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on March 03, 2017, 07:35:09 pm
I was wondering would anyone know a good site or personal notes on the decline of parliament thesis?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 03, 2017, 07:50:27 pm
So I got my first assignment in Legal (Yr11) and I was unsure what it means by 'legal responses to the issue'.

Hey Aaron! Legal responses refers primarily to courts and legislation, but in general refers to any government strategies, parliamentary responses, court led initiatives (etc) - Anything linked directly to the law makers or those who implement the law ;D

Non legal responses are things like the media, and NGO's :)
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on March 03, 2017, 07:53:55 pm
So I'm doing the Port Arthur Massacre, so should I talk about the events that occurred, or what amendments and sentencing was given.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 03, 2017, 08:05:26 pm
So I'm doing the Port Arthur Massacre, so should I talk about the events that occurred, or what amendments and sentencing was given.

Definitely the sentence for the offender and the resultant amendments - What actually happened is relatively unimportant ;D
Title: Re: Legal Studies Question Thread
Post by: damecj on March 04, 2017, 02:16:31 pm
Hey,
I'm struggling with my international crime essay. I have a paragraph on domestic measures which includes the AFP and Australian Border force but I'm not too sure how effective the domestic measures are in dealing with transnational crime
Any help would be much appreciated
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 04, 2017, 03:06:38 pm
Hey,
I'm struggling with my international crime essay. I have a paragraph on domestic measures which includes the AFP and Australian Border force but I'm not too sure how effective the domestic measures are in dealing with transnational crime
Any help would be much appreciated

Hey! Welcome to the forums! ;D

That sounds like a great start - Ultimately it is up to you whether you say it is ineffective/effective, but those are great things to cover. Try and find some media articles on recent 'drug busts' as evidence for their effectiveness! ;D

The one other piece of advice I'd give for international crime is to write about bilateral cooperation; nation states cooperating to prosecute criminals. You could use the Bali Nine, particularly the more recent executions, as a detailed case study. You could also talk about extradition, when a country deports a criminal to another country to face prosecution - This demonstrates marked effectiveness in responding to transnational criminal actions. USA v Griffiths (2004) is a good case to use as evidence there, and there are lots of bilateral extradition treaties that Australia is a signatory to :)

But in terms of effectiveness/ineffectiveness - There is no correct answer! It's up to you to choose your side and argue the point effectively ;D
Title: Re: Legal Studies Question Thread
Post by: damecj on March 04, 2017, 03:17:16 pm
Hey! Welcome to the forums! ;D

That sounds like a great start - Ultimately it is up to you whether you say it is ineffective/effective, but those are great things to cover. Try and find some media articles on recent 'drug busts' as evidence for their effectiveness! ;D

The one other piece of advice I'd give for international crime is to write about bilateral cooperation; nation states cooperating to prosecute criminals. You could use the Bali Nine, particularly the more recent executions, as a detailed case study. You could also talk about extradition, when a country deports a criminal to another country to face prosecution - This demonstrates marked effectiveness in responding to transnational criminal actions. USA v Griffiths (2004) is a good case to use as evidence there, and there are lots of bilateral extradition treaties that Australia is a signatory to :)

But in terms of effectiveness/ineffectiveness - There is no correct answer! It's up to you to choose your side and argue the point effectively ;D

Thank you very much for your very helpful reply! When talking about the Bail nine should I be looking at the ICCPR and maybe mentioning human rights? Is the Australian Federal Police Act applicable for the Bail nine?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 04, 2017, 03:19:23 pm
Thank you very much for your very helpful reply! When talking about the Bail nine should I be looking at the ICCPR and maybe mentioning human rights? Is the Australian Federal Police Act applicable for the Bail nine?

ICCPR yes, AFP act yes, but Human Rights no - Try not to discuss human rights in a Crime response - It is tempting but you need to keep that distinction ;D
Title: Re: Legal Studies Question Thread
Post by: damecj on March 04, 2017, 03:27:17 pm
ICCPR yes, AFP act yes, but Human Rights no - Try not to discuss human rights in a Crime response - It is tempting but you need to keep that distinction ;D

So would you talk about ineffectiveness of the AFP and give the bail nine as an example? Sorry just trying to get my head around how it would fit
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 04, 2017, 03:46:19 pm
So would you talk about ineffectiveness of the AFP and give the bail nine as an example? Sorry just trying to get my head around how it would fit

Well you could talk about the fact that the AFP working with the Indonesian government was an effective example of cooperation against transnational crime. However, it lead to what many believe to be an unjust outcome (at least given the Australian legal climate) - It caused lots of controversy. So you could argue it both ways :)
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on March 04, 2017, 08:21:06 pm
Just wondering if you critique this. Its a powerpoint and speech.
Legal Responses to the issue - After an 18-hour stand-off, Bryant was finally captured the next day, where a judge labelled him as a “pathetic social misfit”, who did leave the premises until 7:48 am the next morning. Bryant was taken to the Royal Hobart hospital where Beswick (Police Minister) and Rundle (Premier) discussed the change in gun laws but the next scheduled meeting was in July. However, Beswick insisted that it was an urgent issue and this appointed it to take place on the 10th of May. Bryant was sentenced in respect of: murder of less than 35 persons, attempted murder, infliction of grievous bodily harm and infliction of further wounds. Additionally, Bryant was sentenced to: four counts of aggravated assault, one count of setting fire to property and arson. Martin Bryant serves 35 life terms, and a 1,035 year cumulative sentence.
Law reform and greater gun control was the sole priority of Howard. Having been in six weeks sworn in as Prime Minster, he did not have the sovereignty to implement change. Under the constitution, it outlines that the Federal Government does not have the authority to pass laws pertaining weapons, so it required bi-partisanship of states. Qld, WA, and even Tas were hesitant despite the Port Arthur massacre, however Howard ventured throughout the country for need of gun reform.
Though the hardships that the government endured, the federal government managed to attain nationwide gun reform. In May 1996, the National Firearms Agreement (NFA) was accepted where 640,000 guns were seized and destroyed.

PS: Is this too much info.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 04, 2017, 11:57:00 pm
Just wondering if you critique this. Its a powerpoint and speech.

Sure! I've popped it in the spoiler for reference, but my comments are below it ;D

Spoiler
Legal Responses to the issue - After an 18-hour stand-off, Bryant was finally captured the next day, where a judge labelled him as a “pathetic social misfit”, who did leave the premises until 7:48 am the next morning. Bryant was taken to the Royal Hobart hospital where Beswick (Police Minister) and Rundle (Premier) discussed the change in gun laws but the next scheduled meeting was in July. However, Beswick insisted that it was an urgent issue and this appointed it to take place on the 10th of May. Bryant was sentenced in respect of: murder of less than 35 persons, attempted murder, infliction of grievous bodily harm and infliction of further wounds. Additionally, Bryant was sentenced to: four counts of aggravated assault, one count of setting fire to property and arson. Martin Bryant serves 35 life terms, and a 1,035 year cumulative sentence.
Law reform and greater gun control was the sole priority of Howard. Having been in six weeks sworn in as Prime Minster, he did not have the sovereignty to implement change. Under the constitution, it outlines that the Federal Government does not have the authority to pass laws pertaining weapons, so it required bi-partisanship of states. Qld, WA, and even Tas were hesitant despite the Port Arthur massacre, however Howard ventured throughout the country for need of gun reform.
Though the hardships that the government endured, the federal government managed to attain nationwide gun reform. In May 1996, the National Firearms Agreement (NFA) was accepted where 640,000 guns were seized and destroyed.

- First sentence, should be didn't leave the premises I think?
- Information on the meetings about the gun laws is irrelevant
- Good information on the sentence applied
- Again, the lead up information to the NFA is irrelevant. Only that last sentence is important.

This is good information, but yeah, there is lots of stuff that doesn't need to be there. Focus just on the laws, the cases, the sentences: The hard facts. The background information is not relevant to the point you are making ;D

I'd also wager that, as part of this powerpoint, you could be being asked to evaluate effectiveness of the Legal responses in some regard? If so, be sure to pop some evaluation in there: "Effective because ______", "Ineffective because _______," make your judgement!

All that said, great work! You've just got a bunch of stuff you can trim :)
Title: Re: Legal Studies Question Thread
Post by: rodero on March 05, 2017, 09:22:30 am
Hey, could someone please explain the answer to this question:
(19) Where a human right is set out in an international instrument, the action that best ensures
its protection in Australian law is for it to be
(A) acknowledged.
(B) enacted.
(C) promoted.
(D) ratified.

According to the marking guidelines, the answer is B. However, all my study resources tell me that the answer should be D, ratified; I don't think the Cambridge textbook even mentions 'enacted'.
Title: Re: Legal Studies Question Thread
Post by: biancajuru on March 05, 2017, 10:28:42 am
Ratification means the country endorses the right and promises to enforce it/uphold it. Enacting is actually placing it in legislation, therefore making it legal enforceable and subject to consequences (eg jail time, fines) if broken.
I had this same question in year 12, and that's what my teacher said (even though every resources said ratified as well, it's a bit crazy)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 05, 2017, 11:29:43 am
Hey! Yes that question was a very tricky one - It is definitely B; it comes from the fact that Australia has a dualist Legal system. Ratification does not mean it becomes legally binding straight away, it must be enacted as a piece of domestic legislation first! Some countries (France is one I believe) have a system where ratified treaties are legally binding relatively immediately
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 05, 2017, 06:34:49 pm
Hi everyone! Just asking what is "self determination" having trouble understanding the texbook :P
Title: Re: Legal Studies Question Thread
Post by: rodero on March 05, 2017, 07:05:41 pm
Hi everyone! Just asking what is "self determination" having trouble understanding the texbook :P

It's a collective right for a nation or group to determine their political status. This means they have a right to be governed without the external interference of other states. This is outline in the International Covenant on Economic, Social and Cultural Rights in article 1:
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 05, 2017, 09:30:48 pm
Hi again! Is there a difference with the UN Charter and the UDHR?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 05, 2017, 10:13:45 pm
Hi again! Is there a difference with the UN Charter and the UDHR?

Hey! Yes, though they were drafted at the same time and are closely linked. UDHR is a list of the fundamental human rights as defined by the UN in 1945, while the UN Charter is a document outlining the way the UN itself will operate to achieve its goals. This link has a nice summary of the contents of this charter - It's a good thing to include in a human rights response even if it doesn't relate directly ;D

Ps - Thanks for your answer above rodero ;D
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on March 06, 2017, 03:39:40 pm
I was wondering where would be a good place to have statistics on the decline of parliament thesis?
Title: Re: Legal Studies Question Thread
Post by: rodero on March 06, 2017, 04:19:13 pm
I was wondering where would be a good place to have statistics on the decline of parliament thesis?

Hey, i'm a Legal Studies student like you so I might be wrong, but I think this question is best suited in the VCE Legal Studies Question Thread, since this isn't covered in the HSC syllabus. However, I would recommend a skim through your textbook just in case they've provided some statistics on the decline of parliament thesis.

Again, i'm no expert so you may need a moderator to confirm where the best place to ask this would be. Sorry that my help was pretty limited, I hope you can get your question answered in detail by someone more knowledgeable than me  :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 07, 2017, 02:29:55 am
I was wondering where would be a good place to have statistics on the decline of parliament thesis?

Hey anotherworld, have a look at this here. You can scroll down to have a look at bills presented, so if you could compare this data to years before, you might be able to find your answer!

Hey, i'm a Legal Studies student like you so I might be wrong, but I think this question is best suited in the VCE Legal Studies Question Thread, since this isn't covered in the HSC syllabus. However, I would recommend a skim through your textbook just in case they've provided some statistics on the decline of parliament thesis.

Again, i'm no expert so you may need a moderator to confirm where the best place to ask this would be. Sorry that my help was pretty limited, I hope you can get your question answered in detail by someone more knowledgeable than me  :)

I'm so pleased to see you lending a hand Rodero! Genuinely, I am! :) Anotherworld is a Western Australian student who frequents the NSW forums. You'll see each other on this forum semi frequently :)
Title: Re: Legal Studies Question Thread
Post by: rodero on March 07, 2017, 08:12:36 am
I'm so pleased to see you lending a hand Rodero! Genuinely, I am! :) Anotherworld is a Western Australian student who frequents the NSW forums. You'll see each other on this forum semi frequently :)

That makes a lot more sense   :P Sorry for pointing you towards the wrong direction anotherworld!
Title: Re: Legal Studies Question Thread
Post by: nadine.tan on March 09, 2017, 10:14:56 pm
Hi Elyse !

Would do you think is the best way to study for a half yearly legal exam?

Thank-you !!
Title: Re: Legal Studies Question Thread
Post by: nadine.tan on March 09, 2017, 10:19:26 pm
Hi Elyse !

How should I structure a band 6 legal essay?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 09, 2017, 10:24:31 pm
Hi Elyse !

Would do you think is the best way to study for a half yearly legal exam?

Thank-you !!

Hey Nadine! Not Elyse, but hopefully I can help ;D

Without a doubt, the best way to prepare for your exams is to practice. Practice questions from your textbook or sample tests are the best way to consolidate your knowledge and practice applying it in an exam scenario ;D

That said, if you are looking for ways to mix it up, here are some of my other favourite ways to study for Legal!

I hope it helps! Best of luck for your exams ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 11, 2017, 06:00:31 am
Hi Elyse !

How should I structure a band 6 legal essay?

Hey Nadine! I'll firstly link you to Jamon's guide on how to write a legal thesis! That'll point you in the right direction seeing as the thesis will be the foundation of the argument...which will give you your structure! Not to inundate you with links, but Jamon also wrote a really good guide on how to get a band 6 in Legal and it also has a lot of great tips for essays, in case I don't cover it all!

There's many, many ways to structure a Legal essay. Typically, they are asking you to be evaluative of something - a process, an outcome, measures...etc. First and foremost, you need to actually make that evaluation and make it carefully. Do you think something is completely and totally effective? Probably not. It's more likely that you're able to find a few flaws in an otherwise great system, or vice versa. This makes a rich argument!

You can go about your body paragraphs mannnny ways. So, you could do it as though a case is an example of each different point. One case per paragraph. So, you might be talking about young offenders, and have a paragraph on a case that proves some kind of point about doli incapax, and then a factual case about rehabilitation stats, etc. This isn't a common structure but I did see it once on the forums and thought it was clever. Otherwise, you can bring up one idea/measure per paragraph. So, if they are talking about young offenders, one paragraph could be supporting the idea of doli incapax, whether you're arguing it is too high or too low, and then another paragraph could be about sentencing and punishment for juveniles. So you kind of just pick and choose and jump all over the syllabus, which is fine too! As long as you have some structure, of course. Always have an argument to bring it back to.

As often as is appropriate, look to use case studies, facts, media. These will make the bulk of your response in lots of ways if you're correctly connecting it to your argument. If you have a particular essay question handy that you're needing to answer, feel free to post it and the way you're thinking of structuring it and we can give feedback :)
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on March 12, 2017, 11:19:11 am
Hi Elyse!!

I haven't posted on the site before so I hope I am doing it right... I am big fan of all your notes/lectures, love your work !!

My Legal half-yearly (yr 12) is in about 2 and a half weeks. My school has shifted around our topics and we are doing Crime and the Family Option first. I have a few questions particularly in regard to family essays;

- What is the best way to prepare for family essays without memorising content/arguments? I understanding memorising, especially at this early stage, is counter-productive. However, our class is no where near finished the Family topic and I'm unsure how to approach my study as I don't want to leave Family until the last minute. Should I go ahead in the content and practice essays earlier? And should I also practice essays open book, and then in exam conditions closer to the exam? I am a perfectionist and struggle to practice not thinking my work is perfect yet !

- Since family only amounts to essays, once I have done comprehensive notes, should I structure the important parts under themes + challenges, and other parts of the syllabus? (ie evaluate sections)

- I am a little flustered in structuring my essay struggle since they could mould questions into either broad or specific topics --> should I memorise thesis statements to likely questions as well as evidence?

- Is it too early to be using HSC papers for study? Or is it appropriate for the content we have already covered..

- With the two options for family essays, can they ask absolutely any 2 from syllabus? Is there any construct they follow? (ie recently they have covered all the contemporary issues in a question each)

- In regard to the syllabus requirement: 'Evaluate the effectiveness of the law in protecting victims of domestic violence' --> how appropriate is it to discuss the failure of preventative measures and stopping domestic violence initially? This is obviously one of the main concerns, however the wording of the question is problematic in terms of referencing 'victims'. Would this still be addressing the question?

Thanks !  :D
Rachel
Title: Re: Legal Studies Question Thread
Post by: Whitey on March 12, 2017, 11:30:07 am

My Legal half-yearly (yr 12) is in about 2 and a half weeks. My school has shifted around our topics and we are doing Crime and the Family Option first. I have a few questions particularly in regard to family essays;


I'm in the same situation too. I'm wondering, do you @rachelmassar have to write any crime essays for your half yearlies?
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on March 12, 2017, 11:39:02 am
Hey, yeah there is going to be a 15 marker
Title: Re: Legal Studies Question Thread
Post by: Mary_a on March 12, 2017, 04:45:34 pm
Hey,

I was just wondering (half yearlies are coming up pretty soon!) what's the best way to approach a legal studies exam in terms of study and then actually receiving the paper? I'm always really nervous around exam time.

Thank you so much,

Mary x
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 12, 2017, 06:40:40 pm
Hello all!
i was wondering if you had any good notes for crime on your website you recommend i should use.  there are soooo many files i don't really know which one to download being so many
thank you very much :)
Title: Re: Legal Studies Question Thread
Post by: Whitey on March 12, 2017, 07:33:27 pm
Hey, yeah there is going to be a 15 marker
Sweet as, both the classes at school are complaining because it would be 1 of 4 essays so its good to know that we aren't the only ones.
With a family law essay plan, our teacher gave us a very broad essay plan example for one question. Its attached below. Hope its some help.

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 13, 2017, 03:23:19 pm
Hi Elyse!!

I haven't posted on the site before so I hope I am doing it right... I am big fan of all your notes/lectures, love your work !!

My Legal half-yearly (yr 12) is in about 2 and a half weeks. My school has shifted around our topics and we are doing Crime and the Family Option first. I have a few questions particularly in regard to family essays;

Hey Rachel! You certainly are doing it right, welcome to the forums! I'm not Elyse (obviously ;)), but hopefully I can help with your questions (I took the first set of Legal lectures for your cohort in September, if you went)! ;D

Quote
What is the best way to prepare for family essays without memorising content/arguments? I understanding memorising, especially at this early stage, is counter-productive. However, our class is no where near finished the Family topic and I'm unsure how to approach my study as I don't want to leave Family until the last minute. Should I go ahead in the content and practice essays earlier? And should I also practice essays open book, and then in exam conditions closer to the exam? I am a perfectionist and struggle to practice not thinking my work is perfect yet !

If you have time to get ahead and start practicing early, go for it! But of course if that isn't realistic that is okay too - Just do what feels right yo you! You can definitely practice open book too if you prefer - Just make sure you get some practice under exam conditions. For Family, you should primarily be memorising evidence - Laws, cases, media, reports, stats, treaties, etc - You should make some summary sheets with that sort of stuff on them! I'd link you the ones I used that are available in our Notes Section, but it is down right now (will hopefully be fixed very soon if you want to browse!)
- Since family only amounts to essays, once I have done comprehensive notes, should I structure the important parts under themes + challenges, and other parts of the syllabus? (ie evaluate sections)

Quote
I am a little flustered in structuring my essay struggle since they could mould questions into either broad or specific topics --> should I memorise thesis statements to likely questions as well as evidence?

You should memorise lots of evidence, enough to cover you for any possible question, and then practice writing Thesis statements/ideas in response to the question. You can of course memorise Thesis statements too, if you feel like you need too, but I'm a fan of just knowing your evidence really well and then working your Thesis on the spot - And that takes practice!

Quote
Is it too early to be using HSC papers for study? Or is it appropriate for the content we have already covered..

You can definitely use them! Just ignore the Option you haven't done yet (or anything you haven't done yet really). That said, you might want to save the HSC Papers until the HSC itself, in which case you could use some Trial Exams as practice! :)

Quote
With the two options for family essays, can they ask absolutely any 2 from syllabus? Is there any construct they follow? (ie recently they have covered all the contemporary issues in a question each)

They can ask pretty much anything, but 99% chance it will only come from either the contemporary issues, divorce, or domestic violence. Usually there is at least one contemporary issue, and you can have an educated guess by looking at past exams (I predicted they'd ask about surrogacy in my Legal HSC lecture last year, just because as you say, the cycle called for it. Ditto for the Crime question and YA). That said, half yearlies definitely don't follow the trends, so you need to be prepared for anything, and you should be prepared for anything anyway :)

In regard to the syllabus requirement: 'Evaluate the effectiveness of the law in protecting victims of domestic violence' --> how appropriate is it to discuss the failure of preventative measures and stopping domestic violence initially? This is obviously one of the main concerns, however the wording of the question is problematic in terms of referencing 'victims'. Would this still be addressing the question?
[/quote]

To my interpretation, you can definitely discuss the effectiveness of preventative measures! And I'm sure I've done it in essays before too :)

I hope this helps! Be sure to shoot any more questions you have our way ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 13, 2017, 03:26:35 pm
Hey,

I was just wondering (half yearlies are coming up pretty soon!) what's the best way to approach a legal studies exam in terms of study and then actually receiving the paper? I'm always really nervous around exam time.

Thank you so much,

Mary x

Hey Mary! So basically, you should be doing as much practice as possible - Exams, essay plans, sample tests, etc ;D of course that can get a little dry, so you might want to try some of these other cool ways to study for Legal!

In the exam, beyond knowing the content, the most important thing is to be able to formulate a strong argument for your essays. I have a guide on constructing an effective argument for Legal as well ;D

I hope these help! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 13, 2017, 03:28:45 pm
Hello all!
i was wondering if you had any good notes for crime on your website you recommend i should use.  there are soooo many files i don't really know which one to download being so many
thank you very much :)

Hey kiiaaa! The Notes section is actually down right this second (should be fixed soon) - But when it is fixed, if you add "state rank" to your search query, my Notes for Crime will come up. Obviously I'm biased but I think they are great ;)

You should literally download everything though! Then spend some time going through them all and chopping and snipping things around - Every set of notes will have a slightly different spin and so you can gain a lot by comparing them and learning from them all simultaneously! :)
Title: Re: Legal Studies Question Thread
Post by: Mary_a on March 13, 2017, 03:57:40 pm
Hey Mary! So basically, you should be doing as much practice as possible - Exams, essay plans, sample tests, etc ;D of course that can get a little dry, so you might want to try some of these other cool ways to study for Legal!

In the exam, beyond knowing the content, the most important thing is to be able to formulate a strong argument for your essays. I have a guide on constructing an effective argument for Legal as well ;D

I hope these help! :)

Hey Jamon! Thank you! These will help greatly!

Mary x
Title: Re: Legal Studies Question Thread
Post by: Kekemato_BAP on March 13, 2017, 06:48:06 pm
Hi Elyse, my half yearly for legal is tomorrow Tuesday, and i need some more evidence for the international crime topic. Any suggestions for drug trafficking and lack of nation cooperation? Thank you ;)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 13, 2017, 06:53:52 pm
Hi Elyse, my half yearly for legal is tomorrow Tuesday, and i need some more evidence for the international crime topic. Any suggestions for drug trafficking and lack of nation cooperation? Thank you ;)

Welcome to the forums!! ;D

Being in Venice, Elyse might not read this until you are asleep, but have a flick through this thread for some recent Crime developments (there should be Int. Crime in amongst the mix, some of the World Order ones could be useful too) ;D I also wrote this guide with some key bits of evidence for use in the International Crime topic! ;D

Hope these help - Good luck for your exams! Be sure to stop back and let us know how you went ;D
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 13, 2017, 09:43:22 pm
hey guys! i would like to know the difference between genocide and crimes against humanity. They both have very similar definitions in my textbook
Crime against Humanity are acts committing a widespread or systematic attack directed against civilian population.
Genocide includes brutal acts intended to destroy all or part of a national, ethic, racial group.
So is there an easy way to tell them apart?Thanks :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 13, 2017, 09:56:06 pm
hey guys! i would like to know the difference between genocide and crimes against humanity. They both have very similar definitions in my textbook
Crime against Humanity are acts committing a widespread or systematic attack directed against civilian population.
Genocide includes brutal acts intended to destroy all or part of a national, ethic, racial group.
So is there an easy way to tell them apart?Thanks :)

Hey Bubbly! So the exact definition of crimes against humanity is fluid (based on international customary law), but the most appropriate answer here is that genocide is a crime against humanity. It is an example of the bigger idea :)
Title: Re: Legal Studies Question Thread
Post by: Kekemato_BAP on March 13, 2017, 10:05:18 pm
Hi!! I was wondering if the "right to privacy" in the UDHR and ICCPR can be used for arguing against police powers and the intrusion of personal privacy. Is it the same privacy for a different type of privacy? Thanks!! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 14, 2017, 01:01:42 am
Hi!! I was wondering if the "right to privacy" in the UDHR and ICCPR can be used for arguing against police powers and the intrusion of personal privacy. Is it the same privacy for a different type of privacy? Thanks!! :)

This is an interesting thing to discuss - I can't give you a direct answer. The right to privacy has been explored and in some ways, redefined, over time. The Toonen and Croome cases (regarding Tasmania and laws on sodomy) is a good example of the way a case can carve out the right to privacy. So, if a police officer/detective has a warrant to search a house - you could definitely say that it is an infringement on the right to privacy. This brings up a debate (that the atar notes lecturers actually had over dinner one time) - when you commit a crime, do you forfeit some rights? According to the UDHR, no you don't. But in reality, well, yeah you do! There's no black or white answer I can give you, because you can argue either way! :)
Title: Re: Legal Studies Question Thread
Post by: sophiegmaher on March 14, 2017, 02:52:17 pm
Alrighty I have 2 questions:
1. Which human rights are collective rights? I know self-determination is one, but I don't know which other ones are. Aren't all human rights mentioned in the syllabus collective, like Labour Rights and Education..? What determines the ones that fall into this category?
2. For the last Theme and Challenge "Effectiveness of legal and non-legal measures", would things like Auditor General reports, Attorney General reports, surveys or the ALRC "Seen and Heard" report be considered non-legal measures..? For example, the ALRC "Seen and Heard" report is particularly effective as it facilitated law reform of the Bail Act 1978 (NSW) to the Bail Act 2013 (NSW) where it criticised previous amendments made to the initial statute as undermining the presumption of bail for young offenders.
Title: Re: Legal Studies Question Thread
Post by: grace.estelle on March 14, 2017, 09:38:20 pm
Hi Elyse/Jamon, I'm unsure of how to go about answering a question which focuses on the theme of "encouraging cooperation and resolving conflict" in family law. It must also be on the contemporary issues. I suppose for 'recognition of same-sex relationships' i could talk about the conflict between Christian lobbies and Australia Marriage Equality? I feel like this would be a very narrow argument though so are there any other suggestions?

Also, My legal teacher always says how we should aim for at least 5 legal arguments in our essays however I am confused with what a legal argument is.  :-\ She keeps saying that it is not 5 paragraphs though because a legal argument can be discussed in say, 2-3 paragraphs. What is your opinion on this? Also, say if I was to talk about the one idea over 3 paragraphs, would I still need a topic sentence/concluding sentence for each of the 3 paragraphs even if they link to the same idea?

Thanks!

Mod: Merged posts
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 15, 2017, 08:40:01 am
Alrighty I have 2 questions:
1. Which human rights are collective rights? I know self-determination is one, but I don't know which other ones are. Aren't all human rights mentioned in the syllabus collective, like Labour Rights and Education..? What determines the ones that fall into this category?


Hey Sophie! You're asking two questions that I struggled with during the HSC so hopefully I can articulate them to you the way that I learnt how to remember them. For the first question, there is no clear cut answer. In terms of Legal HSC - Collective rights are Environmental Rights, Self Determination and the Right to Peace. But any of these can be disputed, I know because I've studied them beyond HSC. The difference is that collective rights belong to a GROUP/COMMUNITY. The right to education belongs to each individual - every individual has a right to be educated. You could of course say, every individual has a right to a clean environment. The difference is, that environmental rights also apply to the future generations. So the debate around this right is that current generations are taking a right away from future generations that they are collectively entitled to - if we are destroying the environment. It also has a lot to do with the way the right was developed. In Africa, Environmental Rights have been discussed quite officially, or at least a lot more than in Australia. Collective rights are easier to define and carve out when the group it applies to is very specific, but as the group grows, so does the debate over it's title as a "collective" right. If we reaaallly look into it, the idea of collective rights as being a distinction to individual rights is a bit of a contradiction, because a collection of people is made up by a number of individuals, so I totally see why you find it difficult to make the distinction. This Quora thread provides some good ideas, but it may complicate the idea for you more. Essentially what I'm saying is, in the HSC sense - the right to environment, self determination and right to peace are collective (although some textbooks say peace is more a human right, I have been told by students). But, in a real life sense, the idea of collective rights is debatable, but the HSC only aims to introduce you to the notion, rather than get you to debate it. Self Determination, to me, is the clearest example of a collective right. The group it relates to is so specifically laid out - it was created for Indigenous groups. So, it belongs to a cultural population/demographic, rather than individuals who happen to be grouped. To me, this is the clearest cut example, but hopefully you can see there is some contradiction!

2. For the last Theme and Challenge "Effectiveness of legal and non-legal measures", would things like Auditor General reports, Attorney General reports, surveys or the ALRC "Seen and Heard" report be considered non-legal measures..? For example, the ALRC "Seen and Heard" report is particularly effective as it facilitated law reform of the Bail Act 1978 (NSW) to the Bail Act 2013 (NSW) where it criticised previous amendments made to the initial statute as undermining the presumption of bail for young offenders.
Again, I struggled with this too. I say, yes they are non-legal measures. Although the position of the Attorney General is legislated, and it is legislated that we must have a Human Rights Commission, it doesn't mean that the actions of these are legal measures. So the report is not a legal measure, although it was produced by a body that is legally mandated - because the report doesn't make law automatically. In order for the report's findings to be turned into law reform, it needs to go through the legislative body of government (legal measure). I always found it to be unclear, and I specifically remember asking Jamon and my friend's older brother for help with this during my HSC. A body can be legislated, but it doesn't mean that their actions are legal measures. The police force is legislated, and their actions are often legal measures. But it isn't the same with the Attorney General, not all of his actions are legal measures, so to say.

Hopefully this clears things up a bit! These are two things I struggled with so hopefully you're following the way I've explained it all... :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 15, 2017, 09:24:50 am
Hi Elyse/Jamon, I'm unsure of how to go about answering a question which focuses on the theme of "encouraging cooperation and resolving conflict" in family law. It must also be on the contemporary issues. I suppose for 'recognition of same-sex relationships' i could talk about the conflict between Christian lobbies and Australia Marriage Equality? I feel like this would be a very narrow argument though so are there any other suggestions?

Thanks!

Also, My legal teacher always says how we should aim for at least 5 legal arguments in our essays however I am confused with what a legal argument is.  :-\ She keeps saying that it is not 5 paragraphs though because a legal argument can be discussed in say, 2-3 paragraphs. What is your opinion on this? Also, say if I was to talk about the one idea over 3 paragraphs, would I still need a topic sentence/concluding sentence for each of the 3 paragraphs even if they link to the same idea?

Thanks!


Hey Grace! In relation to the first question...
This is a tricky question. Out of the four contemporary issues, the question lends itself far more easily to the changing nature of parental responsibility and the care and protection of children. So much of the Family syllabus relates to these two topics more, especially in relation to divorce and separation. Do you have to talk about each contemporary issue or is it ok to choose the two that it relates to most? Because admittedly, I think that you've taken the best approach to marriage equality despite it being a very narrow road.

As for your second question - can you give me an example of what your teacher suggests a legal argument is? I am interpreting it to be lots of things and I don't know it's necessarily linking up with your teacher's instructions. If a legal argument is a point that argues for or against the question, then I think 5 is pretty solid. But, you could spend a paragraph per argument with some essay structures, and give a case as evidence for each. Or, you could follow the same argument in two different paragraphs but show how the same measure has manifested in different levels of effectiveness in each case. I don't want to contradict what your teacher has suggested, and there are soooo many ways to structure a legal essay, but if my understanding is the same as your teacher's, this is what I think! :)
Title: Re: Legal Studies Question Thread
Post by: grace.estelle on March 15, 2017, 03:52:19 pm
Hey Grace! In relation to the first question...
This is a tricky question. Out of the four contemporary issues, the question lends itself far more easily to the changing nature of parental responsibility and the care and protection of children. So much of the Family syllabus relates to these two topics more, especially in relation to divorce and separation. Do you have to talk about each contemporary issue or is it ok to choose the two that it relates to most? Because admittedly, I think that you've taken the best approach to marriage equality despite it being a very narrow road.

As for your second question - can you give me an example of what your teacher suggests a legal argument is? I am interpreting it to be lots of things and I don't know it's necessarily linking up with your teacher's instructions. If a legal argument is a point that argues for or against the question, then I think 5 is pretty solid. But, you could spend a paragraph per argument with some essay structures, and give a case as evidence for each. Or, you could follow the same argument in two different paragraphs but show how the same measure has manifested in different levels of effectiveness in each case. I don't want to contradict what your teacher has suggested, and there are soooo many ways to structure a legal essay, but if my understanding is the same as your teacher's, this is what I think! :)

We have to talk about three of the four - care and protection of children, recognition of same-sex relationships and surrogacy and birth technologies.

My teacher told me that one legal argument is a discussion on one area of law but I don't really understand specifically what she means  :-\ I think she might mean for example 'legal requirements of marriage' would be one area of law. I'm not too sure...
Also when you say argue for or against the question, would I argue both ways in the one paragraph or do you suggest starting a new paragraph?

What is your recommended number of paragraphs to do?  :)
Title: Re: Legal Studies Question Thread
Post by: grace.estelle on March 15, 2017, 06:04:58 pm
Hi Jamon, I was just looking at your '7 common mistakes' guide and I was wondering what is the difference between how to answer 'describe' and 'assess' essay questions? I often get told I'm describing too much and need to put in more analysis/make more evaluations etc even if its in an explain/describe question? So what is the difference in the level of analysis or evaluations needed for 'describe' and 'assess' questions?

Thank you!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 15, 2017, 06:50:57 pm
Hi Jamon, I was just looking at your '7 common mistakes' guide and I was wondering what is the difference between how to answer 'describe' and 'assess' essay questions? I often get told I'm describing too much and need to put in more analysis/make more evaluations etc even if its in an explain/describe question? So what is the difference in the level of analysis or evaluations needed for 'describe' and 'assess' questions?

Thank you!

Hey Grace!

So you'll never get a 'Describe' essay question - The verb is too low order (meaning you aren't being asked to do enough for an essay). Buuut, you might get Describe questions in your short answers!

If you get a short answer question with 'Describe' it means to give the main features of. So if you were asked to 'Describe' the Separation of Powers, you would go through what the legislature, executive and judiciary all are. This is different to being asked to explain the role of the separation of powers; this requires acknowledging things like the rule of law, the interpretation of the judiciary - WHY the separation of powers exists. Then evaluating would be a step higher again - Does it do a good or bad job (likely in protecting human rights)? ;D

Most, if not all of your essays, will be to analyse or assess. Neither of these will involve description, meaning things like:

- Describing the details of a case you reference
- Describing the specific laws in a piece of legislation you reference
- Describing exactly what a "crime against humanity" is
- Describing what "post sentencing considerations" are

All of those are no goes - Your marker knows this course, they don't need to be told what things are or have features listed. They just want analysis - What role do the mechanisms play? How good of a job do they do? :)

I hope this helps you out!! Don't worry, I had trouble with too much description in my senior years too - It takes practice! :)

Oh, and in relation to your above question (I'll let Elyse tag in properly), but I reckon one paragraph per contemporary issue sounds good? You need to do three, so do three paragraphs! And you could argue for effectiveness/ineffectiveness in the same paragraph, if you wanted to, or you could say that we are effective in responding to one issue, but ineffective for another. Tailor it to your own perceptions and what you want to argue ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 15, 2017, 07:55:12 pm
We have to talk about three of the four - care and protection of children, recognition of same-sex relationships and surrogacy and birth technologies.

My teacher told me that one legal argument is a discussion on one area of law but I don't really understand specifically what she means  :-\ I think she might mean for example 'legal requirements of marriage' would be one area of law. I'm not too sure...
Also when you say argue for or against the question, would I argue both ways in the one paragraph or do you suggest starting a new paragraph?

What is your recommended number of paragraphs to do?  :)

Ok, I don't really know what your teacher means but I can assume you're correct. You can really do whatever you deem fit in terms of structure, you need to gauge it on how much you have to say about it. So, if I was talking about divorce, and the required length of separation before divorce (one year), I could discuss the effectiveness of this in one paragraph (suggesting mediation, the kiss and makeup clause, time for emotions to simmer down), and then the next paragraph could be on how this is ineffective because it delays the process of moving on, it may be traumatic and turbulent for children, and it doesn't really provide appreciation for couple's who have done a separation on their own before but didn't alert the law. So, I have a lot to say about this so I'd do it in two paragraphs. But, I have far less to say about the legal requirements of marriage, so I might do the fors and against all in one paragraph. So, if you do take on about 5 legal arguments as your teacher suggested and it sounds fair to me, then I think you might only give a legal argument one paragraph, but you might give the next one two paragraphs! They don't always have to be given equal treatment, as some sections of the syllabus will provide for more debate than others :)
Title: Re: Legal Studies Question Thread
Post by: grace.estelle on March 15, 2017, 08:58:12 pm
Hey Grace!

So you'll never get a 'Describe' essay question - The verb is too low order (meaning you aren't being asked to do enough for an essay). Buuut, you might get Describe questions in your short answers!

If you get a short answer question with 'Describe' it means to give the main features of. So if you were asked to 'Describe' the Separation of Powers, you would go through what the legislature, executive and judiciary all are. This is different to being asked to explain the role of the separation of powers; this requires acknowledging things like the rule of law, the interpretation of the judiciary - WHY the separation of powers exists. Then evaluating would be a step higher again - Does it do a good or bad job (likely in protecting human rights)? ;D

Most, if not all of your essays, will be to analyse or assess. Neither of these will involve description, meaning things like:

- Describing the details of a case you reference
- Describing the specific laws in a piece of legislation you reference
- Describing exactly what a "crime against humanity" is
- Describing what "post sentencing considerations" are

All of those are no goes - Your marker knows this course, they don't need to be told what things are or have features listed. They just want analysis - What role do the mechanisms play? How good of a job do they do? :)

I hope this helps you out!! Don't worry, I had trouble with too much description in my senior years too - It takes practice! :)

Oh, and in relation to your above question (I'll let Elyse tag in properly), but I reckon one paragraph per contemporary issue sounds good? You need to do three, so do three paragraphs! And you could argue for effectiveness/ineffectiveness in the same paragraph, if you wanted to, or you could say that we are effective in responding to one issue, but ineffective for another. Tailor it to your own perceptions and what you want to argue ;D

ok sweet, I love short answers  ;D But if you were to describe/explain in a short answer, would you still give examples such as cases, legal measures etc to support?

Yep I think at the moment I am arguing we are effective in one area but ineffective in dealing with another issue. For a more general question though, would writing only three paragraphs be insufficient?
Title: Re: Legal Studies Question Thread
Post by: grace.estelle on March 15, 2017, 09:07:09 pm
Ok, I don't really know what your teacher means but I can assume you're correct. You can really do whatever you deem fit in terms of structure, you need to gauge it on how much you have to say about it. So, if I was talking about divorce, and the required length of separation before divorce (one year), I could discuss the effectiveness of this in one paragraph (suggesting mediation, the kiss and makeup clause, time for emotions to simmer down), and then the next paragraph could be on how this is ineffective because it delays the process of moving on, it may be traumatic and turbulent for children, and it doesn't really provide appreciation for couple's who have done a separation on their own before but didn't alert the law. So, I have a lot to say about this so I'd do it in two paragraphs. But, I have far less to say about the legal requirements of marriage, so I might do the fors and against all in one paragraph. So, if you do take on about 5 legal arguments as your teacher suggested and it sounds fair to me, then I think you might only give a legal argument one paragraph, but you might give the next one two paragraphs! They don't always have to be given equal treatment, as some sections of the syllabus will provide for more debate than others :)

Ok thank you for clarifying!! And wow your example is soooo good, made me realise my essays need a lot of work  :'(
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 15, 2017, 09:10:55 pm
Ok thank you for clarifying!! And wow your example is soooo good, made me realise my essays need a lot of work  :'(

Admittedly, my views on divorce and the law have changed since seeing someone close to me go through it, these weren't my exact thoughts in the HSC! Family Law is fun though, because you can really plant yourself into a situation and think "How would I feel if this happened in my family?" and that's how I came up with the ideas about it being turbulent for children, etc... Everyone is part of a family of some kind, so you can form your opinions accordingly :)

Good luck! :)
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on March 16, 2017, 05:58:21 pm
Hi!

When does a case that is appealed go to the Court of Criminal Appeal or the next court with appellate jurisdiction? I'm a bit confused when thinking about this.
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 16, 2017, 06:08:43 pm
hello

i was wondering how do you incorporate themes and challenges in the syllabus within an essay. i never understood how to and everying one said so i was like =/ thank you  :)
Title: Re: Legal Studies Question Thread
Post by: angel.oggs on March 16, 2017, 07:15:49 pm
Hey Elyse, i have my legal half yearly coming up and i got the question for my crime extended response: "To what extent has criminal law reform been effective in achieving justice?". It is worth 15 marks and i am aiming to get a mark in the A range. I was just wondering if you had any advice on what to include and how to strucutre it, e.g how many different examples of law reform i should include. Thanks heaps :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 16, 2017, 07:22:22 pm
hello

i was wondering how do you incorporate themes and challenges in the syllabus within an essay. i never understood how to and everying one said so i was like =/ thank you  :)

Hey there! I wrote a little guide on this here that might help! You don't need to incorporate every single theme and challenge in a response, but you should judiciously select the best for your essay! I find that compliance and non-compliance are very easy to use for crime seeing as crime is non-compliance, afterall! You don't have to feature full arguments around them, although I suppose you can, the main intention is for you to use the legal vocabulary with sophistication! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 16, 2017, 08:08:15 pm
Hi!

When does a case that is appealed go to the Court of Criminal Appeal or the next court with appellate jurisdiction? I'm a bit confused when thinking about this.

Hey Vinny, I'm sorry I'm just a little unclear on your question! Do you mean, what dictates whether the case goes to the CCA or the next court with appellate jurisdiction? Like, how do they decide which court it goes to? Or, what is the process of appeal?

Sorry! Let me know and I'll try my best to answer :)


Hey Elyse, i have my legal half yearly coming up and i got the question for my crime extended response: "To what extent has criminal law reform been effective in achieving justice?". It is worth 15 marks and i am aiming to get a mark in the A range. I was just wondering if you had any advice on what to include and how to strucutre it, e.g how many different examples of law reform i should include. Thanks heaps :)

Hey angel!
I'll give you some examples of law reform that comes to mind:
-Toonen and Croome cases (really good! Lots of info on this!)
-R V Bilal Skaf case triggered law reform on aggravated sexual assault in company
-Mandatory sentencing for police officers
-Mandatory sentencing for one punch attacks (you could argue this quite easily to be ineffective law reform, whereas the others are more effective law reform, just because there's so much debate for you to play devil's advocate).

If there are specific statistics available for any of these (has it decreased crime, for example), then I'd tie them in. But something like the Skaf reform was about addressing an area of the law that lacked, rather than hoping to decrease the crime. It was about making the crime legislated to be punishable to the extent it needs to be. I'd be focusing perhaps on one specific law reform per paragraph, (or if it stills into two paragraphs no biggy) and then make sure you're using themes and challenges in there and talk about WHO it is effective for - the victim? the suspect? society? Who benefits from law reform and who doesn't? :)
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on March 17, 2017, 07:04:15 pm
Hey Vinny, I'm sorry I'm just a little unclear on your question! Do you mean, what dictates whether the case goes to the CCA or the next court with appellate jurisdiction? Like, how do they decide which court it goes to? Or, what is the process of appeal?

Sorry! Let me know and I'll try my best to answer :)

Yes, I'd like to know the answer to all these questions haha!
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on March 18, 2017, 06:30:27 pm
Wanted to edit my last post but the edits didn't go through after waiting more than 12 hours. Anyway, I also wanted to ask:

In the 2014 HSC MC section - Q10 - "Peter, while under the influence of drugs, has caused the death of another person. He is charged with murder.

Which court will be the first to hear the charge against Peter?

A) Drug Court
B) Local Court
C) Supreme Court
D) Coroner's Court

I thought the answer would be C but the solutions say it's B. Can you please explain why this is the case? Thanks!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 18, 2017, 06:32:11 pm
In the 2014 HSC MC section - Q10 - "Peter, while under the influence of drugs, has caused the death of another person. He is charged with murder.

Which court will be the first to hear the charge against Peter?

A) Drug Court
B) Local Court
C) Supreme Court
D) Coroner's Court

I thought the answer would be C but the solutions say it's B. Can you please explain why this is the case? Thanks!

Hey Vinny! It would definitely go to the Supreme Court, but first it needs a committal hearing to determine whether adequate evidence exists to proceed to trial, and these take place in the Local Court - That's what it is B! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 19, 2017, 04:06:06 am
Yes, I'd like to know the answer to all these questions haha!

Haha! Great :)
Well..
The District Court can hear appeals against Local Court and Children's Court decisions. So if something is appealed from the later two courts, it goes to the District Court.
Appeals against District Court decisions go to the Court of Criminal Appeal, the Court of Appeal or the Supreme Co​urt of NSW​, depending on the type of case in question.

So, to avoid congestion, if something is appealed from the Local Court or Children's Court, it does to the District Court. But if it cannot be satisfied there, and is appealed, it will most likely go to the Courts of Appeal.

"The Court of Appeal is the final court of appeal in New South Wales. The Court of Appeal hears applications for leave to appeal and appeals from single judges of the Supreme Court and from other NSW courts and tribunals. It has both appellate and supervisory jurisdiction in respect of all other courts in the State system.  "

But....what happens if you want to appeal something from the Court of Appeal?

"Appeals against decisions of the Court of Appeal are made to the High Court of Australia in matters of public or general importance. However, before the appeal can progress, the applicant must first obtain the High Court's leave to proceed." Info taken from here.

Here is a list of current cases in the High Court, including some appeals!

It's a long process, and it's important to know the understanding of how things move up through different courts, but it's unlikely that you'd need to know this all in perfect detail :)
Title: Re: Legal Studies Question Thread
Post by: Wales on March 19, 2017, 09:53:35 pm
Dear Jamon,

Last time you successfully predicted WORD FOR WORD the question for my Term 1 Exam. Next week is my half yearlies and I wish to seek your wisdom once again.

The topic is Crime. A bit broad but I'd like to hear some predictions as to commonly asked exam questions. I've looked through some papers but I'd love to hear your insight too :) Same goes to anybody who has some idea of possible questions and some strong points I should definitely bring up in the essay.

Cheers, Wales

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 19, 2017, 10:29:30 pm
Dear Jamon,

Last time you successfully predicted WORD FOR WORD the question for my Term 1 Exam. Next week is my half yearlies and I wish to seek your wisdom once again.

The topic is Crime. A bit broad but I'd like to hear some predictions as to commonly asked exam questions. I've looked through some papers but I'd love to hear your insight too :) Same goes to anybody who has some idea of possible questions and some strong points I should definitely bring up in the essay.

Cheers, Wales

Hey Wales! You should check out the themes and challenges on Page 17 of the syllabus - They are common avenues for questions beyond the basic "talk about international crime" type questions!

For what it is worth - I think law reform could be a strong candidate for the HSC exam this year (going for three straight years of predicting the Crime question ;)), but that doesn't mean you'll get it now. Don't be surprised if it is just a simple question on one of the topic areas (sentencing, young offenders, etc) - But if it isn't one of those, it will be a theme/challenge! ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 19, 2017, 10:51:05 pm
Dear Jamon,

Last time you successfully predicted WORD FOR WORD the question for my Term 1 Exam. Next week is my half yearlies and I wish to seek your wisdom once again.

The topic is Crime. A bit broad but I'd like to hear some predictions as to commonly asked exam questions. I've looked through some papers but I'd love to hear your insight too :) Same goes to anybody who has some idea of possible questions and some strong points I should definitely bring up in the essay.

Cheers, Wales

My bets are on Law Reform too, or another theme or challenge.
My year 12 half yearly was on the role of discretion, particularly in sentencing! It sounds obscure and I certainly didn't expect it to be a question. So I'm throwing it out there as a possibility to warn you! ;)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 20, 2017, 07:15:08 pm
Hi! Im extremely confused about what is discretion and how does it help the legal system? thank you very very much!
Title: Re: Legal Studies Question Thread
Post by: bowiemily on March 20, 2017, 07:54:27 pm
Hi! Im extremely confused about what is discretion and how does it help the legal system? thank you very very much!

Discretion is the idea that people with power in regards to the law (eg. the police, judges) have the ability to interpret how the law is applied. For example, the police have discretion when choosing how much force is necessary when detaining a suspect. A judge has discretion when deciding a sentence. It can work for and against the legal system. A plus is that it means crimes can be judged individually and fairly, meaning that the results could better balance the victims, offenders and society. On the other hand, it can also be used arbitrarily, or even prevent the achievement of justice. A case you could use in favour of discretion is R v Silva, where the judge gave a suspended sentence considering the nature of Silvas crime (as a victim of domestic violence herself). For an argument against discretion, you could use whats commonly referred to as the 'Curti case' http://www.smh.com.au/nsw/police-used-excessive-unnecessary-unlawful-force-on-brazilian-student-roberto-curti-court-hears-20141117-11o3tr.html

Hope this helps!
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on March 20, 2017, 08:17:42 pm
Hey Elyse!

I was just wondering in regards to family -
- Is the Property (Relationships) Act 1984 (NSW) still enacted or relevant? Considering the state conferred their powers of managing de facto relationships onto federal jurisdiction in 2003..
- What are the explicit differences in people's rights between married and de facto couples (as I understand there isn't that much anymore...)
- My teacher told us we won't finish the last two contemporary issues for the option and that they won't be in the exam --> do you think it is worth studying the care and protection of children in particular to support other essay questions? Or would you advise me to just know the other areas well?

Just generally, and in particular related to same sex couples in the family topic;
- How should we evaluate the effectiveness of non-legal measures? e.g should they be judged based on how much input they create themselves, or how effective parliament is in responding to them. I'm alittle unsure how I would frame a judgement about this stuff for example, in a paragraph.

Thank you so much !! You guys are amazing, it's really appreciated  :D
Rachel
Title: Re: Legal Studies Question Thread
Post by: Mary_a on March 20, 2017, 08:44:07 pm
Hey Guys,

In a Legal Studies Exam how many words/pages do you suggest for the essay/creative?

Thanks,

Mary x
Title: Re: Legal Studies Question Thread
Post by: Wales on March 20, 2017, 10:29:23 pm
Hey Guys,

In a Legal Studies Exam how many words/pages do you suggest for the essay/creative?

Thanks,

Mary x

My teacher always suggests upwards 600 words or about 4 pages minimum. I tend to write 6+ because of slightly bigger handwriting but I'd say aim for 4-5.

See what the Legal Professionals have to say :P I'm just a passing by student ~
Title: Re: Legal Studies Question Thread
Post by: Wales on March 20, 2017, 10:31:07 pm
My bets are on Law Reform too, or another theme or challenge.
My year 12 half yearly was on the role of discretion, particularly in sentencing! It sounds obscure and I certainly didn't expect it to be a question. So I'm throwing it out there as a possibility to warn you! ;)

Funny you both say that. My teacher said the same thing and also predicted the last 2 years of HSC questions correctly :P

We were given an essay in the holiday to write about discretion. Could be a hint that it might be in my upcoming exam. I'll write up two drafts, one for Law Reform and one for Discretion.

Cheers :) Wales
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 20, 2017, 10:31:13 pm
Hey guys! When do we have a referendum, is it when we have to change the constitution or a statute law?
Title: Re: Legal Studies Question Thread
Post by: Wales on March 20, 2017, 10:35:21 pm
Hey guys! When do we have a referendum, is it when we have to change the constitution or a statute law?

Fairly certain it relates to changes in the Constitution. I can't seem to recall anything about it changing statute law. I think that might be a plebiscite. Not 100% though.
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on March 20, 2017, 10:42:44 pm
Hey Guys,

In a Legal Studies Exam how many words/pages do you suggest for the essay/creative?

Thanks,

Mary x

Hey there,

This is just a very general guide line but my teacher kept emphasising that the crime essay should be around 6 pages and the options essays around 8 - definitely dependent on the level of detail, length of quotes, size of paragraphs and size of handwriting - for me.. I have unusually large handwriting so I always needed more paper and averaged around 10 pages for each essay including crime --> in reality it was around 7 pages of a normal person's writing. If you are worried about length, you can definitely post it on the legal studies essay marking thread and we can have a look at it for you and tell you what we think :)

Hope this helps :)

Hey guys! When do we have a referendum, is it when we have to change the constitution or a statute law?

A referendum is required to change a part of the constitution; in order to change statute law, it just requires the bill to go through both houses of parliament and gain royal assent - not dependent on the vote of the australian public (there are many acts that become laws and many that are changed each year, if the australian public had to vote to change each one, it would be incredibly inefficient and a waste of many resources (hiring out schools and paying people to run stalls, paper wastage etc) - Wales is definitely correct - never say that you are a plebiscite, everyone has value!!!

Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 21, 2017, 08:42:25 pm
Hey there,

This is just a very general guide line but my teacher kept emphasising that the crime essay should be around 6 pages and the options essays around 8 - definitely dependent on the level of detail, length of quotes, size of paragraphs and size of handwriting - for me.. I have unusually large handwriting so I always needed more paper and averaged around 10 pages for each essay including crime --> in reality it was around 7 pages of a normal person's writing. If you are worried about length, you can definitely post it on the legal studies essay marking thread and we can have a look at it for you and tell you what we think :)


Just adding to Isaac - I expected I would write 6 pages in Crime, but when I got my essay question about transnational law, I thought "yeah, no way I can write 6 pages about this." And in hindsight I think that's an important call to make so that I wasn't waffling at the end trying to get to 6 pages. Always play by ear and be realistic about planning your essay (whether on paper or in your head) so that when you start waffling, you call yourself out to stop wasting time, end the essay nicely, and move on. :) I think I wrote 4, possibly 5 pages.
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 21, 2017, 10:31:58 pm
hi! this is a question from Jamon's legal studies notes that asks: what are the 4 ways in which crime can be classified?
Does this mean the types of offences like crimes against person, state economic offences etc?
Also, is a disadvantage to strict liability is because the (accused?) does not have a say or provide their side of the story?
Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 21, 2017, 10:57:16 pm
hi! this is a question from Jamon's legal studies notes that asks: what are the 4 ways in which crime can be classified?
Does this mean the types of offences like crimes against person, state economic offences etc?
Also, is a disadvantage to strict liability is because the (accused?) does not have a say or provide their side of the story?
Thanks

Omg I forgot I had those questions in my study notes! Best thing ever those things, really liked having the questions there to test my knowledge :)

Those questions will be tough because I wrote them to jog my own memory. So half of them might not click with you, and that's okay. From memory, my thinking with that first one was:

- Summary/Indictable
- Strict Liability/Not Strict Liability
- Offences Against the Person, Economics offences, etc
- Ummm...

See, it barely clicks with me anymore  ;D would love for someone to try and guess what the hell I was thinking there :P

Yep, that's definitely a valid criticism of strict liability offences! ;D

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 21, 2017, 11:14:14 pm
Omg I forgot I had those questions in my study notes! Best thing ever those things, really liked having the questions there to test my knowledge :)

Those questions will be tough because I wrote them to jog my own memory. So half of them might not click with you, and that's okay. From memory, my thinking with that first one was:

- Summary/Indictable
- Strict Liability/Not Strict Liability
- Offences Against the Person, Economics offences, etc
- Ummm...

See, it barely clicks with me anymore  ;D would love for someone to try and guess what the hell I was thinking there :P

Yep, that's definitely a valid criticism of strict liability offences! ;D

Federal offence or state offence?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 21, 2017, 11:28:21 pm
Federal offence or state offence?

Ahhhh that could be it! I honestly can't remember  :o
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 23, 2017, 08:06:59 pm
The questions you have in those notes are definitely really helpful for me to summaries and condense the content. SO THANK YOU! ;D ;D
I also have a question: if there was an essay question that asks to "assess the effectiveness of something (eg.criminal trial process) as a means of achieving justice" how should I structure it and what should I writing about? 
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 23, 2017, 08:17:12 pm
The questions you have in those notes are definitely really helpful for me to summaries and condense the content. SO THANK YOU! ;D ;D
I also have a question: if there was an essay question that asks to "assess the effectiveness of something (eg.criminal trial process) as a means of achieving justice" how should I structure it and what should I writing about?

Hey Bubbly! For me, you have two, perhaps three options:

1- Take pieces of your "something" and analyse each in its own paragraph turn (EG - judicial discretion and juries could be two for your example)
2- A case study approach, where you take specific cases and analyse effectiveness in each (one per paragraph)

The third and my preferred would be defining "achieving justice" as balancing the rights of victims, offenders and society. This gives a proper definition for justice and then I can just do a paragraph on how each of them is recognised (EG - society is represented by the jury, so my society paragraph might focus on the effectiveness of the jury)

There is no right or wrong way to structure an essay though - Much to your preference ;D
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 23, 2017, 09:33:50 pm
Sorry another question: If a 14 year kid commits murder or a very serious offence, will the case be established in the children's court then tried at the supreme court or only at the childrens court?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 23, 2017, 09:37:32 pm
Hi i was doing a past paper and came up two questions i dont really know how to answer. could you explain them to me please so if a similar question appears i know the information?

- how does the UN seek to enforce Human Rights (3)
- give and example of an international treaty that seeks to protect human rights and a specific right within
                                      for this question i was first going to talk about a convention or decleration but neither are HR so i dont really know what treaty to use. =/

thank you
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 24, 2017, 12:54:54 am
Sorry another question: If a 14 year kid commits murder or a very serious offence, will the case be established in the children's court then tried at the supreme court or only at the childrens court?

99.9% sure that even if the presumption of doli incapax is succesfully rebutted, the case stays in Children's Court for any offences that take place while the offender is under 18 - And can stay there until that offender is 21 years of age ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 24, 2017, 01:04:11 am
Hi i was doing a past paper and came up two questions i dont really know how to answer. could you explain them to me please so if a similar question appears i know the information?

- how does the UN seek to enforce Human Rights (3)
- give and example of an international treaty that seeks to protect human rights and a specific right within
                                      for this question i was first going to talk about a convention or decleration but neither are HR so i dont really know what treaty to use. =/

thank you

Hey! So for UN enforcing human rights, talk about the Security Council. They have the power to apply sanctions as pressures to comply with international human rights ideals, and can send in Humanitarian Peacekeeping Forces to prevent/handle human rights violations (their intervention in Rwanda would probably be the best example!) :)

As for the treaty, could you go with the easy ones like the ICCPR or ICESCR? The international human rights documents? Or are they looking for something more specific than that ;D
Title: Re: Legal Studies Question Thread
Post by: caitlinjovanovska on March 24, 2017, 12:31:15 pm
Hi!

If we were to get an essay question on law reform, what examples would you include? Would it be stuff like amendments to the Bail Act?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 24, 2017, 12:36:05 pm
Hi!

If we were to get an essay question on law reform, what examples would you include? Would it be stuff like amendments to the Bail Act?

That's definitely an area to address! You could also explore amendments to LEPRA to give police more powers, the introduction of mandatory sentencing for certain offences in response to the R v Loveridge case in 2013 - There is loads to discuss because the law is changing so frequently!! ;D
Title: Re: Legal Studies Question Thread
Post by: theblackswan on March 24, 2017, 01:57:08 pm
Hey, I've got an essay question asking about the effectiveness of the law in the area of adoption. I'm writing about same sex adoption, the 2000 Adoption Act NSW and adoption from overseas (or maybe the 2014 amendments). Are there any good sources for the effectiveness of the Same sex Adoption Amendment Act 2010? I can't seem to find a lot of documents evaluating the effectiveness of the law in that area. Thx!!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 24, 2017, 08:31:38 pm
Hi!

If we were to get an essay question on law reform, what examples would you include? Would it be stuff like amendments to the Bail Act?

Make sure you're linking to the other themes and challenges in this response! Law reform occurs to reflect ethical and moral standards of societies!

Don't forget that you can discuss law reforms that aren't very recent. Toonen and Croome cases are excellent. Consider abolition of capital punishment, mandatory sentencing of the murder of police officers, mandatory sentencing for one punch attacks as well! These are what I would discuss :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 24, 2017, 09:20:19 pm
Hi
could you please explain me
- aggravating and mitigating circumstances
- subjective and objective
- judicial statutory guidelines please and well as the differences pretty please?
thank you sooo much
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 24, 2017, 09:53:05 pm
Hi
could you please explain me
- aggravating and mitigating circumstances
- subjective and objective
- judicial statutory guidelines please and well as the differences pretty please?
thank you sooo much

Aggravating/Mitigating circumstances are case specific factors taken into consideration when sentencing to make the punishment more or less severe. EG - Aggravating factor could be a lack of remorse. Mitigating factor could be an admission of guilt or good character.

Subjective and Objective - Subjective is a matter of opinion, objective is a matter of fact ;D (EG - "Donald Trump is president" is an objective statement, "Donald Trump is a good president" is a subjective statement ;D

Judiciary Guidelines refers to precedents set by prior judgements, while statutory guidelines refer to guidelines set by legislation (EG - The Crimes Sentencing Procedures Act). Statutory guidelines are generally more restrictive, while judicial guidelines will usually just be used as reference - There is no requirement to match a prior ruling perfectly, but you MUST follow legislation :)
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on March 24, 2017, 11:20:37 pm
Hi,

I just had a question for Legal. What is the meaning of discretion? and what are the different types in the legal system?



Thanks, Soha
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 24, 2017, 11:24:55 pm
Hi,

I just had a question for Legal. What is the meaning of discretion? and what are the different types in the legal system?

Thanks, Soha

Hi! Welcome to the forums! ;D

Our English Lecturer Emily provided this awesome answer to the same question a few days ago:

Discretion is the idea that people with power in regards to the law (eg. the police, judges) have the ability to interpret how the law is applied. For example, the police have discretion when choosing how much force is necessary when detaining a suspect. A judge has discretion when deciding a sentence. It can work for and against the legal system. A plus is that it means crimes can be judged individually and fairly, meaning that the results could better balance the victims, offenders and society. On the other hand, it can also be used arbitrarily, or even prevent the achievement of justice. A case you could use in favour of discretion is R v Silva, where the judge gave a suspended sentence considering the nature of Silvas crime (as a victim of domestic violence herself). For an argument against discretion, you could use whats commonly referred to as the 'Curti case' http://www.smh.com.au/nsw/police-used-excessive-unnecessary-unlawful-force-on-brazilian-student-roberto-curti-court-hears-20141117-11o3tr.html
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 24, 2017, 11:41:11 pm
Hi! Welcome to the forums! ;D

Our English Lecturer Emily provided this awesome answer to the same question a few days ago:

Discretion is the idea that people with power in regards to the law (eg. the police, judges) have the ability to interpret how the law is applied. For example, the police have discretion when choosing how much force is necessary when detaining a suspect. A judge has discretion when deciding a sentence. It can work for and against the legal system. A plus is that it means crimes can be judged individually and fairly, meaning that the results could better balance the victims, offenders and society. On the other hand, it can also be used arbitrarily, or even prevent the achievement of justice. A case you could use in favour of discretion is R v Silva, where the judge gave a suspended sentence considering the nature of Silvas crime (as a victim of domestic violence herself). For an argument against discretion, you could use whats commonly referred to as the 'Curti case' http://www.smh.com.au/nsw/police-used-excessive-unnecessary-unlawful-force-on-brazilian-student-roberto-curti-court-hears-20141117-11o3tr.html


Hi in relation to discretion; how does it help society and victims for justice? ( have an essay question for that) but im sort of confused in terms of how could it help victims or even society coz i have alot to back up for offenders but not so sure for the other two. (another question lowkey again related to discretion- is the consideration of mitigating/aggravating stuff when sentencing considered part of discretion?)
thank you!
 
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 25, 2017, 12:44:33 am

Hi in relation to discretion; how does it help society and victims for justice? ( have an essay question for that) but im sort of confused in terms of how could it help victims or even society coz i have alot to back up for offenders but not so sure for the other two. (another question lowkey again related to discretion- is the consideration of mitigating/aggravating stuff when sentencing considered part of discretion?)
thank you!

So to start - Yes, mitigating/aggravating is very much judicial discretion stuff. It is up to the judge to interpret and apply those circumstances ;D

For society, you can look at how police apply discretion to protect societal interests. Equally, how judges apply discretion to apply harsher jail terms to keep high risk offenders off the streets for longer. Similarly for Victims, judges can apply their discretion to consider Victim Impact Statements and other factors to recognise the impact of the criminal behaviour on the victim. Discretion isn't going to directly protect the victim, but it will recognise their rights when handling criminals (usually at the expense of the offender) :)
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on March 25, 2017, 01:35:12 pm
Hi,


I just had a question! For the assess the effectivness of the criminal justice system, what should we be talking about ? I have different points in my essay and the textbook is talking about different things. I focused on the Children's Court, the rights of the child while Questioning etc... while the textbook is talking about the restorative justice ???

Thanks
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on March 25, 2017, 02:09:15 pm
Hey guys, I have my half yearlies next Thursday and I wanted to know what the difference between a 15 mark Crime question vs a 25 Option (shelter in my case) question is. What do I need to include in the 25 mark question that I don't need in the 15 mark question and vice versa? Not too sure how many paragraphs I'd need for both.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 25, 2017, 02:42:38 pm
Hi,


I just had a question! For the assess the effectivness of the criminal justice system, what should we be talking about ? I have different points in my essay and the textbook is talking about different things. I focused on the Children's Court, the rights of the child while Questioning etc... while the textbook is talking about the restorative justice ???

Thanks

Hey! There is no limit to what you can discuss for a question like that, no right or wrong. You are taking a 'Young Offender's' based approach and that is definitely okay! As long as you are talking about the Criminal Justice System and making a judgement of effectiveness, it works. You could evaluate the effectiveness of different pieces of legislation, different sentencing decisions, or go down the route you are going. All work ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 25, 2017, 02:46:27 pm
Hey guys, I have my half yearlies next Thursday and I wanted to know what the difference between a 15 mark Crime question vs a 25 Option (shelter in my case) question is. What do I need to include in the 25 mark question that I don't need in the 15 mark question and vice versa? Not too sure how many paragraphs I'd need for both.

Hey! They are very similar - Basically a 25 marker just needs more depth of analysis. Whereas a Crime essay might need 3 paragraphs, an Option essay might need four or five. There's no set formula, but as an indicator - In the HSC my Crime essay was 5.5 booklet pages. My Family essay was about 7 pages. There's just that little extra bit of depth - But the way you view and respond to the question doesn't really change ;D
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on March 25, 2017, 06:12:32 pm
Hi,

what is the answer to the question???
what is the most correct explaniation of the complemetary jurisdiction of the ICC?


Thanks
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 25, 2017, 09:46:29 pm
hello,
i dont understand one part of the reasons against a charter of right being; it is costly and difficult to implement and change?
why is that so? difficult i guess because it would be lengthy process buy why costly?

thanks
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 25, 2017, 10:16:32 pm
hello,
i dont understand one part of the reasons against a charter of right being; it is costly and difficult to implement and change?
why is that so? difficult i guess because it would be lengthy process buy why costly?

thanks

I suppose hiring legal professionals might be a cost?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 25, 2017, 10:28:17 pm
I suppose hiring legal professionals might be a cost?

sorry if this sounds like a dumb question but what role would the legal professional have? would it be like making it sound legally correct or something?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 25, 2017, 10:29:17 pm
hey does anyone have notes on themes and challenges for crime which could then be used for essays etc?

thank you
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on March 26, 2017, 01:12:16 am
Hi,

I just had a question. Although I am aware that the constitution does not express many human rights. But is it considered effective? as the question is evaluate the effectivness of the constitution?
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 26, 2017, 01:30:58 am
Hi,

I just had a question. Although I am aware that the constitution does not express many human rights. But is it considered effective? as the question is evaluate the effectivness of the constitution?

I wouldn't confine myself to absolutes. It is neither effective nor ineffective but rather mildly effective. From there, find evidence that is suggestive of both advantages and disadvantages. Hope that helps.
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 26, 2017, 01:32:05 am
sorry if this sounds like a dumb question but what role would the legal professional have? would it be like making it sound legally correct or something?

Concerned with the legal jargon and stuff. I may be wrong though. Other costs could include delays in proceedings due to objections and stuff, which could entail re-accommodation and stuff.
Title: Re: Legal Studies Question Thread
Post by: forevertired on March 26, 2017, 01:33:06 am
hey does anyone have notes on themes and challenges for crime which could then be used for essays etc?

thank you

Hey! just to clarify, what do you mean by 'notes' on the themes and challenges? Because I don't have "notes" dedicated to the themes and challenges per say, but i've written some essay ideas/plans/scaffolds for them is if that's what you mean (which I personally find useful as you can often get essay questions around themes & challenges). For instance, for "the role of discretion in the criminal justice system", you could basically talk about anything under the criminal investigation process syllabus point, charge negotiation, mandatory sentencing, etc. Ofc you need to know about them before you can write about them, but they should be covered in your 'regular'/main notes or whatever anyways :)
I know it's a little vague, so if anyone has any other input... !!
also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 26, 2017, 02:47:24 am
Really loving some of the answers here guys - Thanks to everyone who has been helping out and participating above! ;D

hello,
i dont understand one part of the reasons against a charter of right being; it is costly and difficult to implement and change?
why is that so? difficult i guess because it would be lengthy process buy why costly?

thanks

I interpret it as being one of two things - If it is a legislative charter, it chews parliament time to change it. Guessing how high their pay is, paying 150 MP's to discuss it for 2 hours could cost equivalent to thousands and thousands. Plus implementation costs, publication, education of the change to relevant sectors - Time and money ;D then if it is constitutional charter it is worse because you'd need a referendum - Those are wicked expensive :P

I wouldn't confine myself to absolutes. It is neither effective nor ineffective but rather mildly effective. From there, find evidence that is suggestive of both advantages and disadvantages. Hope that helps.

THIS was my Legal Studies mantra ;)

also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!

Can confirm - Much use, many wow ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 26, 2017, 11:14:52 am
Hey! just to clarify, what do you mean by 'notes' on the themes and challenges? Because I don't have "notes" dedicated to the themes and challenges per say, but i've written some essay ideas/plans/scaffolds for them is if that's what you mean (which I personally find useful as you can often get essay questions around themes & challenges). For instance, for "the role of discretion in the criminal justice system", you could basically talk about anything under the criminal investigation process syllabus point, charge negotiation, mandatory sentencing, etc. Ofc you need to know about them before you can write about them, but they should be covered in your 'regular'/main notes or whatever anyways :)
I know it's a little vague, so if anyone has any other input... !!
also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!

Hello!
yeah i did mean plans and scaffolds (should have been clearer) but thank you for the link it was reallly, like REALLY useful!
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 26, 2017, 11:17:35 am
Really loving some of the answers here guys - Thanks to everyone who has been helping out and participating above! ;D

I interpret it as being one of two things - If it is a legislative charter, it chews parliament time to change it. Guessing how high their pay is, paying 150 MP's to discuss it for 2 hours could cost equivalent to thousands and thousands. Plus implementation costs, publication, education of the change to relevant sectors - Time and money ;D then if it is constitutional charter it is worse because you'd need a referendum - Those are wicked expensive :P

THIS was my Legal Studies mantra ;)

Can confirm - Much use, many wow ;D

Concerned with the legal jargon and stuff. I may be wrong though. Other costs could include delays in proceedings due to objections and stuff, which could entail re-accommodation and stuff.

thank you to @jamonwindeyer and @TheFreeMarketeer in helping me clear my doubts for that question especially. Really appriciated :))
Title: Re: Legal Studies Question Thread
Post by: forevertired on March 26, 2017, 11:37:00 am
Helloo :)  If there was a question about assessing the effectiveness of the criminal trial process as a means of achieving justice - bascially we could talk about anything under the 'criminal trial process' syllabus point, but I'm not quite sure how you would set out your paragraphs? for instance could you have one on juries, charge negotiation, complete defences, and partial defences, or would you only pick ONE complete defence and one partial defence to talk about instead of a few since there are so many?

similarly with a question regarding the effectiveness of the criminal investigation process, could you do one on use of tech (DNA), arrests, detention, police powers (tasers) and search and seizure? or would search and seizure be broken down to different paragraphs such as one on search and seizures without a warrant, sniffer dogs, metadata?

and just a few other things;
does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?
similarly a question on the CJS - can we draw from anything under the crim. trial process, sentencing and punishment, and YO syllabus points?

Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 26, 2017, 12:15:42 pm
Helloo :)  If there was a question about assessing the effectiveness of the criminal trial process as a means of achieving justice - bascially we could talk about anything under the 'criminal trial process' syllabus point, but I'm not quite sure how you would set out your paragraphs? for instance could you have one on juries, charge negotiation, complete defences, and partial defences, or would you only pick ONE complete defence and one partial defence to talk about instead of a few since there are so many?

similarly with a question regarding the effectiveness of the criminal investigation process, could you do one on use of tech (DNA), arrests, detention, police powers (tasers) and search and seizure? or would search and seizure be broken down to different paragraphs such as one on search and seizures without a warrant, sniffer dogs, metadata?

and just a few other things;
does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?
similarly a question on the CJS - can we draw from anything under the crim. trial process, sentencing and punishment, and YO syllabus points?

I've had a similar question to this. My teacher advised me to pick a few and flesh them out, as opposed to addressing a multitude in not enough details.

I'd address the efficacy of search and seizure as one large category because I feel if you were to hone in on any one area, the effectiveness/ineffectiveness of the process as a whole would not be made explicitly apparent.

'does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?' I think so. The adversarial system, unlike the inquisitorial system, places great emphasis on impartiality. That could be a significant advantage of such a system, due to impartiality being integral to the enforcement of the law. If you were to take this route, I would suggest honing in on something related to this under the criminal trial process.

For your last query, I'm not 100% sure. I'd talk about sentencing and punishment and the rehabilitative means in place for young offenders, but as I said, don't take my word for it.

Hope I helped.
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on March 26, 2017, 04:03:11 pm
Hi,


I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
 'the effectivness of legal and non-legal measures in achieving justice'  --> what is this referring to ?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 26, 2017, 04:09:51 pm
Hi,


I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
 'the effectivness of legal and non-legal measures in achieving justice'  --> what is this referring to ?

Hey! Check out this article - It explains all the themes and challenges ;D
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 26, 2017, 04:46:19 pm
Hi,


I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
 'the effectivness of legal and non-legal measures in achieving justice'  --> what is this referring to ?

It's referring to both legislative and non-legislative means in achieving justice. How can we measure whether justice has been achieved? Stuff like resource efficiency, accessibility, enforceability. Look at past cases, statute laws, media articles, NGO initiatives to make this judgement.
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 26, 2017, 09:12:24 pm
hello
can a victim impact statement make a sentence more harsher or severe. if so does it mean VIS serves as an aggravating factor and then impact the offender achieving justice?
thank you
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 26, 2017, 09:43:22 pm
hello
can a victim impact statement make a sentence more harsher or severe. if so does it mean VIS serves as an aggravating factor and then impact the offender achieving justice?
thank you

Hey! VIS allow formal consideration of the impact the crime has had on the victim and their friends/family. Choosing to include a VIS in sentencing considerations is a matter of judicial discretion, and CAN lead to harsher sentences for the offender. But it isn't a direct factor of the crime that makes it more severe, so it isn't an aggravating factor

Edit: Just to clarify, in case reading my response and Caitlin's below raises an eyebrow, VIS aren't an aggravating factor themselves, but they can serve to allow formal recognition of things that would be (significant impacts on the victim, vulnerability of the victim, etc) ;D
Title: Re: Legal Studies Question Thread
Post by: CaitlinSavins on March 26, 2017, 09:44:39 pm
hello
can a victim impact statement make a sentence more harsher or severe. if so does it mean VIS serves as an aggravating factor and then impact the offender achieving justice?
thank you

Not a mod, but I think I can help here.
Victim impact statements, when taken into consideration by the judge/magistrate, generally make the sentence harsher/more severe.
Aggravating factors include factors like substantial harm, loss or emotional damage to the victim, so yes, VIS may serve as an aggravating factor if causation can be proven, so the judge would have to accept that the actions of the offender DIRECTLY led to the victim being severely affected.
When it comes to balancing the rights of offenders, victims and society, that's where it gets tricky. Judges often consider VIS to be impartial, subjective and unreliable, because the victim generally wants the offender to receive a harsher sentence. So yes, if a judge is impartial to the victim this impacts on the ability of the offender to achieve justice.

Hope this helps  :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 26, 2017, 09:49:08 pm
Hey! VIS allow formal consideration of the impact the crime has had on the victim and their friends/family. Choosing to include a VIS in sentencing considerations is a matter of judicial discretion, and CAN lead to harsher sentences for the offender. But it isn't a direct factor of the crime that makes it more severe, so it isn't an aggravating factor

Not a mod, but I think I can help here.
Victim impact statements, when taken into consideration by the judge/magistrate, generally make the sentence harsher/more severe.
Aggravating factors include factors like substantial harm, loss or emotional damage to the victim, so yes, VIS may serve as an aggravating factor if causation can be proven, so the judge would have to accept that the actions of the offender DIRECTLY led to the victim being severely affected.
When it comes to balancing the rights of offenders, victims and society, that's where it gets tricky. Judges often consider VIS to be impartial, subjective and unreliable, because the victim generally wants the offender to receive a harsher sentence. So yes, if a judge is impartial to the victim this impacts on the ability of the offender to achieve justice.

Hope this helps  :)

LEGENDS! thank you
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on March 26, 2017, 10:41:37 pm
Hey guys! I've got a question that asks to list out and explain fundamental properties of human rights. Does this mean civil+political rights, economic+social and community rights?  ::) Thanks!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 26, 2017, 11:13:55 pm
Hey guys! I've got a question that asks to list out and explain fundamental properties of human rights. Does this mean civil+political rights, economic+social and community rights?  ::) Thanks!

Hey! I'd interpret that as meaning some of this stuff ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 27, 2017, 09:27:38 am
Hi
A REALLY urgent question: but which rights does the Australian Constitution guarantee  :P
thanks so much :)))
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 27, 2017, 11:40:33 am

Hi
A REALLY urgent question: but which rights does the Australian Constitution guarantee  :P
thanks so much :)))

Section 116: Freedom of Religion
Section 80: Trial by jury (this is quite limited in scope)

It has also been interpreted to guarantee freedom of political communication
Title: Re: 90 in Legal Studies: Ask me anything!
Post by: Neilab on March 27, 2017, 02:25:40 pm

Woah I actually found this so helpful!! Love going through these threads when I need help tbh!!

Hi Jemimared! I'll field this one for Elyse if you like. This is a huge question (more specifically, an essay question!) and I won't be writing an entire essay on it for you here. What I'll do instead is give you a quick breakdown of what sort of things can be discussed.

This question focuses on the "Problems in Family Relationships" part of the syllabus. This encompasses:
  • Divorce, and the associated proceedings involving Children and Property
  • Domestic Violence

and the role of the Courts, Dispute Resolution, NGO's, and the Media, in these matters. Already we can see that this is a huge topic area, though the "cooperation" aspect of the question rules out Domestic Violence for the most part. We want aspects of the legal system that encourage cooperation between the involved parties, so there is a few things we can include.

A big thing to discuss would be the divorce process, which definitely encourages cooperation. Divorce cannot be obtained without proof that the relationship is damaged beyond repair, and in newer marriages, it is compulsory to try counselling. There is also the idea of no fault divorce, that no one is to blame for relationship breakdown. All of this stuff is contained in the Family Law Act 1975.

You can talk about matters relating to Children, how parents are encouraged to create their own custody plans. That both parents remain responsible for the upbringing of the child (that's in the FL (Shared Responsibility) Amendment Act of 2006). This and lots more to discuss here.

Dispute resolution definitely deserves a mention, especially since the most recent amendment to the Family Law Act in 2011, which expanded the process to more effectively deal with Domestic Violence. Mediation, since this amendment, has now been proven extremely effective in repairing relationships (or at least making the divorce process more beneficial to both parties). Besides this, discuss parenting orders, primary dispute resolution methods, and Child Support Reforms.

Hope this breakdown does a little to answer your question! There is literally pages worth of discussion to be had here, but hopefully this summary sets you in the right direction. Was there anything in here you needed a little more detail on? If you narrow the question either Elyse or myself can go into it a little more  ;D
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 27, 2017, 07:00:57 pm
How would one go about answering this question? What criteria would you base it on? What arguments would you make?

Assess the use of defences to criminal charges in achieving justice topics: (complete defences to criminal charges), and (partial defences to murder).

Thanks guys.
Title: Re: Legal Studies Question Thread
Post by: rodero on March 28, 2017, 12:17:07 am
How would one go about answering this question? What criteria would you base it on? What arguments would you make?

Assess the use of defences to criminal charges in achieving justice topics: (complete defences to criminal charges), and (partial defences to murder).

Thanks guys.

Hey,
I think provocation as a partial defence would be a good piece to talk about in one of your paragraphs  :) You can say how the use of a complete/partial defence allows for justice to be served for the offender, but at the expense of the victim/society. You can see this in the case of R v Singh and R v Loveridge where the provocation defence was used and resulted in a lesser sentence and caused much outrage within society.

Some extra pieces of evidence for the above cases:
Loveridge: The DPP stated that the sentence was 'manifestly inadequete'
Singh: Insights provocation episode Phil Cleary states 'If provocation allows for the killing of a woman for an alleged affair, then women are dead women walking'. (Singh murdered his wife after a heated argument with threats of deportation and claims of affairs).
Provocation has much more cases that you could use; You could look into the gay panic defence and the NSW Law Reform Commision's push to amend the defence to 'Gross Provocation'.

Off the top of my head, consent is a great one as it is something that is difficult to prove and therefore fails to uphold the rights of the victim. You could definitely link this with sexual assault cases; Unfortunately, I have none to offer  :'(

There's also the crossover between Mental Illness/Insanity with the partial defence of substantial impairment of responsibility by abnormality of mind. Offenders are usually persuaded to use the partial defence as it is seen as much easier to prove. However, this may leave offenders who are ACTUALLY mentally ill/insane to be tried for manslaughter... leading to injustice.

I kinda rambled on with this sorry  :P. This is just a result of me brainstorming a few ideas/concepts that I would personally use when attacking a question like that. I hope this can give you some inspiration as well as other people reading the thread! :)
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on March 28, 2017, 12:47:14 am
Hey,
I think provocation as a partial defence would be a good piece to talk about in one of your paragraphs  :) You can say how the use of a complete/partial defence allows for justice to be served for the offender, but at the expense of the victim/society. You can see this in the case of R v Singh and R v Loveridge where the provocation defence was used and resulted in a lesser sentence and caused much outrage within society.

Some extra pieces of evidence for the above cases:
Loveridge: The DPP stated that the sentence was 'manifestly inadequete'
Singh: Insights provocation episode Phil Cleary states 'If provocation allows for the killing of a woman for an alleged affair, then women are dead women walking'. (Singh murdered his wife after a heated argument with threats of deportation and claims of affairs).
Provocation has much more cases that you could use; You could look into the gay panic defence and the NSW Law Reform Commision's push to amend the defence to 'Gross Provocation'.

Off the top of my head, consent is a great one as it is something that is difficult to prove and therefore fails to uphold the rights of the victim. You could definitely link this with sexual assault cases; Unfortunately, I have none to offer  :'(

There's also the crossover between Mental Illness/Insanity with the partial defence of substantial impairment of responsibility by abnormality of mind. Offenders are usually persuaded to use the partial defence as it is seen as much easier to prove. However, this may leave offenders who are ACTUALLY mentally ill/insane to be tried for manslaughter... leading to injustice.

I kinda rambled on with this sorry  :P. This is just a result of me brainstorming a few ideas/concepts that I would personally use when attacking a question like that. I hope this can give you some inspiration as well as other people reading the thread! :)

It helped a lot. Thanks!
Title: Re: Legal Studies Question Thread
Post by: tklel on March 28, 2017, 04:08:05 pm
Hey, quick question.

My legal half yearly is in a few days and I'm speculating a question along the lines of "Evaluate the effectiveness of the legal system in balancing the rights of victims, offenders and society." (I am quite sure we will not be asked a question regarding YOs/international crime.)

Let's say I received this exact question, without it specifying any particular section of the syllabus.

Would I be better off covering the criminal investigation process, the criminal trial process and sentencing/punishment, or would I be better off selecting one of the three topics and basing my entire essay on that specific dotpoint?

I've written essays and plans on each individual dotpoint, so I think I'd be alright either way, but how would the marker like to see it?
Title: Re: Legal Studies Question Thread
Post by: bowiemily on March 28, 2017, 04:29:27 pm
Hey, quick question.

My legal half yearly is in a few days and I'm speculating a question along the lines of "Evaluate the effectiveness of the legal system in balancing the rights of victims, offenders and society." (I am quite sure we will not be asked a question regarding YOs/international crime.)

Let's say I received this exact question, without it specifying any particular section of the syllabus.

Would I be better off covering the criminal investigation process, the criminal trial process and sentencing/punishment, or would I be better off selecting one of the three topics and basing my entire essay on that specific dotpoint?

I've written essays and plans on each individual dotpoint, so I think I'd be alright either way, but how would the marker like to see it?

In my opinion, I think you would be best in picking a prominent case from each section, and then having each paragraph focussed upon the flaws/strengths it highlights in that area of criminal law. That way, you are proving the breadth and depth of your knowledge to your marker, and because the question asks for the 'legal system', it is expected that you would consider its various parts rather than singling in on one.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 28, 2017, 06:15:45 pm
Definitely agree with Emily, since it asks for the Legal System, addressing a variety of areas is almost definitely going to make it easier for you to access the high range ;D that said, you definitely don't have to cover everything. It just means like, don't only cover defences to murder - It will be next to impossible to get the same power in your analysis of that small subset of the content, versus someone who carefully chooses a few aspects of the Legal to represent their arguments ;D
Title: Re: Legal Studies Question Thread
Post by: mylinh-nguyen on March 28, 2017, 10:58:24 pm
there's this question in a practice paper 'define universal education' why would it be worth 2 marks and what else would you include other than the definition
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on March 28, 2017, 11:36:04 pm
there's this question in a practice paper 'define universal education' why would it be worth 2 marks and what else would you include other than the definition

My answer would be similar to (wow it's been a while since, here goes...):

Universal education is the fundamental right to a basic level of education (primary level) for all individuals. Recognition and implementation of this right has been a continuing process since the Industrial Revolution, but remains a significant issue in developing nations.

So one mark for saying what it is, and another for giving a bit of deeper detail - For 2 marks they expect a bit of description, you do have to play to the mark count as well as the verb sometimes (HSC exams are much less ambiguous for things like this) :)
Title: Re: Legal Studies Question Thread
Post by: mylinh-nguyen on March 29, 2017, 12:36:30 am
My answer would be similar to (wow it's been a while since, here goes...):

Universal education is the fundamental right to a basic level of education (primary level) for all individuals. Recognition and implementation of this right has been a continuing process since the Industrial Revolution, but remains a significant issue in developing nations.

So one mark for saying what it is, and another for giving a bit of deeper detail - For 2 marks they expect a bit of description, you do have to play to the mark count as well as the verb sometimes (HSC exams are much less ambiguous for things like this) :)

this definitely helped heaps thanks again!
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on March 30, 2017, 04:48:55 pm
What does it mean by The operation of the Legal System in Australia (prelim)? Also what is the Gutnick v Dow Jones and Co. Inc. (2001) case?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on March 30, 2017, 05:26:57 pm
Halloo

So i bought your Legal studies atarnotes and they are aamaaaazeballs. I was wondering if you had any notes for the optional topics Family and World Order by anychance that your selling or you have that you recommend?
thank you :))
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 30, 2017, 08:49:39 pm
What does it mean by The operation of the Legal System in Australia (prelim)? Also what is the Gutnick v Dow Jones and Co. Inc. (2001) case?

Hey Aaron, I had to search this case because I don't remember it myself. I use this site here as my first point of call for cases! I've linked you to the case.
This is from the introduction:

The wrong (or tort) of lowering an individual in the estimation of others, causing him/her to be shunned or avoided, or exposing him/her to hatred, contempt or ridicule,[1] through publishing demeaning statements or other matter,[2] is referred to in English common law as defamation. Inherited from that law, Australian defamation law is controlled largely by the States and Territories.[3] Although it is not uniform across the country, there is a common thread: its strict liability rules provide strong protection to reputations.

Such protection clashes with the principle of free speech. However, in Australia, the right to express one’s views openly is perceived not as an end in itself, but as a necessary element of democracy.[4] Notwithstanding the merits of that right, the law recognises that laissez-faire can be harmful. Based on such beliefs, Australian defamation law places considerable restraints on the media.[5] Conversely, there are also countries where freedom of speech is deemed more valuable than personal reputations. For instance, in the United States (US) the right to free speech is – famously – guaranteed in the Constitution.[6]

This presents serious problems in the era of rapidly developing information technology (IT) which allows written material to be disseminated almost instantly in many different countries, each with its own defamation laws. Consequently, Collins argues that “the way in which the Internet[7] works, and is used, [raises] very substantial questions for the operation of the rules of civil defamation law”.[8]


As for the operation of the legal system, you need to understand the hierarchy of state and federal courts, the adversary system, the people who work in law (solicitors, legal aid, magistrates...), court proceedings in both civil and criminal cases (heads up: make sure you're really on top of the criminal cases, because that's in the HSC course but civil isn't), observations in the local court, enforcement agencies (basically police, but also other bodies like the ATO), Legal Aid (also important for HSC), alternatives to the court proceedings and also alternative dispute resolution.

Jamon state ranked in Legal in the HSC and posted his preliminary notes here for you to download for free :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on March 30, 2017, 08:53:55 pm
Halloo

So i bought your Legal studies atarnotes and they are aamaaaazeballs. I was wondering if you had any notes for the optional topics Family and World Order by anychance that your selling or you have that you recommend?
thank you :))

I'm so glad to hear you like the notes! Hopefully they continue to serve you well :)

I don't have notes online that I produced, but there are some from other students (including Jamon - who state ranked). Have a look here at some of the notes people have uploaded. But, I do try to keep two forums updating on recent events in family and world order, filling it with media articles that might help students. The Family Law one is here and the world order one is here.

Feel free to post any questions you have as they pop up! Hopefully these help :)
Title: Re: Legal Studies Question Thread
Post by: ash_mcalpine on April 01, 2017, 04:16:50 pm
Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!

The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?
Title: Re: Legal Studies Question Thread
Post by: chelseam on April 01, 2017, 07:49:26 pm
Hi! What kind of international instruments or documents could be used as evidence for family law, other than CROC and the ‘best interests of the child’? I’m struggling to come up with ones that would help develop arguments for ‘Evaluate the effectiveness of legal and non-legal responses in achieving just outcomes for family members’ from the themes and challenges. Thank you so much :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 02, 2017, 01:01:02 am
Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!

The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?

Hey Ash! I'd start by doing some dot points as to what about the Bail Act protects victims, what protects offenders, and what protects society. You might find there isn't much protecting the rights of offenders - That's okay! And indeed it would be a strong basis for an argument. Each set of dot points would form a paragraph ;D

You may want to find some cases to use as examples to analyse. Go recent - There are always heaps of cases where bail is a contentious issue. Google "Bail News" or do similar searches in the Austlii Database and see what you find ;D

To look at some of the actual impacts of the change, and perhaps start thinking about things to discuss, check out this report, chock full of useful stats ;D
Title: Re: Legal Studies Question Thread
Post by: rodero on April 03, 2017, 07:17:58 am
Hi, I've recently received an essay question about the Bail Act 2013 and i'm having a little trouble with starting off, any help would be appreciated Thanks!

The Bail Act 2013 (NSW) has been the subject of much debate and significant law reform since it came into force in January 2014.
To what extent have changes to the Bail Act balanced the rights of Victims, offenders and society?

Hey,
Just in case you're having trouble finding evidence, i'll throw some of my own here  :)

In 2014, Steve Fesus was granted bail despite being charged for murder. Anti-violence campaigner Ken Marslew stated that this was a "slap in the face" to murder victims and their families. Clearly, the rights of victims and society are not being upheld here.

In 2014, Mahmoud Hawi was granted bail despite accusations of a public murder in an airport. The mother of the victim stated "I feel sick and I feel scared". Again, you can see that since the bail laws came into effect in 2014, the rights of victims and society have definitely been prohibited.

Another high-profile case is the Lindt Cafe Siege 2015; The gunman, Man Haron Monis, commit the attack while he himself was on bail. He was charged for 43 counts of sexual assault AND was believed to be an accessory to the murder of his ex-wife. You can clearly see here that the bail act is too lenient for offenders of an indictable offence, and pose a detriment to the rights of society.

This is the evidence that I myself used in my response to a crime question. It was a question that tackled the entire syllabus, but I focused on bail as a key source of conflict. When I had my feedback, my teacher made a comment that there aren't THAT many cases listed above, so you could definitely argue that bail upholds the rights of the offender to some extent. Bail allows for their right to 'innocent until proven guilty' to be upheld, so being held in remand takes this right away.

Anyway, I hope this helps you  :)

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 03, 2017, 04:59:54 pm
Hi! What kind of international instruments or documents could be used as evidence for family law, other than CROC and the ‘best interests of the child’? I’m struggling to come up with ones that would help develop arguments for ‘Evaluate the effectiveness of legal and non-legal responses in achieving just outcomes for family members’ from the themes and challenges. Thank you so much :D

Hey Chelseam :)
I found this document on reproductive rights that might be useful for surrogacy, amongst other areas.
Article 10 of the ICESCR may also prove helpful. :)
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on April 03, 2017, 06:19:24 pm
What are the three bodies that promote and enforce human rights?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 03, 2017, 06:28:43 pm
What are the three bodies that promote and enforce human rights?

Hey TheFreeMarketeer! I don't mean to sound naive, but I can't work out where you got the "three" from. I would say there are a few. The Constitution, the AHRC, Legislation, Media, NGOs... Has your teacher stated there are a specific three? :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on April 03, 2017, 07:19:22 pm
Thanks heaps Elyse! :D
Hey Chelseam :)
I found this document on reproductive rights that might be useful for surrogacy, amongst other areas.
Article 10 of the ICESCR may also prove helpful. :)
Title: Re: Legal Studies Question Thread
Post by: rodero on April 03, 2017, 07:24:13 pm
What are the three bodies that promote and enforce human rights?

Hey, I think there's a slight possibility that you saw one of the hsc or trial questions (I can't remember) that asked for three bodies. However, don't limit yourself to just three as there are actually quite a few! You can find them in the Human Rights section of the syllabus under the heading 'Promoting and enforcing human rights'. The bodies you're looking for are under 'The roles of..' which you can find here on page 20  :)
Unless, like elyse said, your teacher states there is a specific three. Then maybe your teacher is taking a different approach!
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on April 07, 2017, 08:43:55 pm
hello, could you explain me the difference between soft and hard international law? i mean dont both need to be ratified to be enforced? thank you :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 07, 2017, 09:05:27 pm

hello, could you explain me the difference between soft and hard international law? i mean dont both need to be ratified to be enforced? thank you :)

Hey! So really, most international law is soft law. Because of state sovereignty, no international law is completely binding on a nation state. They follow it if they want to!

Some international legal frameworks are more binding than others, just due to the consequences in the international community if they are violated, but at the core - All international law is soft.

If you do want to use the terms, usually, we consider treaties to be hard law, and agreements/declarations to be soft law, but again, it totally depends on the enforceability of the specific treaty. Realistically, they are identical
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on April 08, 2017, 02:30:38 pm
Hey! So really, most international law is soft law. Because of state sovereignty, no international law is completely binding on a nation state. They follow it if they want to!

Some international legal frameworks are more binding than others, just due to the consequences in the international community if they are violated, but at the core - All international law is soft.

If you do want to use the terms, usually, we consider treaties to be hard law, and agreements/declarations to be soft law, but again, it totally depends on the enforceability of the specific treaty. Realistically, they are identical


aaah so how would the international community enforce hard laws? what makes them follow the treaties?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 08, 2017, 03:39:24 pm

aaah so how would the international community enforce hard laws? what makes them follow the treaties?

You've got a few things there! IGO's like NATO, as well as the UN Security Council, can apply sanctions and trade embargoes to encourage cooperation. Essentially, it is peer pressure - When everyone else in the world is doing something, it is in your interests to do it too.

As a good contemporary media case, USA is about to impose their own sanctions against Syria. US is unique in that they are so large and powerful, they don't even need to cooperate to excerpt pressure. These are economic sanctions specifically, as most sanctions will be (money speaks volumes ;))
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on April 08, 2017, 03:58:59 pm
Hey! So really, most international law is soft law. Because of state sovereignty, no international law is completely binding on a nation state. They follow it if they want to!

Some international legal frameworks are more binding than others, just due to the consequences in the international community if they are violated, but at the core - All international law is soft.

If you do want to use the terms, usually, we consider treaties to be hard law, and agreements/declarations to be soft law, but again, it totally depends on the enforceability of the specific treaty. Realistically, they are identical

This is very wrong. You are conflating issues of enforceability with legal obligations. Just because the international system lacks a centralised, enforcement mechanism does not mean that legal obligations do not exist. So too, obligations do not evaporate simply because of a lack of effective enforcement ensuring their compliance. Similarly, it is wrong to say that some are more legally binding than others - they are either binding or they are not. Treaties that have been consented to and ratified by individual States are binding on those states - this is not an aberration from the principle of state sovereignty, but an affirmation of that principle. Another accepted source of international law is that of customary international law [CIL], which again may create rights and obligations for states. These are not 'soft law', in whatever sense you may understand the concept to be.

It is also wrong to broadly assert that agreements and declarations are soft law. Treaties between say, two states are bilateral agreements and would bind the respective states. Declarations from the UN General Assembly are broadly speaking non-binding although they may turn binding through becoming  a part of CIL over time. Also, as the Nuclear Tests Case between Australia and France suggested, unilateral declarations by a state may have the effect of creating legal duties - there, France conducted nuclear tests in the South Pacific Ocean despite its authorities having had in the past declared that they would refrain from undertaking nuclear tests.

Now, generally speaking, the concept of soft law deals with those normative instruments which are not legally-binding. There can come from resolutions, recommendations or even specific organisaitons within the international framework. Again, they may develop into CIL and become legally binding given appropriate time and conditions.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 08, 2017, 04:58:51 pm
This is very wrong. You are conflating issues of enforceability with legal obligations. Just because the international system lacks a centralised, enforcement mechanism does not mean that legal obligations do not exist. Similarly, it is wrong to say that some are more legally binding than others - they are either binding or they are not. Treaties that have been consented to and ratified by individual States are binding on those states - this is not an aberration from the principle of state sovereignty, but an affirmation of that principle. Another accepted source of international law is that of customary international law [CIL], which again may create rights and obligations for states. These are not 'soft law', in whatever sense you may understand the concept to be.

It is also wrong to broadly assert that agreements and declarations are soft law. Treaties between say, two states are bilateral agreements and would bind the respective states. Declarations from the UN General Assembly are broadly speaking non-binding although they may turn binding through becoming  a part of CIL over time. Also, as the Nuclear Tests Case between Australia and France suggested, unilateral declarations by a state may have the effect of creating legal duties - there, France conducted nuclear tests in the South Pacific Ocean despite its authorities having had in the past declared that they would refrain from undertaking nuclear tests.

Now, generally speaking, the concept of soft law deals with those normative instruments which are not legally-binding. There can come from resolutions, recommendations or even specific organisaitons within the international framework. Again, they may develop into CIL and become legally binding given appropriate time and conditions.

I appreciate your input! But what I've said isn't "very wrong" - Perhaps we have different understandings of the terminology, or perhaps it is applied in different (perhaps even slightly simplified) ways in the HSC Legal Studies course :)

Of course legal obligations do exist - Never did I say that they don't. I said that "no international law is completely binding on a nation state." This is true however you look at it. The principle of state sovereignty allows a nation state to sign and ratify a treaty, yes, but the nation state can also withdraw.

Never intended to imply that all agreements/declarations are soft law, apologies if it came across that way :) I did mean to say that some international legal frameworks are more binding than others, or perhaps the better word there would be enforceable - Because as you say, you can't really enforce customary law directly until you have it reflected in a treaty or other document, at least to my understanding :)

It really does seem like we're saying essentially the same thing - Perhaps I could have chosen better words, or perhaps the way I understand them from the course I took is different to your understanding. Regardless, thanks for your input :)

Edit: I mean just to add, you are doing Law, I'm not, I'm happy to take your technicalities as correct over mine. But like, in HSC Legal Studies, a bit much to say that I'm completely wrong I think :)
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on April 08, 2017, 07:05:54 pm
Of course legal obligations do exist - Never did I say that they don't. I said that "no international law is completely binding on a nation state." This is true however you look at it. The principle of state sovereignty allows a nation state to sign and ratify a treaty, yes, but the nation state can also withdraw.

With respect, but a rule or principle is either binding or it is not - it is logically infirm to say otherwise. So too the fact that a state may withdraw from a particular treaty entered into does not make it any less binding. The obligation to act in a particular way does not dissipate simply because there is an avenue for the removal of that obligation. Thus Parliament may amend or repeal laws but unless and until it does so, the existing laws bind it as much as they bind general society. Further in the context of treaty law, a withdrawal must conform with the legal terms of the treaty itself - this is also reflected in the Vienna Convention of Treaties. That is, a state seeking to withdraw from a treaty is bound by its withdrawal terms; and there are treaties which outright prevent withdrawal.The few legal exceptions to this is where consent is granted by the other state in bilateral treaties or where the principle of 'frustration' can be successfully argued.



Never intended to imply that all agreements/declarations are soft law, apologies if it came across that way :) I did mean to say that some international legal frameworks are more binding than others, or perhaps the better word there would be enforceable - Because as you say, you can't really enforce customary law directly until you have it reflected in a treaty or other document, at least to my understanding :)


You said 'international law at its core is soft'. Under a legal context, that is plainly wrong. So too this notion of more or less binding - either it binds, or it does not. And legal obligations and enforceability are two fundamentally different concepts - the former is about the duties owed by one to another;  the latter deals with the efficacy of ensuring the performance of those duties owed. The latter has no bearing whatsoever with the question of whether an international obligation exist. As to the part on customary international law, that is wrong and I didn't say that. I said CIL is 'another ... source of international law', and it operates by reference to two conditions - state practice and opinio juris. The content of a treaty may become CIL over time, but a norm does not have be reflected in a treaty in order to be CIL, which is why I introduced it as another source of international law. This was unequivocally affirmed by the court in the Nicaragua case - although US did not breach any treaties entered into they were nevertheless found to have breached the customary norm prohibiting the use of force. 

To close, I am afraid we are saying quite different things. If what you have been saying is an accurate reflection of the HSC legal studies course, then all I can say is that it is wrong and will be obviously wrong to any one with decent legal training. I am sorry this sounds harsh but there is no other way of putting it.There is a difference between simplifying content and teaching the wrong content and in this case HSC seems to be facilitating the latter.

Thanks for replying.


Title: Re: Legal Studies Question Thread
Post by: RuiAce on April 08, 2017, 07:08:16 pm
There is a difference between simplifying content and teaching the wrong content and in this case HSC seems to be facilitating the latter.
Remark: Almost everything in the HSC is wrong. For every subject.

Potentially exaggerated but that's seriously what it feels like.
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on April 08, 2017, 07:36:00 pm
In all honesty, I think it might just be more a legal studies problem. Legal studies in VCE is more holistic and political in that it teaches about legal institutions and areas of law broadly - their role and functions, strengths and weaknesses, and their interaction with individuals in society. There is very little on learning about the actual law and its application and I think that is entirely fine and appropriate for college students. No teacher without legal training should ever be teaching 'law' and what must be made clear to students is that legal studies does not prepare them for the study of black-letter law.

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 08, 2017, 08:18:25 pm
Remark: Almost everything in the HSC is wrong. For every subject.

Potentially exaggerated but that's seriously what it feels like.

This ;) Well maybe not wrong, but over simplified in ways, certainly...

In all honesty, I think it might just be more a legal studies problem. Legal studies in VCE is more holistic and political in that it teaches about legal institutions and areas of law broadly - their role and functions, strengths and weaknesses, and their interaction with individuals in society. There is very little on learning about the actual law and its application and I think that is entirely fine and appropriate for college students. No teacher without legal training should ever be teaching 'law' and what must be made clear to students is that legal studies does not prepare them for the study of black-letter law.

I think the purpose is probably to establish interest in the subject area!! I can only imagine (and see it in how hard my mates work) how technical and challenging a proper technical study of the applications of law would be. Throwing that at Year 11/12 students could potentially discourage individuals who would, given the chance to learn it properly at university, be incredible in the profession(s) :)

In the HSC at least, I don't think there is any conception that Legal Studies is any form of actual Legal training. It's a critical thinking course, you are given knowledge of legal mechanisms but it is for the purpose of evaluating their role in society. In this context I don't necessarily see issue with qualified teachers with strong knowledge in the area teaching it, be it proper Legal training or otherwise. It's all retaught properly at university anyway (Legal isn't a prereq so I'd assume it has to be), and Legal Studies students aren't going to be shoved into courtrooms any time soon :P

As a note to students reading the points, everything I've said is more or less how you will learn it in HSC Legal Studies. You don't need to understand or care about the intricate technicalities of international legal obligations vs enforceability, nor will you be picked apart in your analysis of it or your use of terminology. Legal isn't designed to give you that sort of knowledge - As above, it's a taster of the subject area and a chance to develop critical thinking skills :) that said, if you are heading into Law at university or otherwise take interest, definitely read ILOVEPHYSICS's posts above. It gives a more technical picture (and perhaps will give you some more points/evidence for discussion in your analysis).
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on April 12, 2017, 12:48:11 am
Hi :)
We were given an investigation to answer this question
Q Identify three different ways that power can be shifted from the states to the Federal Government
I was wondering what the best way would be to find answers to this question. I am not familiar with this topic so I'm not sure what the right answer would be
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on April 12, 2017, 01:41:00 am
This is essentially a division of powers question. Now, the Cth Constitution [Cx.] is the relevant document which States and Cth derive their constitutional powers. Some powers are exclusive to the exercise of the Commonwealth while other enumerated powers of the Cth. under s 51 - while not exclusive - take precedence over States law in the event - and to the extent - of inconsistency, s 109. Put shortly, the Cth is considerably more powerful.

The first obvious means by which this division of power can be change is through a referendum to amend the text of the Cth Constitution - s 128. You can read more about it under s 128 on the technicalities but it is essentially a power exercised by the people in the form of a vote and change can be effected only through a double majority.

The second means is through what is now commonly known as the 'co-operative federalism' approach. This can work in several ways. First, a state can through its own initiative grant the Cth its residual powers so that the latter may make laws on those matters referred to it, i.e. a referral of powers. This is permitted by the Constitution under s 51xxxvii. Second, the Cth can through its own initiative invoke its grants power under s 92 by inducing States with a financial package upon which rest particular terms and conditions - this allows them to influence the States on the exercise of its own residual powers if the latter chooses to accept the grant.

Third is the role of the HCA in interpreting the constitutional text during the resolution of conflicts. The general view is that the Cth powers have expanded over the years as a result of HCA interpretation - the reserved powers doctrine for States has been resoundingly rejected and interpretive techniques adopted by the HCA since then has tend to favor a liberal reading of the text thereby 'expanding' the Cth powers which are listed. A less popular, alternate view is that the HCA has not altered the balance of powers - rather, it was merely correcting the error or lack of foresight of previous judgments and declaring what the powers should have been all along. This is a process of discovering the  - correct - law, not changing the law.

Edit - I failed to read your question properly and have given you the answers but I think any websites or books discussing the federal relationships between states and Cth will be helpful.
Title: Re: Legal Studies Question Thread
Post by: CaitlinSavins on April 14, 2017, 06:37:53 pm
Hey! I'm making mind maps for all the themes and challenges outlined in the topics of study I'm doing.
What would be appropriate to include for the role of law reform in the CJS, and the effectiveness of legal and non-legal measures in achieving justice? This is for Crime btw.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 14, 2017, 09:57:11 pm
Hey! I'm making mind maps for all the themes and challenges outlined in the topics of study I'm doing.
What would be appropriate to include for the role of law reform in the CJS, and the effectiveness of legal and non-legal measures in achieving justice? This is for Crime btw.

Hey Caitlin! For law reform, I reckon the best way to do it is by examining specific cases which lead to law reforms. So have your case, and go through what law reform was initiated by that case (not all reform is in response too specific cases of course, but this is a great way to do it to give structure to your essays). R v Singh[ (2012) and R v Loveridge (2013) were the best two cases I used for this specific theme, there are lots of notes around on both, definitely worth a look if you don't have your own! ;D

For effectiveness/ineffectiveness, that is pretty much everything you learn. Like, any time you make a judgement in any way, you can link it to this theme/challenge. Personally, I never studied it specifically - Because it is just such a natural and intrinsic part of how you learn Legal. You do "good" and "bad" constantly. So you should do it however you think best! You might want to go case by case, and explore effective/ineffective application of the law. You might explore different laws in isolation. You could link it to balancing the rights of victims/offenders/society - There is literally an unlimited number of ways you can structure it for yourself ;D

Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on April 21, 2017, 06:07:13 pm
I need help in finding 3 articles for the sub heading Rights and Responsibilities for my media file thx.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 21, 2017, 06:38:48 pm
I need help in finding 3 articles for the sub heading Rights and Responsibilities for my media file thx.

Have you checked out our Media file? :) it's HSC related but I bet you could use some of them :)
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on April 22, 2017, 02:16:38 pm
So i have to purchase a scrapbook for my media file, and i'm not sure which one to buy. Some range between $4-7 while others are hovering at $15. Also should it be A2 and what specifications are needed.
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on April 22, 2017, 02:22:13 pm
how big should it be ^^
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 22, 2017, 05:48:48 pm
Whatever you think Aaron!! There's no specific criteria
Title: Re: Legal Studies Question Thread
Post by: sophiegmaher on April 23, 2017, 12:15:37 am
I was wondering how to organise notes regarding the themes and challenges..?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on April 23, 2017, 02:12:43 am
I was wondering how to organise notes regarding the themes and challenges..?

Your best bet is probably to have one A4 page per theme and challenge, detailing some laws, cases, media, treaties, stats (etc) you can use to argue points based on that theme/challenge! Ultimately though, it is up to you how to do it - Everyone does their study notes a little differently ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 25, 2017, 02:15:14 am
I was wondering how to organise notes regarding the themes and challenges..?

I'll also suggest approaching each theme and challenge as though it is an essay question itself, rather than just an argument to incorporate into other essays. It might be worth throwing up the theme and challenge and treating it as the essay question, then brainstorming it out! I did this on a white board before my HSC exam, and I found it really effective.
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on April 25, 2017, 05:45:51 pm
Hi I'm back
I asked for help with this particular question 'Identify three different ways that power can be shifted from the states to the Federal Government' before. I was provided with information that Referendums and Cooperative federalism are two different ways that power can be shifted from the states to the Federal Government. A third way was HCA but I'm not sure what HCA is exactly or what it is short for.

I was hoping to get some help with these questions please.
2. Identify three specific examples of how power has slowly shifted from the states to the Federal Government
3. Identify three powers that the States has retained, and powers that are not allowed to be controlled by the Federal Government
Title: Re: Legal Studies Question Thread
Post by: chelseam on April 25, 2017, 10:04:24 pm
A third way was HCA but I'm not sure what HCA is exactly or what it is short for.
Hey! Maybe it stands for the High Court?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 25, 2017, 10:57:54 pm
Hi I'm back
I asked for help with this particular question 'Identify three different ways that power can be shifted from the states to the Federal Government' before. I was provided with information that Referendums and Cooperative federalism are two different ways that power can be shifted from the states to the Federal Government. A third way was HCA but I'm not sure what HCA is exactly or what it is short for.

I was hoping to get some help with these questions please.
2. Identify three specific examples of how power has slowly shifted from the states to the Federal Government
3. Identify three powers that the States has retained, and powers that are not allowed to be controlled by the Federal Government

HCA is High Court of Australia :)

For question 2: I don't know this off the top of my head, I don't know much about the way the powers came to be divided, only that they are! But, I've taken this from online: (Source here) Sorry to not be able to definitively help you, this is the best I could find. I'd love if someone else could pipe in about this!

There was considerable comment during the Convention Debates as to what powers should be vested in the Commonwealth and what powers should remain with the States (an issue still debated to this day). In his speech on 13 March 1891, Sir Henry Parkes (NSW) said that the institutions of government in the separate colonies were as perfect as could be found anywhere in the world but that there were limits on what could be achieved individually:

There are a number of things which no one of the separate governments can by any possibility do, and those things are amongst the highest objects of government.(26)

Parkes suggested defence as one of those activities that could not efficiently be carried out by the separate colonies independently of one another. Similarly, on 16 March 1891, Mr Deakin (VIC) said:

The states will retain full powers over the greater part of the domain in which they at present enjoy those powers, and will retain them intact for all time. But in national issues, on the subject of defence, as people who desire to have their shores defended, and to see their resources developed by means of a customs tariff and a customs union - on these questions there are no longer state rights and state interests to be guarded in the constitution, but the people's interests are one, and they call upon us to deal with them as one.(27)

The legislative powers of the Commonwealth Parliament are, in the main, to be found in Part V, Chapter I of the Constitution. Section 51 of the Constitution lists the majority of those matters on which the Parliament may legislate, often referred to as the Commonwealth's heads of power. The Parliament may, for example, make laws on:

trade and commerce with other countries, and among the States [s 51(i)];
taxation [s 51(ii)];
defence [s 51(vi)];
corporations [s 51(xx)];
immigration [s 51(xxvii)]; and
external affairs [s 51(xxix)].


For question 3: The state government controls transport, education, housing, roads, railways, state police, and ambulant services. I'm not so sure about the wording "not allowed to control" in terms of the federal government, but I know these things are state controlled.

Here's a website made by The Parliament of Australia that might be helpful.
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on April 25, 2017, 11:47:24 pm
thank you so much for your help :D
HCA is High Court of Australia :)

For question 2: I don't know this off the top of my head, I don't know much about the way the powers came to be divided, only that they are! But, I've taken this from online: (Source here) Sorry to not be able to definitively help you, this is the best I could find. I'd love if someone else could pipe in about this!

There was considerable comment during the Convention Debates as to what powers should be vested in the Commonwealth and what powers should remain with the States (an issue still debated to this day). In his speech on 13 March 1891, Sir Henry Parkes (NSW) said that the institutions of government in the separate colonies were as perfect as could be found anywhere in the world but that there were limits on what could be achieved individually:

There are a number of things which no one of the separate governments can by any possibility do, and those things are amongst the highest objects of government.(26)

Parkes suggested defence as one of those activities that could not efficiently be carried out by the separate colonies independently of one another. Similarly, on 16 March 1891, Mr Deakin (VIC) said:

The states will retain full powers over the greater part of the domain in which they at present enjoy those powers, and will retain them intact for all time. But in national issues, on the subject of defence, as people who desire to have their shores defended, and to see their resources developed by means of a customs tariff and a customs union - on these questions there are no longer state rights and state interests to be guarded in the constitution, but the people's interests are one, and they call upon us to deal with them as one.(27)

The legislative powers of the Commonwealth Parliament are, in the main, to be found in Part V, Chapter I of the Constitution. Section 51 of the Constitution lists the majority of those matters on which the Parliament may legislate, often referred to as the Commonwealth's heads of power. The Parliament may, for example, make laws on:

trade and commerce with other countries, and among the States [s 51(i)];
taxation [s 51(ii)];
defence [s 51(vi)];
corporations [s 51(xx)];
immigration [s 51(xxvii)]; and
external affairs [s 51(xxix)].


For question 3: The state government controls transport, education, housing, roads, railways, state police, and ambulant services. I'm not so sure about the wording "not allowed to control" in terms of the federal government, but I know these things are state controlled.

Here's a website made by The Parliament of Australia that might be helpful.
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on April 26, 2017, 06:13:22 pm
in which two circumstances can a precedent be created?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 27, 2017, 04:46:44 am
in which two circumstances can a precedent be created?

I'm not so sure about this question, I can't answer definitively. A precedent is created after the magistrate/judge has looked to previous cases for guidance, but has not found one with facts similar enough to use a precedent previously set. The purpose of the doctrine of precedent is to promote the rule of law - legislation can only go so far in appreciating the facts of individual cases, so judge-made-law steps in to look at the intricacies of cases and treat similar cases similarly. Is this in your textbook? I'd love someone else to jump in if they can answer this definitively! I don't know a textbook answer, I'm just guessing based on logic. But if we are talking about when to use precedents:

The two conditions that need to be met in order to use a precedent:
1. The precedent must have been set in a higher court in the same legal system or hierarchy of courts as the court the present case is before.
2. The material facts must be the same.
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on April 27, 2017, 04:29:15 pm
in which two circumstances can a precedent be created?

Precedent is '[t]he making of law by a court in recognising and applying new rules while administering justice' - Black's Law Dictionary, 9th Edition.

Essentially, a judge would make law or create precedent where there is no relevant law governing the present facts or the interpretation of a statute. Another circumstance I can think off is where a judge decides to override. Here, a relevant precedent does exist for the present facts, but the superior judge thinks the precedent from the inferior court is bad law and thus decides to supersede it thereby creating a new one.

The two conditions that need to be met in order to use a precedent:
1. The precedent must have been set in a higher court in the same legal system or hierarchy of courts as the court the present case is before.
2. The material facts must be the same.

Just to be clear, using precedents is quite different to creating one. Also, a court can use or adopt any precedent it wishes - even those from a foreign jurisdiction or from an inferior court, subject to the doctrine of stare decisis - courts must follow any applicable precedents or decisions of superior domestic courts.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 28, 2017, 06:42:22 am
Precedent is '[t]he making of law by a court in recognising and applying new rules while administering justice' - Black's Law Dictionary, 9th Edition.

Essentially, a judge would make law or create precedent where there is no relevant law governing the present facts or the interpretation of a statute. Another circumstance I can think off is where a judge decides to override. Here, a relevant precedent does exist for the present facts, but the superior judge thinks the precedent from the inferior court is bad law and thus decides to supersede it thereby creating a new one.

Just to be clear, using precedents is quite different to creating one. Also, a court can use or adopt any precedent it wishes - even those from a foreign jurisdiction or from an inferior court, subject to the doctrine of stare decisis - courts must follow any applicable precedents or decisions of superior domestic courts.

Thanks for your input! Was hoping someone would pipe in here :)
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on April 28, 2017, 12:29:12 pm
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?
Title: Re: Legal Studies Question Thread
Post by: rodero on April 28, 2017, 07:25:28 pm

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".
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on April 29, 2017, 12:28:10 am
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!
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on April 29, 2017, 02:34:29 pm
Ok thank you so much!!  :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on April 30, 2017, 04:02:14 pm
Hi! Could someone please explain what judicial guidelines are? Thank you  :)
Title: Re: Legal Studies Question Thread
Post by: Wales on May 01, 2017, 03:46:36 pm
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
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 01, 2017, 09:38:56 pm
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
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 01, 2017, 09:51:35 pm
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
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 01, 2017, 09:55:05 pm
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! :)
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on May 01, 2017, 11:26:25 pm
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].


Title: Re: Legal Studies Question Thread
Post by: chelseam on May 01, 2017, 11:33:56 pm
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 :)
Title: Re: Legal Studies Question Thread
Post by: ash_mcalpine on May 02, 2017, 09:17:04 am
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!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 02, 2017, 09:36:09 am
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
Title: Re: Legal Studies Question Thread
Post by: Wales on May 02, 2017, 05:47:43 pm
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
Title: Re: Legal Studies Question Thread
Post by: Wales on May 02, 2017, 06:11:56 pm
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.
Title: Re: Legal Studies Question Thread
Post by: rodero on May 02, 2017, 06:54:23 pm
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.

Hey there,
Most essay questions are derived from the themes and challenges, which you can find at the beginning of each topic's syllabus. Based on what I've experienced as a legal studies student, questions in the options section generally involve a contemporary issue(s), which is then tagged with a theme/challenge.

If you take a look at the 2015 HSC Paper, the questions for Shelter seem to align with the themes and challenges, while also asking for a specific dot point from the syllabus. In this paper, it didn't ask for the contemporary issues but instead tested students knowledge from Section 2 of the syllabus, 'Legal protection and remedies associated with securing shelter'.

Overall, you want to be familiar with your themes and challenges and have some essay plans for each. As well as this, you should have specific cases which deal with all areas of the syllabus. When studying the options, I like to keep myself in the mindset that this will only be tested as a 25 mark essay.
With my limited amount of knowledge, I really do hope this helps. Let me know if you have more questions :)
Title: Re: Legal Studies Question Thread
Post by: Mary_a on May 03, 2017, 01:20:03 pm
Hey Guys,

I got my 1/2 yearly back for legal today. I'm aiming for a band 6, but by the looks of things I'm only at a band 5 level.
My first crime assessment was worth 10% and I got 83%
My 1/2 yearly was worth 20% and I got 80%

I am actually so disappointed because these are my lowest scores all year for the HSC and I need to get things up to scratch.

I would love some tips and opinions.

Thank you so much,

Mary x
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 03, 2017, 04:00:37 pm
Hey Guys,

I got my 1/2 yearly back for legal today. I'm aiming for a band 6, but by the looks of things I'm only at a band 5 level.
My first crime assessment was worth 10% and I got 83%
My 1/2 yearly was worth 20% and I got 80%

I am actually so disappointed because these are my lowest scores all year for the HSC and I need to get things up to scratch.

I would love some tips and opinions.

Thank you so much,

Mary x

Hey Mary! First of all, those are awesome results! Being at that standard this early is exceptional - Of course it might not meet your personal expectations, but do know that you are in a good spot! ;D you'll almost definitely improve and be at the 90's by the time the HSC rolls around :)

You need to figure out exactly where your marks went, and address those issues. Was it content? Was it arguments? Was it silly errors? Was it time management? The first step to improvement is laying out the steps to get you there, and that comes from giving yourself honest feedback and developing a plan of action :)

All the resources we have for Legal are collated in this thread - You should give these articles a read!

Be sure to let us know if we can help in any way :)
Title: Re: Legal Studies Question Thread
Post by: Mary_a on May 03, 2017, 06:00:23 pm
Hey Mary! First of all, those are awesome results! Being at that standard this early is exceptional - Of course it might not meet your personal expectations, but do know that you are in a good spot! ;D you'll almost definitely improve and be at the 90's by the time the HSC rolls around :)

You need to figure out exactly where your marks went, and address those issues. Was it content? Was it arguments? Was it silly errors? Was it time management? The first step to improvement is laying out the steps to get you there, and that comes from giving yourself honest feedback and developing a plan of action :)

All the resources we have for Legal are collated in this thread - You should give these articles a read!

Be sure to let us know if we can help in any way :)

Hi Jamon,

Thank you. I've been fairly stressed about my 1/2 yearly results. Most of it was stupid errors like marking the writing answer in the answer booklet, but putting the correct one in my exam booklet. It was stress and I think I freaked myself out. The next task is a hand in, about a contemporary human rights issue. I understand that there is marking for advanced and extension essays, but is there possibly marking for legal assessments? I hope so.

Thank you so much,

Mary
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 03, 2017, 06:47:53 pm
Hi Jamon,

Thank you. I've been fairly stressed about my 1/2 yearly results. Most of it was stupid errors like marking the writing answer in the answer booklet, but putting the correct one in my exam booklet. It was stress and I think I freaked myself out. The next task is a hand in, about a contemporary human rights issue. I understand that there is marking for advanced and extension essays, but is there possibly marking for legal assessments? I hope so.

Thank you so much,

Mary

Little things like that are easily fixed, and you will start to feel more relaxed in the exam room as you do more assessments and more practice papers! :)

Sure do, right here!
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on May 03, 2017, 06:54:51 pm
hello
 could you please help me in understanding how the consitution, common and statutue law protects human rights and which of these are most effective? sort of confuzzled in this area
thanks heaps! :))
Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on May 03, 2017, 11:02:35 pm
What exactly are you confused about? Expressing your questions or uncertainties in written form is also a helpful step forward to learning.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 04, 2017, 01:11:41 am
hello
 could you please help me in understanding how the consitution, common and statutue law protects human rights and which of these are most effective? sort of confuzzled in this area
thanks heaps! :))

Hey kiiaaa, let's break this down!

According to the HSC syllabus, this is essentially what you need to know:

The Constitution
You need to know the difference between the express rights and the implied rights in the Constitution. Part of the strength of the Constitution is that it is nation-wide, so these rights are protected on a national level to create uniformity across the country. The express rights are the ones that are clearly and explicitly stated in the Constitution. There are just a few of these, and they can only be changed via a referendum, so they're pretty strongly protected. These are the five express rights:

Right to "just terms" with the compulsory acquisition of property in section 51 (xxxi) (The movie, The Castle, deals with this :) )
Right to trial by jury in section 80
Right to free interstate trade and trade in section 92
Freedom of religion in section 116
Freedom from discrimination based on one's state of residence in section 117.


The implied rights are taken from the Constitution. Implied rights give the Constitution a sort of unusual flexibility. The High Court is the ability to make rights-based rulings that are consistent with changing social values, expectations, circumstances, as well as showing consistency with the content of the Constitution. The supposed implied right that sticks out the most to me was clarified in the case Lange v. Australian Broadcasting Commission (1997). This basically declared, the right to the freedom of speech is not unlimited in Australia, because one can be defamed. The ABC appealed that Freedom of Speech was an implied right, and the High Court ruled that although Freedom of Speech exists in Australia, it is not unlimited.

The protection of human rights in the Constitution is strong, given that the process of changing the protection of these rights is not easy: it requires a referendum. But, quality or quantity? Because there are very few rights actually contained in the Constitution.

Common Law
We inherited our common law system from the United Kingdom, which includes the Magna Carta (perhaps the first official human rights treaty). Sometimes common law is referred to as judge-made law. For example, the court must refuse to let a trial go ahead if it is deemed to not be a fair trial.

Common law can be reduced or expanded by legislation made in Parliament.

Statute Law
As for statute law, this is made in Parliament. Unlike the Constitution, this is not necessarily nation wide. It may be country-wide, though! Examples include: Racial Discrimination Act 1975 (Cwlth), the Sex Discrimination Act 1984 (Cwlth)(11) and the Disability Discrimination Act 1992 (Cwlth). Statute law has a weakness in dealing with human rights because legislation can be overturned by an act of Parliament without the requirement of a referendum. This can turn into a bit of a political game, because parties in power recognise their ability to change statute law. This was quite controversial during the Howard Government's time in relation to the Wik Decision. So, although the strength of the protection is weaker than it is in the Constitution, statue law provides protection for a greater variety of human rights.


Then it is to be considered, should Australia have a bill of rights? This is in the syllabus as well so you'll no doubt get to that soon!
-

As a separate thing, I think this article is worth a read. It addresses the culture of human rights in Australia. It's just an opinion piece, but might give you some insight!

This is also a link here to the AHRC, which breaks it down as well :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 04, 2017, 10:02:39 pm
Hi! I understand that a treaty is an international agreement between 2 (or more) nation states, but I'm confused about the difference between a treaty and a covenant. Could someone please clarify what a covenant is? Thank you :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 04, 2017, 10:13:45 pm
Hi! I understand that a treaty is an international agreement between 2 (or more) nation states, but I'm confused about the difference between a treaty and a covenant. Could someone please clarify what a covenant is? Thank you :D

Hey Chelsea! In terms of the HSC (and perhaps broadly, I've never read anything to suggest otherwise!) the two terms are synonymous. Meaning, they are the same! If there are differences, you don't need them in the HSC - As long as you refer to examples with the proper term, the actual difference is irrelevant Don't call it the Treaty on the Rights of the Child for example (TROC is a noticeably more humorous acronym than CROC for some reason, aha!) ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 04, 2017, 11:01:57 pm
Don't call it the Treaty on the Rights of the Child for example (TROC is a noticeably more humorous acronym than CROC for some reason, aha!) ;D
HAHAHAHA 😂😂 Thanks so much Jamon! :D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on May 05, 2017, 09:24:53 am
Hey kiiaaa, let's break this down!

According to the HSC syllabus, this is essentially what you need to know:

The Constitution
You need to know the difference between the express rights and the implied rights in the Constitution. Part of the strength of the Constitution is that it is nation-wide, so these rights are protected on a national level to create uniformity across the country. The express rights are the ones that are clearly and explicitly stated in the Constitution. There are just a few of these, and they can only be changed via a referendum, so they're pretty strongly protected. These are the five express rights:

Right to "just terms" with the compulsory acquisition of property in section 51 (xxxi) (The movie, The Castle, deals with this :) )
Right to trial by jury in section 80
Right to free interstate trade and trade in section 92
Freedom of religion in section 116
Freedom from discrimination based on one's state of residence in section 117.


The implied rights are taken from the Constitution. Implied rights give the Constitution a sort of unusual flexibility. The High Court is the ability to make rights-based rulings that are consistent with changing social values, expectations, circumstances, as well as showing consistency with the content of the Constitution. The supposed implied right that sticks out the most to me was clarified in the case Lange v. Australian Broadcasting Commission (1997). This basically declared, the right to the freedom of speech is not unlimited in Australia, because one can be defamed. The ABC appealed that Freedom of Speech was an implied right, and the High Court ruled that although Freedom of Speech exists in Australia, it is not unlimited.

The protection of human rights in the Constitution is strong, given that the process of changing the protection of these rights is not easy: it requires a referendum. But, quality or quantity? Because there are very few rights actually contained in the Constitution.

Common Law
We inherited our common law system from the United Kingdom, which includes the Magna Carta (perhaps the first official human rights treaty). Sometimes common law is referred to as judge-made law. For example, the court must refuse to let a trial go ahead if it is deemed to not be a fair trial.

Common law can be reduced or expanded by legislation made in Parliament.

Statute Law
As for statute law, this is made in Parliament. Unlike the Constitution, this is not necessarily nation wide. It may be country-wide, though! Examples include: Racial Discrimination Act 1975 (Cwlth), the Sex Discrimination Act 1984 (Cwlth)(11) and the Disability Discrimination Act 1992 (Cwlth). Statute law has a weakness in dealing with human rights because legislation can be overturned by an act of Parliament without the requirement of a referendum. This can turn into a bit of a political game, because parties in power recognise their ability to change statute law. This was quite controversial during the Howard Government's time in relation to the Wik Decision. So, although the strength of the protection is weaker than it is in the Constitution, statue law provides protection for a greater variety of human rights.


Then it is to be considered, should Australia have a bill of rights? This is in the syllabus as well so you'll no doubt get to that soon!
-

As a separate thing, I think this article is worth a read. It addresses the culture of human rights in Australia. It's just an opinion piece, but might give you some insight!

This is also a link here to the AHRC, which breaks it down as well :)
thank you so much elyse! your so helpful
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on May 05, 2017, 07:07:27 pm
Hi I was just wondering if I could get some tips on how develop my response. I tried to approach this question but I'm not how I could reflect a critical understanding and explore the question further. At this point I feel like I'm simply writing out information.  :-\

Discuss the following statement: ‘Since federation, the balance of power has slowly shifted from the states to a dominance of the federal government.’  Investigate this topic and prepare an in-class essay that reflects a CRITICAL understanding of the topic.

Title: Re: Legal Studies Question Thread
Post by: LOVEPHYSICS on May 05, 2017, 08:52:31 pm
You can break up the prompt and think of it in parts.

1. Has the balance of powers shifted? If so, what powers or areas specifically?
2. How has change been brought about, i.e. through what mechanisms or agents?
3. Why has the balance shifted? Or what are some reasons for the change?
4. Is the current state desirable? What are some possible dangers or disadvantages in shifting to a more centralised system?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on May 07, 2017, 07:37:50 pm
hello everyone

could someone please explain to me the Wei Tang case for human trafficking and slavery? the textbook i use confuses me for what happened for her conviction and retrail.

thank you so much

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 07, 2017, 07:50:36 pm
hello everyone

could someone please explain to me the Wei Tang case for human trafficking and slavery? the textbook i use confuses me for what happened for her conviction and retrail.

thank you so much



Hey Kiiaaa! It's pretty common for textbooks to present cases with appeals in a confusing way. There's a great summary here (that site is gold btw). I used this case too! After jogging my memory with that site, what happened was:

- Victorian County Court found her guilty for the charges relating to slavery
- She appealed to the Victorian Court of Appeal which ordered a retrial
- The DPP then appealed to the High Court, and the original guilty verdict was the final outcome

Hope this helps ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on May 07, 2017, 08:33:08 pm
Hey Kiiaaa! It's pretty common for textbooks to present cases with appeals in a confusing way. There's a great summary here (that site is gold btw). I used this case too! After jogging my memory with that site, what happened was:

- Victorian County Court found her guilty for the charges relating to slavery
- She appealed to the Victorian Court of Appeal which ordered a retrial
- The DPP then appealed to the High Court, and the original guilty verdict was the final outcome

Hope this helps ;D

OMG IS THAT WHAT ALL THE BLABBER IN THE TEXTBOOK MEANT? i legit was pulling my hair for what as happening but that wasnt so complex as the textbook makes it seem.
thank you Jamon!
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on May 09, 2017, 09:25:57 pm
Hi all

I was wondering if you could help me in teaching me how to cite newspaper articles for me please such as this?  http://www.smh.com.au/business/workplace-relations/blackmail-extortion-and-slavery-at-a-restaurant-near-you-20170324-gv5usu
I have some articles which I have no clue how to cite or mention during my essays or extended responses and would like to know properly on how to address them and merge them in with my writing.
Hope that all makes sense
thank you so much! calling you guys 'amazing' would be a massive understatement
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 09, 2017, 09:59:23 pm
Hi all

I was wondering if you could help me in teaching me how to cite newspaper articles for me please such as this?  http://www.smh.com.au/business/workplace-relations/blackmail-extortion-and-slavery-at-a-restaurant-near-you-20170324-gv5usu
I have some articles which I have no clue how to cite or mention during my essays or extended responses and would like to know properly on how to address them and merge them in with my writing.
Hope that all makes sense
thank you so much! calling you guys 'amazing' would be a massive understatement

Hey! In honesty, I think the HSC is pretty lenient with the ways you do this. It very much depends what you are using from the article too! So for this article, you are probably using the story within the article itself. I'd do that like this:

Articles such as 'Blackmail, extortion and slavery at a restaurant near you' (Sydney Morning Herald, 2017) effectively raise public awareness of such issues by presenting specific case studies...

Often you want to pull a quote from an article, perhaps from someone in a prominent legal position. I'd do that a little differently:

Mr Important Person, the Important Person of NSW, highlights this issue as "INSERT A QUOTE" (Sydney Morning Herald, 2017)...

To me, the key is the source of the article and when it was published. The author isn't relevant (I certainly never included it), which seems strange for a citation! But it isn't super relevant to a HSC marker. The title is there when you need to refer to the article itself (EG - "This article shows this"), and the title of the article is really the only thing to call it ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 11, 2017, 04:59:26 pm
Hi
How do I incorporate media files more sophisticatedly in my essays? Thank you!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 11, 2017, 08:08:12 pm
Hi
How do I incorporate media files more sophisticatedly in my essays? Thank you!


Hey maria! 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 :)

Instead, look for things IN the articles, such as quotes, that you can use in your responses to give it more credibility. Alternatively, find articles that represent societal thinking at the time. Then you say things like, "Media articles such as _______ emphasise the importance of this issue to the public at the time, demonstrating an ineffectiveness of the legislature in responding to a prevalent ethical issue."

Hope this helps ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 11, 2017, 08:39:39 pm
Hey maria! 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 :)

Instead, look for things IN the articles, such as quotes, that you can use in your responses to give it more credibility. Alternatively, find articles that represent societal thinking at the time. Then you say things like, "Media articles such as _______ emphasise the importance of this issue to the public at the time, demonstrating an ineffectiveness of the legislature in responding to a prevalent ethical issue."

Hope this helps ;D

Yes thats great, thank you so much!!
Title: Re: Legal Studies Question Thread
Post by: Diala on May 12, 2017, 11:03:43 pm
Hi there :) So I've currently got an essay for World Order about "Evaluating the effectiveness of Australia's federal government in responding to world order issues" and I'm struggling with how to structure it. I've been given a brief description about including general responses by Australia e.g the Constitution, states and international law, Australia's role in global affairs etc, and the UN intervention in East Timor. Would it make sense if I based my paragraphs on general responses (1 para on the Constitution with media articles, statistics... another on global affairs) and then used the case of East Timor as part of 'role in global affairs'? Or am I meant to be addressing more than just general responses?  Thank you!
Title: Re: Legal Studies Question Thread
Post by: camillablome on May 14, 2017, 04:26:33 pm
Hey Elyse!
I am currently writing a response to the 2016 essay question for World order and using the case studies of the civil war in Rwanda and the ongoing Libyan Crisis. I am just wondering if you think that they are good ones to use, or i should look at using more contemporary examples (especially in regards to Rwanda). Also, is two detailed case studies enough or should i use more?
Thankyou so much for your help!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 14, 2017, 05:49:37 pm
Hi there :) So I've currently got an essay for World Order about "Evaluating the effectiveness of Australia's federal government in responding to world order issues" and I'm struggling with how to structure it. I've been given a brief description about including general responses by Australia e.g the Constitution, states and international law, Australia's role in global affairs etc, and the UN intervention in East Timor. Would it make sense if I based my paragraphs on general responses (1 para on the Constitution with media articles, statistics... another on global affairs) and then used the case of East Timor as part of 'role in global affairs'? Or am I meant to be addressing more than just general responses?  Thank you!

Hey! I think having some paragraphs on responses, then some on specific case studies, seems a little off putting to me - It should be one or the other. So if you wanted to do responses, you would definitely do one response per paragraph, and put info on your case studies throughout these paragraphs. You would need to provide specific examples, you can't just describe what the response does :) Alternatively, you could do one case study per paragraph, and evaluate how Australia responded to each one in turn. I personally prefer this second approach for World Order most of the time, my HSC essay ended up doing it differently to suit the question. But it is a personal preference ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 14, 2017, 06:00:30 pm
Hey Elyse!
I am currently writing a response to the 2016 essay question for World order and using the case studies of the civil war in Rwanda and the ongoing Libyan Crisis. I am just wondering if you think that they are good ones to use, or i should look at using more contemporary examples (especially in regards to Rwanda). Also, is two detailed case studies enough or should i use more?
Thankyou so much for your help!


Hey Camilla! Welcome to the forums ;D so I think the Rwandan civil war is perhaps a tad outdated as a case study, but it definitely still works (it definitely has lots of great points for discussion).

In terms of the number of case studies, especially if you are doing one case study per paragraph, then having a third would be beneficial for you! One very recent case study to round out your trifecta would be a great idea in my opinion. North Korea and the associated sanctions/drama behind their actions recently would be a good pick - You could also perhaps spin some of the big political stories of 2016 (namely Brexit, and Russian involvement in the US Presidential Election). The current conflict in Syria (again, particularly the US/Russian clash in that sphere) would also be a fantastic choice ;D

Hope this helps! Feel free to send more questions our way - Hope this site proves really useful for you ;D
Title: Re: Legal Studies Question Thread
Post by: tahliamag on May 15, 2017, 10:56:47 am
Guys whats the main difference between the ICCPR and the ICESCR??
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 15, 2017, 11:24:50 am

Guys whats the main difference between the ICCPR and the ICESCR??

Hey! They cover different categories of human rights - ICCPR is civil and political rights (freedom from arbitrary persecution, freedom of political expression, etc) and the ICESCR is economic, social and cultural rights - Education, health, shelter and the like ☺ doing a Google of what each contains would be a good idea to give you a better grasp!
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on May 15, 2017, 12:06:07 pm
Guys whats the main difference between the ICCPR and the ICESCR??

Hi!! The two international covenants are fairly similar but do have their differences.
ICCPR
-Self determination
-Freedom from torture and slavery
-Freedom from arbitrary arrest and detention
-Right to a fair trial, innocent until proven guilty, equality before the law
-Right to privacy
-Freedom of religion
-Banning political propaganda of war and hatred
-Right to vote

ICESCR
-Self determination
-Freedom from discrimination based on sex, religion, race, political status, etc.
-Work rights: Favourable conditions, parental leave, OH&S, good work times, wages, social security, etc.
-Right to free primary education and ability to access higher education
-Right to adequate standard of living

Signatories of the two covenants are also different as nations like China and the US have signed one but not the other.

Hope this helps!! Basically ICCPR are "freedom from's", whereas the ICESCR are "right to's" :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 15, 2017, 12:25:06 pm

Hope this helps!! Basically ICCPR are "freedom from's", whereas the ICESCR are "right to's" :)

What a great way to remember it! Cheers for a great answer Neo
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 15, 2017, 06:24:17 pm
Guys whats the main difference between the ICCPR and the ICESCR??

You've had three responses on this now, but I'm still adding! I think it's important to remember who drafted which document. They were created during the Cold War, where we had an East verse West situation happening. ICESCR and ICCPR were drafted by differing sides of this ideological war - so the ICESCR is about economic and social rights, (I remember this because an Eastern country in the Cold War would want "economic rights" because socialism ensures this kind of equality of economic resources (in theory)), and the ICPPR focuses on political rights and civil rights, because the focus of the Western world in capitalism was on the people, rather than the economy of the country as a whole (in theory).

It's important to know that the USA has signed but never ratified the ICESCR, which has always amused me. They surely weren't going to agree to the economic rights put forward by the Cold War enemy, were they? To this day it's remained the same.

Just understanding each document is important, but I found I remembered it best with a bit of history attached - especially for a "development of human rights" HSC question! :)
Title: Re: Legal Studies Question Thread
Post by: tahliamag on May 15, 2017, 08:41:38 pm
Thankyou heaps, that makes alot more sense now :)
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 15, 2017, 09:17:10 pm
hiya guys!!
For anyone that has done family law, it's such a huge topic and I was wondering how on earth do you keep track of the CSM that you use?
Would it be easier to do it dot-point by dot point, or just doing a massive case bank at the end of the topic? We only just started it but I feel like I'll be overwhelmed by the end of it. Thanks in advance!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 15, 2017, 09:40:52 pm
hiya guys!!
For anyone that has done family law, it's such a huge topic and I was wondering how on earth do you keep track of the CSM that you use?
Would it be easier to do it dot-point by dot point, or just doing a massive case bank at the end of the topic? We only just started it but I feel like I'll be overwhelmed by the end of it. Thanks in advance!!

Hey! I did it with summary sheets by essay topic - Same sex, birth technologies, domestic violence, etc! I had everything I'd need for a given essay topic in one spot ;D and you can actually download the ones I used here, they might help you get started ;D
Title: Re: Legal Studies Question Thread
Post by: caitlinjovanovska on May 16, 2017, 09:35:30 am
Hi!

One of my electives is Global Environmental Protection and I was wondering if it is good to base your essays, for questions such as the effectiveness of legal and non-legal measures, around particular cases? Or base them more around the theory?

Thanks!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 16, 2017, 06:43:12 pm
Hi!

One of my electives is Global Environmental Protection and I was wondering if it is good to base your essays, for questions such as the effectiveness of legal and non-legal measures, around particular cases? Or base them more around the theory?

Thanks!
Hey! How are you finding that topic? Definitely very interesting, in my opinion, but not the most popular study option. I'd love to know what you think of it!

I'm not quite sure what you mean by applying theory - do you mean focusing on different ideologies around environmental protection that different treaties/projects follow?
If so, you could really do this either way. In terms of studying, I found it best to have a few case studies and then I would apply all kinds of responses (legal and non-legal) to the case, and look closely at their effectiveness. The best cases for you are the ones that draw on a few different sections of the syllabus, or a few different types of responses - just because you get to kill lots of birds with one stone (I really can't think of a better way of expressing that - how vulgar). You just have a few really powerful cases that allow you to explore a lot of concepts!

But, for when it comes to your essay, there's so many structures you could take on. Say you have to look at legal and non-legal responses: You can do one paragraph on each kind of legal or non-legal response, and obviously integrate them as well. Or, you can say, hey, there's what happened in this case study, and really explore it for a bit, and then you can say, but in thiiiiis case study, we see a different application of the law...

Sorry I can't give you specific examples of environmental cases, I'm really unfamiliar with your topic, but hopefully this kind of makes sense :)
I'd love to know your thoughts about environmental protection as a legal option :)
Title: Re: Legal Studies Question Thread
Post by: Mary_a on May 17, 2017, 12:00:44 pm
Hey guys,

a really, really stupid question, but I was wondering what the criteria for effectiveness/evaluating something was? I know there is achieving justice, accessibility, enforceability, resource efficiency but there must be more?

Thank so much,

Mary x
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 17, 2017, 02:49:34 pm
Hey guys,

a really, really stupid question, but I was wondering what the criteria for effectiveness/evaluating something was? I know there is achieving justice, accessibility, enforceability, resource efficiency but there must be more?

Thank so much,

Mary x
I always use the criteria that's in the syllabus! You can also talk about responsiveness, if it meets societal needs, and the protection of individual rights!
Title: Re: Legal Studies Question Thread
Post by: Mary_a on May 17, 2017, 05:33:07 pm
I always use the criteria that's in the syllabus! You can also talk about responsiveness, if it meets societal needs, and the protection of individual rights!

Thank you! I didn't even realise that was there (stupid I know).

Mary x
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 17, 2017, 06:01:08 pm
Hey guys,

a really, really stupid question, but I was wondering what the criteria for effectiveness/evaluating something was? I know there is achieving justice, accessibility, enforceability, resource efficiency but there must be more?

Thank so much,

Mary x

I'll also add - when I look at the effectiveness of something in legal I look at three main parties:
-The victim
-Society
-The Offender.
Sometimes the victim and the offender will somewhat overlap, which is fine, but you usually get a good variation of arguments there! Whois it effective for? I think this really diversifies your essay :)
There has been a HSC question before...I'm thinking it was 2014 but can't be sure, where they specified the last party as the 'accused.' Just be aware this indicates something different to the offender. The offender is someone who is proven guilty, the accused is talking about the earlier stages of trial.
Title: Re: Legal Studies Question Thread
Post by: Diala on May 17, 2017, 07:25:30 pm
Hey :) My question's regarding World Order and I'm wondering how by signing international agreements Australia promotes world order? Is it because it influences other nation states to do the same? Except, in most cases, it hasn't really made much of a difference... I was hoping you could help!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 17, 2017, 07:33:00 pm
Hey :) My question's regarding World Order and I'm wondering how by signing international agreements Australia promotes world order? Is it because it influences other nation states to do the same? Except, in most cases, it hasn't really made much of a difference... I was hoping you could help!


Hey! You are exactly right - It's that idea of 'peer pressure,' by cooperating with other nation states Australia is encouraging others to do the same. You also identify that it isn't really making a difference - That's a valid point! Take the reasons you think that, and use them as evidence to argue that point in an essay! ;D
Title: Re: Legal Studies Question Thread
Post by: Mary_a on May 17, 2017, 08:26:56 pm
I'll also add - when I look at the effectiveness of something in legal I look at three main parties:
-The victim
-Society
-The Offender.
Sometimes the victim and the offender will somewhat overlap, which is fine, but you usually get a good variation of arguments there! Whois it effective for? I think this really diversifies your essay :)
There has been a HSC question before...I'm thinking it was 2014 but can't be sure, where they specified the last party as the 'accused.' Just be aware this indicates something different to the offender. The offender is someone who is proven guilty, the accused is talking about the earlier stages of trial.

Thanks Elyse! That was really helpful :)

Mary x
Title: Re: Legal Studies Question Thread
Post by: sophiemacpherso on May 17, 2017, 09:40:17 pm
Hey! How many cases should I try to integrate per paragraph in the Family Law topic?
Title: Re: Legal Studies Question Thread
Post by: bellerina on May 18, 2017, 07:58:18 am
Does anyone have workplace notes?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 18, 2017, 12:10:10 pm
Hey! How many cases should I try to integrate per paragraph in the Family Law topic?

Hey! It is very much quality over quantity, but you should aim for a solid amount of Laws, Cases, Media, and the like per paragraph. I always suggest a minimum of three - Which could mean one case, one law and one of something else per paragraph. If you can get more, great!! But three can be enough if you do a lot with them ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 18, 2017, 12:11:30 pm
Does anyone have workplace notes?

We have a few in our Notes section! ;D
Title: Re: Legal Studies Question Thread
Post by: Aaron12038488 on May 18, 2017, 07:21:30 pm
what does this question mean? How should i go about this question, being allocated 2 marks.
Describe the role of the law in encouraging cooperation in regard to this issue.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 18, 2017, 07:29:46 pm
what does this question mean? How should i go about this question, being allocated 2 marks.
Describe the role of the law in encouraging cooperation in regard to this issue.

What's the issue? :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 18, 2017, 07:42:25 pm
cyber bullying - http://www.theage.com.au/victoria/cyberbullying-top-of-parents-minds-as-teens-go-back-to-school-20170129-gu0qmp.html


Cool! So the question is asking you to explain how the law has encouraged different parties to work together to address the issue of cyberbullying - This could be government strategies to address the issue, court decisions in the area, and others. I unfortunately don't know a whole lot about this issue specifically - Hopefully others can give more specific help! :)
Title: Re: Legal Studies Question Thread
Post by: phebsh on May 18, 2017, 08:32:27 pm
Hey, I've got this assignment essay question for Consumer Law and I just can't find information on the topic except for that the Trades Practices Act was changed to the Competition and Consumer Act...
“Evaluate the effectiveness of law reform in achieving just outcomes for consumers”
If anyone's got any ideas, resources or cases, that'd be really helpful.
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: phebsh on May 18, 2017, 08:39:05 pm
cyber bullying - http://www.theage.com.au/victoria/cyberbullying-top-of-parents-minds-as-teens-go-back-to-school-20170129-gu0qmp.html

I did a task on cyber-bullying in prelim, but that wasn't the question so my information was mostly about law enforcers finding it difficult to 'keep up' with new technology and therefore being inadequate in punishing culprits of the issue. That's probably not very helpful, sorry!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 18, 2017, 09:19:40 pm
Hey, I've got this assignment essay question for Consumer Law and I just can't find information on the topic except for that the Trades Practices Act was changed to the Competition and Consumer Act...
“Evaluate the effectiveness of law reform in achieving just outcomes for consumers”
If anyone's got any ideas, resources or cases, that'd be really helpful.
Thanks :)

Hey! I didn't study consumers, but it looks like there are a few resources in our Notes section! :)

Thanks for your awesome response above ;D
Title: Re: Legal Studies Question Thread
Post by: sweetxpple on May 18, 2017, 09:22:55 pm
Hi !
I have an assessment task about world order that requires contemporary regional/global situations that threaten peace and security to answer a question 'Evaluate to what extent legal and non - legal measures have been effective in responding to at least one contemporary regional/global situation that threatens peace and security?'

I have found two issue but I am unsure.

First issue is Omar Al Bashir (who has committed war crimes, crimes against humanity, genocide) but is it really an issue that threatens peace and security when he mostly has violated human rights?

Second issue is Russia using veto 8 times to back out of Syrian resolutions,but is veto really a legal measure? If so then under the syllabus, does it just come under 'the United Nations' which is under 'responses to world order' in the syllabus?

Thank you! Apologies if this is too much as a question!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 18, 2017, 09:41:01 pm
Hi !
I have an assessment task about world order that requires contemporary regional/global situations that threaten peace and security to answer a question 'Evaluate to what extent legal and non - legal measures have been effective in responding to at least one contemporary regional/global situation that threatens peace and security?'

I have found two issue but I am unsure.

First issue is Omar Al Bashir (who has committed war crimes, crimes against humanity, genocide) but is it really an issue that threatens peace and security when he mostly has violated human rights?

Second issue is Russia using veto 8 times to back out of Syrian resolutions,but is veto really a legal measure? If so then under the syllabus, does it just come under 'the United Nations' which is under 'responses to world order' in the syllabus?

Thank you! Apologies if this is too much as a question!

Hi sweetxpple! Welcome to the forums ;D never too much of a question!

Your second issue is absolutely one to discuss. And yep, it would come under the UNSC - You'd discuss how the veto power situation has affected the effectiveness of the UNSC in this scenario. You'd probably be saying the response is ineffective ;D

Your first one is a little bit Human Rights-ish, I agree, but you could make it work. World Order is about discussing cooperation and compliance, and clearly the Bashir issue is an example of the limited effectiveness of that cooperation (the ICC has had a warrant for his arrest for like 8 years now) :P

If you are in need of another issue/case study, use North Korea! Lots of evidence for essays there since tensions really flared up a few years ago :) hope this helped! Really hope this community can be useful for you ;D
Title: Re: Legal Studies Question Thread
Post by: sweetxpple on May 19, 2017, 12:38:19 am
Hi !

How many words / pages would you recommend when writing a legal studies essay within a 45 minute time frame?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 19, 2017, 12:40:13 am
Hi !

How many words / pages would you recommend when writing a legal studies essay within a 45 minute time frame?

Hey! I normally filled two writing booklets spending about 45-50 minutes on an Option essay in an exam scenario- Maybe 4.5 A4 pages, 1100 words or so? ;D although it is definitely a case of quality over quantity, you'd probably want to hit like a 700 word(ish) minimum to get the required detail ;D
Title: Re: Legal Studies Question Thread
Post by: Kekemato_BAP on May 19, 2017, 09:37:01 am
I'm confused with this question
What should I definitely include in my essay?
(http://i.imgur.com/H9ebIlb.jpg)
It says at least ONE issue, but can you do two? Would it be too much?
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: Rasika on May 21, 2017, 07:08:46 pm
1. Research the Family Court of Australia and present the findings of your research in the form of an oral report (time limit of 5 minutes). In your report:

a) Outline the role of the Family Court of Australia in Australia’s legal system.

b) Identify and describe ONE case that has been heard in the Family Court of Australia.

c) Evaluate the effectiveness of the Family Court of Australia in achieving justice for family members using the criteria (factors) to be considered when evaluating the effectiveness of family law in achieving justice:

* Equality

* Accessibility

* Enforceability

* Resource efficiency

* Protection and recognition of individual rights

* Law as a reflection of community standards and expectations

* Opportunities for appeals and review

* Balance of individual rights and values and community rights and values

You should make reference to the case selected in part 2 above AND other family law issues.


Can someone help me out with what i am supposed to do for this research oral task?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 21, 2017, 07:46:30 pm
I'm confused with this question
What should I definitely include in my essay?
(http://i.imgur.com/H9ebIlb.jpg)
It says at least ONE issue, but can you do two? Would it be too much?
Thanks :)

Hey! You could definitely do more than one if you preferred it - It would probably be easier, since you wouldn't need as much depth! Basically, you just need a handful (1 to 3 probably) of situations, where you can evaluate the response of Legal and Non-Legal measures to those situations (North Korea would be a good case study right now) ;D
Title: Re: Legal Studies Question Thread
Post by: Kekemato_BAP on May 21, 2017, 08:42:40 pm
Hey! You could definitely do more than one if you preferred it - It would probably be easier, since you wouldn't need as much depth! Basically, you just need a handful (1 to 3 probably) of situations, where you can evaluate the response of Legal and Non-Legal measures to those situations (North Korea would be a good case study right now) ;D

Oh ok. Also, what would be a non-legal measure? I know legal measures like the UN and government treaties, but kinda stumped on the non-legal aspect :/
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on May 21, 2017, 09:29:07 pm
hey, all!
I have a few questions I was wondering if you could help me out with firstly what is mandatory sentencing? (my teacher and the textbook do explain it but i just cant get it into my head so this was my hope) and what is good and bad about it?
secondly what is subjective circumstance and objective seriousness and how does it differ from mitigating and aggravating factors (sort of confuzzled)
thanks so much
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 21, 2017, 10:09:39 pm
Can someone help me out with what i am supposed to do for this research oral task?

Hey Rasika! What specifically about the task description is giving you trouble? Any particular aspects that are the most confusing to you? This is a big task, and it is laid out quite methodically, just want to know how best to get you started :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 21, 2017, 10:18:37 pm
Oh ok. Also, what would be a non-legal measure? I know legal measures like the UN and government treaties, but kinda stumped on the non-legal aspect :/

Non-Legal for World Order is so tough - The two I always recommend are NGO's - Red Cross and Amnesty International. Both have links to human rights but can also be linked to World Order; they both deal with those affected by global/regional conflicts, treatment of prisoners of war, and other World Order issues. Definitely worth a look ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 21, 2017, 10:30:07 pm
hey, all!
I have a few questions I was wondering if you could help me out with firstly what is mandatory sentencing? (my teacher and the textbook do explain it but i just cant get it into my head so this was my hope) and what is good and bad about it?
secondly what is subjective circumstance and objective seriousness and how does it differ from mitigating and aggravating factors (sort of confuzzled)
thanks so much

Mandatory Sentencing: A specific sentence for a specific crime. So, instead of a judge being able to apply their discretion to decide on a sentence (up to a maximum set by legislation), they must give a specific punishment (at minimum). Despite the specifics of the case, any mitigating/aggravating factors, all irrelevant - The minimum must be met regardless.

So in NSW, the most recent example of this is the mandatory sentencing for 'king hits.' The Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2015 says:

A court is required to impose a sentence of imprisonment of not less than
8 years on a person guilty of an offence under section 25A (2). Any non-parole
period for the sentence is also required to be not less than 8 years.


So, if you are found guilty of this offence, you get 8 years minimum. This takes a lot of the judicial discretion away from judges, as they have further restrictions. You can argue this is effective for consistency and protection of societal values, but it is absolutely a restriction of judicial discretion, and arguably a restriction of the rights of the offender.

As for subjective/objective circumstances, they aren't assessable knowledge. However, to my understanding, 'objective' factors are aspects of the crime itself, while 'subjective' factors are those to do with the offender themselves. It's a slightly different categorisation than mitigating/aggravating (again, not specifically assessable) ;D
Title: Re: Legal Studies Question Thread
Post by: Rasika on May 22, 2017, 12:29:04 am
Hey!

It is the last section which i'm confused with..
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 22, 2017, 01:10:18 am
Hey!

It is the last section which i'm confused with..

Sure! So what that last section is asking you to do is make a judgement about how effective the Family Court is in dealing with the cases it hears. You do this by examining the response in terms of the criteria they give you:

Equality: Is the court able to achieve consistently just outcomes for all parties?
Accessibility: Is the court that is easy for the Australian populace to utilise to pursue justice in Family Law scenarios?
Enforceability: Do the courts' decisions end up being followed? Are they legally binding?
Resource efficiency: How well are available resources used to achieve justice in these scenarios?
Protection and recognition of individual rights: How well are individual human rights recognised (taken into consideration) and/or protected as necessary?
Law as a reflection of community standards and expectations: How accurately do Family Court decisions reflect the way the Australian community views the scenario?
Opportunities for appeals and review: For all parties, is there a chance to question decisions made?
Balance of individual rights and values and community rights and values: Is a fair balance achieved between looking after the individual, and doing what is right for the community?

Not all of these will be equally relevant, and you don't need them all - But you'll need some combo of them in your evaluation :)
Title: Re: Legal Studies Question Thread
Post by: Rasika on May 22, 2017, 07:20:48 pm
Can someone help me find a case that has been heard in the family court of australia? i cant find any because the ones i found are closed to the public... help
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on May 22, 2017, 07:36:16 pm
Can someone help me find a case that has been heard in the family court of australia? i cant find any because the ones i found are closed to the public... help

Hi! Those closed court cases are quite hard to find!
I would try searching the Family Court website if you haven't checked already.
Hope this helps ;)
Title: Re: Legal Studies Question Thread
Post by: parthie on May 22, 2017, 10:51:37 pm
Hey

Does anyone have a good definition for a "just outcome"

Would be appreciated Thanks :)
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on May 22, 2017, 11:18:40 pm
Hey

Does anyone have a good definition for a "just outcome"

Would be appreciated Thanks :)

Hi! This question once stumped me too in class.
I would say "just outcomes" refers to the ability of the legal system/police in achieving justice for all parties involved. This would include the offender, victim(s), and society
You would talk about the advantages and disadvantages of things such as bail/remand, discretion, etc.
For example, remand protects the victim/society from the offender. But, the offender is under the presumption of innocent until proven guilty, bail?. What if he was actually innocent but was held in remand for a long time? There is a delicate balancing act that leads perfectly into the ability of the CJS in achieving "just outcomes".

Hope this helps, a bit lengthy of an answer  :P
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 23, 2017, 04:06:38 am
Hey

Does anyone have a good definition for a "just outcome"

Would be appreciated Thanks :)

I would say that just means it adheres to the rights of the individuals involved, but also sees a reprimand appropriate to the individual case.
Title: Re: Legal Studies Question Thread
Post by: marcusgrahamm on May 23, 2017, 08:08:21 pm
Does anyone know any contemporary or great past cases that could be effectively used in a International Crime Extended Response ?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 23, 2017, 09:11:06 pm
Does anyone know any contemporary or great past cases that could be effectively used in a International Crime Extended Response ?

hey marcus! Have a look at the Legal Studies notes we have here - Jamon state ranked and he's uploaded his notes to help out! There's lots of cases throughout the notes there.
Title: Re: Legal Studies Question Thread
Post by: bellerina on May 24, 2017, 07:27:20 pm
How would one answer this question:
"Outline the role of the Family Court of Australia in Australia’s legal system"
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 24, 2017, 09:15:48 pm
hey guys!
I just got a legal studies task notification on family law and it is about evaluating the effectiveness of the law in achieving justice for family members. Just as a rule of thumb kinda thing, are we allowed to refer to other states when doing family law? One of the options for this question is the recognition of same sex couples and I know the recognition of rights for same sex couples vary considerably from state to state. (i.e South Australia and Tasmania) Do I need to keep it to New South Wales? or can I discuss this is the response?
Thanks in advance!!
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on May 24, 2017, 09:38:35 pm
hey guys!
I just got a legal studies task notification on family law and it is about evaluating the effectiveness of the law in achieving justice for family members. Just as a rule of thumb kinda thing, are we allowed to refer to other states when doing family law? One of the options for this question is the recognition of same sex couples and I know the recognition of rights for same sex couples vary considerably from state to state. (i.e South Australia and Tasmania) Do I need to keep it to New South Wales? or can I discuss this is the response?
Thanks in advance!!

Hi! You should be able to refer to all around Australia for cases on same-sex couples because the most widely used cases are Croome v Tasmania and Toonen v Australia, which are not specific to NSW. The focus should still build around NSW's role in achieving justice with references and supporting evidence from other states to show understanding.
Obvs, you wouldn't use other states' legislation in other topics like Crime because they are quite different from state to state.
Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 24, 2017, 10:00:42 pm
How would one answer this question:
"Outline the role of the Family Court of Australia in Australia’s legal system"

Hey! An outline just means the main features. So, think about the key things the Family Court does in Australia - What sort of cases do they hear? What allows them to do this? And perhaps an example - That would be the absolute most you'd have to do for that question! :)

Note, you won't ever have to deal with small mark questions like that for your Options, not in HSC exams at least, because you only write essays for the Options! ;D
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on May 25, 2017, 09:50:22 am
Hi all

Whats everyones thoughts for how many elements of criteria to use for a world order essay
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 25, 2017, 10:44:03 am
Hi! You should be able to refer to all around Australia for cases on same-sex couples because the most widely used cases are Croome v Tasmania and Toonen v Australia, which are not specific to NSW. The focus should still build around NSW's role in achieving justice with references and supporting evidence from other states to show understanding.
Obvs, you wouldn't use other states' legislation in other topics like Crime because they are quite different from state to state.
Hope this helps :)
Yes it definitely does!, I think we touched on those cases in class so I'll definitely look into them further, thank so much!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 25, 2017, 10:56:04 am
Hi all

Whats everyones thoughts for how many elements of criteria to use for a world order essay

Hey! Do you mean criteria for evaluating effectiveness, like accessible, enforceable, etc?

I'd say that's pretty free to what works for you, even just one or two would be enough - They don't have to form a huge part of how you structure your essay unless you want them too, so as long as you are using them in some capacity then it more comes down to the quality of your examples ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 25, 2017, 12:12:50 pm
hey everyone!
I was looking for some guidance on a 25 mark essay. We actually haven't done many in legal yet, only the 15 markers and so I was wondering around how many cases. legislations and files as such you would need to ideally use for a solid response. Its on family law and should strictly be 1200 words.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 25, 2017, 06:10:33 pm
hey everyone!
I was looking for some guidance on a 25 mark essay. We actually haven't done many in legal yet, only the 15 markers and so I was wondering around how many cases. legislations and files as such you would need to ideally use for a solid response. Its on family law and should strictly be 1200 words.

Hey there! It is difficult to approach a 25 marker for the first time. I felt this way when I did my first essay for SOR, but in Legal I had done assessment tasks that had more or less asked me to break down an essay, so it felt more bite sized! How many cases and legislation and what not is always hard to define. If you told me you used 3 cases in your essay I'd think that's pretty solid, but it really depends what you do with them. You might just be using a case to say it set a precedent, or you might be using a case as a great example of exactly how the law is applied. In each body paragraph, I'd aim to use a case or a significant statistic just as a way of proving your point. in every case. Don't forget to incorporate the themes and challenges too - so often they are overlooked but they are great for improving the sophistication of your work. I wrote a guide to break them down here.

Also, Jamon state-ranked in legal and he wrote about how he did exactly that here and it has a section on formulating arguments, which will be good for you to read! :)
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 25, 2017, 06:53:45 pm
hiya!
This is such a stupid question but I was wondering what exactly the difference was between the Australian Human Rights Commission and the Human Rights Committee. I'm reading through statistics and apparently they are not the same thing. Is one legal or the other non-legal or are they both government bodies. Thanks in advance!
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 25, 2017, 06:55:14 pm
Hey there! It is difficult to approach a 25 marker for the first time. I felt this way when I did my first essay for SOR, but in Legal I had done assessment tasks that had more or less asked me to break down an essay, so it felt more bite sized! How many cases and legislation and what not is always hard to define. If you told me you used 3 cases in your essay I'd think that's pretty solid, but it really depends what you do with them. You might just be using a case to say it set a precedent, or you might be using a case as a great example of exactly how the law is applied. In each body paragraph, I'd aim to use a case or a significant statistic just as a way of proving your point. in every case. Don't forget to incorporate the themes and challenges too - so often they are overlooked but they are great for improving the sophistication of your work. I wrote a guide to break them down here.

Also, Jamon state-ranked in legal and he wrote about how he did exactly that here and it has a section on formulating arguments, which will be good for you to read! :)

Thanks Elyse! I'll try and pick 3 cases which are solid and then build the essay around that. I'll also definitely have a read of the articles you and Jamon wrote! Thanks so much!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 25, 2017, 07:56:47 pm
hiya!
This is such a stupid question but I was wondering what exactly the difference was between the Australian Human Rights Commission and the Human Rights Committee. I'm reading through statistics and apparently they are not the same thing. Is one legal or the other non-legal or are they both government bodies. Thanks in advance!

Not a stupid question! The Human Rights Committee is the OHCHR, which is an independent body that looks specifically at the way the ICCPR is being implemented by states. The OHCHR also considers complaints that states make about each other, and they can investigate these. The Australian Human Rights Commission is within Australia, whereas the OHCHR is more global. It was established in 1986 (had to google that), so they are statutory, but independent, and they report back through the Attorney-General. I've taken this directly from their website:

Our statutory responsibilities include:

-education and public awareness
-discrimination and human rights complaints
-human rights compliance
-policy and legislative development.

We do this through:
-resolving complaints of discrimination or breaches of human rights under federal laws
-holding public inquiries into human rights issues of national importance
-developing human rights education programs and resources for schools, workplaces and the community
-providing independent legal advice to assist courts in cases that involve human rights principles
-providing advice and submissions to parliaments and governments to develop laws, policies and programs
-undertaking and coordinating research into human rights and discrimination issues.
Title: Re: Legal Studies Question Thread
Post by: maria1999 on May 26, 2017, 12:19:26 pm
Not a stupid question! The Human Rights Committee is the OHCHR, which is an independent body that looks specifically at the way the ICCPR is being implemented by states. The OHCHR also considers complaints that states make about each other, and they can investigate these. The Australian Human Rights Commission is within Australia, whereas the OHCHR is more global. It was established in 1986 (had to google that), so they are statutory, but independent, and they report back through the Attorney-General. I've taken this directly from their website:

Our statutory responsibilities include:

-education and public awareness
-discrimination and human rights complaints
-human rights compliance
-policy and legislative development.

We do this through:
-resolving complaints of discrimination or breaches of human rights under federal laws
-holding public inquiries into human rights issues of national importance
-developing human rights education programs and resources for schools, workplaces and the community
-providing independent legal advice to assist courts in cases that involve human rights principles
-providing advice and submissions to parliaments and governments to develop laws, policies and programs
-undertaking and coordinating research into human rights and discrimination issues.


Thanks so much Elyse!! So glad to finally know the difference ahaha
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on May 27, 2017, 02:27:56 pm
Hi! I have an essay that requires to "Evaluate the effectiveness of the legal and non-legal responses in achieving justice for recognition of same sex relationships." I've found cases, media legislations etc.. but I'm having trouble on how I should go about to structuring this essay.
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 28, 2017, 08:25:51 am
Hi! I have an essay that requires to "Evaluate the effectiveness of the legal and non-legal responses in achieving justice for recognition of same sex relationships." I've found cases, media legislations etc.. but I'm having trouble on how I should go about to structuring this essay.
Thanks :)

Hey! You have some choices here :) You could structure this by looking into individual legal and then non-legal issues one by one. Or, you could pick a topic, let's say adoption/surrogacy, and then tease that topic out by applying the legal and non-legal measures, and then move to the next topic. So it really depends on your research and how you think it would be best to structure it. Personally, I would go with the topic-based approach because that's how I feel most comfortable arguing the effectiveness, by applying the legal and non-legal measures together rather than in isolation :)
Title: Re: Legal Studies Question Thread
Post by: Diala on May 28, 2017, 07:02:06 pm
Hey there :) I had an essay about Australia's federal government and its responses to World Order issues (how effective) but silly me, I forgot to mention state sovereignty and how that hinders the role of Australia! Is that a deduction of marks in your opinion? I wrote about ineffectiveness in being able to enforce certain things etc. but I didn't directly talk about state sovereignty. What do you think?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 28, 2017, 07:30:24 pm
Hey there :) I had an essay about Australia's federal government and its responses to World Order issues (how effective) but silly me, I forgot to mention state sovereignty and how that hinders the role of Australia! Is that a deduction of marks in your opinion? I wrote about ineffectiveness in being able to enforce certain things etc. but I didn't directly talk about state sovereignty. What do you think?

Hey Diala! It could perhaps be a bit of an omission, but it doesn't immediately scream a huge loss of marks. There's no single approach to open ended questions like this - If the question doesn't mention state sovereignty then it isn't mandatory to include. It might just be tough to get the required detail without mentioning it (kind of like doing a Human Rights response without mentioning UDHR, ICCPR, or ICESCR). But you should do fine! ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 29, 2017, 12:25:37 am
Hi! Do you know if we are expected to know any content from the prelim syllabus for the HSC exam (other than stuff that overlaps with the HSC topics)? Thank you :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 29, 2017, 12:47:45 am
Hi! Do you know if we are expected to know any content from the prelim syllabus for the HSC exam (other than stuff that overlaps with the HSC topics)? Thank you :D

Hey Chelsea! Nope - Prelim content isn't assessable unless, as you say, there is crossover ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 29, 2017, 01:16:35 am
Hey Chelsea! Nope - Prelim content isn't assessable unless, as you say, there is crossover ;D
Sweet! Thanks Jamon :D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 29, 2017, 04:51:01 am
Hi! Do you know if we are expected to know any content from the prelim syllabus for the HSC exam (other than stuff that overlaps with the HSC topics)? Thank you :D
I've found that the topic that links over the most is law reform - just because you look closely into the reasons for law reform in preliminary, but it is also a theme and challenge in the HSC course, which is examinable! But you obviously extend your knowledge in the HSC course, but it's great to have your preliminary knowledge there!
Title: Re: Legal Studies Question Thread
Post by: chelseam on May 29, 2017, 11:40:01 am
I've found that the topic that links over the most is law reform - just because you look closely into the reasons for law reform in preliminary, but it is also a theme and challenge in the HSC course, which is examinable! But you obviously extend your knowledge in the HSC course, but it's great to have your preliminary knowledge there!
Thanks Elyse! ;D
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on May 29, 2017, 05:56:23 pm
Hi all

How can I relate state soverinty to world order issues, its really troubling me
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on May 29, 2017, 06:50:51 pm
Hi all
How can I relate state soverinty to world order issues, its really troubling me
Basically, the biggest challenge is that we can't make states do something they don't want to do. So, we can't force anyone to sign or ratify documents, and even if they do that, we can't force them to follow it if they think it's not in the best interests of their own nation. There's conflict here when there seems to be a global consensus of what is right, or what is best, but each nation has their own concerns, agenda, and demographic, and the UN, or another state, cannot force another state to act in a way that the "offending" state seems to think is in the best interests of their own state. So as much as we'd like to gain complete cooperation on a lot of things - it isn't always possible because state sovereignty can be used at any time as a reason to not engage with a particular document, resolution, treaty, or organisation.
Title: Re: Legal Studies Question Thread
Post by: Mary_a on May 29, 2017, 07:52:26 pm
Hey Guys,

Has anyone taken Shelter as their topic? If so, does anyone have any notes/LCMID? My teacher is actually incompetent for legal!

Mary x
Title: Re: Legal Studies Question Thread
Post by: Noorijaz on May 29, 2017, 08:36:41 pm
hi

i wanted to know the CSSA or Independent Trials papers essay question was for the option topic of workplace

preferably the years 2016 and 2015

thanks heaps
Title: Re: Legal Studies Question Thread
Post by: camillablome on May 31, 2017, 09:51:54 am
Hi!

Just wondering how many cases you think i should use in a Young Offenders essay? I am definitely going to use the Corey Davis case but I'm finding it hard to find other cases!

Thankyou so much!
Camilla
Title: Re: Legal Studies Question Thread
Post by: bellerina on May 31, 2017, 12:02:38 pm
"Outline the role of the Family Court of Australia"

The Family Court of Australia was established by the Family Law Act 1975, under the Australian Constitution  and has original jurisdiction on all states and territories except for Western Australia . The court has a pivotal role in addressing complex and serious family matters that was previously handled by state supreme courts, which includes divorce applications, parenting disputes and separation.

Does this make sense?

Title: Re: Legal Studies Question Thread
Post by: marcusgrahamm on May 31, 2017, 06:11:05 pm
Is anyone else doing a World Order Task into East Timor and/or North Korea ??

if so and you would like to exchange resources that would be awesome

Help much appreciated!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 31, 2017, 07:19:14 pm
Hi!

Just wondering how many cases you think i should use in a Young Offenders essay? I am definitely going to use the Corey Davis case but I'm finding it hard to find other cases!

Thankyou so much!
Camilla

Hey Camilla! FInding cases for Young Offenders is really hard - Having just that case is okay, but if you can find more that would be awesome too. Try finding some extra evidence in some Children's Court Publications ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 31, 2017, 07:20:38 pm
"Outline the role of the Family Court of Australia"

The Family Court of Australia was established by the Family Law Act 1975, under the Australian Constitution  and has original jurisdiction on all states and territories except for Western Australia . The court has a pivotal role in addressing complex and serious family matters that was previously handled by state supreme courts, which includes divorce applications, parenting disputes and separation.

Does this make sense?

Great answer bellerina, definitely makes sense. Great work! ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on May 31, 2017, 07:25:05 pm
Is anyone else doing a World Order Task into East Timor and/or North Korea ??

if so and you would like to exchange resources that would be awesome

Help much appreciated!

There's some awesome World Order resources in our Notes section! There's some stuff on North Korea in there for sure - We'd love for you to add to the collection to help everyone out ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 05, 2017, 07:48:28 pm
hey guys!
I have a hand-in task on family law coming up and I've chosen to do it on the recognition of same sex couples. This is the question: Evaluate the responsiveness of the law in achieving justice for family members

It's a 25 mark essay and I want to split it up into three main points
1. Recognition of same-sex partnerships
2. Recognition of children in same sex partnership (bringing up adoption and such)
3. I'm not quite sure yet

This is my into thus far:
The responsiveness of the law in achieving justice for all family members in regards to the recognition of same sex couples has been somewhat responsive. Although same-sex couples have struggled throughout the years to obtain the same legal rights as opposite sex couples, the Australian legal system has made significant progress in ensuring the rights of same-sex couples are kept consistent with that of their opposite sex counterparts. However, laws concerning that of same-sex marriage and children of homosexual couples severely impede on the responsiveness of the law in achieving justice for family members.

Is this a good plan and intro so far? And is there anything I could use as my third point? I struggle so much with intro's and plan's so any guidance would be much appreciated. Thank you so much in advance!!

Title: Re: Legal Studies Question Thread
Post by: Wales on June 05, 2017, 08:22:36 pm
hey guys!
I have a hand-in task on family law coming up and I've chosen to do it on the recognition of same sex couples. This is the question: Evaluate the responsiveness of the law in achieving justice for family members

It's a 25 mark essay and I want to split it up into three main points
1. Recognition of same-sex partnerships
2. Recognition of children in same sex partnership (bringing up adoption and such)
3. I'm not quite sure yet

This is my into thus far:
The responsiveness of the law in achieving justice for all family members in regards to the recognition of same sex couples has been somewhat responsive. Although same-sex couples have struggled throughout the years to obtain the same legal rights as opposite sex couples, the Australian legal system has made significant progress in ensuring the rights of same-sex couples are kept consistent with that of their opposite sex counterparts. However, laws concerning that of same-sex marriage and children of homosexual couples severely impede on the responsiveness of the law in achieving justice for family members.

Is this a good plan and intro so far? And is there anything I could use as my third point? I struggle so much with intro's and plan's so any guidance would be much appreciated. Thank you so much in advance!!



I should probably leave this to our state ranker legal student but hey, I'll give it a try.

With your intro, I like how you established firmly your judgement, clearly defines the path of the essay. Nice. I feel like you need to mention something about how the legal system hasn't been responsive for same-sex marriages. For same-sex couples you've mentioned how there's been a struggle throughout years but not so much for marriage. Maybe add in lacklustre response times? Not too sure. It's an essay structured around the RESPONSIVENESS so I would focus on how efficient and quick to react the law is to resolving these cases.

I would include something about the best interests of the child in point 2 if you aren't already, I believe anything you write relating to children at least has to mention that, after all it's the most key focus of your paragraph too!

Point 1 there's a lot to talk about. How laws have reformed to allow same-sex couples to use BWS as a partial defence to name one. Link it to whatever you can that's relevant, that's what I've been seeing Jamon tell people :)

Not too sure what to suggest for point 3. I would personally group my essay for Family Law into 3 main categories, Domestic Violence, Same Sex, Children & Divorce but I'm sure you can find something to write about Same-Sex in family law.

Correct me if I am wrong in any place :) I've only just finished Family Law myself so I would see what Jamon has to say as well.

Goodluck my fellow legal student ~ !
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 05, 2017, 09:04:31 pm
hey guys!
I have a hand-in task on family law coming up and I've chosen to do it on the recognition of same sex couples. This is the question: Evaluate the responsiveness of the law in achieving justice for family members

It's a 25 mark essay and I want to split it up into three main points
1. Recognition of same-sex partnerships
2. Recognition of children in same sex partnership (bringing up adoption and such)
3. I'm not quite sure yet

This is my into thus far:
The responsiveness of the law in achieving justice for all family members in regards to the recognition of same sex couples has been somewhat responsive. Although same-sex couples have struggled throughout the years to obtain the same legal rights as opposite sex couples, the Australian legal system has made significant progress in ensuring the rights of same-sex couples are kept consistent with that of their opposite sex counterparts. However, laws concerning that of same-sex marriage and children of homosexual couples severely impede on the responsiveness of the law in achieving justice for family members.

Is this a good plan and intro so far? And is there anything I could use as my third point? I struggle so much with intro's and plan's so any guidance would be much appreciated. Thank you so much in advance!!



Wales' feedback above is fantastic  8)

For the intro, to elevate it further, you might want to add a sentence to the start about why the responses to Family Law need to be responsive. Like, "In the area of family law, it is absolutely essential for the law to be responsive to contemporary values to achieve outcomes reflective of community standards." Or something like that (don't use that, it doesn't flow in properly). Just a little spin or justification of the essay to make it a little more interesting - Totally optional, what you have is awesome.

Maybe you structure your points something like this:
1 - Recognition of same sex couples in a de-facto sense (work that has been done)
2 - Same Sex Marriage (work still to be done)
3 - Children and adoption and such

Wales is right, the same sex marriage thing is worth some attention, and perhaps this is the way ;D
 
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 06, 2017, 09:28:37 am
I should probably leave this to our state ranker legal student but hey, I'll give it a try.

With your intro, I like how you established firmly your judgement, clearly defines the path of the essay. Nice. I feel like you need to mention something about how the legal system hasn't been responsive for same-sex marriages. For same-sex couples you've mentioned how there's been a struggle throughout years but not so much for marriage. Maybe add in lacklustre response times? Not too sure. It's an essay structured around the RESPONSIVENESS so I would focus on how efficient and quick to react the law is to resolving these cases.

I would include something about the best interests of the child in point 2 if you aren't already, I believe anything you write relating to children at least has to mention that, after all it's the most key focus of your paragraph too!

Point 1 there's a lot to talk about. How laws have reformed to allow same-sex couples to use BWS as a partial defence to name one. Link it to whatever you can that's relevant, that's what I've been seeing Jamon tell people :)

Not too sure what to suggest for point 3. I would personally group my essay for Family Law into 3 main categories, Domestic Violence, Same Sex, Children & Divorce but I'm sure you can find something to write about Same-Sex in family law.

Correct me if I am wrong in any place :) I've only just finished Family Law myself so I would see what Jamon has to say as well.

Goodluck my fellow legal student ~ !

This is great! Thank you so much for the awesome feedback!! I'll definitely weave this into the structure I have! All the best for your exams!!
Title: Re: Legal Studies Question Thread
Post by: Wales on June 06, 2017, 06:12:27 pm
This is great! Thank you so much for the awesome feedback!! I'll definitely weave this into the structure I have! All the best for your exams!!

Post back if you want the whole essay marked or if you have any more feedback :)

Thanks, you too!
Title: Re: Legal Studies Question Thread
Post by: bellerina on June 06, 2017, 06:27:45 pm
Guys, know any good family law cases? It's for a speech...
Title: Re: Legal Studies Question Thread
Post by: Kirri Rule on June 06, 2017, 08:08:21 pm
Guys, know any good family law cases? It's for a speech...
I just did an assessment on domestic violence and i used:
Jean Majdalawi (1996),Teresa Bradford, Rosie Batty, R v Gittany [2013] NSWSC 1503 and R v Mulvihill [2014] NSWSC 443
There is heaps of infomation and media articles on these, if you were talking about domestic violence
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 06, 2017, 08:14:02 pm
Guys, know any good family law cases? It's for a speech...

Check out the Family Law notes in our Notes section too! Bound to be a few there ;D
Title: Re: Legal Studies Question Thread
Post by: bellerina on June 06, 2017, 08:17:35 pm
Check out the Family Law notes in our Notes section too! Bound to be a few there ;D

oh lol, i didn't even think about that! Thanks Jamon and i know you have a legal essay marking forum.. could i still send my speech on that forum or...

I would love feedback so i can start timing and practising
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 06, 2017, 09:31:14 pm
oh lol, i didn't even think about that! Thanks Jamon and i know you have a legal essay marking forum.. could i still send my speech on that forum or...

I would love feedback so i can start timing and practising

Definitely can!! Happy to mark speeches as well ;D
Title: Re: Legal Studies Question Thread
Post by: Kekemato_BAP on June 07, 2017, 10:24:38 am
I am stuck on whether to do Syria or North Korea for my legal assessment. The question asks us to discuss the legal and non-legal measures.
Which issue would be more easy to meet the criteria? The essay is marked out of 25 instead of 15
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 07, 2017, 11:03:33 am
I am stuck on whether to do Syria or North Korea for my legal assessment. The question asks us to discuss the legal and non-legal measures.
Which issue would be more easy to meet the criteria? The essay is marked out of 25 instead of 15

I reckon both would work really well for you! What I'd do is spend an hour or two researching each and making dot points of useful info, try and get a feel for which of them will let you answer the question better ;D
Title: Re: Legal Studies Question Thread
Post by: Wales on June 07, 2017, 11:58:15 pm
I am stuck on whether to do Syria or North Korea for my legal assessment. The question asks us to discuss the legal and non-legal measures.
Which issue would be more easy to meet the criteria? The essay is marked out of 25 instead of 15

Hard decision. Like Jamon said, research and find which one you're more interested in. I would personally do Syria due to preference and personal interest but you won't get marked down for either. It's all down to how you express your argument :)
Title: Re: Legal Studies Question Thread
Post by: marcusgrahamm on June 08, 2017, 02:20:44 pm
Im doing a world order assessment "assess the effectiveness of the UN in maintaining WO".

Ive chosen to discuss the Syrian & Sudanese Conflicts.

Does anyone have any advice on resolutions that apply and arguments to you (more for Sudan)

Any notes would be great to!

Thanks guys.
Title: Re: Legal Studies Question Thread
Post by: Diala on June 08, 2017, 06:59:44 pm
When citing an article in the exam, do you think it's necessary to state the date of publication specifically? It's such a struggle to remember the day, month and year of every article I'd like to use in an essay under such pressure. Some people make up the day but accurately state the month and the year... is that cool too?  ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 08, 2017, 07:36:01 pm
Sorry to the people above, don't know a heap about Syria or Sudan!

When citing an article in the exam, do you think it's necessary to state the date of publication specifically? It's such a struggle to remember the day, month and year of every article I'd like to use in an essay under such pressure. Some people make up the day but accurately state the month and the year... is that cool too?  ;D

Just the month and year is definitely okay, it's all I ever did. You'd be okay with just the year even I'd say! ;D
Title: Re: Legal Studies Question Thread
Post by: Kekemato_BAP on June 09, 2017, 09:06:29 am
When writing about legal/non-legal measures to world order, would you use two different legal with two different non-legal measures?
I've already written one body paragraph on the UN veto power, but don't know if I should change to NATO or do a different ineffectiveness of the UN.
Also, is R2P legal or non-legal. They were a UN thing, but dunno if by law.
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 09, 2017, 12:14:13 pm
guys what are some solid cases that I can use for a question that involves the recognition of same sex couples?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 09, 2017, 02:13:18 pm
When writing about legal/non-legal measures to world order, would you use two different legal with two different non-legal measures?
I've already written one body paragraph on the UN veto power, but don't know if I should change to NATO or do a different ineffectiveness of the UN.
Also, is R2P legal or non-legal. They were a UN thing, but dunno if by law.

Hey! I would say ideally yes, but non-legal responses are way tougher. If you are structuring that way, you could probably get away with 3 legal 1 non-legal, just make sure the non-legal paragraph is excellent! ;D

I'd classify R2P as Legal as it is associated with the UNSC ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 09, 2017, 02:14:11 pm
guys what are some solid cases that I can use for a question that involves the recognition of same sex couples?

Hey! Check out my Family Law Summary Sheets, there are a few good ones there! ;D
Title: Re: Legal Studies Question Thread
Post by: bellerina on June 09, 2017, 06:29:21 pm
What is a good legal case for domestic violence? I want to talk about the ineffectiveness of ADVO's.. pls help
Title: Re: Legal Studies Question Thread
Post by: Wales on June 09, 2017, 09:43:47 pm
What is a good legal case for domestic violence? I want to talk about the ineffectiveness of ADVO's.. pls help

You're making me think back a while but there was Jean Majdalaawi whom was shot outside Parramatta court by her partner while applying for an AVO. Not directly related to ADVO's but something good to mention.

Other cases include:
Case in regard to BWS (Battered Woman Syndrome) - McEwen or R vs Kina
Arthur Freeman though not directly related to DV
Julie Grant - Murdered by ex partner Shannon Mahon while breaching an AVO
Angela Furullo - Murdered by ex partner at her workplace
Kara Doyle - Murdered by boyfriend
Kelly Thompson - Murdered by partner. Occurred 19 days after she applied for an AVO

Some useful acts :)
Bail Amendment 2002 - Presumption against bail for individuals who committed violence and have previously breached an ADVO
Crimes Amendment Act 1982 NSW - Asserted the criminal nature of DV
LEPRA 2002 - Increased police involvement in courts
Family Law Legislation Amendment ( Family Violence and Other Measures Act) 2011 NSW - Broadened the definition of family violence (HUGE amendment)
NSW Family Violence Blueprint - $60 mil package aimed to target perpetrators and support victims
Children and YOung Persons Act 1998 - Requires mandatory report to DOCS if suspected abuse is occurring (teacher see's student with injures etc)
Crimes ( Domestic and personal violence act 2007) - Did something for ADVO's, created a separate act I believe? Someone correct me :P

Great links for Domestic Violence :
http://legalanswers.sl.nsw.gov.au/apprehended-violence-orders/about-avos
http://www.smh.com.au/money/planning/do-you-realise-youre-being-financially-abused-20150812-gixjuc.html - Found that article good for certain quotes. Used it for my assessment on DV and Family Law

Hope this was somewhat helpful and that any students needing help with DV can refer to some cases listed here.

Title: Re: Legal Studies Question Thread
Post by: chelseam on June 09, 2017, 11:45:31 pm
Crimes ( Domestic and personal violence act 2007) - Did something for ADVO's, created a separate act I believe? Someone correct me :P
Not sure if this is correct but I think it set out legislative framework for AVOs, ADVOs? But I know that it defines domestic violence as ‘an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship’ - the changed wording from previous laws broadens the definition of domestic violence to allow same-sex relationships to be included and there's no time limit required :)

Title: Re: Legal Studies Question Thread
Post by: Wales on June 09, 2017, 11:59:56 pm
Not sure if this is correct but I think it set out legislative framework for AVOs, ADVOs? But I know that it defines domestic violence as ‘an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship’ - the changed wording from previous laws broadens the definition of domestic violence to allow same-sex relationships to be included and there's no time limit required :)



It sounds about right :) I din't look too closely into it but it seems like a great amendment to include in law reform essays for DV/Same sex.

Thanks~
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 10, 2017, 03:13:03 pm
Hey! Check out my Family Law Summary Sheets, there are a few good ones there! ;D

Thanks Jamon! I downloaded all your family law notes while I was at it!
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on June 11, 2017, 09:52:52 am
Hi all,

Does anyone have any ideas on how to remember LCMID's, for the HSC exam there will be 3 essays so that means that around 45 LCMIDs will need to be remembered

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 11, 2017, 12:44:14 pm
Hi all,

Does anyone have any ideas on how to remember LCMID's, for the HSC exam there will be 3 essays so that means that around 45 LCMIDs will need to be remembered

Thanks

Just get everything into a really compact form however works best for you! I made summary sheets and lists sort of like these ones (feel free to use them if they help). You could put them into a mindmap/poster if you are a more visual learner. You could even record yourself saying/explaining them if you are an auditory learner. Do what works best for you.

Jake wrote a great guide on how he memorises content :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 11, 2017, 06:56:07 pm
Hello,

Does anyone by any chance have any notes for themes and challenges for family law that they will be willing to share? I couldnt find any on the notes section  :'(

thank you so much  :) :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 11, 2017, 11:26:45 pm
Hello,

Does anyone by any chance have any notes for themes and challenges for family law that they will be willing to share? I couldnt find any on the notes section  :'(

thank you so much  :) :) :) :) :)

Hey! I unfortunately don't have any notes to share here, but just wanted to make sure you know about this guide Elyse wrote on using the themes and challenges. Focused on the core, but could be helpful here ;D
Title: Re: Legal Studies Question Thread
Post by: marcusgrahamm on June 12, 2017, 08:01:11 pm
has anyone got an notes on WORLD ORDER for Syrian and/or Sudan??
Title: Re: Legal Studies Question Thread
Post by: chelseam on June 13, 2017, 08:33:10 pm
Hi! Are war crimes and genocide considered to be crimes against the international community? Or are these all separate categories? Thank you  :)
Title: Re: Legal Studies Question Thread
Post by: Wales on June 13, 2017, 09:54:47 pm
Hi! Are war crimes and genocide considered to be crimes against the international community? Or are these all separate categories? Thank you  :)

You can talk about the international responses and domestic ones. Legal and non legal. That's what I would do
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 13, 2017, 10:02:04 pm
Hi! Are war crimes and genocide considered to be crimes against the international community? Or are these all separate categories? Thank you  :)

Genocide and war crimes would both be crimes against the international community for most purposes - There are no strict definitions of crimes against the international community but those two definitely qualify ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on June 13, 2017, 10:05:26 pm
You can talk about the international responses and domestic ones. Legal and non legal. That's what I would do
Genocide and war crimes would both be crimes against the international community for most purposes - There are no strict definitions of crimes against the international community but those two definitely qualify ;D
Sweet! Thank heaps guys :D
Title: Re: Legal Studies Question Thread
Post by: Wales on June 13, 2017, 10:09:21 pm
Sweet! Thank heaps guys :D

Glad we we're able to help :) Post back your whole essay and we can have a look over it for ya

Goodluck!
Title: Re: Legal Studies Question Thread
Post by: ash_mcalpine on June 14, 2017, 07:50:19 pm
Hey, I received an essay question on the Shelter topic "With specific reference to homelessness. Analyse the barriers to achieving justice in the provisions of shelter" now I get because it's a option info might be limited but i'm quite stumped on where to start so any pointers would be great! 
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 15, 2017, 10:26:03 am
hey guys!
I'm doing family law right now and I was just wondering that besides the right to not marry, is there rights that same-sex couples don't that heterosexual couples do have? I've been researching heaps on adoption and inheritance and areas like this but from what I can gather everything is pretty consistent besides the right to marriage. Is there anything I'm missing as I need to write an essay on the responsiveness of the law in achieving justice for family members? Any help would be heaps appreciated!!
Title: Re: Legal Studies Question Thread
Post by: camillablome on June 15, 2017, 05:17:26 pm
Hi,
Just wondering if you think you should structure crime essays by cases- every paragraph is a new case and you introduce ideas/ legal concepts through the cases?
Thankyou!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on June 15, 2017, 06:09:00 pm
Question about non-legal responses
Hey guys!
I have a legal essay to do, with the question being "evaluate the effectiveness of legal and non-legal responses of contemporary family issues"
Just asking, what are some non-legal responses besides the media, and also is the Australian Human Rights Commission a legal or non-legal response (as it is independent of the government but still a statutory body)?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 15, 2017, 09:04:29 pm
hey guys!
I'm doing family law right now and I was just wondering that besides the right to not marry, is there rights that same-sex couples don't that heterosexual couples do have? I've been researching heaps on adoption and inheritance and areas like this but from what I can gather everything is pretty consistent besides the right to marriage. Is there anything I'm missing as I need to write an essay on the responsiveness of the law in achieving justice for family members? Any help would be heaps appreciated!!

Hey Maria! I'm fairly sure (from memory) that many of the rights are now pretty close to equalised through legislation amendments, my essays in Legal for same sex relationships were quite appraising of the legal systems response, always finishing with a big breakdown of the marriage equality issue as the final lasting failure. I could be wrong, but it is definitely close to an equal playing field in terms of legal entitlements (happy to be corrected by those more knowledgeable) ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 15, 2017, 09:07:14 pm
Hi,
Just wondering if you think you should structure crime essays by cases- every paragraph is a new case and you introduce ideas/ legal concepts through the cases?
Thankyou!

That is definitely one way to do it! I did a few of my World Order essays like this, it can definitely work very very well! ;D if you think it will work for you, go for it, just be sure that you are constantly evaluating and not just restating case details! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 15, 2017, 09:08:29 pm
Question about non-legal responses
Hey guys!
I have a legal essay to do, with the question being "evaluate the effectiveness of legal and non-legal responses of contemporary family issues"
Just asking, what are some non-legal responses besides the media, and also is the Australian Human Rights Commission a legal or non-legal response (as it is independent of the government but still a statutory body)?

Hey! AHRC would be a legal response as a statutory body ;D as for non-legal responses, think charitable organisations and other NGO's - Those are a big non-legal response. Also consider the media more broadly, such as documentaries! ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 15, 2017, 11:21:16 pm
Hey Maria! I'm fairly sure (from memory) that many of the rights are now pretty close to equalised through legislation amendments, my essays in Legal for same sex relationships were quite appraising of the legal systems response, always finishing with a big breakdown of the marriage equality issue as the final lasting failure. I could be wrong, but it is definitely close to an equal playing field in terms of legal entitlements (happy to be corrected by those more knowledgeable) ;D
Thanks so much Jamon! I think I'm taking the same approach in terms of appraising the law and then do a chunky paragraph on the marriage issue as everything else seems to add up.
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on June 16, 2017, 07:57:45 pm
For Consumers option, does anyone have any good cases for the media response to consumer law for an essay qestion
Title: Re: Legal Studies Question Thread
Post by: Angela Karanikolas on June 17, 2017, 01:32:37 pm
Hi Guys,
Does anyone have any cases that could relate to the care and protection of children.
They can be from any year as long as they were in Australia.

Thank you all.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on June 17, 2017, 06:14:42 pm
Hi Guys,
Does anyone have any cases that could relate to the care and protection of children.
They can be from any year as long as they were in Australia.

Thank you all.

The Keisha Abrahams case comes to mind straight away? Both the case of her murder but also the discussion surrounding the care she was in leading up to her death!
Title: Re: Legal Studies Question Thread
Post by: Angela Karanikolas on June 17, 2017, 07:02:38 pm
The Keisha Abrahams case comes to mind straight away? Both the case of her murder but also the discussion surrounding the care she was in leading up to her death!

Thank you so much Elyse, this will be super helpful!
If anymore come to mind be sure to send them over.
Thank you again.
Title: Re: Legal Studies Question Thread
Post by: damecj on June 18, 2017, 10:31:06 pm
Hey,
I was just wondering if you can use a R2P as a legal method in a Legal and Non legal method essay? Thanks
Title: Re: Legal Studies Question Thread
Post by: Angela Karanikolas on June 18, 2017, 11:09:31 pm
Hey All,
For my topic of care and protection of children does anyone know of/have any legislations (reformed would be extra useful) that support or mention the topic within it.

Thank you
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 18, 2017, 11:13:29 pm
Hey,
I was just wondering if you can use a R2P as a legal method in a Legal and Non legal method essay? Thanks

Hey! You definitely can, it is a legal thing, you can reference how it has been seen in the UN response to world order issues! ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 18, 2017, 11:18:34 pm
Hey All,
For my topic of care and protection of children does anyone know of/have any legislations (reformed would be extra useful) that support or mention the topic within it.
Thank you

Hey hey! I've got my Family Law Summary Sheets available in the Notes section, they'll have a few useful bits and pieces for that section of the syllabus! ;D
Title: Re: Legal Studies Question Thread
Post by: CaitlinSavins on June 19, 2017, 10:40:57 am
I have an in-class essay response to a seen question tomorrow on Shelter law, and I'm just writing a draft essay in preparation. Could someone please review my introduction? We've only gotten up to Leasing. It's a 25 mark question, too.

Question: Outline the process of securing shelter and assess the role of the legal system in protecting those securing and providing shelter.

Shelter refers to a fixed environment offering protection from weather and danger, and, under the Universal Declaration of Human Rights (1948) Article 25, is considered a human right. The Australian legal system has the responsibility to legislate protections for those seeking and providing shelter into law, and does so reasonably skilfully in regards to contract and tenancy laws. In protecting both landlords and vendors in comparison with tenants and buyers, the protections should be, and are, well appraised, as the law must balance the rights of both procurers and providers of shelter.
Title: Re: Legal Studies Question Thread
Post by: Angela Karanikolas on June 19, 2017, 11:21:19 am
Hey hey! I've got my Family Law Summary Sheets available in the Notes section, they'll have a few useful bits and pieces for that section of the syllabus! ;D

Thank you so much Jamon,
I will check them out. Anything is useful so thank you so much.
Title: Re: Legal Studies Question Thread
Post by: SSSS on June 20, 2017, 05:28:35 pm
Hey Guys, we just sat an in class essay for world order and I only had one form of evidence in my essay. Am I automatically out of the two bands? Personally I thought it was a good essay, but it just didn't have enough evidence and also some pointsa didn't have a judgement sentence. Where would my mark range?Thanks!
Title: Re: Legal Studies Question Thread
Post by: Wales on June 20, 2017, 06:32:54 pm
Hey Guys, we just sat an in class essay for world order and I only had one form of evidence in my essay. Am I automatically out of the two bands? Personally I thought it was a good essay, but it just didn't have enough evidence and also some pointsa didn't have a judgement sentence. Where would my mark range?Thanks!

That's a bit vague :( Do you mean by only 2 cases, law reforms etc throughout your entire essay?

The judgement is the crux to an legal essay. It's what your entire essay is based on. If you do not make a judgement that automatically puts you down a bit. I'd have to see the essay to judge but I sorry to say I wouldn't be expecting anything in the Band 6 range :(

Why did you think it was a good essay? What points did you think you did well?
Title: Re: Legal Studies Question Thread
Post by: SSSS on June 20, 2017, 06:51:36 pm
Yeah only two cases, and it wasn't throughout. I did make judgements, but I didn't sum it up at the end except for the last point. I thought it was a good essay because I addressed all aspects of the question and my arguement was there, but the problem is it isn't supported through evidence.
Title: Re: Legal Studies Question Thread
Post by: Wales on June 20, 2017, 07:06:36 pm
Yeah only two cases, and it wasn't throughout. I did make judgements, but I didn't sum it up at the end except for the last point. I thought it was a good essay because I addressed all aspects of the question and my arguement was there, but the problem is it isn't supported through evidence.

You really do have to back anything you say with evidence otherwise it may not be valid. Hopefully you still do decent though.

I would write up a practice essay now and practice doing that. It'll definitely help you later on :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 22, 2017, 08:55:57 pm
Heyy Fam!

I was wondering if anyone has every been so organised that they have made a whole case/news article/ legislation document for Family Law they are willing to share and help a friend out? I have used the ones on the notes section but sorta need some more that also do explain a tad what each article/ case/ legisaltion is about. I normally am a tad more organized it is hust this has been a hectic week of assessments and my legal test is on monday so i dont have enough time to start writing and researching

My email is [email protected]
Your help is really appreciated

Thank you heaps in advance :) :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on June 22, 2017, 10:25:01 pm
Hi GUYS,

I just had a question, how does the lack of a concrete definition for Indigenous peoples cause injustice? Shouldn't it be good, that their is a lack of definition so that there is a more broad set of criteria to allow more people to identify as Aboriginal??

Thanks
Title: Re: Legal Studies Question Thread
Post by: Wales on June 23, 2017, 05:35:26 pm
Heyy Fam!

I was wondering if anyone has every been so organised that they have made a whole case/news article/ legislation document for Family Law they are willing to share and help a friend out? I have used the ones on the notes section but sorta need some more that also do explain a tad what each article/ case/ legisaltion is about. I normally am a tad more organized it is hust this has been a hectic week of assessments and my legal test is on monday so i dont have enough time to start writing and researching

My email is [email protected]
Your help is really appreciated

Thank you heaps in advance :) :) :) :) :)

I posted a fair few laws lists for Domestic Violence/Family Law a bit earlier. It's a page or two ago.

I think my teachers given me a booklet, if I remember I'll check and update you on it. There's a notes section ( https://atarnotes.com/note/legal-studies-cases/ ) and that was there. It gives a overview of select law reforms as well :)

Title: Re: Legal Studies Question Thread
Post by: Wales on June 23, 2017, 05:37:34 pm
Hi GUYS,

I just had a question, how does the lack of a concrete definition for Indigenous peoples cause injustice? Shouldn't it be good, that their is a lack of definition so that there is a more broad set of criteria to allow more people to identify as Aboriginal??

Thanks

I'm a bit uncertain but a lack of definition may also promote false people trying to claim indigenous rights hence injustice. A vague and lacking definition creates grey areas in the law people will tend to abuse.

That's what I see anyway :) Hopefully it helps.
Title: Legal Studies Question Thread
Post by: emilybrooks99 on June 24, 2017, 12:22:41 am
I've got my legal trial exam next week and I'm preparing an essay for one of our long responses. We were given one of the questions so I'd like to be as prepared as possible with it so I can ace it.

The question is "Evaluate the effectiveness of the law in dealing with issues related to birth technologies and surrogacy."

If anyone has any input as to how it would be best to structure it, which effectiveness criteria applies best, important cases, legislation or statistics, it would be greatly appreciated!

Also, does anyone know of any cases relating to same-sex marriage (or anything to do with same-sex relationships), as I'm having a hard time find many.

Thank you!

Mod Edit: Post merge :)
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on June 25, 2017, 09:30:50 pm
Hi Guys,

I just had a basic question in regards to legal essays, when the question talks about the 'effectivness of the law' or the ability of the 'law', what it the 'law' referring to? is it just international and domestic legislation or can it include legal mechanisms as well? like international mechanisms such as the ICJ and UN Bodies?

Thanks
Title: Re: Legal Studies Question Thread
Post by: kmiller on June 26, 2017, 04:50:14 pm
Hey!

The legal studies faculty at my school isn't the strongest but I really love the subject, I was wondering if anyone had some tips on how to prepare myself for the trials (and further exams) when we aren't given much beyond what's in the textbook in class?

Thanks so much! xx
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 26, 2017, 08:43:59 pm
Hello everyone!

I was wondeirng if someone could please help me answer the following "student learn to"

- discuss the difficulty of defining ‘family’ and the changing concepts of family
- distinguish between state and federal jurisdiction in family law
 and
-outline the legal processes involved in dealing with problems in family relationships


Thank you so much in advance.
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 26, 2017, 08:44:59 pm
I posted a fair few laws lists for Domestic Violence/Family Law a bit earlier. It's a page or two ago.

I think my teachers given me a booklet, if I remember I'll check and update you on it. There's a notes section ( https://atarnotes.com/note/legal-studies-cases/ ) and that was there. It gives a overview of select law reforms as well :)




Thanks sooo much Wales! Really appreciate your help
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 26, 2017, 08:59:47 pm
I've got my legal trial exam next week and I'm preparing an essay for one of our long responses. We were given one of the questions so I'd like to be as prepared as possible with it so I can ace it.

The question is "Evaluate the effectiveness of the law in dealing with issues related to birth technologies and surrogacy."

If anyone has any input as to how it would be best to structure it, which effectiveness criteria applies best, important cases, legislation or statistics, it would be greatly appreciated!

Thank you!

Hey Emily! Sorry for the late reply - Let me link you my summary sheets for Legal which include a page of evidence for surrogacy and birth technologies! In honesty, it's not the bit of Family Law I was best at, but hopefully it helps! :)

I'd structure it one of two ways:
- Case by case, examining the legal response holistically to specific issues/groups of issues concerning the topic.
- Response by response (Laws, Cases, etc all with their own paragraph)

The former would be my preferred approach for this question, but both would work! ;D

Does anyone know of any cases relating to same-sex marriage (or anything to do with same-sex relationships), as I'm having a hard time find many.
Thanks

Those sheets I linked you above have a heap of evidence for this part of Family Law ;D


Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 26, 2017, 09:01:38 pm
Hi Guys,

I just had a basic question in regards to legal essays, when the question talks about the 'effectivness of the law' or the ability of the 'law', what it the 'law' referring to? is it just international and domestic legislation or can it include legal mechanisms as well? like international mechanisms such as the ICJ and UN Bodies?

Thanks

Hey! It definitely refers to the legal response holistically - Legislation, treaties, judicial response, reports, media, all that evidence is relevant. So yep, that includes the legal mechanisms you've listed ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 26, 2017, 09:02:32 pm
hello again,

I was wondering if anyone had some good words to use in essay when evaluating the effectiveness of something/ the law

my limited vocab only has
- limited effectiveness
- significantly effective

Yeah i need more words to describe the effectiveness
thanks sooo much  :) :) :) :) :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 26, 2017, 09:06:47 pm
Hey!

The legal studies faculty at my school isn't the strongest but I really love the subject, I was wondering if anyone had some tips on how to prepare myself for the trials (and further exams) when we aren't given much beyond what's in the textbook in class?

Thanks so much! xx

Hey kmiller! Love that you love Legal, it's such a cool subject ;D

I'll link you to our Legal Studies Mega Thread which has a whole bunch of helpful information, advice and useful articles on Legal Studies content, taking exams, studying, all that sort of good stuff. I'm sure there will be useful stuff there :)

I'd advise you to do revision with your textbook, in conjunction with any other resources at your disposal, ideally creating a good summary of the content in note form, palm card form, poster form - Whatever you like. Or you could use some of the free downloadable ones I linked you above if you prefer. Then focus on doing practice questions, HSC Papers or Trials as you see fit!

Get feedback on your work often! I can mark your essays for Legal right here, you just need to post around on the site a bit more (15 posts per essay ;D). I state ranked it, so I'll be able to give you an idea of whether or not you are heading in the right direction :)

Best of luck! ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 26, 2017, 09:24:04 pm
Hello everyone!

I was wondeirng if someone could please help me answer the following "student learn to"

Sure thing!! The thing with Family is that you only have to write an essay - Facts and dates aren't as vital as understanding the sorts of arguments and issues each dot point is alluding to...

Quote
- discuss the difficulty of defining ‘family’ and the changing concepts of family

Look at Family defined now versus the 1950's. We've gone from the Nuclear Family to a much broader spectrum of households and relationships. Same sex marriage, birth technologies, multiculturalism - All contributors. The law needs to be able to adapt in a timely way to respond to these emerging 'gaps' in the legal response.

Quote
- distinguish between state and federal jurisdiction in family law

Really, Family Law is a primarily federal matter. Domestic violence is handled by the states, as one example of an exemption? :)

Quote
-outline the legal processes involved in dealing with problems in family relationships

In essays this would primarily be discussing the Family Court of Australia! If you are looking for some useful evidence to use, check out the Family Court website ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 26, 2017, 09:34:31 pm
hello again,

I was wondering if anyone had some good words to use in essay when evaluating the effectiveness of something/ the law

my limited vocab only has
- limited effectiveness
- significantly effective

Yeah i need more words to describe the effectiveness
thanks sooo much  :) :) :) :) :) :) :) :)

It would be helpful to link your words to specifically what you are saying about the mechanism/response. So, saying it is quick? Say it is responsive. Want to say everyone can use it equally? Say accessible! A mechanism that everyone has to listen to? Enforceable. These link to the Year 11 effectiveness criteria and it works extremely well ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 28, 2017, 01:38:14 pm
hey guys

I was wondering for a fmaily law reform essay how should i structure it?
Do you do one paragraph per legislation that has reformed or one part of the law that has changed and then talk about the legislation changing etc
I've confused myself heaps lol

Thanks sooo much fam! :))
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 28, 2017, 02:52:50 pm
hey guys

I was wondering for a fmaily law reform essay how should i structure it?
Do you do one paragraph per legislation that has reformed or one part of the law that has changed and then talk about the legislation changing etc
I've confused myself heaps lol

Thanks sooo much fam! :))

Hey! There's not really a golden standard here, it is much to your preference. Personally, I'd probably examine it issue by issue (EG - same sex law reform, birth technology law reform, domestic violence law reform), and in each paragraph cover things like legislation, case studies, statistics, reports and media articles. Basically giving a complete evaluation of the law's response to the issue, in a holistic sense ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on June 29, 2017, 06:26:41 am
hey everyone

I was wondering for an essay quesiton on relationship breaksdowns - is it okay to talk about domestic violence or is that not included under relationship breakdowns. I've been slightly confused over this sections

Thank you so much! :) :) :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 29, 2017, 11:17:46 am
hey everyone

I was wondering for an essay quesiton on relationship breaksdowns - is it okay to talk about domestic violence or is that not included under relationship breakdowns. I've been slightly confused over this sections

Thank you so much! :) :) :)

Hey! I always included domestic violence in questions about relationship breakdowns - You just have to include something in the Thesis paragraph saying like, "The law has a responsibility to protect the rights of all parties involved in relationship breakdowns, particularly where those breakdowns involve domestic violence." It is a bit of a stretch admittedly, but DV was my best family law topic so I always tried to write about it where I could ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on June 29, 2017, 09:04:19 pm
hey guys!
Right now I'm trying to gather media files and cases for trials and I'm looking through the themes and challenges and the first one for crime is issues of compliance and non-compliance. I was looking through past trial papers and this theme and challenge was the 15 marker. Does this mean I can virtually use any crime case? Or am I not thinking this through enough? Thanks in advance!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on June 30, 2017, 12:10:35 am
hey guys!
Right now I'm trying to gather media files and cases for trials and I'm looking through the themes and challenges and the first one for crime is issues of compliance and non-compliance. I was looking through past trial papers and this theme and challenge was the 15 marker. Does this mean I can virtually use any crime case? Or am I not thinking this through enough? Thanks in advance!!

Hey! So compliance/non-compliance is to do with how well the law encourages people to, well, follow the law. It is to do with sentencing/punishments primarily, but really, it is a very wholistic theme. So yeah, you pretty much can use any case!! ;D

Elyse wrote a great guide on the themes and challenges you can read!
Title: Re: Legal Studies Question Thread
Post by: chelseam on July 01, 2017, 12:49:37 am
Hi! Does anyone have any recommendations and tips on how to integrate media reports into responses? I feel like I sound a bit awkward whenever I try to fit in a quote as evidence/to support my argument :P. Thank you! :D
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 01, 2017, 01:11:57 am
Hi! Does anyone have any recommendations and tips on how to integrate media reports into responses? I feel like I sound a bit awkward whenever I try to fit in a quote as evidence/to support my argument :P. Thank you! :D

I would use media reports in the form of quotes to reinforce your argument/judgement of the topic.

For example, this is an extract from my recent essay/exam on world order:

...thus highlighting the failure of the UN at resolving the Syrian conflict due to the issue of veto power and conflicts of interest between the perm-5. The ineffectiveness is evident among most people with one Syrian doctor commenting, "Without action, the UN has given a green light to destroy this city." (SMH 2016). Ultimately, the power of veto possessed by the perm-5 severely hinders and paralyses...

This is how I use it in my essays. The media is really easy to adapt for Crime, Human Rights, and World Order; not sure about the others.
Hope this helps ;)
Title: Re: Legal Studies Question Thread
Post by: chelseam on July 01, 2017, 01:21:38 am
This is how I use it in my essays. The media is really easy to adapt for Crime, Human Rights, and World Order; not sure about the others.
Hope this helps ;)
Thank you so much! This is really helpful (as always!) ;D
Title: Re: Legal Studies Question Thread
Post by: Wales on July 01, 2017, 09:04:46 pm
Ey Legal Eagles :D

I'm currently preparing for my trials and am planning to draft up an Shelter essay.

Unfortunately my teacher went on leave and has left us to teach ourselves Shelter so I don't feel extremely confident in writing an essay quite yet.

Are there any exemplar Shelter Essays out there? I've looked in notes but cannot find anything. Would be greatly appreciated!

Regards, Wales
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on July 02, 2017, 06:10:37 pm
Hi all  :)
Just have a few concerns for Family for the the trials and would appreciate any opinions/thoughts anyone has!
The structure of the options confuse me a bit because obviously you are ultimately preparing for an essay - but an the beginning of Family especially there is so much background information, especially in terms of requirements of a legal marriage, alternate family relationships, etc.

Other than providing a basis for more evaluative topics such as relationship breakdowns and contemporary issues such as same sex couples, is it worth knowing a lot of this factual information? I am confused as to how I could integrate information such as an alternate family relationship into an essay they could ask. The only way I could think is to acknowledge the changing definitions of family more generally, and thus arguing the need for reform etc. Does this sound reasonable?

Thank you ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 02, 2017, 08:08:21 pm
Hi all  :)
Just have a few concerns for Family for the the trials and would appreciate any opinions/thoughts anyone has!
The structure of the options confuse me a bit because obviously you are ultimately preparing for an essay - but an the beginning of Family especially there is so much background information, especially in terms of requirements of a legal marriage, alternate family relationships, etc.

Other than providing a basis for more evaluative topics such as relationship breakdowns and contemporary issues such as same sex couples, is it worth knowing a lot of this factual information? I am confused as to how I could integrate information such as an alternate family relationship into an essay they could ask. The only way I could think is to acknowledge the changing definitions of family more generally, and thus arguing the need for reform etc. Does this sound reasonable?

Thank you ;D

Hey Rachel! Good job for noticing this - For Family, a lot of that initial information is very much useless. Besides laying groundwork for potential essay topics, you won't need it - You won't be regurgitating those facts/definitions in an essay. You'll be too busy evaluating/analysing ;D the example you've given is exactly the scenario you need it for, to access and understand the essays on the topics that come later :)

If other Options have a similar structure, I'd wager they would be the same!
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on July 03, 2017, 04:36:04 pm
Hey Rachel! Good job for noticing this - For Family, a lot of that initial information is very much useless. Besides laying groundwork for potential essay topics, you won't need it - You won't be regurgitating those facts/definitions in an essay. You'll be too busy evaluating/analysing ;D the example you've given is exactly the scenario you need it for, to access and understand the essays on the topics that come later :)

If other Options have a similar structure, I'd wager they would be the same!

Awesome thank you :)
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 03, 2017, 09:20:26 pm
Ey Legal Eagles :D

I'm currently preparing for my trials and am planning to draft up an Shelter essay.

Unfortunately my teacher went on leave and has left us to teach ourselves Shelter so I don't feel extremely confident in writing an essay quite yet.

Are there any exemplar Shelter Essays out there? I've looked in notes but cannot find anything. Would be greatly appreciated!

Regards, Wales

Hey mate,

I too did Shelter for my elective and I totally feel your struggle, my teacher set us a hand in assignment when we hadn't even started shelter and just printed the textbook chapter for each of us. It was definitely a struggle and sine it's not a common elective, there are not many resources online for it.

What part of the syllabus is your essay focusing on? Mine was on discrimination, PM me and I can send you my essay since it may take a while if i upload it to the notes section now.

Finding LCM for shelter is a little challenging but totally doable, for example did you catch the recent documentary on SBS Filthy Rich and Homeless which was a social experiment placing 5 super rich Australians in the streets to raise awareness of homelessness. So there are definitely some out there, but importantly, find a direction that you want to take with this essay, what parts of the syllabus you will focus on and the stance you will take for each.

Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 05, 2017, 10:35:05 pm
Hello, everyone! :D :D :D :D

I was wondering if you could please help me answer the following questions for world order?

- draw a timeline for the development of world order
- comment on the effectiveness of each of these developments

I tried looking in the textbook but there is legit only the league of nations and UN and I couldn't really find anything on the effectiveness of these developments.

Thank you so much and I hope that makes sense :))
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 06, 2017, 01:22:22 am
Hello, everyone! :D :D :D :D

I was wondering if you could please help me answer the following questions for world order?

- draw a timeline for the development of world order
- comment on the effectiveness of each of these developments

I tried looking in the textbook but there is legit only the league of nations and UN and I couldn't really find anything on the effectiveness of these developments.

Thank you so much and I hope that makes sense :))

Hi!! :)
There are plenty of historical world order examples you can use:
-Treaty of Westphalia 1648: Series of peace treaties that established state sovereignty and ended European religion wars.
-Hague Conventions 1899/Geneva Conventions: Rules of war.
-Nuremberg Trials 1945-1946: Making those Nazis pay for what they did.
-Rome Statute and the International Criminal Court.
-ICTR, ICTY: Genocide tribunals for Rwanda/Yugoslavia.
-Treaty of Versailles 1919: Ended WW1, brought the League of Nations.

The League of Nations was somewhat effective to bring nations together, but fucked up when WW2 started.
This brought us the UN, which is somewhat effective in interventions like in Kosovo, but is still crap because of its veto power to the perm-5. The veto power has made Syria untouchable because Russia/China always ruin it for everyone because of their conflicts of interest.
The UN , however, did bring us the UDHR, ICCPR, ICESCR, etc, which is good.

Hope this helps ;)

Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 06, 2017, 10:45:49 am
Hi!! :)
There are plenty of historical world order examples you can use:
-Treaty of Westphalia 1648: Series of peace treaties that established state sovereignty and ended European religion wars.
-Hague Conventions 1899/Geneva Conventions: Rules of war.
-Nuremberg Trials 1945-1946: Making those Nazis pay for what they did.
-Rome Statute and the International Criminal Court.
-ICTR, ICTY: Genocide tribunals for Rwanda/Yugoslavia.
-Treaty of Versailles 1919: Ended WW1, brought the League of Nations.

The League of Nations was somewhat effective to bring nations together, but fucked up when WW2 started.
This brought us the UN, which is somewhat effective in interventions like in Kosovo, but is still crap because of its veto power to the perm-5. The veto power has made Syria untouchable because Russia/China always ruin it for everyone because of their conflicts of interest.
The UN , however, did bring us the UDHR, ICCPR, ICESCR, etc, which is good.

Hope this helps ;)



omg legend!. Thanks so much. you helped me soo much :))
Title: Re: Legal Studies Question Thread
Post by: claudiarosaliaa on July 06, 2017, 09:08:29 pm
Hey, I have to write an essay on Care and Protection of Children for Family Law for the trial exam and my teacher refuses to give advice or read any practice responses. I was wondering, in your option, what the best 3 topics to discuss are in an Care and Protection essay? Thank you :)

Also (sorry I forgot to ask in my last post), can someone explain how the ICC is a law reform?

Mod edit: Merged double post.
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 06, 2017, 09:34:22 pm
Hey, I have to write an essay on Care and Protection of Children for Family Law for the trial exam and my teacher refuses to give advice or read any practice responses. I was wondering, in your option, what the best 3 topics to discuss are in an Care and Protection essay? Thank you :)

Also (sorry I forgot to ask in my last post), can someone explain how the ICC is a law reform?

Mod edit: Merged double post.

Hi! I haven't done Family Law, but I can answer your second question.
The International Criminal Court is an example of law reform because it was established to prosecute those who commit crimes against humanity and mass atrocities. History has seen many genocides and war crimes where there was no permanent body to deal with these situations. WW2, Rwandan genocide, the Yugoslav/Bosnian genocide all had ad hoc tribunals: Nuremberg Trials, ICTR, and ICTY respectively.
The ICC was established under the Rome Statute as an international initiative to deter and prosecute those who are going to or have committed these atrocities. It can also hold individuals rather than states accountable, such as the Katanga and Milosevic cases.
Hence, it is regarded as law reform as we do not want future occurrences of what has happened previously.
Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: claudiarosaliaa on July 06, 2017, 09:46:02 pm
Hi! I haven't done Family Law, but I can answer your second question.
The International Criminal Court is an example of law reform because it was established to prosecute those who commit crimes against humanity and mass atrocities. History has seen many genocides and war crimes where there was no permanent body to deal with these situations. WW2, Rwandan genocide, the Yugoslav/Bosnian genocide all had ad hoc tribunals: Nuremberg Trials, ICTR, and ICTY respectively.
The ICC was established under the Rome Statute as an international initiative to deter and prosecute those who are going to or have committed these atrocities. It can also hold individuals rather than states accountable, such as the Katanga and Milosevic cases.
Hence, it is regarded as law reform as we do not want future occurrences of what has happened previously.
Hope this helps :)

Thank you! That really cleared everything up for me :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 06, 2017, 11:29:41 pm
Hey, I have to write an essay on Care and Protection of Children for Family Law for the trial exam and my teacher refuses to give advice or read any practice responses. I was wondering, in your option, what the best 3 topics to discuss are in an Care and Protection essay? Thank you :)

On the first part of your question, it really depends on how you structure! You could structure it around cases, or you could do it around different responses (legislation, judicial response, international response, etc). A few things you should definitely include:

- CROC, if you do an essay on this topic without this treaty you've done something wrong ;)
- Children and Young Person’s (Care and Protection) Act 1998 (NSW), very important law in this topic
- Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth.), which overlaps with the changing nature of parental responsibility
- The role of Family and Community Services (FACS)

Just a few ideas ;D
Title: Re: Legal Studies Question Thread
Post by: Maddiigracee on July 08, 2017, 02:16:47 pm
Does anyone have a good bank of legal studies questions? I am specifically looking for HR questions from trials or made up questions, not really HSC questions.
Thank you
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 08, 2017, 03:30:28 pm
Does anyone have a good bank of legal studies questions? I am specifically looking for HR questions from trials or made up questions, not really HSC questions.
Thank you

Hey Maddi! There a few Trial papers at this link, it isn't a huge collection but hopefully it helps a little! ;D
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on July 09, 2017, 09:32:51 am
Hey guys!
Just wondering if you believe abortion is a relevant topic for any family law questions? I was just looking into it and not really sure if it can be categorised under Surrogacy and Birth Technologies.
Thanks  :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 09, 2017, 10:38:16 am
Hey guys!
Just wondering if you believe abortion is a relevant topic for any family law questions? I was just looking into it and not really sure if it can be categorised under Surrogacy and Birth Technologies.
Thanks  :D

Hey! You could probably work it in to a broader essay on Family Law, but you're right - Not really something they can specifically ask in an essay ;D
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 09, 2017, 05:52:01 pm
Hi! Just wondering how do you study for legal?? I can't seem to find a lot of trial paper pasts so I don't know how to practice.
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: claudiarosaliaa on July 09, 2017, 07:18:39 pm
On the first part of your question, it really depends on how you structure! You could structure it around cases, or you could do it around different responses (legislation, judicial response, international response, etc). A few things you should definitely include:

- CROC, if you do an essay on this topic without this treaty you've done something wrong ;)
- Children and Young Person’s (Care and Protection) Act 1998 (NSW), very important law in this topic
- Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth.), which overlaps with the changing nature of parental responsibility
- The role of Family and Community Services (FACS)

Just a few ideas ;D


Thanks Jamon,

I've decided to discuss the role of FaCS, the FLA in relation to protecting children from Family Violence and Children in Immigration Detention. Obviously, the overlying idea in all the paragraphs is as to whether the Commonwealth and State governments have obliged or breached 'best interests of the child' responsibilities under CROC. Does that sound like a well-rounded group of ideas to discuss?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 09, 2017, 09:44:08 pm
Hi! Just wondering how do you study for legal?? I can't seem to find a lot of trial paper pasts so I don't know how to practice.
Thanks :)

You name it, we've got a guide on it ;)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 09, 2017, 09:45:07 pm

Thanks Jamon,

I've decided to discuss the role of FaCS, the FLA in relation to protecting children from Family Violence and Children in Immigration Detention. Obviously, the overlying idea in all the paragraphs is as to whether the Commonwealth and State governments have obliged or breached 'best interests of the child' responsibilities under CROC. Does that sound like a well-rounded group of ideas to discuss?

I think that sounds like a great set! Lets you cover a variety of aspects of the law - Good picks ;D
Title: Re: Legal Studies Question Thread
Post by: sweetxpple on July 10, 2017, 01:51:03 pm
Hi !

For Human Rights, for Australian responses (such as statue law), could i write about the recent crackdown on child sex tourism by introducing statue law (amendment ) that will have Australian paedophiles' passports cancelled and right to travel revoked. I'm not sure about it because its related to CROC article 34 & childrens right, but it doesnt really relate to human rights WITHIN Australia?

thanks!!
Title: Re: Legal Studies Question Thread
Post by: Maddiigracee on July 10, 2017, 09:41:29 pm
Thanks Jamon! Its definitely enough for now.

Hi! Just wondering how do you study for legal?? I can't seem to find a lot of trial paper pasts so I don't know how to practice.
Thanks :)

I find getting questions from teachers or looking at my study notes and trying to come up with possible questions they could ask (either for singular dot points or combined dot points) really helpful.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 10, 2017, 10:17:39 pm
Hi !

For Human Rights, for Australian responses (such as statue law), could i write about the recent crackdown on child sex tourism by introducing statue law (amendment ) that will have Australian paedophiles' passports cancelled and right to travel revoked. I'm not sure about it because its related to CROC article 34 & childrens right, but it doesnt really relate to human rights WITHIN Australia?

thanks!!

I think this works! As long as you draw a clear link between child sex offences and breaches of human rights (you'd easily be able to link to stuff in the ICCPR), then that is a nice inclusion ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 11, 2017, 08:44:30 pm
Hey guys

So basically for the last weeks of family law, my teacher was hella sick and we couldn't go through the contemporary issues for family law. :(
I was wondering if anyone had any good notes or other ways/info etc i can learn the 4 issues, please? I have summarized my textbook but like i haven't like been able to like analyze stuff etc without teacher support you get me?

thanks so many guys. I've been pulling my hair out trying to learn these issues as i struggle to absorb them

your help is much appreciated :) :) :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 12, 2017, 12:49:03 am
Hey guys

So basically for the last weeks of family law, my teacher was hella sick and we couldn't go through the contemporary issues for family law. :(
I was wondering if anyone had any good notes or other ways/info etc i can learn the 4 issues, please? I have summarized my textbook but like i haven't like been able to like analyze stuff etc without teacher support you get me?

thanks so many guys. I've been pulling my hair out trying to learn these issues as i struggle to absorb them

your help is much appreciated :) :) :) :) :) :)

Hey! Since all you need to be able to do for those issues is write an essay on them, you are best to approach it in an evidence focused way. Examine key bits of legislation and cases using a good set of notes, and go from there. My summary sheets might help ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 12, 2017, 06:24:09 pm
Hey! Since all you need to be able to do for those issues is write an essay on them, you are best to approach it in an evidence focused way. Examine key bits of legislation and cases using a good set of notes, and go from there. My summary sheets might help ;D

Thanks sooo much Jamon! :) your sheets are actually really good
Thanks once again :D
Title: Re: Legal Studies Question Thread
Post by: JD99 on July 13, 2017, 12:58:25 pm
Would somebody be able to give me some direction on how to answer a question on issues of compliance and non-compliance in relation to human rights??
I'm a bit lost as to where to start...  :-\

Thanks!!  :) :)
Title: Re: Legal Studies Question Thread
Post by: claudiarosaliaa on July 13, 2017, 08:12:49 pm
Anyone have any other great words for "effectiveness"? I feel like I'm constantly repeating myself :( Thank you! 
Title: Re: Legal Studies Question Thread
Post by: clareyeung5 on July 13, 2017, 09:31:36 pm
Hi Elyse!

Your lecture was so helpful today!! Our trial notification (i think our school makes our trials) says this:

Family Law - choice of oNE essay from TWO
- Compliance/ Non Compliance (ADVOS, FDR, Parental orders, child support, property distribution after separation, care protection of children)
-Care and protection of children (FACS/ Wood inquiry, Children's court, open adoption, family violence etc etc
-Changing values (divorce, parental responsibility etc etc)

Isnt that just the entire syllabus and would need to study everything ? Or would there be an easier way preparing for this?
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 13, 2017, 09:52:41 pm
Would somebody be able to give me some direction on how to answer a question on issues of compliance and non-compliance in relation to human rights??
I'm a bit lost as to where to start...  :-\

Thanks!!  :) :)

Hi! So questions like these typically focus on the global instruments for promoting human rights, the bodies that are designed to punish/resolve breaches in these rights, and things that impede on human rights.
Things you can talk about include: UN/EU/NATO, International Bill of Rights (UDHR, ICCPR, ICESCR), NGOs, state sovereignty, mutual government respect for human rights, and Australia's efforts in promoting and enforcing human rights - our constitution, etc.
There are many things you can write about, and I would definitely talk about state sovereignty being a major non-compliance issue.

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 14, 2017, 10:27:56 am
Would somebody be able to give me some direction on how to answer a question on issues of compliance and non-compliance in relation to human rights??
I'm a bit lost as to where to start...  :-\

Thanks!!  :) :)

I'm just going to add to the wonderful answer given directly above me here! Thanks MisterNero :)

So, a concept to really remember here is that one of the most difficult tensions when dealing with human rights is between encouraging and maintaining compliance, but also about how and why nation states are allowed to non-comply. So, we look at the ways compliance between nation states, as well as by the people in them, is encouraged when dealing with human rights, and then what instruments are out there to address non-compliance?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 14, 2017, 11:05:21 am
Hi Elyse!

Your lecture was so helpful today!! Our trial notification (i think our school makes our trials) says this:

Family Law - choice of oNE essay from TWO
- Compliance/ Non Compliance (ADVOS, FDR, Parental orders, child support, property distribution after separation, care protection of children)
-Care and protection of children (FACS/ Wood inquiry, Children's court, open adoption, family violence etc etc
-Changing values (divorce, parental responsibility etc etc)

Isnt that just the entire syllabus and would need to study everything ? Or would there be an easier way preparing for this?

Hey Clare! Welcome to the forums! So glad you enjoyed Elyse's lecture ;D

She might add, but that definitely seems like most of the syllabus to me - You should be broadly prepared! The only thing you would need less detail on is the very first part of Family, the specifics on adoption and stuff like that. That isn't stuff you'll use in an essay ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 14, 2017, 03:12:10 pm
Hi Elyse!

Your lecture was so helpful today!! Our trial notification (i think our school makes our trials) says this:

Family Law - choice of oNE essay from TWO
- Compliance/ Non Compliance (ADVOS, FDR, Parental orders, child support, property distribution after separation, care protection of children)
-Care and protection of children (FACS/ Wood inquiry, Children's court, open adoption, family violence etc etc
-Changing values (divorce, parental responsibility etc etc)

Isnt that just the entire syllabus and would need to study everything ? Or would there be an easier way preparing for this?

Hey Clare - Jamon's right. It pretty much is the entire syllabus, so this is excellent practice for the HSC! Maybe if you feel like you want to be smart about your study and identify your weaknesses - look at past questions. Admit which ones panic you and which ones still look achievable, and then the ones you think you'd ace. Make a bank of these and try dotpointing underneath the scarier essay questions. Try test yourself closed book first, and then refer to your notes to add more. This is one of the ways I studied because it just seemed more active than working through the syllabus!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on July 14, 2017, 06:41:07 pm
Hi i was wondering what distinguished battery from assault? Thanks! :)
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on July 14, 2017, 08:25:56 pm
thanks heaps!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on July 14, 2017, 09:19:22 pm
Hi i was just wondering where appeals from the children's court would go to? And also from the drug court. Also, is there any path of appeal from the coroner's court? Thanks :)
Title: Re: Legal Studies Question Thread
Post by: rodero on July 14, 2017, 09:57:16 pm
Hi i was just wondering where appeals from the children's court would go to? And also from the drug court. Also, is there any path of appeal from the coroner's court? Thanks :)

Hey!
I'm still a bit hazy on the children's court question so I'll leave that for someone else. However, my hunch would be the Court of Criminal Appeal (don't count me on this). In regards to the coroner's court, you need to remember that they don't actually have the power to find someone guilty and pass a punishment. Instead they construct a report outlining the cause and nature of death, which will then be used as evidence in another court. So to answer your question, there is no path of appeal, because they don't pass sentences! This means that there is nothing to appeal!

Hope this helps! I'm sure someone else can answer your first question

EDIT: I completely missed your drug court question! My textbook doesn't seem to cover this court, so I'd presume that it may not be as relevant to the course. However, I understand that this knowledge may help amp up a response, so again, i'll have to leave that for another person to answer, sorry about that  :D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 14, 2017, 10:43:36 pm
hi legal people, i'm low key high key freaking out about some of the themes in the crime syllabus... in the crime essay, what would i write for 'issues of compliance and non-compliance in regard to criminal law' and 'the extent to which law reflects moral and ethical standards'? i'm doing cssa trials and they tend to pick syllabus points you can't write much about or themes. thanks so much!
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 14, 2017, 11:02:16 pm
hi legal people, i'm low key high key freaking out about some of the themes in the crime syllabus... in the crime essay, what would i write for 'issues of compliance and non-compliance in regard to criminal law' and 'the extent to which law reflects moral and ethical standards'? i'm doing cssa trials and they tend to pick syllabus points you can't write much about or themes. thanks so much!

Hi!! There's no need to freak out when you've got ATAR Notes ;)
I suggest reading this guide by Elyse on the different themes and challenges in Crime and also Human Rights. (I find it very helpful)
The "reflecting moral and ethical standards" questions are mainly focused on law reform and how they are constantly change to be based on the community's perception of what real justice should be. You would need a LOT of case/media/legislation (especially for crime) to argue your viewpoint in the "extent" of the effectiveness of the law in addressing the standards of the community.
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 14, 2017, 11:23:58 pm
Hi!! There's no need to freak out when you've got ATAR Notes ;)
I suggest reading this guide by Elyse on the different themes and challenges in Crime and also Human Rights. (I find it very helpful)
The "reflecting moral and ethical standards" questions are mainly focused on law reform and how they are constantly change to be based on the community's perception of what real justice should be. You would need a LOT of case/media/legislation (especially for crime) to argue your viewpoint in the "extent" of the effectiveness of the law in addressing the standards of the community.


thank you!! also, that guide was really helpful, thanks elyse!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on July 15, 2017, 07:20:55 am
thanks so much!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 15, 2017, 12:23:51 pm
thank you!! also, that guide was really helpful, thanks elyse!

No worries! Just to add on to the answers above: I really think compliance and non-compliance is one of the easiest themes and challenges to incorporate into your essays. Simply: we would not have a legal system if we had complete compliance. The legal system aims to encourage compliance and adequately punish/prevent non-compliance. So every single crime essay can effectively discuss compliance and non-compliance in a way that doesn't really throw you out too much! :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 15, 2017, 05:22:39 pm
Hey guys for world order i was wondering what exactly is the difference between a court and tribunal and also what is an Adhoc trial and are those effective? Im super confused on those 3 terminologies

Thank you soo much! :)  :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 15, 2017, 05:51:12 pm
Hey guys for world order i was wondering what exactly is the difference between a court and tribunal and also what is an Adhoc trial and are those effective? Im super confused on those 3 terminologies

Thank you soo much! :)  :) :) :) :)

The main difference between a court and a tribunal is that a tribunal specialise in a certain issue, whereas a court hear a wider range of things. Tribunals more relaxed and have less power than a court.
Ad hoc trials are created "for a specific purpose as the situation arises" (definition of ad hoc).
These include trials like the Nuremberg Trials, ICTR, and ICTY. They're argued to be more effective than the International Criminal Court because they're quicker/cheaper and have actually more convicted people. This can be used in questions that ask you to assess international measures. ;)
Title: Re: Legal Studies Question Thread
Post by: clareyeung5 on July 16, 2017, 11:57:17 am
Family and world order predictions for the trials ? :D
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on July 16, 2017, 03:06:35 pm
How many legislations, cases and media should I have in my crime essays? Should this be different for family or consumer essays?

Also Elyse: Was it just cases and media that you had in your huge green folder? What else did you have? Did you have a seperate folder for all your legal class work? I would really like to start up a folder for this soon because all my legal stuff is really unorganised. This would be great for finding evidence for legal practise essays.
Thanks heaps :D :D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 16, 2017, 05:06:06 pm
How many legislations, cases and media should I have in my crime essays? Should this be different for family or consumer essays?

Also Elyse: Was it just cases and media that you had in your huge green folder? What else did you have? Did you have a seperate folder for all your legal class work? I would really like to start up a folder for this soon because all my legal stuff is really unorganised. This would be great for finding evidence for legal practise essays.
Thanks heaps :D :D

Ahh...the infamous green folder! Haha, it had media articles and cases that I'd found online but also anything I'd been given in class. So basically, anything I had for legal studies that wasn't written in my book, so anything floating, was in the green folder. Assignments I'd had marked and given back were in there, research for assignments, scraps of notes, scrappy essay plans, everything. It was about this time before trials that I even put the folder together, so I really recommend you do it! Just organise everything into crime, human rights, options, etc, and then slide it all in! It was definitely a good investment for me.
As for the options: very similar in terms of cases. I found for world order, I had fewer cases but they were much larger, and covered more aspects of the syllabus. But for family, my "cases" were similar to crime for the most part in that they just reflected an isolated section of the syllabus. BUT, finding cases for family can be difficult given the nature of family issues of course, so I had a lot more stats and reports for this option than what I did for crime or my other option :)
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on July 16, 2017, 05:25:40 pm
Ahh...the infamous green folder! Haha, it had media articles and cases that I'd found online but also anything I'd been given in class. So basically, anything I had for legal studies that wasn't written in my book, so anything floating, was in the green folder. Assignments I'd had marked and given back were in there, research for assignments, scraps of notes, scrappy essay plans, everything. It was about this time before trials that I even put the folder together, so I really recommend you do it! Just organise everything into crime, human rights, options, etc, and then slide it all in! It was definitely a good investment for me.
As for the options: very similar in terms of cases. I found for world order, I had fewer cases but they were much larger, and covered more aspects of the syllabus. But for family, my "cases" were similar to crime for the most part in that they just reflected an isolated section of the syllabus. BUT, finding cases for family can be difficult given the nature of family issues of course, so I had a lot more stats and reports for this option than what I did for crime or my other option :)
Thanks heaps! I have an extra week of holidays next week, so this is definitely something that I want to start doing, especially seeing that my notes are all over the place now. I feel like your green folder has motivated me to be a lot more organised and to look for/print off a lot more media articles. :) :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 16, 2017, 10:54:24 pm
Thanks heaps! I have an extra week of holidays next week, so this is definitely something that I want to start doing, especially seeing that my notes are all over the place now. I feel like your green folder has motivated me to be a lot more organised and to look for/print off a lot more media articles. :) :D

I feel like Elyse should change her forum name to "The Green Folder," with a photo to match ;)

Family and world order predictions for the trials ? :D

Family - I reckon we could be due for a question focusing on the care and protection of children, or perhaps a broader question on effectiveness? We've not had a super broad question in the Family topic for a while, would be nice! They might even focus on courts specifically ;D

World Order - Very little practical variety in these questions, you'll be able to adjust something to one of the questions virtually guaranteed ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 17, 2017, 03:26:35 pm
Hey Guys,
i was wondering what rights are protected in Aus. under the Constitution/statute law/ common law/court and tribunals/ NGO's/ media and how are they protected? Ive seen lots of questions like this come up in past papers and i have no clue how to answer them so if you could please help for each of those it would be great as i cant wrap my head around that dot-point
Thank you sooo much  :D :D :D :D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 17, 2017, 03:34:11 pm
Hey Guys,
i was wondering what rights are protected in Aus. under the Constitution/statute law/ common law/court and tribunals/ NGO's/ media and how are they protected? Ive seen lots of questions like this come up in past papers and i have no clue how to answer them so if you could please help for each of those it would be great as i cant wrap my head around that dot-point
Thank you sooo much  :D :D :D :D

a question like this was actually in my half-yearly exam, so i'll just put the question and answer:

Identify a right contained in the International Covenant of Civil and Political Rights and provide a domestic law that protects that right.

Answers could include:
- the right to life
- freedom from torture and slavery
- freedom of thought, conscience and religion
- prohibition on war propaganda and advocacy of racial hatred
- freedom of assembly and association only limited by the needs of a democratic society
- democratic rights of participation in government
- the rights of minorities to enjoy their culture, profess and practice their religion and use their own language.

Domestic Law
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth)
- Anti-Discrimination Act 1977 (NSW).

under the constitution, you can also mention the external affairs power, which if i'm not mistaken, the high court can use treaty decisions in cases. there's also express and implied rights in the constitution. everything else, with ngos and the media you can say they bring issues to the attention of the general public. hope this helps!
Title: Re: Legal Studies Question Thread
Post by: rodero on July 17, 2017, 04:55:21 pm
Hey guys!

Super confused with this trial past paper. Unfortunately, I don't have the answer sheet so I can't confirm which would be the correct answer. However, i'm stuck on this specific question. It seems as though the son is both an accessory before and after the fact. Does this bring him to the level of a principle in the second degree? I always thought the principle in the second degree had to be present in some way.

Question is attached, thanks everyone :)
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 17, 2017, 05:01:11 pm
Hey Guys,
i was wondering what rights are protected in Aus. under the Constitution/statute law/ common law/court and tribunals/ NGO's/ media and how are they protected? Ive seen lots of questions like this come up in past papers and i have no clue how to answer them so if you could please help for each of those it would be great as i cant wrap my head around that dot-point
Thank you sooo much  :D :D :D :D

Hey Kiiaaa,

Just to add to the awesome answer already provided by fantastic beasts3; there are a few ways human rights are protected in Australia.

Firstly the Constitution - within it there are 5 express rights that are protected by the constitution:
As well as this, the constitution also contains implicit rights, meaning they are not expressly stated, but they can be inferred based on the other provisions; this is to the right of political communication. The constitution protects these rights as a breach of any of these rights would be unconstitutional and would be punishable by the state.

In the same way, statute law is able to protect rights that the government deems to be necessary in society; as fantasticbeast3 said, the racial discrimination act, anti discrimination act all protect the right not to be discriminated against. This is also further reinforced through agencies such as the Australian Human Rights Commission which can mediate and take a stand against human rights, but lacks enforceability.

However, BOSTES says that the courts are the best protection of human rights within Australia, this is for a few reasons. Firstly, the courts, through the common law system can change and adapt to changing values and ethics in society, thus it can change in terms of what rights are at the forefront of society. Another reason is that the courts actually enforce human rights protection since they are the ones to issue out legal remedies if rights are breached.

This is just a quick summary of human rights in Australia, but I hope it is a good starting point for you to get your head around it and then research further. You should definitely check out Elyse's notes for legal and the free notes section; I'm sure there are other explanations around there :)

Hope this helps!!
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on July 17, 2017, 05:44:49 pm
Hello,

I was studying the abolition of slavery in the human rights topic and I am confused about the difference between the Emancipation Act 1833 and the Slavery Abolition Act 1833. Are they the same thing?
Title: Re: Legal Studies Question Thread
Post by: rodero on July 17, 2017, 05:50:55 pm

Hello,

I was studying the abolition of slavery in the human rights topic and I am confused about the difference between the Emancipation Act 1833 and the Slavery Abolition Act 1833. Are they the same thing?

Hey !

Quick search tells me that they are the same thing. If I'm correct, you're talking about the Slavery Abolition Act 1833 (UK). I personally haven't heard of the Emancipation Act
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on July 17, 2017, 05:57:52 pm
Hey !

Quick search tells me that they are the same thing. If I'm correct, you're talking about the Slavery Abolition Act 1833 (UK). I personally haven't heard of the Emancipation Act

Thank You! My textbook was saying Emancipation Act 1833 and other sources were saying Slavery Abolition Act 1833, so must be the same.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 17, 2017, 07:06:15 pm
Hey guys!

Super confused with this trial past paper. Unfortunately, I don't have the answer sheet so I can't confirm which would be the correct answer. However, i'm stuck on this specific question. It seems as though the son is both an accessory before and after the fact. Does this bring him to the level of a principle in the second degree? I always thought the principle in the second degree had to be present in some way.

Question is attached, thanks everyone :)

Hey rodero! I believe this person is a principal in the second degree. It doesn't specify if the son was present at the time, but we assume he is based on his involvement before and after the crime - so the most correct option, simply because there's no option for him to be an accessory before AND after the fact, means he is in the second degree. :)
Title: Re: Legal Studies Question Thread
Post by: rodero on July 17, 2017, 07:29:39 pm
Hey rodero! I believe this person is a principal in the second degree. It doesn't specify if the son was present at the time, but we assume he is based on his involvement before and after the crime - so the most correct option, simply because there's no option for him to be an accessory before AND after the fact, means he is in the second degree. :)

That's very true, thanks Elyse! Definitely noticing a trend where trial papers are more complicated than the HSC, especially in multiple choice
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 17, 2017, 07:31:00 pm
That's very true, thanks Elyse! Definitely noticing a trend where trial papers are more complicated than the HSC, especially in multiple choice

You're definitely not wrong - I found the same thing too. Exposure to as many past paper MC as possible will help you become faster and more accurate in your responses. So good luck! :)
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on July 17, 2017, 09:02:29 pm
Hey,

I was just wondering if we need to know more than one recognition of human rights for the HSC? or is it enough to just focus on one?

Thanks
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 17, 2017, 09:18:01 pm
Hey,

I was just wondering if we need to know more than one recognition of human rights for the HSC? or is it enough to just focus on one?

Thanks

Hey Lucy,

You should definitely be looking at all of the dotpoints for recognition of human rights. This is mainly because any of these could be asked as a short answer question. E.g. the 2015 HSC exam had a 5 marker "Outline the role of law reform in the abolition of slavery" - this targetted one specific dot point. Also a common thing is to have at least one of those as a multiple choice question (my teacher told me peace rights is often used in MC as most people see it last and don't bother studying it - just a theory). That dot point, whilst it seemed super insignificant to me at the beginning had soooo much legislation attached to it in terms of developing recognition and enshrining it within legal systems across the world.

If you need some help finding legislation of this nature, definitely check out Elyse's notes as well as any in the free notes section!!

Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: claudiarosaliaa on July 19, 2017, 04:23:27 pm
How many words is required for a band 6 15 mark crime response?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 19, 2017, 04:44:51 pm
How many words is required for a band 6 15 mark crime response?

hi! my teacher says around 2-3 pages handwritten, depends on the size of your writing :-)
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 19, 2017, 04:49:12 pm
How many words is required for a band 6 15 mark crime response?

You should be aiming around 1000-1200 words for an decent crime essay (4-6 pages). It all depends what you can actually write in the exam room within the time constraint.
I wouldn't go for too long in case you miscalculated your time and ended up not finishing cohesively, or not finishing other sections. Try to add more case-law-media into each paragraph so you keep it succinct. This will defs earn you Band 6. :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 19, 2017, 05:26:50 pm
How many words is required for a band 6 15 mark crime response?

To throw my perspective in, my opinion differs ever so slightly from MisterNeo's (neither perspective less valuable of course), I think you can go a bit lower for the Crime response. About 800 words would be my magic limit for where essays start to have the depth needed to get full marks. However, you might personally need more words to crack the 15/15. It totally depends on how succinct your writing style is and how much evidence you include :)

Oh, and remember quality over quantity of course! ;D
Title: Re: Legal Studies Question Thread
Post by: rodero on July 19, 2017, 07:43:58 pm
Hey guys !

The Legal Studies ATARNotes book says there's a difference between 'summary only' and 'summary offences'. I get that summary offences are less serious, but what exactly does 'summary only' mean? To put the term into context, the Land and Environment Court does not use a jury, so is 'summary only' (... wait, don't tell me that's exactly what it means :/ )
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on July 19, 2017, 08:33:22 pm
Hey guys !

The Legal Studies ATARNotes book says there's a difference between 'summary only' and 'summary offences'. I get that summary offences are less serious, but what exactly does 'summary only' mean? To put the term into context, the Land and Environment Court does not use a jury, so is 'summary only' (... wait, don't tell me that's exactly what it means :/ )

Hey,

This is my understanding. Summary offences are the most minor criminal offences. When a case is tried summarily this means that they are tried by judge alone and without a Jury. But this does not necessarily mean that the offence is a summary offence, for example, the local court can hear minor indictable offences summarily should the accused not wish the trial to go before a jury. So the Land and Environment Court is summary only because like you said, it does not use a jury.

I could be completely wrong but hope this helps.
Title: Re: Legal Studies Question Thread
Post by: rodero on July 19, 2017, 08:59:06 pm
Hey,

This is my understanding. Summary offences are the most minor criminal offences. When a case is tried summarily this means that they are tried by judge alone and without a Jury. But this does not necessarily mean that the offence is a summary offence, for example, the local court can hear minor indictable offences summarily should the accused not wish the trial to go before a jury. So the Land and Environment Court is summary only because like you said, it does not use a jury.

I could be completely wrong but hope this helps.

This seems to connect the dots for me, thank you so much ! :D
Title: Re: Legal Studies Question Thread
Post by: claudiarosaliaa on July 19, 2017, 10:24:00 pm
To throw my perspective in, my opinion differs ever so slightly from MisterNeo's (neither perspective less valuable of course), I think you can go a bit lower for the Crime response. About 800 words would be my magic limit for where essays start to have the depth needed to get full marks. However, you might personally need more words to crack the 15/15. It totally depends on how succinct your writing style is and how much evidence you include :)

Oh, and remember quality over quantity of course! ;D

Thank you Jamon, MisterNeo and Fantasticbeasts3. I'm struggling to go into the depth I need to effectively answer the question without going over 900 words. Any tips on how to make my writing more succinct?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 19, 2017, 10:32:24 pm
Thank you Jamon, MisterNeo and Fantasticbeasts3. I'm struggling to go into the depth I need to effectively answer the question without going over 900 words. Any tips on how to make my writing more succinct?

Going over 900 words is okay!! Can you get it done in a reasonable amount of time? ;D

Being more succinct is a tough thing, because it can be improved with expression or even changing what you include in your writing. Many different things you can do. Focus on eliminating unnecessary detail, honing in on the question, and perhaps even improving handwriting speed :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 20, 2017, 12:14:50 am
I got 5 and 6 wrong and I dont know why
Answers
Spoiler
5) A 6) A
Thanks ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 20, 2017, 11:02:22 am
I got 5 and 6 wrong and I dont know why
Answers
Spoiler
5) A 6) A
Thanks ;D

Those answers make no sense to me either - Perhaps an error? :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 20, 2017, 04:33:22 pm
Those answers make no sense to me either - Perhaps an error? :)
Would it be 5) C and 6) D?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 20, 2017, 04:39:05 pm
Would it be 5) C and 6) D?

Those would be my answers ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 20, 2017, 04:39:38 pm
Hey guys
 I was wondering what is the difference between the League of Nations and UN. like I get that LON was post WW2 and UN was after but what was different in the two that made the LON unsuccesssful. Do you get what I'm tryna say? like what was the difference in how they both were operated

thank you so much! :))
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 20, 2017, 05:20:47 pm
Hey guys
 I was wondering what is the difference between the League of Nations and UN. like I get that LON was post WW2 and UN was after but what was different in the two that made the LON unsuccesssful. Do you get what I'm tryna say? like what was the difference in how they both were operated

thank you so much! :))
Hey! So you're right - the League of Nations came about after WW1. In essence, it was decided upon at the Treaty of Versailles and was rushed, and not everyone was an enthusiastic member of the LON. Not every nation on Earth was in the LON - it was only the victors of WW1, and then they allowed other nations into the LON as well. The League of Nations was more a punishment to Germany than the peace-keeping tool that it was allegedly. The US didn't join the League of Nations. And there were a bunch of countries that were never invited to join, so it became quite exclusive instead of inclusive. The League of Nations also just in general was quite incompetent in the way it dealt with international issues - like the German annexation of Czech.

So, some big differences:
The UN is not simply made of the WW2 victors (although that is how the Security Council is comprised). All democratic, sovereign, nations can join the UN. There's only three countries - The Vatican, Kosovo, and Taiwan - that aren't in the UN. The UN Charter also outlines the difference ways the UN can encourage or enforce peace, so they have more of a procedure for dealing with situations like the Germany annexing Czech thing lol. SO the UN was far more inclusive than the LON, and it had documents that were drafted over time as opposed to rush through under pressure at Versailles. :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 21, 2017, 07:34:00 pm
Hi! If there was a question in the exam that says to write the issues of compliance and non compliance in regarding to criminal law, what would I even write? As in, which section like the nature of crime, investigation process, criminal trial process, sentencing and punishment, young offenders should I focus on and build my argument from there?

Also for the option topics that are worth 25 marks each, how many pages should I be aiming for (I know there's this thing about quality over quantity). Just need some sort of reference when I'm in the exam.

Thanks ;D
Title: Legal Studies Question Thread
Post by: Lumenoria on July 21, 2017, 09:26:16 pm
Okay, so I have an in class essay on Tuesday and I have no idea what the question will be. However, I reckon it will be centralised around a specific case (that we've placed emphasis on in class). I'm currently in the process of drafting a prepared response should this be the case. But I was just wondering, do I explicitly outline the details of the case in the intro, or do I do that in the body? The question will probably revolve around the effectiveness of legal and non legal methods in relation to resolving disputes, if that provides some clarity.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 22, 2017, 12:00:51 am
Okay, so I have an in class essay on Tuesday and I have no idea what the question will be. However, I reckon it will be centralised around a specific case (that we've placed emphasis on in class). I'm currently in the process of drafting a prepared response should this be the case. But I was just wondering, do I explicitly outline the details of the case in the intro, or do I do that in the body? The question will probably revolve around the effectiveness of legal and non legal methods in relation to resolving disputes, if that provides some clarity.

Hey! I've never dealt with a question on one specific case, so take my advice for what it is worth. But normally, you wouldn't go into specific case details. Normally that is a no-no in legal essays. For your response though, it might be necessary, so I'd perhaps do a short body paragraph on it after the introduction? :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 22, 2017, 12:03:47 am
Hi! If there was a question in the exam that says to write the issues of compliance and non compliance in regarding to criminal law, what would I even write? As in, which section like the nature of crime, investigation process, criminal trial process, sentencing and punishment, young offenders should I focus on and build my argument from there?

You are looking a lot at sentencing here - How well do the punishments we apply encourage people to comply with the law? Or do they encourage non-compliance, are they too lenient? You could bring in other things but this would be a focus :)

This guide might help! :)

Quote
Also for the option topics that are worth 25 marks each, how many pages should I be aiming for (I know there's this thing about quality over quantity). Just need some sort of reference when I'm in the exam.

Quality over qua...

Never mind ;) for reference, my Family Law essay was about 7.5 booklet pages, my World Order essay about 6.5 booklet pages, in the HSC (from memory!) My handwriting is maybe upper average in size ;D
Title: Re: Legal Studies Question Thread
Post by: maria1999 on July 22, 2017, 01:29:01 pm
hey everyone!
I'm working my way through a past paper and one of the family law question is "How effective is the law in achieving justice for parties involved in relationship breakdowns?
Is there like a certain structure of how I should set out my paragraphs because I'm really consfused as to what to talk about. I know I should mention divorce but should I mention other things like domestic violence?
Thanks in advance1

Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on July 22, 2017, 06:05:27 pm
anyone have any smart ways to memorise Lcmid's
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 22, 2017, 07:36:35 pm
anyone have any smart ways to memorise Lcmid's

nope, i wish i did. i use mnemonics and puns but they're not overly creative ways of memorising lcms, unfortunately.
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 22, 2017, 08:29:08 pm
Hey, guys!

Does anyone have any good notes for the legal/nonlegal responses for human trafficking and slavery? I just need articles/examples and how effective they were so I can use that info for short answers. the rest of my knowledge on the section is good just don't know any examples rip :(

Thank you soooo much guys :) :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on July 22, 2017, 10:38:27 pm

Hey! I've never dealt with a question on one specific case, so take my advice for what it is worth. But normally, you wouldn't go into specific case details. Normally that is a no-no in legal essays. For your response though, it might be necessary, so I'd perhaps do a short body paragraph on it after the introduction? :)

Alright, thank you so much. Also, do you think the % sign in a statistic would be acceptable over writing the word 'percent' in an essay?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 22, 2017, 10:41:32 pm
Alright, thank you so much. Also, do you think the % sign in a statistic would be acceptable over writing the word 'percent' in an essay?

nope don't worry about that, keep writing % :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 22, 2017, 11:03:31 pm
Hey guys! I found a brutual question that says to assess the role of law reform in the criminal justice system but you have to refer to the criminal trial process. The only thing i could think of is to write about the one punch laws and how the offered pleaded guilty which lead to a more lenient sentence and so on but its worth 15 marks... any more ideas?
thanks :D
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 22, 2017, 11:57:18 pm
Hey guys! I found a brutual question that says to assess the role of law reform in the criminal justice system but you have to refer to the criminal trial process. The only thing i could think of is to write about the one punch laws and how the offered pleaded guilty which lead to a more lenient sentence and so on but its worth 15 marks... any more ideas?
thanks :D

Hey! This is a tough one, but the ones that I can think of are:
-Appeals
-Victim Impact Statements
-"Innocent until proven guilty", and maybe adversarial vs inquisitorial  system?
-Judge Discretion/Mandatory Sentencing/Maximum Sentences
-Right to legal aid
-Evidence

A case you should definitely include is R v Skaf 2000. He and his mates were sentenced to 50+ years for "aggravated sexual assault in company", but appealed his sentence twice down to 28 years.
The first trial was a mistrial because the jury visited the crime scene, so the victims had to face their attacker again. The reason the 50+ year sentence was reduced was because it was higher than murder but the law saw "gang rape" as a lesser crime instead of just increasing the penalty for murder.
Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 23, 2017, 01:55:07 pm
Hey! This is a tough one, but the ones that I can think of are:
-Appeals
-Victim Impact Statements
-"Innocent until proven guilty", and maybe adversarial vs inquisitorial  system?
-Judge Discretion/Mandatory Sentencing/Maximum Sentences
-Right to legal aid
-Evidence

A case you should definitely include is R v Skaf 2000. He and his mates were sentenced to 50+ years for "aggravated sexual assault in company", but appealed his sentence twice down to 28 years.
The first trial was a mistrial because the jury visited the crime scene, so the victims had to face their attacker again. The reason the 50+ year sentence was reduced was because it was higher than murder but the law saw "gang rape" as a lesser crime instead of just increasing the penalty for murder.
Hope this helps :)

Cool ideas! But im still not sure how law has been reformed for appeals, victim impact statements adversial system and legal aid. I always thought that they never changed.
 
Title: Legal Studies Question Thread
Post by: rodero on July 23, 2017, 07:22:55 pm
Hey guys! I found a brutual question that says to assess the role of law reform in the criminal justice system but you have to refer to the criminal trial process. The only thing i could think of is to write about the one punch laws and how the offered pleaded guilty which lead to a more lenient sentence and so on but its worth 15 marks... any more ideas?
thanks :D


Neo gave some pretty good ideas. Here's what I would do in my personal opinion.

Pleas and charge negotiation: I would focus primarily on the case of R v Loveridge, which led to major reform. The new laws introduced mandatory minimum sentences for causing deaths with a single strike. It was also made mandatory that intoxication is considered as an aggravating factor when sentencing. While this proves to achieve some justice for the victim(s), the same cannot be said for both the offender and society. The Law Council states that mandatory imprisonment will only lead to the "individual engaging in more serious criminal acts down the track".

Partial defences: Focus would be on the case of R v Singh - husband kills wife after threats of deportation. He successfully used the provocation defence, allowing his charge to be reduced from murder to manslaughter. This lead to major outcry, with the NSW Law Reform Commission arguing that the defence be amended to 'Gross Provocation', requiring the action to be heavily provocative to be accepted. This isn't an ideal case, as it doesn't actually include law reform. However, you could say that the role of law reform is LACKING because further amendments must be made to achieve justice in this area

The role of juries: Kind of iffy on this one. The question is pretty damn tough, so I this might be stretching it a bit. I'd probably mention the amendments made so that jury votes no longer need to be unanimous. This achieves justice for the victim, as they don't need to go through the traumatic legal process all over again, and it achieves justice for society i.e. taxpayers. This therefore allows the values of society to be upheld more accurately.

Hope this helps, that question is damn tough
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on July 23, 2017, 08:16:49 pm

nope don't worry about that, keep writing % :)

Aight, thanks :) x
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on July 23, 2017, 08:27:17 pm


Partial defences: Focus would be on the case of R v Singh - husband kills wife after threats of deportation. He successfully used the provocation defence, allowing his charge to be reduced from murder to manslaughter. This lead to major outcry, with the NSW Law Reform Commission arguing that the defence be amended to 'Gross Provocation', requiring the action to be heavily provocative to be accepted. This isn't an ideal case, as it doesn't actually include law reform. However, you could say that the role of law reform is LACKING because further amendments must be made to achieve justice in this area


I forgot to mention this one.
This is a great point to make in relation to law reform, especially in recent changes to Queensland's "Gay Panic" defence to murder. This is in response to changing views on homosexuality since the 20th century that has led to this change. Basically, if a man made unwanted sexual advances against another male, he could kill him.
This defence still exists in South Australia.
The case metioned by rodero is a great one to use as it shows the limitations of the law in achieving justice.
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 23, 2017, 08:49:59 pm
I forgot to mention this one.
This is a great point to make in relation to law reform, especially in recent changes to Queensland's "Gay Panic" defence to murder. This is in response to changing views on homosexuality since the 20th century that has led to this change. Basically, if a man made unwanted sexual advances against another male, he could kill him.
This defence still exists in South Australia.
The case metioned by rodero is a great one to use as it shows the limitations of the law in achieving justice.
yea i think there's lots to talk about for this case in relation to the question. Thanks so much guys for these ideas! I've actually never heard of gay panic before but it sounds like an interesting case  to talk about. :)
Another quick question: is an amendment to a legislation the same as law reform?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 23, 2017, 08:53:52 pm
yea i think there's lots to talk about for this case in relation to the question. Thanks so much guys for these ideas!
Another quick question: is an amendment to a legislation the same as law reform?

yea for sure! law reform is all about changing aspects of the law to suit the times, so definitely, amendments to legislation are an example of law reform :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on July 23, 2017, 08:55:00 pm
yea for sure! law reform is all about changing aspects of the law to suit the times, so definitely, amendments to legislation are an example of law reform :)
Awesome! thanks for the clarification! :)
Title: Re: Legal Studies Question Thread
Post by: maria1999 on July 24, 2017, 12:36:58 pm
Hey, guys!

Does anyone have any good notes for the legal/nonlegal responses for human trafficking and slavery? I just need articles/examples and how effective they were so I can use that info for short answers. the rest of my knowledge on the section is good just don't know any examples rip :(

Thank you soooo much guys :) :) :) :) :)

hey!
I don't have any notes in specific I'm sorry :((. But I know that Anti-Slavery Australia is amazing for examples of human trafficking. When doing short answers I always make sure to know their overall mission statement and goals in aiding victims of human trafficking, forced labour, sexual servitude, etc. The website is actually so good because they even have a database of all cases that have involved some aspect of slavery and human trafficking!!!!1 and their recent too! The salvation army is also really good for non-legal responses, I know that the salvation army has something like the human trafficking house where they give accomodation to people who are victims of trafficking. In terms of legal responses, I know that the main legislation is the (Slavery, Slavery-Like Conditions and People Trafficking) Act 2013 (Cth) which criminalises a few more offences under human trafficking I think? That's about all I can think of right now. I hope this helps!
Title: Re: Legal Studies Question Thread
Post by: Mary_a on July 24, 2017, 02:53:46 pm
Casually freaking out.... trials are next week, and I have no idea how I'm going to remember all my legal content.... help... please...

Thank you, Mary
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 24, 2017, 03:45:19 pm
Casually freaking out.... trials are next week, and I have no idea how I'm going to remember all my legal content.... help... please...

Thank you, Mary

totally random but i love your photo! didn't like cursed child very much though.

anyway, back to legal, i'm mostly memorising my examples (your LCMs) for all topics so there's not as much to remember. don't worry, most people, or even everyone's freaking out, i'm totally freaking out as well because i have the absolute worst trials timetable but really, just take it one day at a time :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 24, 2017, 04:48:43 pm
Casually freaking out.... trials are next week, and I have no idea how I'm going to remember all my legal content.... help... please...

Thank you, Mary

I suggest that as daunting as it can be - you need to identify your weaknesses and approach it like that! Once you know which areas of the syllabus you just don't know then you can focus on them, rather than wasting time patting your back for knowing the things you have memorised really well!

Consider going through past MC - these are quick and fast to do and will be a great warm up for study, but also great study in itself!
Title: Re: Legal Studies Question Thread
Post by: maria1999 on July 24, 2017, 07:09:50 pm
hey guys!
I'm really struggling right now to find good cases about divorce and seperation, I don't know if it's because the family court is really private? I don't know their really hard to find. Could anyone please point me in the right direction as to where I could find some, or even a few good ones off the bat? Thank you!
Title: Re: Legal Studies Question Thread
Post by: Mary_a on July 24, 2017, 08:54:19 pm
totally random but i love your photo! didn't like cursed child very much though.

anyway, back to legal, i'm mostly memorising my examples (your LCMs) for all topics so there's not as much to remember. don't worry, most people, or even everyone's freaking out, i'm totally freaking out as well because i have the absolute worst trials timetable but really, just take it one day at a time :)

Thank you! :)
Title: Re: Legal Studies Question Thread
Post by: Mary_a on July 24, 2017, 08:55:01 pm
I suggest that as daunting as it can be - you need to identify your weaknesses and approach it like that! Once you know which areas of the syllabus you just don't know then you can focus on them, rather than wasting time patting your back for knowing the things you have memorised really well!

Consider going through past MC - these are quick and fast to do and will be a great warm up for study, but also great study in itself!

Thanks Elyse! I'll definitely take this approach!

Mary x
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on July 25, 2017, 10:16:56 am
Hey guys!

I was just wondering for family law - what kind of topics/questions would it be appropriate to talk about the autonomy of children?
Also, how would you advise structuring an essay on a general family law question for 'relationship breakdowns' (there's too much content!!)
Thanks :D
Title: Re: Legal Studies Question Thread
Post by: Mounica on July 25, 2017, 05:20:00 pm
Hey, guys
can u pls tell me on how i would set out or answer this essay question:
"To what extent does the law relating to indigenous peoples reflect changing
values and ethical standards?"
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 25, 2017, 06:21:27 pm
Hey, guys
can u pls tell me on how i would set out or answer this essay question:
"To what extent does the law relating to indigenous peoples reflect changing values and ethical standards?"

oh my gosh i just got so excited because finally someone else is doing indigenous!!!! i swear it is so hard to find people who do this topic but ANYWAY how to answer your question coming right up. you can relate this to the contemporary issues, because they're representative of the changing values and ethical standards, then you can tie in your case studies of various indigenous peoples around the world, e.g. maori people who have their language spoken across nz (i think there's a tribunal/treaty or some law about this but i've totally forgotten what it is). also, the most important thing is international law so talk about the non-existent treaties (;)) for indigenous peoples and how it's not totally effective as it must be incorporated into domestic law to actually be effective, and you can say the countries who haven't done so probably have a system in their country which reflects their changing values and ethical standards.

as for structure, i'm not the best person to advise on this but i'd separate mine into contemporary issues (it doesn't tell you that you can't use them!) so like pick 2 and have 2 body paragraphs each, i think that'd work. structure is not a huge deal (personally) because the person who's coming first in my year literally has 1 sentence paragraphs here and there (if you can even call it that) so don't worry too much, it's all about the examples you provide that are relevant to the question and if you can show their effectiveness which usually can be quite limited.

i hope that makes sense because my thoughts are quite all over the place - feel free to ask if you need any more help!
Title: Re: Legal Studies Question Thread
Post by: mattmuzz on July 25, 2017, 07:05:06 pm
hey all
this is my first time on these forums i find them incredibly helpful i just wanted to ask what is the best way to study for the long response crime essay question since it could be out of any of the dot points
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 25, 2017, 07:31:57 pm
hey all
this is my first time on these forums i find them incredibly helpful i just wanted to ask what is the best way to study for the long response crime essay question since it could be out of any of the dot points

hi, welcome to the forums (while incredibly helpful, they can be a huge source of procrastination)! i study for the crime question by memorising as many LCMs as i can, because that's what backs up the response and gives it credibility. the multiple choice is good for general crime revision as it covers most parts of the crime syllabus, but other than that, i haven't found another way to study for the response.
Title: Re: Legal Studies Question Thread
Post by: mattmuzz on July 25, 2017, 08:19:34 pm
hi, welcome to the forums (while incredibly helpful, they can be a huge source of procrastination)! i study for the crime question by memorising as many LCMs as i can, because that's what backs up the response and gives it credibility. the multiple choice is good for general crime revision as it covers most parts of the crime syllabus, but other than that, i haven't found another way to study for the response.
thankyouuu :) and yess remembering LCM for each dot point is important. but what my teacher asked us to do was write an essay on each of the crime dot points in order we can apply the content to the syllabus. what i like to do is to make a summary sheet with the LCM which i very helpful
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on July 25, 2017, 09:36:46 pm
Hey Guys,
For trials my teacher is really stressing the we know all of the themes and challenges for consumer law. Would someone be able to give me a list of these, and any cases/media/etc. that would be helpful to know (I have some, but if you guys have others it would be great :) )
Thanks so much :D
Title: Re: Legal Studies Question Thread
Post by: chelseam on July 25, 2017, 10:48:08 pm
Hi! Could someone please explain why discretion is important in achieving justice in the criminal justice system? I'm having trouble understanding how it helps to achieve just outcomes? Thank you so much :D

Can anyone also explain why the answer here is C? Thank you :)
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 25, 2017, 11:27:21 pm
Hi! Could someone please explain why discretion is important in achieving justice in the criminal justice system? I'm having trouble understanding how it helps to achieve just outcomes? Thank you so much :D

Can anyone also explain why the answer here is C? Thank you :)


helloooo

discretion is used by the police/judge/magistrate through decision making. it's important because it's the person's own judgement in ensuring that decisions are fair, and what not. for example, if you were a first time offender for speeding, you might not be fined on the spot and instead, you might get a caution or have the fine dismissed altogether. that's an example of a just outcome because there isn't any abuse of power in the situation. i hope that makes sense :)

as for your other question, i think it's c because the coroner's court is only concerned with finding out the manner in which someone died, and other factors that may have led to the death, so it's more an inquisitorial court that helps out other courts in criminal trials, where evidence from the coroner's court will be used.

hope this helps!
Title: Re: Legal Studies Question Thread
Post by: chelseam on July 25, 2017, 11:29:09 pm
hope this helps!
Thank you so much!! ;D
Title: Re: Legal Studies Question Thread
Post by: JD99 on July 26, 2017, 09:30:14 am
Not sure if this has already been asked...but do we have to know which sections of Acts are relevant? and how much detail should we know about each Case/Legislation etc.?

Thanks!!  :D :D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 26, 2017, 11:36:39 am
Not sure if this has already been asked...but do we have to know which sections of Acts are relevant? and how much detail should we know about each Case/Legislation etc.?

Thanks!!  :D :D

you don't need to know the sections, unless you want to remember them for extra detail. for your LCMs just mention them as relevant and provide enough information to support the point you're making. :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 26, 2017, 03:24:31 pm
Hey Guys,
For trials my teacher is really stressing the we know all of the themes and challenges for consumer law. Would someone be able to give me a list of these, and any cases/media/etc. that would be helpful to know (I have some, but if you guys have others it would be great :) )
Thanks so much :D

Hey Katie! I can't help with cases and stuff, but from the syllabus the themes and challenges you need are:

•        the role of the law in encouraging cooperation and resolving conflict in regard to
consumers
•    issues of compliance and non-compliance
•    laws relating to consumers as a reflection of changing values and ethical standards
•    the role of law reform in recognising the rights of consumers
•    the effectiveness of legal and non-legal responses in achieving justice for consumers.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 26, 2017, 03:27:04 pm
Hey guys!

I was just wondering for family law - what kind of topics/questions would it be appropriate to talk about the autonomy of children?
Also, how would you advise structuring an essay on a general family law question for 'relationship breakdowns' (there's too much content!!)
Thanks :D

Hey Rachel! You'd discuss the autonomy of children in questions relating to the care and protection of children, and perhaps the changing nature of parental responsibility as well? :)

General Family Law essays can be structured a heap of ways. Case by case, effective vs ineffective, response by response - There is definitely no right or wrong and you can pick what seems best for you! Ditto for relationship breakdowns, though personally for those I planned to do one paragraph on divorce/separation, one paragraph on children involved in relationship breakdowns, one paragraph on domestic violence ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on July 26, 2017, 09:39:52 pm
Hi! Just wondering if anyone would have any ideas on how state sovereignty assists in resolving world order issues? Thank you :)
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on July 27, 2017, 02:02:49 pm
Hey,

I was just wondering if anyone knows what the legislation the adversary system is implemented under? Is it just the common law system that it has been derived from or is there a specific law? I have an essay on the criminal trial process in my Trial and I'm just wondering how I could implement legislation in talking about the Adversary process as a means of achieving justice.

Thank you ;D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 27, 2017, 04:06:45 pm
Hey,

I was just wondering if anyone knows what the legislation the adversary system is implemented under? Is it just the common law system that it has been derived from or is there a specific law? I have an essay on the criminal trial process in my Trial and I'm just wondering how I could implement legislation in talking about the Adversary process as a means of achieving justice.

Thank you ;D

i honestly have no clue (i don't think there's legislation for it judging by a quick google) but in an essay about the criminal process there's a looooot of stuff to talk about so just mention the adversarial system of trial itself, you won't be penalised for not including background on it :-)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 27, 2017, 05:53:45 pm
Hey,

I was just wondering if anyone knows what the legislation the adversary system is implemented under? Is it just the common law system that it has been derived from or is there a specific law? I have an essay on the criminal trial process in my Trial and I'm just wondering how I could implement legislation in talking about the Adversary process as a means of achieving justice.

Thank you ;D

Hey lucyjayne, I had to think about this one. The adversary system is inherited through common law, and I believe the best way to credit this to an authority in writing in Australia is probably by looking at the Constitution which distributes power to the judicial arm in Chapter III. This seems to be the best link to look at for more. I suppose you could also link to our (Australian's) right to a fair trial - perceiving the fair trial to be adversarial seeing as legal representation is integral to both a fair trial and the adversary system. Happy for someone else to come along and suggest a better way to approach this, but this is how I'd do it :)
Title: Re: Legal Studies Question Thread
Post by: gkim1 on July 27, 2017, 07:43:47 pm
Hiya!
Can anyone give me some good tips on how to remember legislation, cases and media - cause lol my legal trial is next week and I'm struggling so hard to remember cases.

And maybe some cases relating to the 6 themes and challenges ? My teacher was saying that it would be good to set up a table for each dot point in the syllabus (for crime, human rights and family) and to find cases that have relevance with the themes and challenges so that I wouldn't have to remember a whole bunch of cases and just have some important/main ones that work with various themes?

A reply would be super awesome! :)
Thanks!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 27, 2017, 08:37:31 pm
Hiya!
Can anyone give me some good tips on how to remember legislation, cases and media - cause lol my legal trial is next week and I'm struggling so hard to remember cases.

And maybe some cases relating to the 6 themes and challenges ? My teacher was saying that it would be good to set up a table for each dot point in the syllabus (for crime, human rights and family) and to find cases that have relevance with the themes and challenges so that I wouldn't have to remember a whole bunch of cases and just have some important/main ones that work with various themes?

A reply would be super awesome! :)
Thanks!

mnemonics help for remembering your LCMs :-) my legal trial is straight after papers 1 and 2 for english rip

cases are in a heap of the notes on this website, there should be tons. can't help you with family though because i don't do that option.
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 28, 2017, 07:18:59 pm
Hi my legal trials are on monday :( could someone please my mark my crime and workplace essay? My teacher has heavily hinted at a compliance/non-compliance for crime....
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 28, 2017, 09:12:23 pm
Hi my legal trials are on monday :( could someone please my mark my crime and workplace essay? My teacher has heavily hinted at a compliance/non-compliance for crime....

Hey! Our essay marking threads have closed for the weekend to help us handle the rush before Trials, they will reopen again in the middle of next week :) one of your peers might be willing to provide feedback though!
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 29, 2017, 08:41:58 am
Hey! Our essay marking threads have closed for the weekend to help us handle the rush before Trials, they will reopen again in the middle of next week :) one of your peers might be willing to provide feedback though!
Ahh ok that's fair :) Could someone please read over mine if they can? I've got my indigenous peoples essay attached too :) Much appreciated :)
Title: Re: Legal Studies Question Thread
Post by: JD99 on July 29, 2017, 08:45:04 am
Quote
you don't need to know the sections, unless you want to remember them for extra detail. for your LCMs just mention them as relevant and provide enough information to support the point you're making. :)
Thank you!!

Also, does anyone know whether the ICCPR and the ICESCR have been enacted into Australian legilsation?
Thanks!!
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 29, 2017, 08:53:20 am
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 10:28:05 am
Ahh ok that's fair :) Could someone please read over mine if they can? I've got my indigenous peoples essay attached too :) Much appreciated :)

hi! i did a quick read of this essay (i've also done this question before). i'm also no marker so my feedback is not the best but overall it was a really great essay! you integrated all the indigenous peoples case studies really well and i liked how you incorporated the contemporary issues. is that first paragraph your introduction? if so, that was REALLY long and usually should be 5-10 (maybe a little more than 10) lines handwritten. you don't have to include a definition on indigenous peoples and who they are, or a full definition on state sovereignty, because the marker already knows that. just mention what state sovereignty is in a concise manner and explain how it limits or recognises the rights of indigenous peoples.

i'm so sorry about the rant on the introduction but other than that, it was a really great essay. also, if you can write all of that in 45 minutes, you're amazing.
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 10:32:56 am
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?

whaaat i would've put d! in my notes, piracy is listed under crimes against the international community... super confused now. human trafficking is a transnational crime. piracy only refers to pirates, not the internet :)
Title: Re: Legal Studies Question Thread
Post by: rodero on July 29, 2017, 11:22:36 am
Hey everyone,

Considering how closed off Family Law matters are, how exactly do we cite cases? Media articles I find usually just say... "The husband..." or something similar.

If we mention that we're using a pseudonym, is that okay?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 11:36:08 am
Thank you!!

Also, does anyone know whether the ICCPR and the ICESCR have been enacted into Australian legilsation?
Thanks!!

there are some rights in the iccpr that are already in the constitution, e.g. voting so you could say that's already been enacted into australian legislation. the icescr has been ratified by australia, but not incorporated into the laws here.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 29, 2017, 11:50:15 am
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?

This is an odd question. The reason being, sex trafficking can definitely be a transnational crime - although it is not always. Sex trafficking can happen within countries as well.

Here is the definition of trafficking as provided by the [url=https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html]UN's Office on Drugs and Crime:
What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
So there's no mention of it specifically being about being taking from one country to another, but just being taken from one place to another, even in country.

So we can see this isn't ALWAYS transnational, as it can happen within country.

Whereas piracy, by nature, happens in seas that cross borders or are on international waters. So piracy, at it's core, has a transnational element. But sex trafficking, although given to students as one of the most pertinent examples of transnational crimes, can happen within borders.

So if I was in an exam, I probably would be quick to put the answer as D. But, piracy is the better answer because it has a closer tie to transnational discourse, whereas sex trafficking can happen within borders, or across. Definitely a tricky question, I can safely say I'm pretty sure I would be caught out on it in an exam!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 29, 2017, 12:04:51 pm
Hey everyone,

Considering how closed off Family Law matters are, how exactly do we cite cases? Media articles I find usually just say... "The husband..." or something similar.

If we mention that we're using a pseudonym, is that okay?

That's definitely ok. Your markers appreciate the difficulty in citing Family Law cases given their very nature. Occasionally you will need to use these pseudonyms, or sometimes even more cryptic than that, but do your best and the marker will understand and reward the difficulty off even locating these cases, then citing them!
Title: Re: Legal Studies Question Thread
Post by: JD99 on July 29, 2017, 01:22:41 pm
Quote
there are some rights in the iccpr that are already in the constitution, e.g. voting so you could say that's already been enacted into australian legislation. the icescr has been ratified by australia, but not incorporated into the laws here.

ok thanks for that!

I've been looking at a summary of the ICESCR and there are a few bits that I definitely think would have been enacted, including the right to form and join trade unions and the right to strike, as well as the right to education....?

Also, in an essay, would it be correct to say that 'although some of the rights within this Covenant have been enacted, it should be fully enacted by the Australian government'??

Thanks again!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 29, 2017, 01:24:41 pm
Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?

To weigh in here (same as Elyse's thoughts), the most correct answer is definitely A. Sex trafficking is synonymous to human trafficking, which can be considered to be a crimes against humanity. There was a resolution adopted by the UN in 2008 which stated:

“rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"

It's tough because there is currently no codification of what a crime against humanity is, it's mostly international customary law, so definitely a grey area. But yeah, agree with El, D could be correct depending on how you look at it but A is definitely correct, so go with A ;D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 01:38:56 pm
ok thanks for that!

I've been looking at a summary of the ICESCR and there are a few bits that I definitely think would have been enacted, including the right to form and join trade unions and the right to strike, as well as the right to education....?

Also, in an essay, would it be correct to say that 'although some of the rights within this Covenant have been enacted, it should be fully enacted by the Australian government'??

Thanks again!

the icescr was ratified by australia in 1975, but i think some rights like the ones you've listed were already part of legislation. the right to education i'm a bit unsure about after doing a google search , but there is this sight by the australian human rights commission if you want to check it out -
 https://www.humanrights.gov.au/right-education the industrial relations reform act 1993 should have stuff about trade unions, striking and what not

i'm not sure about that last statement though, maybe elyse and/or jamon can help you out?
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 29, 2017, 02:44:25 pm
This is an odd question. The reason being, sex trafficking can definitely be a transnational crime - although it is not always. Sex trafficking can happen within countries as well.

Here is the definition of trafficking as provided by the [url=https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html]UN's Office on Drugs and Crime:
What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
So there's no mention of it specifically being about being taking from one country to another, but just being taken from one place to another, even in country.

So we can see this isn't ALWAYS transnational, as it can happen within country.

Whereas piracy, by nature, happens in seas that cross borders or are on international waters. So piracy, at it's core, has a transnational element. But sex trafficking, although given to students as one of the most pertinent examples of transnational crimes, can happen within borders.

So if I was in an exam, I probably would be quick to put the answer as D. But, piracy is the better answer because it has a closer tie to transnational discourse, whereas sex trafficking can happen within borders, or across. Definitely a tricky question, I can safely say I'm pretty sure I would be caught out on it in an exam!
Ahh ok. Thank you for your help! :)
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 29, 2017, 02:47:35 pm
To weigh in here (same as Elyse's thoughts), the most correct answer is definitely A. Sex trafficking is synonymous to human trafficking, which can be considered to be a crimes against humanity. There was a resolution adopted by the UN in 2008 which stated:

“rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"

It's tough because there is currently no codification of what a crime against humanity is, it's mostly international customary law, so definitely a grey area. But yeah, agree with El, D could be correct depending on how you look at it but A is definitely correct, so go with A ;D
Thank you so much Jamon! :)
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 29, 2017, 02:49:30 pm
whaaat i would've put d! in my notes, piracy is listed under crimes against the international community... super confused now. human trafficking is a transnational crime. piracy only refers to pirates, not the internet :)
Confusing I know right! I think Elyse and Jamon's comments have cleared it up though :)
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 29, 2017, 02:53:48 pm
hi! i did a quick read of this essay (i've also done this question before). i'm also no marker so my feedback is not the best but overall it was a really great essay! you integrated all the indigenous peoples case studies really well and i liked how you incorporated the contemporary issues. is that first paragraph your introduction? if so, that was REALLY long and usually should be 5-10 (maybe a little more than 10) lines handwritten. you don't have to include a definition on indigenous peoples and who they are, or a full definition on state sovereignty, because the marker already knows that. just mention what state sovereignty is in a concise manner and explain how it limits or recognises the rights of indigenous peoples.

i'm so sorry about the rant on the introduction but other than that, it was a really great essay. also, if you can write all of that in 45 minutes, you're amazing.
No no its ok! Thank you very much for your advice! Yeah I actually wasn't planning to write that much (esp in the intro haha) it was more about including information that could be used for a range of questions without writing whole new essays :)
Title: Re: Legal Studies Question Thread
Post by: ash_mcalpine on July 29, 2017, 03:17:06 pm
Hey there, So i have my trials coming up and i had a couple questions about how to best study. So currently, I have notes on the syllabus for crime and human rights etc. And I was thinking for both the option essays, to make just a massive scaffold of potential questions, with legislation, cases and media articles?

Thanks
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 03:43:55 pm
Hey there, So i have my trials coming up and i had a couple questions about how to best study. So currently, I have notes on the syllabus for crime and human rights etc. And I was thinking for both the option essays, to make just a massive scaffold of potential questions, with legislation, cases and media articles?

Thanks

if you have time, past papers are the best way to study. however, if you're cramming, just memorising your LCMs are great, or writing out essay plans. ☺️
Title: Re: Legal Studies Question Thread
Post by: oliviamarie on July 29, 2017, 03:50:04 pm
Hi!

Just wondering what crime/family predictions are specifically for the CSSA trials? Is it true CSSA attempt to predict the HSC? thank you!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on July 29, 2017, 03:53:28 pm
Hi!

Just wondering what crime/family predictions are specifically for the CSSA trials? Is it true CSSA attempt to predict the HSC? thank you!

The CSSA are not in the business of wasting your time, and looking at patterns of past papers and how they've approached selecting the questions, I think it's very fair to assume they at least try to get in the ball park of where the HSC question will be. Across all of my subjects, essays and short answers included, I had about 5 or 6 written responses that were almost identical to my trials. This is why taking on the feedback from your trials is so important!

If I took a guess at this year's question, I'd be looking at themes and challenges like law reform, or discretion, and then the syllabus dot point I seem to think hasn't been tested in a while is Sentencing and Punishment Procedures. :)
Title: Re: Legal Studies Question Thread
Post by: oliviamarie on July 29, 2017, 04:05:14 pm
Super helpful, thank you!
On that note, is there a past bank of questions that CSSA have asked? Specifically last years to get an idea of what they won't try to ask.
Super hard to get a copy of the trials as they are so strict on copyright!
Thank you
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 04:09:12 pm
Super helpful, thank you!
On that note, is there a past bank of questions that CSSA have asked? Specifically last years to get an idea of what they won't try to ask.
Super hard to get a copy of the trials as they are so strict on copyright!
Thank you

i have cssa questions spanning a couple years for crime, if you'd like? unfortunately i don't have the exact question for 2016 but it was on defences. :-)

2014: To what extent do domestic and international measures effectively deal with international crime?

2013: 'Sentencing and punishment attempts to balance the rights of victims, offenders and society'.  Evaluate this statement.

2012: Examine the role of discretion in achieving justice for victims, offenders and society within the criminal justice system.

2011: 'The focus should be on rehabilitation, which was the principal purpose of the juvenile court system.' Source: SMH October 29, 2010
With reference to the stimulus above, assess the effectiveness of the criminal justice system when dealing with young offenders.
Title: Re: Legal Studies Question Thread
Post by: JD99 on July 29, 2017, 10:43:57 pm
Hey :)

Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?

Thanks!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2017, 10:49:46 pm
Hey :)

Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?

Thanks!

that's actually a pretty interesting question. in my notes, terrorism is listed under crimes against the international community but i guess in that instance it could be a transnational crime?

jamon and/or elyse will definitely be able to help you with this, i'm interested in what everyone has to say about this though
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 30, 2017, 01:12:50 am
Hey :)

Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?

Thanks!

Very interesting! I think technically you could call it a transnational crime, but that category is more for 'less serious' things with implications that cross domestic borders (EG - privacy, drug trafficking). Although terrorism has the same sort of effect, so do things like genocide. We still classify as a crime against humanity, because the seriousness of it warrants another category (the fact it affects other countries is less relevant than the fact that it is considered abhorrent on an international scale) :) that's my perspective at least!
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 30, 2017, 10:38:36 am
Hi, can someone please explain why q5 and 6 are A? :)
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 30, 2017, 12:16:31 pm
Hey Guys,

This may be a really broad/stupid question but if a crime essay comes up on transnational crime what points should i have paragraphs on? I found a question saying " how effective are domestic and international measures in dealing with international crime?" and i cant think of any measures at all. could you please help me in providing me info to use to answer this essay and what points i should discuss about in this essay

I hope I'm not asking too much but international crime is my weakest as my teacher when to hospital during this time and the sub wasn't the best :(

thank you soo many guys! :)))
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 30, 2017, 12:35:17 pm
Hey Guys,

This may be a really broad/stupid question but if a crime essay comes up on transnational crime what points should i have paragraphs on? I found a question saying " how effective are domestic and international measures in dealing with international crime?" and i cant think of any measures at all. could you please help me in providing me info to use to answer this essay and what points i should discuss about in this essay

I hope I'm not asking too much but international crime is my weakest as my teacher when to hospital during this time and the sub wasn't the best :(

thank you soo many guys! :)))

this isn't a stupid question at all! being asked on a narrow part of the syllabus is pretty hard. i'll give a quick run down on the measures used for international crime both domestically and internationally :-)

international:
(crimes against the international community)
piracy - un convention on the law of the sea 1982
war crimes - hague conventions (1899 and 1907) and geneva convention 1949
genocide - un convention on genocide 1948
terrorism - international convention for the suppression of terrorist bombings 1997

(transnational crime)
money laundering - un convention on transnational organised crime 2000
arms trafficking - protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition 2001
drug trafficking - there's a heap of conventions for this but just mention the single convention on narcotic drugs

you can also mention the icc as an international court.

domestic:
mutual assistance in criminal matters act 1987 (cth) regulates assistance to foreign countries in criminal matters (just for people giving evidence and what not)

(crimes against the international community)
piracy - crimes act 1914 (Cth) and crimes at sea act 2000 (Cth)
war crimes - war crimes act 1945
crimes against humanity, genocide, torture and terrorism - criminal code act 1995 (cth) (literally The Legislation for domestic measures! covers a lot of crimes)

(transnational crime)
money laundering - anti-money laundering and counter-terrorism financing act 2006 (Cth)
people smuggling, arms and drug trafficking - criminal code act 1995 (cth)

you can also include the afp police act 1919 (cth) for transnational crime.

hope this helps!
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on July 30, 2017, 12:50:21 pm
this isn't a stupid question at all! being asked on a narrow part of the syllabus is pretty hard. i'll give a quick run down on the measures used for international crime both domestically and internationally :-)

international:
(crimes against the international community)
piracy - un convention on the law of the sea 1982
war crimes - hague conventions (1899 and 1907) and geneva convention 1949
genocide - un convention on genocide 1948
terrorism - international convention for the suppression of terrorist bombings 1997

(transnational crime)
money laundering - un convention on transnational organised crime 2000
arms trafficking - protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition 2001
drug trafficking - there's a heap of conventions for this but just mention the single convention on narcotic drugs

you can also mention the icc as an international court.

domestic:
mutual assistance in criminal matters act 1987 (cth) regulates assistance to foreign countries in criminal matters (just for people giving evidence and what not)

(crimes against the international community)
piracy - crimes act 1914 (Cth) and crimes at sea act 2000 (Cth)
war crimes - war crimes act 1945
crimes against humanity, genocide, torture and terrorism - criminal code act 1995 (cth) (literally The Legislation for domestic measures! covers a lot of crimes)

(transnational crime)
money laundering - anti-money laundering and counter-terrorism financing act 2006 (Cth)
people smuggling, arms and drug trafficking - criminal code act 1995 (cth)

you can also include the afp police act 1919 (cth) for transnational crime.

hope this helps!

omg bless! calling you a legend would be a complete understatement. Thank you sooo much @fantasticbeasts3. You are definitely fantastic =D
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 30, 2017, 06:24:29 pm
Hi Elyse,
Here is my crime essay intro and structure, anyone else who can offer their thoughts, please do:
The Australian legal system aims to encourage compliance for the purpose of community safety and to reflect social standards. Yet inevitably, individuals will fail to comply to the system and thus the CJS must respond appropriately to this behaviour. Though the CJS attempts to address both of these concerns, its effectiveness is ultimately limited. More specifically, the law does not always adequately respond to issues of non-compliance amongst law enforcement and through the judicial process, thus not fully reflecting the rule of law and procedural fairness. Also, the law struggles to achieve a balance between a direct and root level solution to resolve non-compliance, thus contributing to its ineffectiveness. As highlighted through police powers, bail, the judicial process sentencing the CJS fails to completely fulfil their role of encouraging compliance and discouraging non-compliance.
Point 1 Police Powers:
To reflect rule of law, police need to comply with LEPRA
Though Roberto Curti case showed non-compliance to principle of "reasonable force"
Also highlighted ineffectiveness of police investigating police non-compliance
LECC was introduced, though ineffective because of resource inefficiency and responsiveness
Option 2 Bail:
Bail is important for fairness, yet is heavily reliant upon individuals to comply with their conditions
"Unacceptable risk" within bail act aims to protect community from those most likely not to comply
However, ineffective through Sydney siege
Remand is better in ensuring compliance, yet as reported by ALRC remand population has tripled resource inefficiency
3. Judicial Process
Judges and jury have responsibility to comply with judicial standards for procedural fairness
If they fail to comply, can infringe individuals rights
Under Jury Act if jurors "engage in misconduct", leads to retrial longer time in court
Also, judges can fail to follow common law precedents e.g. Judge Hampel didn't represent jurors to accused before trial, led to retrials
Sentencing:
Important for retribution of non-compliance and deterrence to encourage compliance
ICOs to replace suspended sentences-> mandatory supervision for compliance, also programs to adress causes of crimes e.g. drug use
Also, "Justice Reinvestment" programs to prevent recidivism, through diversionary programs (root level solution) -> although limited by lack of enforceability nation wide
Thank you! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on July 30, 2017, 06:31:39 pm
Hi, can someone please explain why q5 and 6 are A? :)

Hey! Neither are A, the answers to those questions are screwed up ;D I'd say the answers are C and D respectively :)
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 30, 2017, 06:34:40 pm
Here is my Workplace Intro for anyone to offer their thoughts:
(plz help trials are tmrw and my teacher has not responded to any of my emails rip)
"To what extent do contemporary issues in the workplace reflect changing values and ethical standards?"
The workplace is of inherent value to society, providing individuals with financial security, while also contributing to the greater economy through employment. Thus, it is important that workplace law reflects the evolving values of society. An important expectation of workplace law is to govern employer and employee relationships to achieve fairness. Yet, in light of contemporary issues such as safety, termination of unemployment, social concerns and expectations towards the liability of employers have increased, to which the law has to some extent, responded. Through law reform in particular, workplace law has aimed to adapt to these growing concerns,however, it struggles to reach full effectiveness through struggling to balance the rights between the employer and employee.
Title: Re: Legal Studies Question Thread
Post by: sophia123 on July 30, 2017, 06:35:50 pm
how do I remember legislation/cases/media articles/victim impact statements and statistics? also in the trials..what do I do if I know what the specific act does, but cant remember the name of it?
also, what is adjudication? and the difference between bail and remand? I understand that bail is awarded between the period of being charged and awaiting trial, but is remand when you are taken back into custody after abusing one of the terms by which you were awarded bail?

lastly...any words of encouragement? trials are this week and I'm stressing majorly!

MT!
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 30, 2017, 07:01:05 pm
Last one, can someone please offer their thoughts on my IP intro:
"To what extent has state sovereignty assisted in recognising the rights of IPs?"
State sovereignty has the power to promote Indigenous peoples' (IPs) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injustices. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide.
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on July 30, 2017, 07:02:25 pm
hey my legal buddies!! ;D
i was wondering if anyone had some useful tips about how to attack the short answers.... ???
we have heaps of them in these upcoming trial and i feel like some of them might be really specific...
any tips.. ::)
ATB EVERYONE FOR THEIR TRIALS ;) ;) ;)
~BK~
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 30, 2017, 07:15:22 pm
how do I remember legislation/cases/media articles/victim impact statements and statistics? also in the trials..what do I do if I know what the specific act does, but cant remember the name of it?
also, what is adjudication? and the difference between bail and remand? I understand that bail is awarded between the period of being charged and awaiting trial, but is remand when you are taken back into custody after abusing one of the terms by which you were awarded bail?

lastly...any words of encouragement? trials are this week and I'm stressing majorly!

MT!

actively talking about what you're going to discuss with other people is a great way of remembering this. as for forgetting stuff in an exam well make it up 😂 it's not ideal but at least you've got evidence to prove your points.

adjudication i honestly have no clue but a quick google says that a synonym is arbitration which is a term you might be familiar with. here's an excerpt from my notes on bail and remand, i hope it makes sense:

Bail - conditional release of a person. A person on bail needs to provide the court with a bond which is a sum of money kept by the court if the person breaches bail conditions.

Remand - someone accused of a serious crime is held for the period between being charged and facing trial.

words of encouragement: fake it till you make it! take everything one day at a time, and remember, we're all in the same boat (i'm stressing SO MUCH for paper 1 tomorrow like you wouldn't even believe). good luck!

hey my legal buddies!! ;D
i was wondering if anyone had some useful tips about how to attack the short answers.... ???
we have heaps of them in these upcoming trial and i feel like some of them might be really specific...
any tips.. ::)
ATB EVERYONE FOR THEIR TRIALS ;) ;) ;)
~BK~

tips for short answers: taking into account the amount of marks for each question is really important. if it's specific and you have no idea what the hell is going on make it up 😂 once again, definitely not ideal but at least you've got something there. studying as broad as possible for the short answers is super important so if you know you can't remember every single detail, have a good idea of what could be asked, i guess.

good luck!

Last one, can someone please offer their thoughts on my IP intro:
"To what extent has state sovereignty assisted in recognising the rights of IPs?"
State sovereignty has the power to promote Indigenous peoples' (IPs) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injustices. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide.

i don't do workplace so i can't help you with that one, sorry! this introduction is great, except i don't think the second sentence is totally necessary but that's just my opinion - take it with a grain of salt.

good luck everyone!! take everything a day at a time and no matter how stressed you are, it is only a short period of time. take breaks and don't put too much pressure on yourself :-)
Title: Re: Legal Studies Question Thread
Post by: inescelic on July 30, 2017, 07:19:53 pm
Hi can someone please confirm these answers for MC? No answers came :(
1. The selling of alcohol to a person under the age of 18 is best described as which of the following?
a) Crime against the person
b) Public order offence
c) Preliminary Offence
d) Economic offence
2. Which of the following is true of the adversary system?
a) There is a presumption of guilt
b) The accused must take the stand and be cross-examined
c) The onus of the burden of proof is on the defendant
d) The past record of the accused can only be examined during sentencing
3. Which of the following is a feature of the ICC?
a) It can only hear cases between nation states
b) It can prosecute individuals who have committed CAH
c) It can prosecute individuals who have signed the Rome Statute
d) It can only hear cases from individuals who have been victims of international crime
Title: Re: Legal Studies Question Thread
Post by: TheMC on July 30, 2017, 07:21:28 pm
Hey-o guys,

Just curious, does anyone know any good Shelter tips and tricks? Got Trials on Wednesday and struggling under all the content for it, and was wondering if anyone had any idea on easier ways to remember the legislation and such. And any media articles on it would be appreciated if anyone had any!

Thanks!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on July 30, 2017, 07:27:21 pm
Hi can someone please confirm these answers for MC? No answers came :(
1. The selling of alcohol to a person under the age of 18 is best described as which of the following?
a) Crime against the person
b) Public order offence
c) Preliminary Offence
d) Economic offence
2. Which of the following is true of the adversary system?
a) There is a presumption of guilt
b) The accused must take the stand and be cross-examined
c) The onus of the burden of proof is on the defendant
d) The past record of the accused can only be examined during sentencing
3. Which of the following is a feature of the ICC?
a) It can only hear cases between nation states
b) It can prosecute individuals who have committed CAH
c) It can prosecute individuals who have signed the Rome Statute
d) It can only hear cases from individuals who have been victims of international crime

in my opinion:   1. B    2. D    3. B

i have no clue if they're right especially the first one (nope strike that all of them)

Hey-o guys,

Just curious, does anyone know any good Shelter tips and tricks? Got Trials on Wednesday and struggling under all the content for it, and was wondering if anyone had any idea on easier ways to remember the legislation and such. And any media articles on it would be appreciated if anyone had any!

Thanks!

yay another shelter person!! i have no tips to help you remember the legislation because i struggle to do it myself. media articles work well with the contemporary issues - google is your best friend in this situation :-) google stuff like "affordability in sydney" or "homelessness sydney" and heaps should come up, particularly in the last year or so.
Title: Re: Legal Studies Question Thread
Post by: TheMC on July 30, 2017, 07:39:07 pm
Hi can someone please confirm these answers for MC? No answers came :(
1. The selling of alcohol to a person under the age of 18 is best described as which of the following?
a) Crime against the person
b) Public order offence
c) Preliminary Offence
d) Economic offence
2. Which of the following is true of the adversary system?
a) There is a presumption of guilt
b) The accused must take the stand and be cross-examined
c) The onus of the burden of proof is on the defendant
d) The past record of the accused can only be examined during sentencing
3. Which of the following is a feature of the ICC?
a) It can only hear cases between nation states
b) It can prosecute individuals who have committed CAH
c) It can prosecute individuals who have signed the Rome Statute
d) It can only hear cases from individuals who have been victims of international crime

Disclaimer: I don't claim them to be right, it's just what I would have put down myself

I think 1 would be B
2 = D seems more likely, B seems okay, but idk
3 = B again
I agree with fantasticbeasts3

Hope this helped, or at least limited the scope of answer for you
Title: Re: Legal Studies Question Thread
Post by: TheMC on July 30, 2017, 07:43:15 pm
in my opinion:   1. B    2. D    3. B

i have no clue if they're right especially the first one (nope strike that all of them)

yay another shelter person!! i have no tips to help you remember the legislation because i struggle to do it myself. media articles work well with the contemporary issues - google is your best friend in this situation :-) google stuff like "affordability in sydney" or "homelessness sydney" and heaps should come up, particularly in the last year or so.

Fellow Shelter sufferer!

Okay, Google it is then (and crying at the content). Thanks mate :)
I've been doing a wonderful job of staring at the textbook and trying not to copy it word for word (been failing at that tbh)
And good luck for the Trials! Hope you kick Shelter's butt!!!
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on July 30, 2017, 08:34:18 pm
Here is my Workplace Intro for anyone to offer their thoughts:
(plz help trials are tmrw and my teacher has not responded to any of my emails rip)
"To what extent do contemporary issues in the workplace reflect changing values and ethical standards?"
The workplace is of inherent value to society, providing individuals with financial security, while also contributing to the greater economy through employment. Thus, it is important that workplace law reflects the evolving values of society. An important expectation of workplace law is to govern employer and employee relationships to achieve fairness. Yet, in light of contemporary issues such as safety, termination of unemployment, social concerns and expectations towards the liability of employers have increased, to which the law has to some extent, responded. Through law reform in particular, workplace law has aimed to adapt to these growing concerns,however, it struggles to reach full effectiveness through struggling to balance the rights between the employer and employee.

Hey there inescelic,

From a quick skim over of your intro, the main issue I have with it is that it provide a clear judgment until the very last sentence, and even here it is still a little bit 'on the fence.' For legal studies essays, markers really want to see that you have a strong overall judgment (in our legal essays we had words that were banned such as "some extent" "a little bit effective" "moderately effective" etc. as these words clouded your argument making it unclear what your overall stance on the question is; also "completely effective/ineffective" as everything in the justice system has some flaws to it but also some positive) It's really good that you mention the flaws of the system as this really heightens your argument that you can acknowledge both sides but in the end you should have one overall judgement that guides the direction of your essay.

Hope this gives you an initial direction, definitely post it back up for us to see your progress!

how do I remember legislation/cases/media articles/victim impact statements and statistics? also in the trials..what do I do if I know what the specific act does, but cant remember the name of it?
also, what is adjudication? and the difference between bail and remand? I understand that bail is awarded between the period of being charged and awaiting trial, but is remand when you are taken back into custody after abusing one of the terms by which you were awarded bail?

lastly...any words of encouragement? trials are this week and I'm stressing majorly!

MT!

Hi Sophia123!

Memorising the large amount of content was one of the biggest things i struggled with during legal studies - the way around this was to choose pieces of evidence that were broad enough to use in multiple dot points. This way I could remember one case that covered a variety of dot points instead of memorising 5 individual cases for specific dot points. Once you have culled away and found the "essential" pieces of evidence you need, actually memorising it is another story. I found that writing out the legislation and the main provisions, cases and the judgments, media articles and their effect - writing these out 2-3 times then reading it helped me to initially understand. Then i would make an essay plan in closed book circumstances and pick what evidence i would use and dot point the main parts. Sadly, there is on secret formula for memorising it but making it engaging and not just a boring read over and over again is the best way to go about it - this can be done in many ways, palm cards and testing yourself, translating each evidence into a symbol to trigger it etc.

Bail/remand - so you know that when a person is charged, there is a time lag between then and when the case actually starts. This time can be up to one year and is to compensate for lawyers to get their cases together as well as the backlog of cases the courts have to deal with. So during this time period a person can be let out on bail which is the "conditional release of a person awaiting their trial" or they are detained until then which is called remand. This is a big issue to do with law reform, moral/ethical standards etc. and is dealt with in the bail act; having ramifications on overcrowding of prisoners as well as the cost involved in keeping people in prison when they havent been convicted etc. An incredibly interesting topic area that I highly recommend you look over as it can be used in a variety of theme & challenge essay questions.

Don't worry, the trial is just a piece of paper - just realise it's just paper; don't let it scare you that much!!! Imagine you are the fire burning through the paper, growing bigger with every question answered and mark you will get :) ahah that was very cringe but i hope you understand that it is only one test, there are other opportunities to do better!! But the fact that you are realising your problem areas now and asking about them is actually amazing for you (even if you don't realise), so don't stress and just go into it with a confident mindset that you will ace it!!!


Good luck! :)

Last one, can someone please offer their thoughts on my IP intro:
"To what extent has state sovereignty assisted in recognising the rights of IPs?"
State sovereignty has the power to promote Indigenous peoples' (IPs) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injustices. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide.

Hey there,

State sovereignty has the power to promote Indigenous peoples' (IPs)not sure if this is acceptable but if your teacher said it is then totally ignore :) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. so the same sort of issue as your other introduction - it lacks a clear stance/judgment, especially since you said "equally" it seems very on the fence and I am not sure what way you are arguing for. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injusticestry to link this sentence a bit more to the question, is this going to a paragraph? or is this just setting up the context of state sovereignty's role in promoting recognition of IPs. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide. really like how you mention disparities internationally - this sets up really good points of comparison that can strengthen your argument - however it still lacks an overall clear judgement that acknowledges both sides of the argument --> this is really necessary to achieve the top marks in essays. Try to incorporate this a little bit more!!

Hope this helps a little bit!! :)
Title: Re: Legal Studies Question Thread
Post by: maria1999 on July 31, 2017, 06:01:40 pm
hey guys!
Does anyone have like a cheat way to remember family law cases and legislations? Maybe with cases that you can use for multiple dot points? Also, how can I find good divorce cases to use in an essay which refers to relationships breakdowns or anything concerning divorce etc.
For our HSC we do world order and family law but we haven't done world order yet so we need to answer both choices for the family law opition and I'm stresssssed. Any help would be so appreciated!!
Thank you!
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on August 01, 2017, 12:42:38 pm
Hey,

I'm struggling to prepare for the question that is going to be based around the effectiveness of the Criminal Trial Process as a means of achieving justice just because there is so much under that dot point and I keep getting confused trying to plan my essays talking about the adversary system and then juries in a different paragraph because I feel like i'm making the same points. Are there any tips on how to prepare for this?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 01, 2017, 01:16:35 pm
Hey,

I'm struggling to prepare for the question that is going to be based around the effectiveness of the Criminal Trial Process as a means of achieving justice just because there is so much under that dot point and I keep getting confused trying to plan my essays talking about the adversary system and then juries in a different paragraph because I feel like i'm making the same points. Are there any tips on how to prepare for this?

When you're approaching this: consider how effective it is for the three parties of victim, accused, and society. So when you look at juries - evaluate the fairness for all three parties respectively, and when you look at legal representation, consider the potential limitations there for each party, and then again when it comes to the way evidence is handled/delivered. I think this way you have a definite approach to each new topic, so if you divide it up and give air time to each (sometimes victim and society can be grouped together) then you can be sure you won't be overlapping because you've gone off topic - you'll have a strong direction  this way. What do you think?
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on August 01, 2017, 01:59:14 pm
hey... :)
we have our trials tomorrow and i was just wondering...
does anyone do 'consumers' as their elective?! :o
i need to know how i would structure an essay?! ???
thanks ;D
Title: Re: Legal Studies Question Thread
Post by: rodero on August 01, 2017, 02:05:36 pm
Hey,

I'm struggling to prepare for the question that is going to be based around the effectiveness of the Criminal Trial Process as a means of achieving justice just because there is so much under that dot point and I keep getting confused trying to plan my essays talking about the adversary system and then juries in a different paragraph because I feel like i'm making the same points. Are there any tips on how to prepare for this?

Hey,

There are sooo many different ways to structure a legal essay !
Elyse gave one about balancing the three parties, which directly relates to a theme/challenge.

Personally, I always structure my crime essays by dot point - kind of like how you have one paragraph on the adversary system, and another on juries. In all honesty, I wouldn't know how to include the adversary system because it just seems to broad for me and I have no specific LCMs for an argument. That being said, i'm interested to see what sort of evidence you've found.

My structure would consist of:

Charge negotiation:
R v Loveridge -> Public outcry -> one punch laws
R v Abrahams -> charge negotiation deal denied by the judge -> highlights judicial discretion

Juries:
Jury misconduct -> R v Skaf -> R v Karakaya
Infallibility of evidence -> R v Jama

Provocation:
R v Singh -> Public outcry -> Provocation Amendment Act

Within each paragraph, i'd make a judgement on whether they uphold the rights of the three parties or not.

Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on August 01, 2017, 02:16:49 pm
When you're approaching this: consider how effective it is for the three parties of victim, accused, and society. So when you look at juries - evaluate the fairness for all three parties respectively, and when you look at legal representation, consider the potential limitations there for each party, and then again when it comes to the way evidence is handled/delivered. I think this way you have a definite approach to each new topic, so if you divide it up and give air time to each (sometimes victim and society can be grouped together) then you can be sure you won't be overlapping because you've gone off topic - you'll have a strong direction  this way. What do you think?

Yeah that seems to be the best approach. I was going to try and break up my paragraphs to different points like the use of the adversarial system, legal representation, use of evidence and the use of the jury to argue that it is the Criminal trial process is ineffective in achieving justice because of the flaws and imbalances within them and use cases to support this. Thanks for your help!
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 01, 2017, 05:22:57 pm
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:

• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts
Title: Re: Legal Studies Question Thread
Post by: PulseDefect on August 01, 2017, 05:34:16 pm
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:

• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts

Hi, an idea for law reform in the criminal trial process is the introduction of majority verdicts (which was some time ago though) and changes to evidence law which allowed negative inferences to be drawn from people using their right to silence. I am not sure what else you could go on, there hasn't been any major criminal law reform with regards to the actual trial process. If someone else could add a third idea?  :P
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on August 01, 2017, 05:38:06 pm
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:

• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts

Hey there Paige,

Just a few things come to mind when looking at law reform in the Criminal Trial Process:

Firstly you could look at the reforms that came out of Skaf case in regards to the use of transcript evidence --> use of evidence, including witnesses.
You could also explore the reforms made to the partial defence of provocation which changed to become extreme provocation having a few different pre requisitions to be counted --> look at the R v Singh case.
Also there was reform to include majority judgements that is worth looking/writing about to hit the "role of juries, including verdicts"

Lemme know how those go :)
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on August 01, 2017, 05:45:42 pm
How could I incorporate law reform with the criminal trial process? These are the dot points under that heading:

• court jurisdiction
• the adversary system
• legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
• pleas, charge negotiation
• legal representation, including legal aid
• burden and standard of proof
• use of evidence, including witnesses
• defences to criminal charges:
– complete defences
– partial defences to murder
• the role of juries, including verdicts
I don't know if it would entirely fit under these dot points but there is the amendments that were made to bail. I think its under the Bail Amendment Act 2014, but that included a risk assessment and the magistrates needed to look at the severity of the crime committed. There was a  presumption against bail which meant that the accused had to explain why they should receive bail.
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on August 01, 2017, 07:26:47 pm
Just one more question... probably.

Would it be easier to argue that the law is effective or ineffective in defining an protecting varied family relationships?
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on August 01, 2017, 07:45:52 pm
Just one more question... probably.

Would it be easier to argue that the law is effective or ineffective in defining an protecting varied family relationships?

I personally wouldn't stick to absolutes. Argue that it's both effective and ineffective to a degree.
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on August 01, 2017, 08:15:04 pm
I personally wouldn't stick to absolutes. Argue that it's both effective and ineffective to a degree.

Gotta make that judgement tho
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on August 01, 2017, 08:42:56 pm
Gotta make that judgement tho

So come to the conclusion that, overall, it's mildly effective.
Title: Re: Legal Studies Question Thread
Post by: Neilab on August 01, 2017, 08:43:48 pm
Hey Guys!

I've been given another In-class assessment and Media file for World Order! Our school has finished our trials (we finished them week 9 and 10 of term 2) and this is my last assessment for legal!

So I have a few questions in regards to World Order, as I find it a lot harder than Crime and Family Law;

1- How do you structure responses for World Order? I always found that with Family and Crime it was clearer and was usually more syllabus-orientated... but with World Order I find it difficult to approach questions!

2- What are some solid case studies you can use for a broad range of questions? I was thinking of studying South China Sea, Syria, Sudan, Afghanistan, and a few others in-depth

3 - Lastly I was wondering if you could help me with picking a question for the assessment! Should I pick....

(a) How effectively do legal responses address issues of compliance and non-compliance in the promotion of peace and the resolution of conflict?

OR

(b) Evaluate the extent to which issues associated with the rules regarding the conduct of hostilities reflect changing values and ethical standards on world order.

I was wondering if you could perhaps also give a run-down of what I'd include in either of these responses? Sadly my school has only JUST started section 2 of the syllabus (respones) and I am rather clueless!

THANK you so much in advance!!  :) :) :)
Title: Re: Legal Studies Question Thread
Post by: Neilab on August 01, 2017, 08:56:14 pm
My school had trials last term and following the legal studies exam I noticed that quite a few students had stated that they 'made up' quotes and articles for their crime and family law essays (e.g. pretending to quote Nick Cowdery or simply just saying
"in a 2014 SMH article")

Most of these girls also got 13-14-15/15 on their crime essay and quite a few got 23-24/25 on their family one!

 I was wondering what your thoughts were on this in regards to the HSC? Is it likely that markers will pull up on this and penalise marks?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 09:00:54 pm
Gotta make that judgement tho
So come to the conclusion that, overall, it's mildly effective.

Massively agree with this - Absolutes can get a little dry to argue and take half of your potential evidence away. You can take a "middle of the road" stance and argue it effectively, arguing ineffectiveness in some areas and effectiveness in others :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 09:08:31 pm
1- How do you structure responses for World Order? I always found that with Family and Crime it was clearer and was usually more syllabus-orientated... but with World Order I find it difficult to approach questions!

World Order questions are all really similar, I normally approached them in one of two ways. You can go response by response, with a paragraph on the UNSC, a paragraph on the General Assembly, a paragraph on NATO, etc etc - Or you can go case by case, examining contemporary world scenarios and evaluating how all the responses respond to each of them in turn. Both work! I did response by response in my Trial, then case by case in my HSC - Very much your preference ;D

Quote
2- What are some solid case studies you can use for a broad range of questions? I was thinking of studying South China Sea, Syria, Sudan, Afghanistan, and a few others in-depth

Those are excellent choices, I'd also throw North Korea in there as a super contemporary one - You could also discuss the issues going on with Russia (perhaps including the Ukrainian debacle that happened a few years back) :)

Quote
3 - Lastly I was wondering if you could help me with picking a question for the assessment! Should I pick....

(a) How effectively do legal responses address issues of compliance and non-compliance in the promotion of peace and the resolution of conflict?

OR

(b) Evaluate the extent to which issues associated with the rules regarding the conduct of hostilities reflect changing values and ethical standards on world order.

I was wondering if you could perhaps also give a run-down of what I'd include in either of these responses? Sadly my school has only JUST started section 2 of the syllabus (respones) and I am rather clueless!

THANK you so much in advance!!  :) :) :)

I personally hate both of those ;) but I'd go with A myself! I'd be discussing how each response encourages compliance with international standards, peer pressure would be a big part of it, state sovereignty would be the barrier to it! This probably will make more sense as you discuss the responses, but you'd include the usuals - UNSC, General Assembly, IGO's etc ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 09:13:29 pm
My school had trials last term and following the legal studies exam I noticed that quite a few students had stated that they 'made up' quotes and articles for their crime and family law essays (e.g. pretending to quote Nick Cowdery or simply just saying
"in a 2014 SMH article")

Most of these girls also got 13-14-15/15 on their crime essay and quite a few got 23-24/25 on their family one!

 I was wondering what your thoughts were on this in regards to the HSC? Is it likely that markers will pull up on this and penalise marks?

I personally never made any of them up - The way I see it, very possible it gets overlooked in the rush of marking. However, if the marker notices you've fudged a case, you lose all credibility in that essay. It would really hurt how you are perceived. So I just don't think it is worth it ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 01, 2017, 09:19:14 pm

I'd be discussing how each response encourages compliance with international standards, peer pressure would be a big part of it, state sovereignty would be the barrier to it!
Hey Jamon! What kind of things could you talk about for peer pressure? :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 09:37:58 pm
Hey Jamon! What kind of things could you talk about for peer pressure? :)

So take something like NATO - When everyone else in the North Atlantic Treaty Organisation wants to do something, the countries you rely on for trade and security and intelligence - You will want to do it too. As soon as countries form alliances those alliances can be used to leverage that country into doing certain things.

Of course, this doesn't always work. North Korea is very happy to ignore NATO and the UN, for example! These are the sorts of things you discuss and analyse ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 01, 2017, 09:42:24 pm
Of course, this doesn't always work. North Korea is very happy to ignore NATO and the UN, for example! These are the sorts of things you discuss and analyse ;D
Thanks Jamon ;D
Title: Re: Legal Studies Question Thread
Post by: Neilab on August 01, 2017, 09:51:23 pm
World Order questions are all really similar, I normally approached them in one of two ways. You can go response by response, with a paragraph on the UNSC, a paragraph on the General Assembly, a paragraph on NATO, etc etc - Or you can go case by case, examining contemporary world scenarios and evaluating how all the responses respond to each of them in turn. Both work! I did response by response in my Trial, then case by case in my HSC - Very much your preference ;D

Those are excellent choices, I'd also throw North Korea in there as a super contemporary one - You could also discuss the issues going on with Russia (perhaps including the Ukrainian debacle that happened a few years back) :)

I personally hate both of those ;) but I'd go with A myself! I'd be discussing how each response encourages compliance with international standards, peer pressure would be a big part of it, state sovereignty would be the barrier to it! This probably will make more sense as you discuss the responses, but you'd include the usuals - UNSC, General Assembly, IGO's etc ;D

Thank you sooo much! I was thinking of setting out my sssay like this (let me know what youuu think!);

Para 1 - UNSC

Para 2 - Courts and Tribunals (ICC and ICJ)

Para 3 - International Humanitarian Law/Treaties... Is this a response? I was going to talk about the Nucelear Proliferaion Treaty, Geneva Conventions?
--> OR should I just pick an entirely different response :)

For each of them;
--> I'd outline their role in encouraging compliance through the promotion of peace and resolution of conflict including ONE example
--> Outline limitations (mainly state soverignty obvs) with a major case study

Let me know what you think of this :)))
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 09:54:09 pm
Thank you sooo much! I was thinking of setting out my sssay like this (let me know what youuu think!);

Para 1 - UNSC

Para 2 - Courts and Tribunals (ICC and ICJ)

Para 3 - International Humanitarian Law/Treaties... Is this a response? I was going to talk about the Nucelear Proliferaion Treaty, Geneva Conventions?
--> OR should I just pick an entirely different response :)

For each of them;
--> I'd outline their role in encouraging compliance through the promotion of peace and resolution of conflict including ONE example
--> Outline limitations (mainly state soverignty obvs) with a major case study

Let me know what you think of this :)))


This all looks great, but watch including the ICC - That's very much an international crime thing. Still relevant but make sure you are still focusing on World Order, it is very easy to slip into talking more about it in terms of a response to international crime instead. The ICJ is vital to discuss ;D
Title: Re: Legal Studies Question Thread
Post by: Neilab on August 01, 2017, 09:54:25 pm
alsoo... do you have any suggested articles that are relevant to the WO syllabus  :) :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 09:55:24 pm
alsoo... do you have any suggested articles that are relevant to the WO syllabus  :) :)

Check out these World Order Notes! My summary sheets are in the list and there's a few articles in there ;D
Title: Re: Legal Studies Question Thread
Post by: georgiia on August 01, 2017, 09:56:00 pm
So take something like NATO - When everyone else in the North Atlantic Treaty Organisation wants to do something, the countries you rely on for trade and security and intelligence - You will want to do it too. As soon as countries form alliances those alliances can be used to leverage that country into doing certain things.

Of course, this doesn't always work. North Korea is very happy to ignore NATO and the UN, for example! These are the sorts of things you discuss and analyse ;D

JAMON THIS IS AN EMERGENCY SO PLEASE REPLY ASAP

I have my trials tomorrow and if I were to talk about the recent NK intercontinental baltic missile testing and the threats it poses ect. which syllabus areas should I focus on most when talking about that as a contemporary issue?
(for world order btw)

Thanks!!!
Title: Re: Legal Studies Question Thread
Post by: Neilab on August 01, 2017, 09:56:47 pm
This all looks great, but watch including the ICC - That's very much an international crime thing. Still relevant but make sure you are still focusing on World Order, it is very easy to slip into talking more about it in terms of a response to international crime instead. The ICJ is vital to discuss ;D

Oh I see! thank you for letting me know! I'll keep that in mind and focus on ICJ in that case :) In the next few days would I be able to post up a lil essay plan so I can get an all clear of you guys before I start writing away?
Title: Re: Legal Studies Question Thread
Post by: Neilab on August 01, 2017, 09:57:18 pm
Check out these World Order Notes! My summary sheets are in the list and there's a few articles in there ;D

Thaaaank you legend!
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on August 01, 2017, 10:03:13 pm
Any tips or tricks to memorising legislations and cases? For Family and Consumer it seems a little easier due to the contemporary issues and compartmentalisation of the options.

But the crime essay is getting to me - there's so much to memorise, legislations and cases D:
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 10:06:01 pm
Any tips or tricks to memorising legislations and cases? For Family and Consumer it seems a little easier due to the contemporary issues and compartmentalisation of the options.

But the crime essay is getting to me - there's so much to memorise, legislations and cases D:

Do dot point essays to practice questions like these, dot pointing the cases and evidence you'd use in each paragraph! Memorisation and argument practice in one go - My favourite way to study ;D
Title: Re: Legal Studies Question Thread
Post by: georgiia on August 01, 2017, 10:07:07 pm
Any tips or tricks to memorising legislations and cases? For Family and Consumer it seems a little easier due to the contemporary issues and compartmentalisation of the options.

But the crime essay is getting to me - there's so much to memorise, legislations and cases D:

I've spent the last two hours on quizlet having the case on one side and amendments/other info on the other and doing that and it helps SOOOOOO MUCH

Like this sort of thing:
https://quizlet.com/Georgiia_p/folders/legal-studies-trials/sets
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 01, 2017, 10:18:23 pm
Hey! Does anyone know how the UN impacts human rights enforcement in Australia? Would this link to how Australia responds to world order issues (or am I starting to mix these two topics up now?) :o

Also, I just saw this question in a past paper - "Compare the effectiveness of political negotiation, persuasion and the use of force as methods of maintaining world order." Does anyone have any ideas on how to approach this? ;D Thank you :)
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on August 01, 2017, 10:40:08 pm
Hey! Does anyone know how the UN impacts human rights enforcement in Australia? Would this link to how Australia responds to world order issues (or am I starting to mix these two topics up now?) :o

Also, I just saw this question in a past paper - "Compare the effectiveness of political negotiation, persuasion and the use of force as methods of maintaining world order." Does anyone have any ideas on how to approach this? ;D Thank you :)


I don't do World Order but the UN has no binding impact on Australian lawmaking because of the notion of state sovereignty. Ultimately, the UN can influence with proposals, that Australia can either sign, or ratify, etc... but that's the extent of the UN's influence.
Title: Re: Legal Studies Question Thread
Post by: oliviamarie on August 01, 2017, 10:49:12 pm
desperate last minute cramming- just wondering what points you would go about for law reform in sentencing and punishment? obviously mandatory sentencing and r v loveridge case but I couldn't think of more points/ write a whole essay on it!
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on August 01, 2017, 10:59:56 pm
Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?

Or do they only propose to extradite because they already have a reasonable case against the accused?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 11:07:19 pm
desperate last minute cramming- just wondering what points you would go about for law reform in sentencing and punishment? obviously mandatory sentencing and r v loveridge case but I couldn't think of more points/ write a whole essay on it!

Remember to prepare stuff from investigation and trial as well! You can use the R v Singh (2012) case which spurred parliamentary review into the use of partial defences to murder in NSW, as one idea, or look at the new Bail Act? :) you've covered the two big things I'd think to mention for reform of sentencing and punishment, I highly doubt you'd get an essay on law reform that was also restricted to sentencing and punishment :)
Title: Re: Legal Studies Question Thread
Post by: TheFreeMarketeer on August 01, 2017, 11:09:22 pm
Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?

Or do they only propose to extradite because they already have a reasonable case against the accused?

I would've thought that prima facie would've been determined post-extradition where the crime actually took place.

Also, Question: Describe the role of the separation of powers in promoting and enforcing human rights in Australia (4)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 11:11:26 pm
Is it correct to argue that extraditions lack prima facie conflict the basis of "innocent until proven guilty"?

Or do they only propose to extradite because they already have a reasonable case against the accused?

Hey! Extradition would ideally only occur if there was a charge to laid against the accused and there is a case against them - Though perhaps you can find a counter example, or a case when the accused was later found innocent? If you can find such a counter example, definitely use it, that would be a great argument to make ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 01, 2017, 11:17:31 pm
Also, Question: Describe the role of the separation of powers in promoting and enforcing human rights in Australia (4)

You could, as part of your answer, simply say that the legislature creates laws (enacted by executive) that allow protection of human rights, and these laws are then applied by the judiciary. Further, it ensures actions of Legislature and Executive can be subject to judicial review, ensuring the rule of law can be upheld (thus protecting civil and political rights particularly) :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 01, 2017, 11:19:12 pm

I don't do World Order but the UN has no binding impact on Australian lawmaking because of the notion of state sovereignty. Ultimately, the UN can influence with proposals, that Australia can either sign, or ratify, etc... but that's the extent of the UN's influence.
Thank you so much!!
Title: Re: Legal Studies Question Thread
Post by: phebsh on August 02, 2017, 06:43:51 pm
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 02, 2017, 06:49:57 pm
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)
Hey! Pretty sure (like 90% sure) they can specify so I think it's best to learn all! :D
Title: Re: Legal Studies Question Thread
Post by: lucyjayne on August 02, 2017, 07:23:44 pm
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)

Syllabus states that they must be studied unfortunately. 
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 02, 2017, 08:05:47 pm
Heyy, regarding Family Law, the end of the syllabus requires us to learn 4 contemporary issues. For trials, should I focus on studying one of the issues, or is there a chance that the question will refer to one specific issue? Thanks! :)

And to add, highly likely you get one specified in the HSC (I actually don't think they will this year but they do it a lot so gotta be prepped for that likelihood ;D)
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 02, 2017, 08:47:31 pm
Hey! Just wondering if anyone knows the severity of punishments for manufacturing, supplying, possessing or using drugs, and why? I can't seem to find this explicitly outlined in any legislation so far but I remember seeing this in a MC question! Thank you :D
Title: Re: Legal Studies Question Thread
Post by: rodero on August 02, 2017, 08:51:58 pm
Hey! Just wondering if anyone knows the severity of punishments for manufacturing, supplying, possessing or using drugs, and why? I can't seem to find this explicitly outlined in any legislation so far but I remember seeing this in a MC question! Thank you :D

I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 02, 2017, 11:44:07 pm
I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything :)
Thank you so much!  ;D I don't think I saved the question but if I do find it I'll definitely send it to you!
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 05, 2017, 11:41:22 pm
I don't know the specific legislation either. What exactly was the multiple choice question that asked for this? From what I know, the possession and use of drugs is mainly dealt with through rehab programs such as the Drug Court. However, the cultivation and supply of drugs is a much more serious offence - I would expect the punishment to be imprisonment? In terms of legislation, you could try the Crimes (Sentencing and Procedures) Act, but I can't guarantee anything :)
So I think I found the Act for this! The Drug Court website mentions that an individual is not eligible if they're charged with certain offences that are punishable under Division 2 of the Drug Misuse and Trafficking Act 1985, and this includes possession, manufacture and cultivation  :)
Title: Re: Legal Studies Question Thread
Post by: rodero on August 06, 2017, 04:00:36 am
So I think I found the Act for this! The Drug Court website mentions that an individual is not eligible if they're charged with certain offences that are punishable under Division 2 of the Drug Misuse and Trafficking Act 1985, and this includes possession, manufacture and cultivation  :)

That's great !

I just had a quick check on the Drug Misuse and Trafficking Act, and it seems about right. However, it seems strange that 'possession' would make a person ineligible for rehab in the Drug Court. Think about it... you would need to be in 'possession' of drugs in order to need drug rehab in the first place, right?

A quick skim over the act gave me a bit of an idea of what exactly 'possession' means. Under Division 2 of the act it says something about 'Traffickable quantity - possession taken to be for supply'. What i'd assume this means is if you possess a large amount of drugs, to the point where it's highly likely that you're distributing, then you wouldn't have access to the Drug Court. However, if you only possess small amounts, where it's clear you only intend to use drugs for personal use, you would probably be given rehab in the Drug Court.

Essentially, Division 2 of the act relates to 'indictable offences' only. So in essence, an individual is granted access to the Drug Court, except for cases where the person has commit an indictable offence (such as distribution, cultivation, possession in traffickable quantity)
Title: Re: Legal Studies Question Thread
Post by: mattmuzz on August 06, 2017, 04:55:20 am
hello for my trial exam for legal our class has not finished all of world order and we have only done the first dot point which is the "nature of world order" and she said the essay question will be from this dot point. So what could be the essay question?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 07, 2017, 08:40:30 am
hello for my trial exam for legal our class has not finished all of world order and we have only done the first dot point which is the "nature of world order" and she said the essay question will be from this dot point. So what could be the essay question?

It really could come from anything, it could even come from the learn to dot points such as "outline the evolving nature of world order" "describe the need for world order" "explain the implications of the nature of conflict on achieving world order" maybe plan how you would respond to these questions and just really memorise the context under each of the other dot points with examples for each so you're able to answer any question asked
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on August 07, 2017, 06:06:54 pm
heyyy guys

so for im trials im doing some multiple choice and i keep on seeing this come up where the choice for the MC is 'a statutory right.' I'm really confused on what is a statutory right. could you please explain it for me? also which rights are statutory just in case it comes again. here is an example of what I mean

Thank you :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 07, 2017, 06:32:31 pm
heyyy guys

so for im trials im doing some multiple choice and i keep on seeing this come up where the choice for the MC is 'a statutory right.' I'm really confused on what is a statutory right. could you please explain it for me? also which rights are statutory just in case it comes again. here is an example of what I mean

Thank you :)

I could be completely wrong but from what I think is that a statutory right is basically any 'right' that has come about through legislation of sorts if that makes sense. But for this answer he doesn't have a 'statutory right' to a lawyer as it is a common law right (because legal aid has certain parameters people have to meet to get the representation)
Title: Re: Legal Studies Question Thread
Post by: bowiemily on August 12, 2017, 03:10:24 pm
I could be completely wrong but from what I think is that a statutory right is basically any 'right' that has come about through legislation of sorts if that makes sense. But for this answer he doesn't have a 'statutory right' to a lawyer as it is a common law right (because legal aid has certain parameters people have to meet to get the representation)

Can vouch for this answer! Statutory rights are things enshrined in legislation (eg. right to legal aid), as compared to common law rights (which are much harder to discern. Off the top of my head, the best interests of the child in medical treatment are enshrined through Marion's Case).
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on August 12, 2017, 06:36:05 pm
heyyy guys

so for im trials im doing some multiple choice and i keep on seeing this come up where the choice for the MC is 'a statutory right.' I'm really confused on what is a statutory right. could you please explain it for me? also which rights are statutory just in case it comes again. here is an example of what I mean

Thank you :)

Was wondering why b) is also wrong in that question?

Also, for this question in a past trial paper, question 5 and 6 I am confused about. The answer to 5 and 6 are both a).
For question 5) would it really be acessory before the fact due to his browsing of that website
and for question 6) Shouldn't it be a poltiical factor, not economical?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 12, 2017, 07:10:06 pm
Was wondering why b) is also wrong in that question?

Also, for this question in a past trial paper, question 5 and 6 I am confused about. The answer to 5 and 6 are both a).
For question 5) would it really be acessory before the fact due to his browsing of that website
and for question 6) Shouldn't it be a poltiical factor, not economical?


Hey there, so this has come up before on the forums and I was baffled last time and I am again this time. I have an ex-police officer on hand and just asked for his opinion too :P

We both think that Andrew is a principal in the first degree. He smashed a window. He directly committed a crime. If the answer is A, potenttttiiiiially they are angling it like, because he gave traffic to the website, he gave it the prevalence it needed to expand, and the protest was organised? But that's a very long stretch. Insufficient evidence is really available for that, I'd say. And typically, the degrees are only used for indictable offences, not summary offences like smashing a window. So, perhaps the scenario is by default talking about the anti-government sentiment, like treason, but that's a weird link/wording of the question.

And for question 6, it really could be B, C, or D, but probably not A. So political factors seems most obvious because - politics. Self-interest could be in there if Samuel and Andrew were anti-war or pacifists, and then maybe social-interest depending on their circumstances (again, insufficient facts given). So, economic factors would only be relevant if it were about the cost of the international conflict on Australia.

So I'm sorry I've been no help here because I've told you why I think the answers that are correct, are incorrect. I cannot understand why those would be the correct answers for either.

Is this from a past paper? Potentially NESA has uploaded the wrong answers?

Edit: Calling upon anyone in the legal-know-how to help here because I'm STUMPED
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on August 12, 2017, 08:28:08 pm
Hey there, so this has come up before on the forums and I was baffled last time and I am again this time. I have an ex-police officer on hand and just asked for his opinion too :P

We both think that Andrew is a principal in the first degree. He smashed a window. He directly committed a crime. If the answer is A, potenttttiiiiially they are angling it like, because he gave traffic to the website, he gave it the prevalence it needed to expand, and the protest was organised? But that's a very long stretch. Insufficient evidence is really available for that, I'd say. And typically, the degrees are only used for indictable offences, not summary offences like smashing a window. So, perhaps the scenario is by default talking about the anti-government sentiment, like treason, but that's a weird link/wording of the question.

And for question 6, it really could be B, C, or D, but probably not A. So political factors seems most obvious because - politics. Self-interest could be in there if Samuel and Andrew were anti-war or pacifists, and then maybe social-interest depending on their circumstances (again, insufficient facts given). So, economic factors would only be relevant if it were about the cost of the international conflict on Australia.

So I'm sorry I've been no help here because I've told you why I think the answers that are correct, are incorrect. I cannot understand why those would be the correct answers for either.

Is this from a past paper? Potentially NESA has uploaded the wrong answers?

Edit: Calling upon anyone in the legal-know-how to help here because I'm STUMPED

Thank you, I thought the same as you. The answers are probably wrong.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 13, 2017, 01:34:26 am
Thank you, I thought the same as you. The answers are probably wrong.

Definitely wrong, someone gets confused about these solutions and posts about it every few weeks, I almost know it before I look at the question aha ;)

Someone should probably tell them to fix it, but there's errors in their solutions dating back even further than this so I'm doubtful it would happen anyway - But definitely incorrect answers :)
Title: Re: Legal Studies Question Thread
Post by: Mounica on August 14, 2017, 06:40:54 pm
Hey Guys,
does anyone know any really good media articles for the world order's contemporary issue : regional and global situations that threaten peace and security.
thanks
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 14, 2017, 07:11:39 pm
What were the implications of the case of Dietrich vs the Queen? I initially thought it meant there was no right to legal representation in Australia, but I'm reading in the 2015 q23 sample HSC short answer that it " developed the importance of a fair trial through the provision of legal aid to the accused in a serious criminal matter" in common law?

Was the case overall beneficial or detrimental (in terms of establishing human rights etc.)
Title: Re: Legal Studies Question Thread
Post by: Caraxyz on August 14, 2017, 08:52:54 pm
Hey, just wondering if anyone had any LCM's for the effectiveness/ineffectiveness of the jury system? Thanks.
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 14, 2017, 08:54:33 pm
Hey, just wondering if anyone had any LCM's for the effectiveness/ineffectiveness of the jury system? Thanks.

the only one i can 'remember' is the one for the amendment of jury verdicts from 12-0 to 11-1... think it's something like "jury act" but a quick google should do it :-)
Title: Re: Legal Studies Question Thread
Post by: rodero on August 14, 2017, 10:28:43 pm
Hey Guys,
does anyone know any really good media articles for the world order's contemporary issue : regional and global situations that threaten peace and security.
thanks

I would definitely find some articles relating to the nuclear threat. It's such a potent issue in the world right now, and it's one that is relevant to the Legal Studies course. Your best bet would be to search for media articles related to North Korea's nuclear arsenal testing. This would work amazingly if you pair it with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), which North Korea left in 2003.

What were the implications of the case of Dietrich vs the Queen? I initially thought it meant there was no right to legal representation in Australia, but I'm reading in the 2015 q23 sample HSC short answer that it " developed the importance of a fair trial through the provision of legal aid to the accused in a serious criminal matter" in common law?

Was the case overall beneficial or detrimental (in terms of establishing human rights etc.)

This case is a bit hazy in my head, so please bear with me.

I don't think there are many implications regarding Dietrich v The Queen; If anything, it has been an effective common law measure which upholds the 'right to a fair trial'. This human right is outlined under Art. 14 and 16 of the ICCPR, and s.8 of the Australian Constitution.

This case established the limited right to legal representation. That is, an individual who is accused of an indictable offence must be given legal representation. The judge may delay the case until such aid is available.

Personally, I see this case as one that is purely beneficial in relation to upholding human rights.

I hope this helped you two, let me know if you have any further questions :)
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on August 15, 2017, 09:50:45 am
Hey i was wondering what bodies would have pushed for the reforms of the right to silence laws? All the media articles seem to be criticising the laws so i don't think it was necessarily them. Thanks!
Title: Re: Legal Studies Question Thread
Post by: rodero on August 15, 2017, 07:21:45 pm
Hey i was wondering what bodies would have pushed for the reforms of the right to silence laws? All the media articles seem to be criticising the laws so i don't think it was necessarily them. Thanks!

Hey !

So i'm going to admit something. I answered this question about 10 minutes ago, but kind of got sidetracked. When I finally posted my response I realised that it actually doesn't answer your question, so I deleted it and typed up a new one. However,  I feel like what I said before could still be handy, so I've copy pasted it below the ACTUAL answer - enjoy :)

Like you said, most NGOs and the media aren't in favour of the Evidence Amendment (Evidence of Silence) Act 2013. Essentially, it means that the accused's defence may be hampered if they do not disclose a vital piece of information during questioning, which they later rely on in trial. Very few bodies actually support the amendment, so I would conclude that it was mostly the government itself that pushed for these laws.

Police Minister Mike Gallacher stated: "The right to silence can be exploited by criminals and failing to answer police can impede investigations ... they won't be able to hide behind their vow of silence any more."

Now, time for my previous answer, which I deleted earlier but may still be useful

Hey, i'm not too familiar with this human right, since I study human trafficking and slavery as my contemporary issue. That being said, I've heard of this while learning about the criminal investigation process - rights of suspects, so I hope I can lend a hand here !

Essentially, there aren't many NGOs that are pushing for this amendment. If I were to guess, I would assume that the NSW Law Reform Commission would have some involvement with it. Out of curiosity, I did a bit of research and found a report by the Australasian Legal Information Institute, which was in response to the Evidence Amendment (Evidence of Silence) Act 2013. Here's a little extract of the report which I believe sums it up nicely:

The Evidence Amendment Act cannot be considered a genuine attempt at law reform in the sense of making changes to improve the law. Rather, it is arguable that the reform is an example of ill-conceived and populist legislation by a NSW government attempting to appear ‘tough’ on crime in response to recent media coverage of the activities of organised crime gangs operating in Sydney.

In case you were wondering, the points that AUSLII brings up are that:
1. The amendment is trying to solve issues that don't exist in the first place
2. The amendment undermines the presumption of innocence
3. It is far too complex and impractical in the legal system

So I would say that there aren't bodies which support the act. If anything, they mainly condemn it. Hope that helps :)
Title: Re: Legal Studies Question Thread
Post by: abachmid on August 17, 2017, 11:21:08 am
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 17, 2017, 01:33:18 pm
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'

Hey! It is very unlikely they would have an essay question target that part of the syllabus by itself - There isn't enough depth to it!! So don't stress about knowing it beyond the knowledge you need to answer MC questions ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 17, 2017, 02:23:46 pm
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'

There's one question I thought of after a student challenged me to make it into an essay question, and I think something like,

"To what extent is the nature of crime considered in sentencing and punishment procedures."

But, drawing at straws ;)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 17, 2017, 02:54:28 pm
HI! what are some possible essay questions we can expect for the syllabus dot point 'nature of crime'

Questions could be to do with situational and social crime prevention though, which is in that part of the syllabus, such as emphasising using those means to reduce crime rather than others
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on August 18, 2017, 06:48:37 pm
Hi :)

I don't get why the answer is High Court.
I thought you could only appeal to there if something was unjust like in Dietrich v Queen
Title: Re: Legal Studies Question Thread
Post by: rodero on August 18, 2017, 08:42:24 pm
Hi :)

I don't get why the answer is High Court.
I thought you could only appeal to there if something was unjust like in Dietrich v Queen

Hey,
So the answer here is definitely the High Court of Australia. I've attached the court hierarchy below - feel free to have a look at it while you read the rest of my answer. The case we've been given starts off at the District Court. From there, an appeal will continue to climb the court hierarchy before reaching the top of the ladder. No matter where a criminal case begins, the highest possible court to hear the matter will be the High Court of Australia. However, the case will need be given special permission first, before an appeal can go through.

Keep in mind that the question is asking for the highest court, so although the Supreme Court and the Court of Criminal Appeal are able to hear the appeal, they are not the highest point of call. Also, a case involving drugs will not necessarily be heard in the Drug Court. That court won't deal with trafficking, as it's primary concern is rehabilitation for drug users.

So for a quick overview, the highest court that may hear an appeal will be the High Court of Australia (it's in the name I guess). Cases won't go straight to the top of the chain, but they'll go through the next highest court, then the next, until they reach the HCA.
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on August 18, 2017, 11:51:10 pm
Hey guys i was wondering if you could please help me in these two questions

1. how does the European union promote human rights?
2. how do NGO's promote and enforce human rights? ( can they really enforce tho? and do you know any really good NGO's that do both enforce and protect)

Thank youuu very much  :P :P :P :P :P
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 19, 2017, 09:55:52 am
Hey guys i was wondering if you could please help me in these two questions

1. how does the European union promote human rights?
2. how do NGO's promote and enforce human rights? ( can they really enforce tho? and do you know any really good NGO's that do both enforce and protect)

Thank youuu very much  :P :P :P :P :P

1. the european union protects human rights through the european court of human rights, where every decision made must be incorporated into the legal systems of member states. (that was worded very badly i apologise it's a bit early for the weekend)
2. NGOs promote human rights as they bring attention to human rights abuses, create programs, etc. you're right - an NGO can't enforce human rights, they can only promote. :-)
Title: Re: Legal Studies Question Thread
Post by: abachmid on August 19, 2017, 10:35:53 am
hey, i was wondering if you could provide me with some potential compliance and non compliance essay topics.
thankssss
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 19, 2017, 01:15:01 pm
hey, i was wondering if you could provide me with some potential compliance and non compliance essay topics.
thankssss

Hey! I'd wager such a question would be fairly broad, perhaps just "How does the legal system encourage compliance?" If they were to hone in on a specific area, it would likely be the criminal investigation process (focusing on police powers) or sentencing. If they don't hone in, those would be where your focus would lie ;D
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on August 19, 2017, 05:32:20 pm
Hello! Heres a question that stumped me:
Which body organisation has the jurisdiction to prosecute crimes against humanity?
I put down the ICC but the answer says ICJ and idk why. If anyone can explain that would be awesome! :)
Thank you
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on August 19, 2017, 09:32:00 pm
Hey Guys,

I know a lot of people don't do the Indigienous people's Option topic, but for those of you who are familar with it, can someone please explain how to state soveringty restricts IP's access to international mechanisms?

Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 20, 2017, 12:14:21 am
Hello! Heres a question that stumped me:
Which body organisation has the jurisdiction to prosecute crimes against humanity?
I put down the ICC but the answer says ICJ and idk why. If anyone can explain that would be awesome! :)
Thank you

i have no idea, i would've put the icc because we're talking about a crime :-/

Hey Guys,

I know a lot of people don't do the Indigienous people's Option topic, but for those of you who are familar with it, can someone please explain how to state soveringty restricts IP's access to international mechanisms?

Thanks, Soha

hi fellow indigenous peoples person!!! state sovereignty restricts IPs access to international mechanisms because in order for international mechanisms to be effective, they must be enacted into domestic law. for an essay on state sovereignty, refer to the various international mechanisms (there's only 2) and incorporate case studies on various IPs from different countries. hope this helps :-)
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on August 20, 2017, 12:33:19 am
Hey,

Thanks for the Reply but now I have a question specific to courts and locus Standi of Indigenous peoples. How does state soveringty restrict  IP's access to international courts ( I know it's something about not having locus standi but don't quite understand it)
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 20, 2017, 12:47:00 am
Hey,

Thanks for the Reply but now I have a question specific to courts and locus Standi of Indigenous peoples. How does state soveringty restrict  IP's access to international courts ( I know it's something about not having locus standi but don't quite understand it)

i have no idea what locus standi is, sorry, but as for international courts, we mostly refer to the international court of justice to resolve disputes with IPs. only recognised nations (that is, countries which have accepted the jurisdiction of the icj) may directly bring a dispute before the court . this means indigenous peoples can’t bring their own case as they are not recognised as their own nation. the Court's powers of enforcement are limited as it must rely on the willingness of the party nations to comply, or depend on pressure from the world or the UN.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 20, 2017, 01:36:14 am
Hello! Heres a question that stumped me:
Which body organisation has the jurisdiction to prosecute crimes against humanity?
I put down the ICC but the answer says ICJ and idk why. If anyone can explain that would be awesome! :)
Thank you

Definitely agree with fantasticbeasts, reckon that's a typo ;D
Title: Re: Legal Studies Question Thread
Post by: soha.rizvi1 on August 20, 2017, 01:19:18 pm
Hey,

I just had a question regarding why the changing values and ethical standards contribute to developmnet of human rights?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on August 20, 2017, 01:24:46 pm
hey

I was wondering if someone could help answer this 4 mark question - what is the importance of human rights?
i have no idea what do i say in this this as my answer
thank you :))  :) :) :) :)
Title: Re: Legal Studies Question Thread
Post by: Claire? on August 20, 2017, 05:29:09 pm
Hi, I was wondering how you would define economic rights? I was asked this question in my trial and was uncertain how to answer it :)
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 20, 2017, 08:19:22 pm
Hey,

I just had a question regarding why the changing values and ethical standards contribute to developmnet of human rights?

if you look at the example of education being a universal human right, people have recognised the importance of education in someone's life, rather than say in the 1700s where not many people were educated. in a way, it's kind of like law reform - human rights follow what society thinks, and what is acceptable. hope this helps!

hey

I was wondering if someone could help answer this 4 mark question - what is the importance of human rights?
i have no idea what do i say in this this as my answer
thank you :))  :) :) :) :)

for this question, make a judgement on why human rights are important, then provide examples (from the first couple of dot points like abolition of slavery, education, environmental rights, etc) showing the evolution of human rights and how they've come to shape society. :-)

Hi, I was wondering how you would define economic rights? I was asked this question in my trial and was uncertain how to answer it :)

oh my gosh i would definitely freak out if i did trials now, because i have no idea. i got this from google: 'Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to adequate standard of living, right to health and the right to science and culture.' i would think economic rights would be like the right for adequate pay, but i honestly don't have a clue
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 20, 2017, 09:30:03 pm
Hey for R v Loveridge
The one punch law's always get brought up but what are they exactly - was there a whole new law passed for it or were they just amendments made to the Crimes Act 1900 - also what were the exact names of the new law/changes
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 20, 2017, 09:32:06 pm
Hi, I was wondering how you would define economic rights? I was asked this question in my trial and was uncertain how to answer it :)

Hey Claire! Adding to the fantastic answer from fantasticbeasts above, economic rights are enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), and it definitely includes the rights to fair working conditions, as well as things like social security, standard of living, shelter, etc. They can overlap quite heavily with the social and cultural rights in the same covenant, and no strict definitions exist of what categorises them one way or the other. We consider them as a whole (for this reason, I doubt this specific question would be asked in the HSC itself, far more likely they'd open it up to the trifecta imo) ;D
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on August 20, 2017, 09:44:01 pm
Hey for R v Loveridge
The one punch law's always get brought up but what are they exactly - was there a whole new law passed for it or were they just amendments made to the Crimes Act 1900 - also what were the exact names of the new law/changes
Hey, so I actually did an assignment on the one punch laws in yr 11 so I think I can help you out :).
The Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW was made to try to prevent alcohol - fuelled violence such as one - punch attacks. This commenced on the 31st of January 2014, and included mandatory sentencing and the lockout laws.
One - punch attackers are now subjected to new sentences. If an offender of this law was under the influence of drugs or alcohol and the person dies there is a minimum sentence of 8 years and a maximum sentence of 25 years.  If the person is not intoxicated by drugs or alcohol a 20 year maximum sentence applies in jail. For those offenders already in jail, if drugs or alcohol were involved their sentence will be increased by 2 years. Under this new amendment police are able to test for drugs and alcohol if the suspect an attacker could have committed the assault under the influence of alcohol or drugs. Somebody could be considered intoxicated if behaviour, co-ordination, speech and balance is clearly affected or they blow a blood - alcohol reading of 0.15 or larger within 6 hours of the act. 

Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 21, 2017, 10:20:51 am
I see so when referring to the new laws that were introduced as a result i should refer to "Crimes and other legislation..."?
If you could also tell me the minimum and max sentences that applied to these offences before this amendment I'd really appreciate that!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 21, 2017, 10:25:30 am
I see so when referring to the new laws that were introduced as a result i should refer to "Crimes and other legislation..."?
If you could also tell me the minimum and max sentences that applied to these offences before this amendment I'd really appreciate that!

Here is a copy of the amendment, it should have everything you need in terms of the changes, and you can use this page to find the version of the Act you want to compare it to (immediately before the amendment or otherwise) ;D
Title: Re: Legal Studies Question Thread
Post by: marcusgrahamm on August 21, 2017, 11:14:49 am
Did anyone else have an 8 mark HR question:

Assess the role of law reform in the development of human rights.

If so how did you/would you attack this?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 21, 2017, 04:16:34 pm
Did anyone else have an 8 mark HR question:

Assess the role of law reform in the development of human rights.

If so how did you/would you attack this?

i haven't done a question like this, but i would relate this to a contemporary issue, because although it doesn't ask that, there is a lot of law reform in those areas. :-) anyone have anything else to add?
Title: Re: Legal Studies Question Thread
Post by: Mounica on August 21, 2017, 05:54:58 pm
Hey guys,
can someone pls explain how i would answer this question:
"assess the effectiveness of legal and non-legal measures in dealing with issues of compliance and non-compliance with laws relating to world order"
Thanks
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 22, 2017, 05:02:11 pm
Hey what could I talk about/paragraph structure for this question
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 23, 2017, 09:25:11 am
Does anyone have any relevant media/non legal responses in the case of R v LMW? - I can't seem to find any
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 23, 2017, 10:59:36 am
Hey guys,
can someone pls explain how i would answer this question:
"assess the effectiveness of legal and non-legal measures in dealing with issues of compliance and non-compliance with laws relating to world order"
Thanks

Hey! You'd be focusing essentially on how different measures force nation states to comply with international standards and to conduct themselves in a peaceful manner. You would also examine how those who are non-compliant are dealt with - Evaluate how things like the UNSC, UN General Assembly, IGO's, bilateral cooperation (etc) achieve these goals ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 23, 2017, 11:10:29 am
Hey what could I talk about/paragraph structure for this question

Hey! This is really a broad question, it's essentially asking you to play off the constant back and forth between "Nation states need to be allowed to do their own thing," (sovereignty), and "Nation states can't be jerks or we'll stop them," (R2P). The paragraph structure, I'd probably do it response by response (UNSC, UNGA, IGO's, etc) and evaluate how effectively each of them strikes the balance. Or you could examine a few contemporary scenarios and base your paragraphs around those ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on August 23, 2017, 11:12:14 am
Does anyone have any relevant media/non legal responses in the case of R v LMW? - I can't seem to find any

This link has a few ;D
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 23, 2017, 12:47:25 pm
Hey! This is really a broad question, it's essentially asking you to play off the constant back and forth between "Nation states need to be allowed to do their own thing," (sovereignty), and "Nation states can't be jerks or we'll stop them," (R2P). The paragraph structure, I'd probably do it response by response (UNSC, UNGA, IGO's, etc) and evaluate how effectively each of them strikes the balance. Or you could examine a few contemporary scenarios and base your paragraphs around those ;D

Great thank you so much! I think I'll go with the contemporary issues
Title: Re: Legal Studies Question Thread
Post by: Mounica on August 23, 2017, 06:58:50 pm
Hey! You'd be focusing essentially on how different measures force nation states to comply with international standards and to conduct themselves in a peaceful manner. You would also examine how those who are non-compliant are dealt with - Evaluate how things like the UNSC, UN General Assembly, IGO's, bilateral cooperation (etc) achieve these goals ;D
can u pls give me a non-compliance example.
thanks
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 23, 2017, 07:13:05 pm
can u pls give me a non-compliance example.
thanks

Nicaragua v USA is one I like to use, basically the USA were ordered to pay damages to Nicaragua after being found by the ICJ to have used excessive force for their own benefit and support guerrillas rebelling against the government. But USA vetoed the resolution and ignored the decision of the ICJ, showing how state sovereignty can cause non compliance as nation states (and especially permenant members!) are able to ignore ICJ ruilings. Research it a bit more to go a bit more in depth and to ensure my information is correct haha!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 24, 2017, 11:55:34 am
@jamon I don't have a state library membership so I can't access those articles haha
Title: Re: Legal Studies Question Thread
Post by: chelseam on August 24, 2017, 12:51:22 pm

@jamon I don't have a state library membership so I can't access those articles haha
I'm pretty sure it's free to sign up for? You can go on their website and fill in an application for a library card which they can mail to you!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 24, 2017, 04:22:48 pm
Yup I've done so now thanks :)

General HSC paper question:
How much do you guys write for the essays? In my trial i wrote 2 paragraphs for each essay (as I didn't have time to prepare more LCM's) but this left with a crazy amount of time left over
Do most people do 3 paragraphs/issues/case studies per essay?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 24, 2017, 05:57:09 pm

General HSC paper question:
How much do you guys write for the essays? In my trial i wrote 2 paragraphs for each essay (as I didn't have time to prepare more LCM's) but this left with a crazy amount of time left over
Do most people do 3 paragraphs/issues/case studies per essay?

are you referring to the two 25 markers for your options, or the crime essay?
Title: Re: Legal Studies Question Thread
Post by: sidzeman on August 24, 2017, 07:51:14 pm
Both actually
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 24, 2017, 08:10:45 pm
Both actually

I did three paragraphs for each, crime question I wrote four pages and options I wrote a tiny bit over 5
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on August 24, 2017, 08:44:19 pm
Both actually

i did around 3.5 pages for crime, 6 for options. i aim to do about 4 small to medium sized body  paragraphs for crime and 4 huge body paragraphs for the options. :-)
Title: Re: Legal Studies Question Thread
Post by: rodero on August 25, 2017, 08:23:52 am
Hey, guys :)

For those of you who do/did World Order, how do you structure your body paragraphs? I get that this structure is supposed to be dependent on the question at hand, but in all honesty I just find myself relating everything to the contemporary issues. In my trials, although the question was asking for 'The effectiveness of the UN and NGOs', I just structured it with R2P, situations that threaten peace and the nuclear threat. This might be completely wrong, but the 'Responses to world order' heading is basically covering strategies that have been done to resolve the 'Contemporary Issues'.

I find it confusing when I hear my cohort or people here structure their essays with complete paragraphs on the ICJ, UNGA, UNSC - I mean, I get they relate to the trial question since its 'The effectiveness of the UN', but shouldn't they be grouped together, rather than analysed individually since they operate as a whole body? For instance, America's unlawful invasion of Iraq in 2003 was a situation that threatened peace - it involved the UNSC, the UNGA and the ICJ. They were all mutually involved, so how are people able to separate them? I just don't know how to substantiate an essay where each paragraph is limited to a specific organ of the UN.

Anyway, sorry about my little rant - I just find it a bit frustrating that I seem to be alone in terms of how I structure my essay. It just seems to be easier and allows me to adapt to a variety of questions in my opinion. If anybody here used a structure such as: ICJ, UNSC, UNGA, NGOs for their CSSA trial question, or any similar question, than please tell me how you substantiated it and what LCMs you used in each.

If anything, I'm mainly looking for clarification on the point I raised earlier - The 'Responses to World Order' are basically what has been done to resolve the 'Contemporary Issues', aren't they? If that's the case, is there anything that is stopping me from relating everything to the contemporary issues?

Thanks guys :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 25, 2017, 02:35:39 pm
Hey, guys :)

For those of you who do/did World Order, how do you structure your body paragraphs? I get that this structure is supposed to be dependent on the question at hand, but in all honesty I just find myself relating everything to the contemporary issues. In my trials, although the question was asking for 'The effectiveness of the UN and NGOs', I just structured it with R2P, situations that threaten peace and the nuclear threat. This might be completely wrong, but the 'Responses to world order' heading is basically covering strategies that have been done to resolve the 'Contemporary Issues'.

I find it confusing when I hear my cohort or people here structure their essays with complete paragraphs on the ICJ, UNGA, UNSC - I mean, I get they relate to the trial question since its 'The effectiveness of the UN', but shouldn't they be grouped together, rather than analysed individually since they operate as a whole body? For instance, America's unlawful invasion of Iraq in 2003 was a situation that threatened peace - it involved the UNSC, the UNGA and the ICJ. They were all mutually involved, so how are people able to separate them? I just don't know how to substantiate an essay where each paragraph is limited to a specific organ of the UN.

Anyway, sorry about my little rant - I just find it a bit frustrating that I seem to be alone in terms of how I structure my essay. It just seems to be easier and allows me to adapt to a variety of questions in my opinion. If anybody here used a structure such as: ICJ, UNSC, UNGA, NGOs for their CSSA trial question, or any similar question, than please tell me how you substantiated it and what LCMs you used in each.

If anything, I'm mainly looking for clarification on the point I raised earlier - The 'Responses to World Order' are basically what has been done to resolve the 'Contemporary Issues', aren't they? If that's the case, is there anything that is stopping me from relating everything to the contemporary issues?

Thanks guys :)

To be honest I think you should do what you're most comfortable with, that's if it works! Have you got trial results back and did you get a mark you're happy with? Cause if so I say stick to it! Although some questions may make you structure things differently.

For instance, my world order trial question I chose was to do with compliance and non compliance, and I structured my paragraphs into one talking about the UN and various international instruments and I narrowed into looking at the Geneva Protocol 1925, that took about 28 lines

Next paragraph was on state sovereignty and I used the Treaty on the Non Proliferation Nuclear weapons as my central example, taking 25 lines

Security council and veto powers was my next paragraph and I used Russian motivation in Syria as my example, taking 31 lines

Last paragraph for that question was on the ICJ in which I used USA v Nicuragua as my key example taking 24 lines

Of course in addition to the LMCID used above I had various articles from the UN charter and all that but I just thought I'd let you know what the main examples I used were. I wrote 4.5 pages


But then in another assessment I had on R2P And state sovereignty I did three paragraphs on certain issues instead of my set out before, one being on the paradox of the two terms, the next on Libya and the other on Syria. I don't have it on me right now so I don't know how many lines I used for each

So basically after that long explanation, I really think you should go with what you are more comfortable with if that is what works for you. I'd have to say I'm more comfortable doing the first format but if a question in the hsc comes up where the second style is better suited then I'll be using that. Maybe do a few practice questions on structuring it like your other classmates have just to see how you feel about it :)
Title: Re: Legal Studies Question Thread
Post by: rodero on August 25, 2017, 07:00:48 pm
To be honest I think you should do what you're most comfortable with, that's if it works! Have you got trial results back and did you get a mark you're happy with? Cause if so I say stick to it! Although some questions may make you structure things differently.

Hey, thanks so much for the reply - it's really insightful!

With your structure, I can see that the evidence you use is practically identical to my own. That is, I had Russia's veto power as my key case in my paragraph of R2P, and the Non-Proliferation Treaty for global situations that threaten peace. Now that I think about it, our structures aren't too different from one another and are actually very similar! I feel as though we've basically just swapped our sentences around; For instance, you have a paragraph on the NPT, where I presume you would then mention the nuclear threat. In my circumstance, I start off with the nuclear threat and then bring in the NPT - very, very similar :)

In terms of how I went in my trials, I couldn't be happier with my Legal Studies results. It was a much needed boost of confidence, especially after getting my other results back. The section where I thought I would do the worst in (human rights), was actually one of my best sections! In the CSSA paper discussion thread, I was freaking over the 7 marker since it was on refugees - something that we hadn't ever covered before. I ended up manipulating the quote so that it could suit my own contemporary issue. That is, I said something along the lines of:

As is stated in the reference, state sovereignty allows Australia to "pass laws" in order to protect or hinder human rights. However, state sovereignty does not limit Australia to simply dealing with the issue of refugees and asylum seekers - they may also "pass laws" to address the issue of human trafficking and slavery.


So yeah, walking out of that exam I was absolutely freaked that I would fail that section completely. I just thought that was such a wild question which was on something that I knew nothing about. Turns out that me, along with a friend of mine were the only students who were able to read between the lines and insert our own contemporary issue. Anyway, I've probably gone far off topic by now. Sorry about that, it's just that I'm so stoked about how I went.

I hope that you are happy about how you went overall :) Once again, thank you so much for giving me some insight into how you structure your World Order essays
Title: Re: Legal Studies Question Thread
Post by: paigek3 on August 25, 2017, 08:33:59 pm
Hey, thanks so much for the reply - it's really insightful!

With your structure, I can see that the evidence you use is practically identical to my own. That is, I had Russia's veto power as my key case in my paragraph of R2P, and the Non-Proliferation Treaty for global situations that threaten peace. Now that I think about it, our structures aren't too different from one another and are actually very similar! I feel as though we've basically just swapped our sentences around; For instance, you have a paragraph on the NPT, where I presume you would then mention the nuclear threat. In my circumstance, I start off with the nuclear threat and then bring in the NPT - very, very similar :)

In terms of how I went in my trials, I couldn't be happier with my Legal Studies results. It was a much needed boost of confidence, especially after getting my other results back. The section where I thought I would do the worst in (human rights), was actually one of my best sections! In the CSSA paper discussion thread, I was freaking over the 7 marker since it was on refugees - something that we hadn't ever covered before. I ended up manipulating the quote so that it could suit my own contemporary issue. That is, I said something along the lines of:

As is stated in the reference, state sovereignty allows Australia to "pass laws" in order to protect or hinder human rights. However, state sovereignty does not limit Australia to simply dealing with the issue of refugees and asylum seekers - they may also "pass laws" to address the issue of human trafficking and slavery.


So yeah, walking out of that exam I was absolutely freaked that I would fail that section completely. I just thought that was such a wild question which was on something that I knew nothing about. Turns out that me, along with a friend of mine were the only students who were able to read between the lines and insert our own contemporary issue. Anyway, I've probably gone far off topic by now. Sorry about that, it's just that I'm so stoked about how I went.

I hope that you are happy about how you went overall :) Once again, thank you so much for giving me some insight into how you structure your World Order essays


Oh right! I did indepdent paper but would love to look through CSSA. Super glad to hear you're happy with your result! Overall I am happy but I was only 2 marks off my goal mark so that was a little annoying but yeah still relieved!
Title: Re: Legal Studies Question Thread
Post by: mystermark on August 29, 2017, 10:36:57 am
Hi Elyse!

I got a REALLY bad mark for world order essay for my trials,
I was wondering on how to study for it because it is so different compared to other topics
Title: Re: Legal Studies Question Thread
Post by: abachmid on August 29, 2017, 12:08:11 pm
PLS HELP ME ATAR NOTES,
how do i write a compliance and non-compliance essay for consumer and family, like do i just write a base essay and link it to that? im struggling mostly with my introduction :(
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on August 29, 2017, 09:55:08 pm
Hi Elyse!

I got a REALLY bad mark for world order essay for my trials,
I was wondering on how to study for it because it is so different compared to other topics

Hello!! I'm sorry to hear this :( I'm going to ask questions first and then we can try and build a more productive plan for you!

What let you down - was it the facts? Media? Coherence of the essay?
And in comparison, how were your other essays?

If you can let me know a bit about this I might be able to give you really pertinent examples of how to study :)

PLS HELP ME ATAR NOTES,
how do i write a compliance and non-compliance essay for consumer and family, like do i just write a base essay and link it to that? im struggling mostly with my introduction :(

HERE TO HELP!!!
Although, I'm a little confused about your question. Are you talking about integrating compliance and non-compliance into your essays, or writing an essay about compliance and non-compliance specifically? I admit that compliance and non-compliance is not as easy for family and consumer as it is for crime or world order, but I think it is easier for consumer than it is for family. There are certain aspects of the family syllabus that are really well adapted to compliance and non-compliance (C&NC), like domestic violence. But when it comes to things like divorce/separation, it's got really hardly anything to do with C&NC until you dig deeper into what comes about aftttter these things - like parenting orders, splitting of assets, etc.

Let me know about my first question - is it the entire essay or are you incorporating it? Then I can help with the intro! :)

Title: Re: Legal Studies Question Thread
Post by: maria1999 on August 31, 2017, 07:02:22 pm
hi everyone!
I'm trying to write a world order essay and this is the question
"Evaluate the role of state soverignty in assisting and impeding the resolutions of world order issues"

I'm not quite sure how to write the intro. I feel like I should mention North Korea and such but what else could I talk about. I know there is a lot but I can't seem to gather my thoughts together. Any help would be much appreciated!
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on September 03, 2017, 01:22:17 am
I was wondering what areas would be good to focus on when explaining how the USA upholds democratic principles   
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 03, 2017, 03:00:02 pm
hi everyone!
I'm trying to write a world order essay and this is the question
"Evaluate the role of state soverignty in assisting and impeding the resolutions of world order issues"

I'm not quite sure how to write the intro. I feel like I should mention North Korea and such but what else could I talk about. I know there is a lot but I can't seem to gather my thoughts together. Any help would be much appreciated!

Hi! So you'll definitely want to focus on some contemporary scenarios (world order issues, links nicely to the question) - At least that's how I'd do it! So basically in the introduction you'd want to:

- Establish what it means to 'resolve' a world order issue and why this is important (increasing globalised society, we all need to get along with rainbows and sunshine, etc)
- Mention the methods/avenues through which they can be resolved
- Mention some of the issues you'll be focusing on (North Korea, and ????)
- Make a judgement of how effectively those issues were handled by the methods/avenues

North Korea is a good contemporary issue. The Islamic State, and all surrounding terror issues, would be another. Going back a little further, the Russia/Ukraine issue from 2014 (or so) would be a good one, even things like Brexit might be useful ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 03, 2017, 03:02:13 pm
I was wondering what areas would be good to focus on when explaining how the USA upholds democratic principles   

Hey! Maybe stuff on the right to vote in US Elections? That's all I'd think of from the top of my head :)

PS - I'd love to start up a question thread for the question this subject is from in the WACE section, is your subject Politics and Law or?
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on September 03, 2017, 09:34:24 pm
Yes it is :D
Hey! Maybe stuff on the right to vote in US Elections? That's all I'd think of from the top of my head :)

PS - I'd love to start up a question thread for the question this subject is from in the WACE section, is your subject Politics and Law or?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 03, 2017, 10:00:49 pm
Yes it is :D

Have at it! I'd love to get some more people doing their WACE posting on the forums, that's why I've been sort of shifting you back to the WACE section - How cool is it for you to say you were the first proper ATAR Notes user in Western Australia? ;)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 04, 2017, 10:50:15 am
I was wondering what areas would be good to focus on when explaining how the USA upholds democratic principles   


Just an idea...I think there's something about the right to vote for criminals? I don't know if it differs by state, but I *think* it's that being charged with an indictable offence removes your right to vote, and a summary offence (or their equivalent) doesn't remove your right. And also, I can't remember if the right to vote is reinstated after you've done your time? I seem to think it's not. Might be worth discussing this, although it's a small part - if you're talking about voting democratically then this could be included :)
Title: Re: Legal Studies Question Thread
Post by: maria1999 on September 05, 2017, 06:26:47 pm
Hi! So you'll definitely want to focus on some contemporary scenarios (world order issues, links nicely to the question) - At least that's how I'd do it! So basically in the introduction you'd want to:

- Establish what it means to 'resolve' a world order issue and why this is important (increasing globalised society, we all need to get along with rainbows and sunshine, etc)
- Mention the methods/avenues through which they can be resolved
- Mention some of the issues you'll be focusing on (North Korea, and ????)
- Make a judgement of how effectively those issues were handled by the methods/avenues

North Korea is a good contemporary issue. The Islamic State, and all surrounding terror issues, would be another. Going back a little further, the Russia/Ukraine issue from 2014 (or so) would be a good one, even things like Brexit might be useful ;D

yes, that sounds like a great structure! Thanks so much Jamon!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on September 05, 2017, 07:43:50 pm
Hey everyone! I was reading through one of the World Order essay questions in the HSC 2013 paper which was:
"To what extent have legal and non­legal measures responded to the evolving nature of world order?"

With this, can I talk about the implementation of the United Nations, role of state sovereignty and nature of conflict? It's kind of broad question, as there's so many things I could talk about.

Thanks!!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 05, 2017, 07:49:19 pm
Welcome to the forums! Yep, you absolutely can discuss those things. The evolving nature demands you recognise changes in the responses over time. Discuss any reforms that are relevant to your ideas to make sure you are answering that part of the question ;D
Title: Re: Legal Studies Question Thread
Post by: Korrasami on September 05, 2017, 08:01:37 pm
Welcome to the forums! Yep, you absolutely can discuss those things. The evolving nature demands you recognise changes in the responses over time. Discuss any reforms that are relevant to your ideas to make sure you are answering that part of the question ;D

So would a reform in terms of the UN be the the UN Criminal Court?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 05, 2017, 09:24:22 pm
So would a reform in terms of the UN be the the UN Criminal Court?

Yep, the introduction of the International Criminal Court definitely qualifies (though don't shift too much into international crime stuff) ;D
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on September 06, 2017, 10:35:49 am
Hey i was wondering if the United Nations High Commissioner for Refugees was a legal or non legal international response? Thanks!
Title: Re: Legal Studies Question Thread
Post by: rodero on September 06, 2017, 07:34:17 pm
Hey guys,

Can someone please clarify what law reform entails when referring to World Order? In the CSSA trials we were given the question:
"To what extent has law reform responded effectively to regional and global situations that threaten peace and security?"
I mean, law reform would be a godsend question in any OTHER topic, but what the heck does it mean here? I'd assume that it means things like international treaties, declarations etc. but I'd still like a second voice to clarify these things.

Thanks :)
Title: Re: Legal Studies Question Thread
Post by: Korrasami on September 06, 2017, 08:44:53 pm
Also in regards to this question: "To what extent does the law encourage cooperation to achieve world order?", would it be more beneficial to look more on the contemporary issues? The law part of the question is having me a bit confused in what areas I can talk about...
Title: Re: Legal Studies Question Thread
Post by: austv99 on September 07, 2017, 12:47:16 pm
Hey,
I'm struggling to come up with ideas for technology as a contemporary issue in the consumer topic.
Any ideas?
TIA
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on September 07, 2017, 04:04:04 pm
Hey,
I'm struggling to come up with ideas for technology as a contemporary issue in the consumer topic.
Any ideas?
TIA
Hey,
So for technology the internet has facilitated services such as:
My class watched the ABC, four corners program, 'In google we trust', which mainly talks about internet advertising. It said that 95% of googles money is through targeted advertising.
In terms of media, Fraudulent Airbnb listings increasing, with $88,000 lost to consumers last year from the SMH, shows that consumers are not safeguarded and is negative as the law is not keeping up with the changes in technology. This article Fake online reviews: How masking can hide negative comments on TripAdvisor could be used for marketing innovations as well as technology and shows that Meriton altered, deleted or hid emails that gave negative reviews. It was positive as the ACCC were able to catch and investigate this case.
Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 07, 2017, 04:13:16 pm
Also in regards to this question: "To what extent does the law encourage cooperation to achieve world order?", would it be more beneficial to look more on the contemporary issues? The law part of the question is having me a bit confused in what areas I can talk about...

This is similar to my trials question. I took the law as any legal responses really but key focuses on bringing in various articles from international instruments and stemming my arguments around them e.g. Article 2(7) outlines state sovereignty then introduced how that causes non compliance
Title: Re: Legal Studies Question Thread
Post by: sweetxpple on September 09, 2017, 10:28:12 am
Hi !

I was wondering if 'bills' counted as a legal response? I want to talk about the Migration Legislation Amendment (Regional Processing Cohort) Bill 2016 and how it is ineffective legal response to asylum seekers and refugees (as it violates Australia's international human rights obligations) but it hasn't been enforced as law.

Thank you!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on September 09, 2017, 11:10:51 am
Hi !

I was wondering if 'bills' counted as a legal response? I want to talk about the Migration Legislation Amendment (Regional Processing Cohort) Bill 2016 and how it is ineffective legal response to asylum seekers and refugees (as it violates Australia's international human rights obligations) but it hasn't been enforced as law.

Thank you!

i would say they are! then you can say something's being done about it, but say it's ineffective because of the reasons you've stated above :-)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 09, 2017, 01:27:37 pm
Hey i was wondering if the United Nations High Commissioner for Refugees was a legal or non legal international response? Thanks!

Hey Caitlin! Sorry for the late reply, but I'd call that a legal response as it is an aspect of the legal response of the United Nations ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 09, 2017, 01:30:51 pm
Hey guys,

Can someone please clarify what law reform entails when referring to World Order? In the CSSA trials we were given the question:
"To what extent has law reform responded effectively to regional and global situations that threaten peace and security?"
I mean, law reform would be a godsend question in any OTHER topic, but what the heck does it mean here? I'd assume that it means things like international treaties, declarations etc. but I'd still like a second voice to clarify these things.

Thanks :)

Hey rodero! Sorry for the late reply mate. I agree with your interpretation, could definitely cover new treaties, new declarations - I'd rationalise the importance of it by saying that as the world becomes interconnected, laws must be introduced to safeguard global peace and security. You could do how the law changes in response to contemporary scenarios. You could even do the shift from state sovereignty to R2P. Lots of options! ;D
Title: Re: Legal Studies Question Thread
Post by: sweetxpple on September 09, 2017, 02:16:09 pm
Hi Again

for the students learn to 'investigate a contemporary human rights issue and evaluate the effectiveness of legal and non-legal responses to the issue', if there's a bill, etc. that bans asylum seekers and refugees from coming to Australia, is it a response? Or does the response have to be enforcing human rights and then evaluate whether its effective or not? I'm a bit confused, because the government has been stripping human rights from asylum seekers (rather than try to enforce anything) and so I can't really evaluate whether its working since it isnt meant to enforcing rights??

Thank you!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 09, 2017, 02:20:56 pm
Hi Again

for the students learn to 'investigate a contemporary human rights issue and evaluate the effectiveness of legal and non-legal responses to the issue', if there's a bill, etc. that bans asylum seekers and refugees from coming to Australia, is it a response? Or does the response have to be enforcing human rights and then evaluate whether its effective or not? I'm a bit confused, because the government has been stripping human rights from asylum seekers (rather than try to enforce anything) and so I can't really evaluate whether its working since it isnt meant to enforcing rights??

Thank you!

Hey! You can definitely evaluate such a Bill, and it's actually a great find! You evaluate it by saying, "The government is doing an AWFUL job protecting human rights in terms of asylum seekers, and this Bill evidences that. Not only are they not enforcing existing rights, they are taking them away."

Obviously put more formally and with evidence, but that's the idea! ;D
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on September 10, 2017, 03:51:23 pm
Hey Caitlin! Sorry for the late reply, but I'd call that a legal response as it is an aspect of the legal response of the United Nations ;D
no worries thanks!
Title: Re: Legal Studies Question Thread
Post by: Mounica on September 13, 2017, 09:17:59 am
Hey Guys
does anyone have notes on the indigenous people option topic??
Title: Re: Legal Studies Question Thread
Post by: Mounica on September 13, 2017, 10:39:37 am
Hey guys,
i was looking through past HSC papers and i came across these question:
"Discuss how the nature of conflict provides challenges for achieving world
order"
"To what extent have legal and non ­legal measures responded to the evolving nature of world order"
can someone pls explain how i would set out the essay and also what i should talk about.
Thanks
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 13, 2017, 02:25:11 pm
Hey guys,
i was looking through past HSC papers and i came across these question:
"Discuss how the nature of conflict provides challenges for achieving world
order"
"To what extent have legal and non ­legal measures responded to the evolving nature of world order"
can someone pls explain how i would set out the essay and also what i should talk about.
Thanks

Hello! You've got a LOT to talk about in both of these essays.

Firstly, with the question about the nature of conflict, you can touch on any of the following and make them a point of discussion:
-Economic interests of a nation
-Allies across nations
-State sovereignty
-Representation of nations in the UN (UNGA and (UNSC)
-How UNSC resolutions work
-Conflict that spills over borders as opposed to conflict that stays within borders (hello R2P)

With the second, you are taking an approach that's based more on the responses - they can be domestic and international, although the topic naturally inclines itself to the international sphere. So, talk about Geneva Conventions, RP2, UNSC, UNGA, NGOs, and make sure you focus on "evolving" nature - the ways that world order is approached is very different when looking at WW2 and now! :)
Title: Re: Legal Studies Question Thread
Post by: jadzia26 on September 15, 2017, 04:44:06 pm
For the Family Option, do we treat "Surrogacy and Birth Technologies" as two separate areas or deal with them holistically?
The text book focuses on them separately but my teacher didn't really teach it properly so I don't know how to do my notes on them.
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on September 15, 2017, 05:12:09 pm
For the Family Option, do we treat "Surrogacy and Birth Technologies" as two separate areas or deal with them holistically?
The text book focuses on them separately but my teacher didn't really teach it properly so I don't know how to do my notes on them.

I would regard them as the same topic since surrogacy is a birth technology that also involves implanting embryos like they do in IVF. Most essays I've read address them in the same paragraph argument.
Title: Re: Legal Studies Question Thread
Post by: rodero on September 15, 2017, 07:09:29 pm
For the Family Option, do we treat "Surrogacy and Birth Technologies" as two separate areas or deal with them holistically?
The text book focuses on them separately but my teacher didn't really teach it properly so I don't know how to do my notes on them.

I'm going to have to disagree with MisterNeo here =/

First off, let me start by saying that a 'Birth technology and surrogacy' question probably won't come up this year as it was last years essay question. That being said, here is a link to the marking criteria. Just ctrl+f and type in "birth technologies and surrogacy"

Now what I want to point out here specifically is the first dot point of each band. In order to reach anywhere from 16-25 you need to talk about "birth technologies AND surrogacy", whereas a mark that is 15 or lower will only mention "birth technologies AND/OR surrogacy". This would imply that both need to be treated separately in your essay. Keep in mind that there are laws that specifically deal with surrogacy, and laws that deal with birth technologies in general.

I'd also like to point out that surrogacy is not always a form of birth technology; it can be sometimes, but not always. Surrogacy can also be done naturally, rather than implemented artificially through IVF or artificial insemination.

Hope that clears it up :)
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on September 16, 2017, 10:21:01 am
Hi All,

Does anyone know roughly what raw exam mark in Legal Studies you would need to get a state rank

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 16, 2017, 10:48:13 am

Hi All,

Does anyone know roughly what raw exam mark in Legal Studies you would need to get a state rank

Thanks

You'd probably be looking at above 95% at least I reckon, aligning to the high 90's
Title: Re: Legal Studies Question Thread
Post by: jadzia26 on September 16, 2017, 05:56:15 pm
I'm going to have to disagree with MisterNeo here =/

First off, let me start by saying that a 'Birth technology and surrogacy' question probably won't come up this year as it was last years essay question. That being said, here is a link to the marking criteria. Just ctrl+f and type in "birth technologies and surrogacy"

Now what I want to point out here specifically is the first dot point of each band. In order to reach anywhere from 16-25 you need to talk about "birth technologies AND surrogacy", whereas a mark that is 15 or lower will only mention "birth technologies AND/OR surrogacy". This would imply that both need to be treated separately in your essay. Keep in mind that there are laws that specifically deal with surrogacy, and laws that deal with birth technologies in general.

I'd also like to point out that surrogacy is not always a form of birth technology; it can be sometimes, but not always. Surrogacy can also be done naturally, rather than implemented artificially through IVF or artificial insemination.

Hope that clears it up :)

Thank you that makes so much more sense!!
I thought it was to be done separately as the textbook orders it that way and i don't know how you would integrate them whilst adhering to the level of detail required for a 25 mark essay but my teacher hasn't taught us any legislation really... she wasted 2 weeks doing nothing so my class doesn't actually know anything (makes it hard lol) but thanks so much for clearing it up I'll definitely structure my notes separately for it now :)
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on September 17, 2017, 09:21:49 am
You'd probably be looking at above 95% at least I reckon, aligning to the high 90's

Ok great, I heard you state ranked Jamon, did you buy your papers backand see what your raw mark was.

I got 95 % in my trials and dropped 4 out of the 5 marks in the multi so im interested to see how a person like you who state ranked got in different sections of the paper
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 17, 2017, 11:30:44 am
Ok great, I heard you state ranked Jamon, did you buy your papers backand see what your raw mark was.

I got 95 % in my trials and dropped 4 out of the 5 marks in the multi so im interested to see how a person like you who state ranked got in different sections of the paper

Nah I didn't get it back to check! I wish I did in hindsight, but what do you do.

If it helps, in Trials pretty much all my marks were lost in MC as well (Trial MC's are usually harder than HSC MC's). I think I lost a mark in my Family essay and a mark in short answers - Or maybe it was half a mark? I've got 14.5 in my head for some reason :P but then like four marks or so in MC. If you are losing most of your marks there, that's a really good sign ;D
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on September 21, 2017, 08:52:44 pm
hey i was wondering what legislation/measures were in place to help witnesses, especially those in domestic violence/sexual assault when giving evidence in trial? I know victims can give V.I.S by video but i can't find what measures are for witnesses. Thanks!
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on September 23, 2017, 04:30:15 pm
Hi all,

Quick Question on the Crime Essay

How many Issues/ concpets should include per essay

I currently do 3 concepts and go into pretty significant detail but would it be better to do more concepts and less LCMID's per concept?
Title: Re: Legal Studies Question Thread
Post by: rodero on September 23, 2017, 07:16:25 pm

Hi all,

Quick Question on the Crime Essay

How many Issues/ concpets should include per essay

I currently do 3 concepts and go into pretty significant detail but would it be better to do more concepts and less LCMID's per concept?

Hey,
I think of a 'concept' as a syllabus dot point, such as bail or remand. I generally limit myself to three paragraphs where I mention one concept in each. This allows me to go into much greater detail and I can show the positives and negatives which relate to it. That being said, some questions are really limiting and there won't be much you can really say in each 'concept'. In these situations feel free to have smaller paragraphs so that you can mention more than just the standard three.

So essentially, my rule of thumb is to have three 'concepts' in an essay like you said. However, if the question limits you a lot and you can't go into extreme detail with just three, go ahead and have smaller paragraphs where you mention more. :)
Title: Re: Legal Studies Question Thread
Post by: rodero on September 23, 2017, 07:33:33 pm

hey i was wondering what legislation/measures were in place to help witnesses, especially those in domestic violence/sexual assault when giving evidence in trial? I know victims can give V.I.S by video but i can't find what measures are for witnesses. Thanks!

My knowledge here is really, really vague but I'll try to do my best here. From what I remember, testimonies can be delivered through a closed-circuit television so that the victim, and maybe the witness don't need to face the accused in court. I'm so sorry that I can't cite any actual legislation but that's all I can really think of

I remember doing sexual assault as a contemporary issue in prelim, so try checking some prelim textbooks for a more direct answer. :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 23, 2017, 11:24:53 pm
hey i was wondering what legislation/measures were in place to help witnesses, especially those in domestic violence/sexual assault when giving evidence in trial? I know victims can give V.I.S by video but i can't find what measures are for witnesses. Thanks!

Hi Caitlin! I've struggled to find info on this, it wasn't something I put a lot of study into for my own HSC.

There's a document here with brief mentions of measures in place on page 39 and 59. It might help!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on September 24, 2017, 09:22:23 pm
Question on option topics:
It seems like the legal syllabus is pretty flawed - you're only on both options with one essay. Doesn't this mean learning all the syllabus dot points for these options is completely unnecessary - all you need is lcm's. I did this for my trial and still managed a mid 80% mark. Just asking for your opinions on this - did you study it all or just lcm's
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 24, 2017, 09:25:52 pm

Question on option topics:
It seems like the legal syllabus is pretty flawed - you're only on both options with one essay. Doesn't this mean learning all the syllabus dot points for these options is completely unnecessary - all you need is lcm's. I did this for my trial and still managed a mid 80% mark. Just asking for your opinions on this - did you study it all or just lcm's

I just studied LCM’s! You’re 100% right - Only learn the content that you can use in essays (which is very little besides LCM’s )
Title: Re: Legal Studies Question Thread
Post by: matkdifjq on September 25, 2017, 04:20:06 pm
Question!

For our options, the general trend of the question seems to be one about specific issue (surrogacy/birth tech in family) and another more general theme/challenge based (resolving conflict in family).

Would it be safe to answer the general question with reference to only one issue?

For example, if the general question asks about legal and non legal measures in achieving just outcomes for family members, could I just talk about same sex couples (with discrimination, marriage and divorce forming my main paragraphs)?

Cheers for your time :)
Title: Re: Legal Studies Question Thread
Post by: rodero on September 25, 2017, 11:24:17 pm
Question!

For our options, the general trend of the question seems to be one about specific issue (surrogacy/birth tech in family) and another more general theme/challenge based (resolving conflict in family).

Would it be safe to answer the general question with reference to only one issue?

For example, if the general question asks about legal and non legal measures in achieving just outcomes for family members, could I just talk about same sex couples (with discrimination, marriage and divorce forming my main paragraphs)?

Cheers for your time :)

Hey,
If nobody has said so yet, welcome to the forums! I hope you find it as helpful a place as I have  :)

On with your question, I agree that options essays tend to resemble that sort of style. I will however warn you that this isn't always the case.
There have been years where both questions asked for a specific issue, as well as a theme/challenge. Take 2015 for instance:

a) To what extent is law reform regarding alternate family relationships a reflection of changing values?
Here you have two themes/challenges, being law reform and changing values. You then have the specific issue being alternate family relationships (yikes)

b) Assess the effectiveness of legal and non-legal responses in dealing with domestic violence
Again, we have a combination of the themes/challenges and a specific issue

Honestly though, the entire 2015 paper was a mess so I would be fairly confident that our year would be that specific issue / theme/challenge style questions. Just note that you need to be prepared to talk about specific issues and a theme/challenge in the same essay, because it is very much so possible.

Now for your question:
Would it be safe to answer the general question with reference to only one issue?


Personally, I wouldn't recommend this. To begin, what I assume you mean by "issues" are the contemporary issues in the syllabus. Now you could technically do this since the question doesn't specify which section of the syllabus you need to talk about. But that's the thing - the question isn't limiting you, so why limit yourself? If anything, limiting yourself to just the issue of 'same sex relationships' actually detracts from the completeness of your argument. To put things into perspective, here are the things that you could potentially talk about in this question:

Legal and non-legal measures in achieving just outcomes for family members
-Adoption
-Divorce
-Legal consequences of separating
-Domestic violence
-Courts, methods, NGOs, media
-Same sex relationships
-Surrogacy and birth technologies
-Changing nature of parental responsibility
-Care and protection of children

So really, there are so many potential avenues for you to explore. With such a broad question, limiting yourself to JUST the 'same sex relationships' issue is only giving you a very, very small piece of the pie. Personally, I would only have a paragraph dedicated to same sex couples at most, where I would briefly mention what you brought up (discrimination, marriage, divorce). Your other paragraphs should be on something completely different, such as domestic violence. That way you're engaging with all aspects of the question and in turn, you're maximising your marks. I'll also bring up the fact that the question asks for 'families'; This encompasses all types of families, so de facto, heterosexual, homosexual, single-parent, and most importantly, it encompasses the needs of the children as well.

Essentially, I don't think it would be safe to answer a general question with reference only to one issue. When you're presented with a general question, you need to engage with all aspects of it rather than limit yourself to a single issue. Only ever have a whole essay on a single issue when the question specifies for that issue only. I.e. Assess the effectiveness of the legal and non-legal measures in dealing with same sex relationships.

Hope that helps :)
Honestly though, it's a lot to take in and I might not be making sense at this time of night, so feel free to ask some questions or even challenge what I'm saying because I could easily be wrong.
Title: Re: Legal Studies Question Thread
Post by: anotherworld2b on September 26, 2017, 11:44:29 pm
Hi I just a quick question. What is the difference between government and Parliament?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 26, 2017, 11:59:33 pm
Hi I just a quick question. What is the difference between government and Parliament?

http://australianpolitics.com/democracy/key-terms/parliament-and-government

Good link to answer your questions in ways better than I could  ;D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on September 27, 2017, 10:36:07 pm
hiii friends.

this is from the 2016 paper: "‘The law aims to protect human rights. However, human rights are not always enforced in practice.’ Assess this statement with reference to ONE contemporary issue."

i don't understand the second part of the quote... can someone help me out?
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on September 27, 2017, 11:28:44 pm
hiii friends.

this is from the 2016 paper: "‘The law aims to protect human rights. However, human rights are not always enforced in practice.’ Assess this statement with reference to ONE contemporary issue."

i don't understand the second part of the quote... can someone help me out?

"The law aims to protect human rights."
I would talk about how the law protects or promotes the rights of your specific issue (also internationally if you can), and what they aim to achieve with those measures.
...human rights are not always enforced in practice.
I would talk about the things out there that impede on the upholding of rights, like a loophole or something. Governments can pass laws to do what they want because of state sovereignty can be a good one for issues like human trafficking or asylum seekers (Australia and its Migration Act).
Another possible approach is the "balancing of individual rights" (kinda like in crime) where one person's rights infringe on other people's rights. A good example is "freedom of speech" and that everyone does not like hate speech.
Hope this helps ;D
Title: Re: Legal Studies Question Thread
Post by: georgiia on September 28, 2017, 09:50:11 am
Also, could someone please explain how B is the answer to this?


Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism

And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 28, 2017, 10:36:20 am
Also, could someone please explain how B is the answer to this?


Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism

And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors

The first one I am not too sure about because I thought it would be C from first view

As for the second one, what is the rest of the question, like what have they committed or been accused of because I cannot really answer the question without knowing that  :)
Title: Re: Legal Studies Question Thread
Post by: rodero on September 28, 2017, 11:09:36 am
hiii friends.

this is from the 2016 paper: "‘The law aims to protect human rights. However, human rights are not always enforced in practice.’ Assess this statement with reference to ONE contemporary issue."

i don't understand the second part of the quote... can someone help me out?

Adding to what MisterNeo said,
I think that the second part is alluding to state sovereignty, or general limitations to the law. So essentially, while the UDHR is an example of soft law that attempts to uphold human rights, nation states don't need to follow it if it is not in their best interests. I don't know what you're contemporary issue is, so it would be dependent on that. Another idea could be about the ineffectiveness of the law; So I'm just going to use a Crime example since we might be doing different contemporary issues. Let's say for bail, the whole point of it is to protect society while simultaneously upholding the accused's presumption of innocence. However, in practice, people who have commit indictable offences are still given bail - evident in the Lindt Cafe Siege. Here, the law has the intention of upholding something, but it isn't actual being enforced in practice.

Just in case you're doing human trafficking and slavery. I would mention the fact that only 117/171 nations have ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children 2000. This would show how state sovereignty can limit the ability for human rights to be enforced in practice. You could also mention the invisibility of human trafficking, so even though Australia has ratified the protocol, it still exists as the AFP face difficulties in detecting and dealing with the crime.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 28, 2017, 11:14:37 am
What body paragraphs could constitute the question

"Examine how the nature of crime and type of offences affects the criminal trial process"

Never seen a question like it  :o
Title: Re: Legal Studies Question Thread
Post by: georgiia on September 28, 2017, 11:15:33 am
The first one I am not too sure about because I thought it would be C from first view

As for the second one, what is the rest of the question, like what have they committed or been accused of because I cannot really answer the question without knowing that  :)

Yeah I thought the first one was C too...

Sorry completely forgot to post the photo. Here it is :)
Title: Re: Legal Studies Question Thread
Post by: georgiia on September 28, 2017, 11:20:49 am
The first one I am not too sure about because I thought it would be C from first view

As for the second one, what is the rest of the question, like what have they committed or been accused of because I cannot really answer the question without knowing that  :)
Hey there, I did this trial!

The answers were

1D
2A
3C
4B
5C
6B
7C
8B
9D
10A
11A
12B
13C
14D
15A
16C
17D
18A
19D
20B

Thanks so much!!:)
Title: Re: Legal Studies Question Thread
Post by: rodero on September 28, 2017, 11:22:13 am
Also, could someone please explain how B is the answer to this?


Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism

And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors

My best bet for the first question would be the fact that it's the only option that actually references the syllabus. i.e. environmental rights.

The second question is political factors. I know that the answers say otherwise, but many other trial papers actually have errors on the answer sheet.
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on September 28, 2017, 11:26:54 am
Also, could someone please explain how B is the answer to this?


Which of the following situations best illustrates the recognition and enforcement of human rights by the Australian legal system?
(A) When a court orders the release from custody of a 15-year-old person
(B) When a court declares that protest action by animal rights activists is legal
(C) When the Australian Parliament passes a law that makes discrimination illegal
(D) When students are denied access to classes for two weeks because of vandalism

And how A is the answer to this?
Which of the following factors accepting criminal behaviour are most likely the cause of Samuel and Andrew's actions?
Samuel and Andrew’s actions?
(A) Economic factors
(B) Social factors
(C) Self Interest
(D) Political factors

This is tricky. For the first question, if the answer is B I think it is because it addresses both the RECOGNITION and ENFORCEMENT - it is recognised by the fact that if it is legal there must be legislation saying so, so it's recognised in legislation, but the fact it was declared by a court shows the right to protest is also enforced.

Title: Re: Legal Studies Question Thread
Post by: georgiia on September 28, 2017, 11:40:10 am
What body paragraphs could constitute the question

"Examine how the nature of crime and type of offences affects the criminal trial process"

Never seen a question like it  :o

Here's a plan I'd use :)
But don't take this for word ahah

1. OFFENCES AGAINST THE PERSON
(A BRIEF DESCRIPTION OF THE NATURE OF THESE OFFENCES)
- Involves the causing of injury to a person. There are three categories: HOMICIDE, ASSAULT and SEXUAL OFFENCES.

MURDER: Most serious homicide offence. Maximum penalty is life imprisonment. Difficult to prove because prosecutors must prove that one of the following acts took place:
            - There was a deliberate act to kill
            - A deliberate act to cause serious harm
            - There was a reckless indifference to human life, resulting in death

MANSLAUGHTER: Unlawful killing but with a defence for their actions. Maximum penalty up to 25 years.
Three types of manslaughter:
 - Voluntary Manslaughter — The accused intended or was reckless, but there were mitigating circumstances and provocation.
 - Involuntary Manslaughter — The death occurred because the accused acted in a negligent way, but without intention to kill.
 - Constructive Manslaughter — The killing of a person while the accused was 
carrying out a dangerous or unlawful act.

(How this type of offence is dealt with/affects the criminal trial process)

- Which COURT JURISDICTION it falls under
- Legal personeelle involved
- Possible defences
e.g. Mental Illness
          - Partial defence (The defendant is found not guilty and results in acquittal)
- The person must have a mental illness
- The mental illness prevented them from knowing the difference between right and wrong
- If proven, the defendant be released but detained in a health facility where their mental health will be monitored by a Mental Health Review Tribunal.
- No mens rea for the crime can be proven. No intent to commit a crime can be formulated.

Self defence
- The onus of proof that the accused did not act in self defence is on the prosecution.
- High Court in Zecevic (1987) The defendant must prove that they believed (subjective) upon reasonable grounds (objective) that it was necessary in self defence.
- The amount of force the defendant used has to be proportionate to the threat.
- The threat doesn’t have to be real. The defendant just has to be defending himself from what he thinks is a threat (perceived threat).
- Self defence is codified in the Crimes Act 1900 (NSW) Division 3
- Results in an acquittal.

2. YOUNG OFFENDERS
- how there is different court jurisdiction
- different penalties
- different treatment in court procedures

3. PUBLIC ORDER OFFENCES
- fines as opposed to imprisonment ect.
Title: Re: Legal Studies Question Thread
Post by: georgiia on September 28, 2017, 11:43:37 am
My best bet for the first question would be the fact that it's the only option that actually references the syllabus. i.e. environmental rights.

The second question is political factors. I know that the answers say otherwise, but many other trial papers actually have errors on the answer sheet.

Thanks, however for the second question its from a HSC because i've seen it before and NESA's answers say A... :/
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 28, 2017, 11:52:41 am
Here's a plan I'd use :)
But don't take this for word ahah

1. OFFENCES AGAINST THE PERSON
(A BRIEF DESCRIPTION OF THE NATURE OF THESE OFFENCES)
- Involves the causing of injury to a person. There are three categories: HOMICIDE, ASSAULT and SEXUAL OFFENCES.

MURDER: Most serious homicide offence. Maximum penalty is life imprisonment. Difficult to prove because prosecutors must prove that one of the following acts took place:
            - There was a deliberate act to kill
            - A deliberate act to cause serious harm
            - There was a reckless indifference to human life, resulting in death

MANSLAUGHTER: Unlawful killing but with a defence for their actions. Maximum penalty up to 25 years.
Three types of manslaughter:
 - Voluntary Manslaughter — The accused intended or was reckless, but there were mitigating circumstances and provocation.
 - Involuntary Manslaughter — The death occurred because the accused acted in a negligent way, but without intention to kill.
 - Constructive Manslaughter — The killing of a person while the accused was 
carrying out a dangerous or unlawful act.

(How this type of offence is dealt with/affects the criminal trial process)

- Which COURT JURISDICTION it falls under
- Legal personeelle involved
- Possible defences
e.g. Mental Illness
          - Partial defence (The defendant is found not guilty and results in acquittal)
- The person must have a mental illness
- The mental illness prevented them from knowing the difference between right and wrong
- If proven, the defendant be released but detained in a health facility where their mental health will be monitored by a Mental Health Review Tribunal.
- No mens rea for the crime can be proven. No intent to commit a crime can be formulated.

Self defence
- The onus of proof that the accused did not act in self defence is on the prosecution.
- High Court in Zecevic (1987) The defendant must prove that they believed (subjective) upon reasonable grounds (objective) that it was necessary in self defence.
- The amount of force the defendant used has to be proportionate to the threat.
- The threat doesn’t have to be real. The defendant just has to be defending himself from what he thinks is a threat (perceived threat).
- Self defence is codified in the Crimes Act 1900 (NSW) Division 3
- Results in an acquittal.

2. YOUNG OFFENDERS
- how there is different court jurisdiction
- different penalties
- different treatment in court procedures

3. PUBLIC ORDER OFFENCES
- fines as opposed to imprisonment ect.

Great ideas thank you!!

Would YO be able to be included though, as it isn't in the nature of crime section of the syllabus
Title: Re: Legal Studies Question Thread
Post by: rodero on September 28, 2017, 11:54:41 am
Thanks, however for the second question its from a HSC because i've seen it before and NESA's answers say A... :/


Really? I could have sworn that's from the 2014 St. Catherine trial paper. I honestly can't see why it would be an economic factor, unless i'm missing something.
Title: Re: Legal Studies Question Thread
Post by: georgiia on September 28, 2017, 11:59:51 am
Great ideas thank you!!

Would YO be able to be included though, as it isn't in the nature of crime section of the syllabus

I reckon, because it is a factor of the crime that has occurred and in effect it affects the trial process

Really? I could have sworn that's from the 2014 St. Catherine trial paper. I honestly can't see why it would be an economic factor, unless i'm missing something.

It is from there hahaha, but all those questions where HSC ones :)

Mod Edit: Post merge
Title: Re: Legal Studies Question Thread
Post by: rodero on September 28, 2017, 12:01:49 pm
What body paragraphs could constitute the question

"Examine how the nature of crime and type of offences affects the criminal trial process"

Never seen a question like it  :o

You could even mention murder, and then the partial defences to murder -provocation and substantial impairment. In particular the case of R v Singh and the subsequent law reforms to the Provocation Act
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 28, 2017, 12:17:38 pm
You could even mention murder, and then the partial defences to murder -provocation and substantial impairment. In particular the case of R v Singh and the subsequent law reforms to the Provocation Act

Good idea! Thanks a bunch  :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 28, 2017, 12:53:51 pm
Thanks, however for the second question its from a HSC because i've seen it before and NESA's answers say A... :/


Really? I could have sworn that's from the 2014 St. Catherine trial paper. I honestly can't see why it would be an economic factor, unless i'm missing something.

The answers are wrong - It is definitely political factors :)



Additionally, I've deleted a number of posts in this thread as they shared either copies/answers to a copyright protected Trial. Ensure you are not posting anything from CSSA/Independent Trial papers.
Title: Re: Legal Studies Question Thread
Post by: Mounica on September 28, 2017, 01:23:47 pm
hey, Guys
if u were to get a question on either the nature of conflict or access to resources in world order, how would u set out ur essay (what would you talk about)?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 28, 2017, 01:38:10 pm
Sorry for another question today, doing essay plans and some questions have been throwing me!

'What is the role of legal representation in the criminal trial? Has this been an effective means of achieving justice?'

Paragraph structure assistance please? :)
Title: Re: Legal Studies Question Thread
Post by: rodero on September 28, 2017, 03:02:17 pm
hey, Guys
if u were to get a question on either the nature of conflict or access to resources in world order, how would u set out ur essay (what would you talk about)?

I'd probably be freaking out if I got this question. Here's the structure I'd do:

Nature of conflict:
Nation states have different political agendas. They will only enter into deals which are in their best interest. I'd then mention the conflict in Syria, particularly Russia's exploitation of their veto powers. This paragraph would mainly be about Russia's intention to continue vetoing any resolution brought by the UNSC, as they want to continue their trade of weaponry for the economy. The principle of R2P could be used a bit here as well.

Nature of conflict: Intolerance of other races
Rwandan genocide due to an intolerance of another ethnicity

Access to energy resources
Main focus would be the United State's illegal invasion of Iraq in 2003. The whole purpose of the invasion is seen to be for access to oil resources.

Access to food resources
Mention the severe drought in Darfur, which led to the Darfur conflict in 2003. When people began to rebel, the government commit ethnic cleansing, genocide and crimes against humanity to stay in power
You could also mention some court cases, such as the whaling incident in Australia v Japan

Hope that helps :) Sorry it's so brief but I really don't know much else to talk about here!
Title: Re: Legal Studies Question Thread
Post by: rodero on September 28, 2017, 03:37:30 pm
Sorry for another question today, doing essay plans and some questions have been throwing me!

'What is the role of legal representation in the criminal trial? Has this been an effective means of achieving justice?'

Paragraph structure assistance please? :)


Hey!
So i'll start by saying that a question like this is complete bull; I would only see this in trials, where the school tries to make a point as to how unprepared their cohort is.

Anyway, I doubt markers would expect much from the student when marking a question like this.

P1
What is the role of legal representation?
-Outline the role of legal representation, a judgement could be used, though this half of the question doesn't ask for one
-State its origins (Dietrich v The Queen 1982)
-Mention the Legal Aid Commission: Means, jurisdiction, merits test
This paragraph will be fairly brief

The next few paragraphs should work to answer the next half of the question

P2
-Upholds the right to a fair trial -> Australia is a signatory to the ICCPR
-Allows for equal access to legal representation
-Media articles could potentially be made up

P3
-Discrepancies in the skill of legal aids have the potential for an injustice
-Legal aid could pressure the accused into accepting charge negotiation deals

Sorry I don't have much else... But like I said, such an unlikely question that you really don't need to worry too much about it. This entire question would be of me making up constant media articles and a few cases here and there.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 28, 2017, 04:07:36 pm
Hey!
So i'll start by saying that a question like this is complete bull; I would only see this in trials, where the school tries to make a point as to how unprepared their cohort is.

Anyway, I doubt markers would expect much from the student when marking a question like this.

P1
What is the role of legal representation?
-Outline the role of legal representation, a judgement could be used, though this half of the question doesn't ask for one
-State its origins (Dietrich v The Queen 1982)
-Mention the Legal Aid Commission: Means, jurisdiction, merits test
This paragraph will be fairly brief

The next few paragraphs should work to answer the next half of the question

P2
-Upholds the right to a fair trial -> Australia is a signatory to the ICCPR
-Allows for equal access to legal representation
-Media articles could potentially be made up

P3
-Discrepancies in the skill of legal aids have the potential for an injustice
-Legal aid could pressure the accused into accepting charge negotiation deals

Sorry I don't have much else... But like I said, such an unlikely question that you really don't need to worry too much about it. This entire question would be of me making up constant media articles and a few cases here and there.

Yeah I doubt something as cruel as this would be asked (touchwood!) but thought I might as well prepare just in case!


Thanks so much for your imput, legend!
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on September 28, 2017, 11:15:59 pm
Hi All,

In the human rights short answers, I have found that some questions will ask for a contemporary human rights issue,

Does anyone know of any holistic issues that I would be able to learn and apply to any question ?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on September 28, 2017, 11:45:12 pm
Hi All,

In the human rights short answers, I have found that some questions will ask for a contemporary human rights issue,

Does anyone know of any holistic issues that I would be able to learn and apply to any question ?

every issue should work for any question you get asked. if you have a textbook, use one of the issues they've talked about there - you have more than enough information to go off. :-)
Title: Re: Legal Studies Question Thread
Post by: Mounica on September 29, 2017, 09:53:30 am
I'd probably be freaking out if I got this question. Here's the structure I'd do:

Nature of conflict:
Nation states have different political agendas. They will only enter into deals which are in their best interest. I'd then mention the conflict in Syria, particularly Russia's exploitation of their veto powers. This paragraph would mainly be about Russia's intention to continue vetoing any resolution brought by the UNSC, as they want to continue their trade of weaponry for the economy. The principle of R2P could be used a bit here as well.

Nature of conflict: Intolerance of other races
Rwandan genocide due to an intolerance of another ethnicity

Access to energy resources
Main focus would be the United State's illegal invasion of Iraq in 2003. The whole purpose of the invasion is seen to be for access to oil resources.

Access to food resources
Mention the severe drought in Darfur, which led to the Darfur conflict in 2003. When people began to rebel, the government commit ethnic cleansing, genocide and crimes against humanity to stay in power
You could also mention some court cases, such as the whaling incident in Australia v Japan

Hope that helps :) Sorry it's so brief but I really don't know much else to talk about here!
Thank you so much that was really helpful
Title: Re: Legal Studies Question Thread
Post by: rodero on September 29, 2017, 10:08:06 am
Thank you so much that was really helpful

Anytime :)
Title: Re: Legal Studies Question Thread
Post by: jasminesadiqi on September 29, 2017, 01:00:28 pm
hey for the 'contemporary human rights issues' there are a few issues listed.. do we have to know each issue? or can we just focus on one issue and know that in detail? because i am scared a question will come out as already mentioned a contemporary human rights issues for us to talk about? thank you
Title: Re: Legal Studies Question Thread
Post by: Korrasami on September 29, 2017, 01:04:32 pm
hey for the 'contemporary human rights issues' there are a few issues listed.. do we have to know each issue? or can we just focus on one issue and know that in detail? because i am scared a question will come out as already mentioned a contemporary human rights issues for us to talk about? thank you

I think knowing only one issue, would work best.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on September 29, 2017, 01:30:07 pm
hey for the 'contemporary human rights issues' there are a few issues listed.. do we have to know each issue? or can we just focus on one issue and know that in detail? because i am scared a question will come out as already mentioned a contemporary human rights issues for us to talk about? thank you

Yep you only pick one issue to focus on! ;D
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 29, 2017, 04:47:04 pm
Likeliness of crime question being on legal and non-legal responses :o :'( ??
Title: Re: Legal Studies Question Thread
Post by: alinak on September 29, 2017, 05:01:32 pm
Family Law Articles on domestic violence and care and protection of children:

The Family Court has a serious attitude problem when it comes to domestic violence (SMH 2016)
http://www.smh.com.au/lifestyle/news-and-views/opinion/the-family-court-has-a-serious-attitude-problem-when-it-comes-to-domestic-violence-20160501-goj6mg.html

About dismissal of domestic violence claims during custody and giving custody to the potential abusive parent, commenting judges seeing the the parent making claims of domestic violence as “unwilling to support their child’s relationship with the other parent”.
This article is an example of when the concept of maintaining a relationship with both parents under the family law reforms in 2006, has been given more weight than is warranted, seen when the comment ‘judges are overwhelmingly determining a child's best interests in a way that is "weighted more toward the parental rights of abusers than the safety of children."’ is made.
The article also suggests the laws attempt in resolving conflict in terms of custody has not been achieving just outcomes for family members due to the dismissal of domestic violence victims.


Mike Baird announces reform to state's broken child welfare system (smh 2016)
http://www.smh.com.au/nsw/mike-baird-announces-reform-to-states-broken-child-welfare-system-20161117-gsrbb6.html

This article is about the findings and changes intended to be made in relation to the child protection system. It addresses the lack of progress and evidence from support programs for children costing more than $300 million a year. The article is very useful in discussing the law’s role in initiating change in areas of care and protection of children and responding to ineffective legal measures put in place. The article mentions the findings of a review of the system including the statistic of “20,000 children are in out-of-home care in NSW, a number that has doubled in a decade”, this, as well as “the first stage of reform will be reducing the number of children in the states broken residential care system” can be used to show the law’s responsiveness to ineffective systems and practices, and the steps it is taking to provide a viable resolution (reflecting an effective legal response once changes are actually made).

Not sure if helpful or not but just something to add!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on September 29, 2017, 05:04:31 pm
Family Law Articles on domestic violence and care and protection of children:

Not sure if helpful or not but just something to add!


hi, welcome to the forums!! these links certainly look very helpful - maybe post them in this link here :-) best of luck for your hsc! x
Title: Re: Legal Studies Question Thread
Post by: sidzeman on September 30, 2017, 04:10:25 pm
Are essay questions regarding compliancy common in hsc's?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 30, 2017, 04:24:23 pm
Are essay questions regarding compliancy common in hsc's?

From what I have seen looking at the questions from my options (family and world order), particularly world order, yes there has been a few over the years, it was also one of my trial questions
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on September 30, 2017, 04:35:09 pm
Are essay questions regarding compliancy common in hsc's?

Hey there :D

I agree with Paige, compliance is a very good topic for anything international related because there are many issues of non-compliance and state sovereignty which can limit the effectiveness of legal/non-legal measures.
However, you can look at compliance through the lens of offenders and say that current mechanisms are ineffective at promoting compliance since criminal conduct and recidivism still occurs.

Hope this helps!!! Definitely ask more questions and keen to read some of your responses :D
Title: Re: Legal Studies Question Thread
Post by: jaskirat on September 30, 2017, 05:17:39 pm
I really need help in preparing my notes for world order, can comeone pls helppp and give me some tips on what to focus on!!
Title: Re: Legal Studies Question Thread
Post by: paigek3 on September 30, 2017, 05:19:35 pm
I really need help in preparing my notes for world order, can comeone pls helppp and give me some tips on what to focus on!!

the syllabus is your bible!!! write your notes under each heading/dot point with a bit about what the dot point means and lots and lots of LCMID included. some notes are on here in the notes section so check them out if you wanna base them off something!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on September 30, 2017, 05:28:47 pm
Hey there :D

I agree with Paige, compliance is a very good topic for anything international related because there are many issues of non-compliance and state sovereignty which can limit the effectiveness of legal/non-legal measures.
However, you can look at compliance through the lens of offenders and say that current mechanisms are ineffective at promoting compliance since criminal conduct and recidivism still occurs.

Hope this helps!!! Definitely ask more questions and keen to read some of your responses :D

Compliancy seems really easy in regards to human rights due to state sovereignty, but what about for crime? For example if the question was how does the CJS encourage compliancy regarding young offenders, what could you discuss?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on September 30, 2017, 05:34:43 pm
Compliancy seems really easy in regards to human rights due to state sovereignty, but what about for crime? For example if the question was how does the CJS encourage compliancy regarding young offenders, what could you discuss?

i think you could look at the aim of the CJS for young offenders, which is mostly rehabilitation, versus actually sending people to jail. something like the youth justice conferences (i think that's what they're called) encourages the offender to reconsider their actions when faced with the victim, provoking remorse, and therefore, they aren't as likely to reoffend, as they feel bad for what they've done.

that's only one example; i'm sure if you look through your notes again you can find something else! best of luck for your hsc :-) x
Title: Re: Legal Studies Question Thread
Post by: phebsh on September 30, 2017, 06:46:04 pm
Hey, I wanted to know if I should really stop writing (or rather rewriting) my notes and start doing questions. For me, I really revise the content as I write my notes but I know that doing questions is super important. Any advice? Thanks!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on September 30, 2017, 06:52:52 pm
Hey, I wanted to know if I should really stop writing (or rather rewriting) my notes and start doing questions. For me, I really revise the content as I write my notes but I know that doing questions is super important. Any advice? Thanks!

do some past papers, and as you go, write some stuff from the papers that you may/may not have in your notes - that way, you're doing two things at once!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 01, 2017, 03:55:30 pm
Hey, I wanted to know if I should really stop writing (or rather rewriting) my notes and start doing questions. For me, I really revise the content as I write my notes but I know that doing questions is super important. Any advice? Thanks!

I re-wrote my notes a lot - but I did this when I knew I was struggling to grasp all of the content. I then went on to answer essays by dot pointing my arguments and evidence for each to test my knowledge in relation to exam demands!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 01, 2017, 03:55:58 pm
i think you could look at the aim of the CJS for young offenders, which is mostly rehabilitation, versus actually sending people to jail. something like the youth justice conferences (i think that's what they're called) encourages the offender to reconsider their actions when faced with the victim, provoking remorse, and therefore, they aren't as likely to reoffend, as they feel bad for what they've done.

that's only one example; i'm sure if you look through your notes again you can find something else! best of luck for your hsc :-) x

Also fantasticbeats - you're a legend.
Title: Re: Legal Studies Question Thread
Post by: jaskirat on October 01, 2017, 05:54:46 pm
Hey guys, i was just preparing my World Order notes and i was just wondering, is it best to focus on all 4 contemporary issues or go indepth with just 1?
Title: Re: Legal Studies Question Thread
Post by: myyerr on October 01, 2017, 07:15:24 pm
Hello Legal Fam !! What are your predictions for Family essays this year? Child protection hasn't been asked for a while? & same-sex marriage looks relevant, (however was asked in 2014)

I wonder what your thoughts are?? Hope everyone is preparing well :)
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 01, 2017, 07:25:09 pm
Also fantasticbeats - you're a legend.

hahahah thanks elyse, happy to help!!

Hey guys, i was just preparing my World Order notes and i was just wondering, is it best to focus on all 4 contemporary issues or go indepth with just 1?

hello! i don't do world order, but the same advice can be applied to all options :-) study all contemporary issues, because they could ask you about any of them! more often than not, they do specify which issue they'd like you to write about, and although there's another question, you can use contemporary issues to answer that one even though it doesn't say to write about a contemporary issue.
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 01, 2017, 07:43:27 pm
Hello Legal Fam !! What are your predictions for Family essays this year? Child protection hasn't been asked for a while? & same-sex marriage looks relevant, (however was asked in 2014)

I wonder what your thoughts are?? Hope everyone is preparing well :)
Hey,
My class actually looked through all of the past questions and worked on predictions the other day. For family we thought that Same sex could be a question because of it's relevance to today, or a question on the protection of children. We also thought that for the themes and challenges section, compliance and non-compliance has never been asked before. So, they are pretty close to what you have been thinking. :)
Title: Re: Legal Studies Question Thread
Post by: jaskirat on October 01, 2017, 08:13:28 pm
I had a look at past HSC legal world order questions and they didnt really specify the question on a certain contemporary issue, thats why i reckon it'd just be a waste of time studying all four, but im not sure tho :/
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 01, 2017, 08:33:52 pm
I had a look at past HSC legal world order questions and they didnt really specify the question on a certain contemporary issue, thats why i reckon it'd just be a waste of time studying all four, but im not sure tho :/

at the end of the day, it's your decision whether or not you want to study all 4 issues, but it's very much a possibility that they could specify issues (always is the case for my options)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 01, 2017, 11:06:29 pm
Hey guys, i was just preparing my World Order notes and i was just wondering, is it best to focus on all 4 contemporary issues or go indepth with just 1?

I look at it this way...

If you study all four issues, you are broadly prepared for any question and go in assured that you'll be able to respond in even the worst case scenario! And you might spend a few extra hours.

Study just one, and they specify another - You've bombed a quarter of your marks in a completely avoidable scenario. To save a few hours.

Answer should be obvious I think! It's in the syllabus - Know it! That way you'll have no regrets ;D
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 02, 2017, 04:56:53 pm
Anyone have any predictions for Consumer?
Title: Re: Legal Studies Question Thread
Post by: Mounica on October 02, 2017, 07:01:06 pm
Hey Guys
i was wondering if in the HSC for the option topic world order, are one of the questions always on contemporary issues?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 02, 2017, 07:14:17 pm
Hey Guys
i was wondering if in the HSC for the option topic world order, are one of the questions always on contemporary issues?

Nooo not at all! Out of the past four years 2016 was the only one asking about a contemporary issue :)
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 02, 2017, 09:00:19 pm
Also quick question, does it matter if your case studies are old? Like for example dating back from the 1970s?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 02, 2017, 09:12:36 pm
Also quick question, does it matter if your case studies are old? Like for example dating back from the 1970s?

If they're setting precedents I reckon that is completely fine, and if they are quite unique in their ruling or circumstances. But of course if you are able to find similar case studies that are a bit more contemporary then maybe use those instead :)
Title: Re: Legal Studies Question Thread
Post by: kdawgs on October 03, 2017, 04:48:58 pm
Hai real quick question;

since periodic detention is no longer a sentencing option, is it required for us to know it/ will we need it/ is it worth making notes of?
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on October 03, 2017, 04:58:38 pm
Hai real quick question;

since periodic detention is no longer a sentencing option, is it required for us to know it/ will we need it/ is it worth making notes of?
I’d still make a note of it such that you know what it is. It may come up in multiple choice (it was in our trials). :)
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on October 03, 2017, 06:15:36 pm
Hello
Our teacher hasn’t really went through transnational crime in too much detail, and I was wondering what the legal and non-legal measures are to it. What would be the main points in an essay that asked legal/nonlegal?
Thank you :)
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 03, 2017, 06:36:41 pm
Hello
Our teacher hasn’t really went through transnational crime in too much detail, and I was wondering what the legal and non-legal measures are to it. What would be the main points in an essay that asked legal/nonlegal?
Thank you :)

hey! no worries, i'll give you those :-)

- People smuggling – Criminal Code 1995, organises and facilitates the entry of people into a foreign country in a manner that does not comply with that country’s laws
- Arms and drug trafficking – Criminal Code 1995 amended in 2002 to deal with firearms trafficking across territory and state borders
- Drug trafficking – Crimes (Traffic in Narcotic and Psychotropic Substances) Act 1990 (Cth) creates offences dealing with drugs on Australian aircraft and ships and conspiracies outside of Australia to commit offences in Australia
- Money Laundering – Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

this is just australian legislation - i have no idea where i put all the international law stuff in my notes - but if you have a textbook, this and the international law should be in there. another thing, crime isn't really dealt with in a non-legal manner because it's not the responsibility of NGOs to stop crime; it's the country's legal system!

hope this helps, and best of luck with your hsc,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 05, 2017, 03:51:31 pm
Hi I was just doing some multiple choice and I came across 2 questions that stumped me:

1. Which of the following is considered an argument against the passing of an Australian HR act?
a) it's too difficult to pass as it needs a majority of voters in a majority of States.
b) It transfers power from the legislature to unelected members of the jury
c) It would quickly become outdated.
The answer is b) but I thought it would have been c)?


2.What is true about sentencing in NSW?
a) minimum sentences have been determined in legislation
b) Maximum legislation has been set in legislation
c) Judges must follow judicial guidelines
d) The jury recommends sentences to the judge
The answer is b) but aren't there mandatory minimum sentences as well, ie assault from a strike to the head causing death (one punch laws)?
Thanks! :D
Title: Re: Legal Studies Question Thread
Post by: camillablome on October 05, 2017, 05:12:56 pm
Hi,
This is in regards to the essays for option topics. Im doing world order and Global Environmental Protection.

My structure for the essays is to have:
Intro
Paragraph on state sovereignty (If the question asks about state sovereignty)
Case study 1- Rwanda (address syllabus points within case study and talk about broader issues e.g. United nations, R2P, relate to other cases e.g. myanmar refugees)
Case Study 2- Libya (same thing as above)
Conclusion

my teacher who is an HSC marker says that, that structure is very good. However, from reading other essays they are not structured via cases.
I was just wondering if you think I should change the structure or its fine how it is?

Thankyou!!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 05, 2017, 05:22:44 pm
Hey guys for world order I'm slightly confused about the dot point"outline the evolving nature of World order". In some resources it justs outlines the development of legal documents eg treaty of Westphalia, but in my excel book it doesn't do that- it talks about expansionism, the rise of the US and transnational companies , then interdependence and globalisation. I was wondering which I actually needed to know? Thanks heaps!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 05, 2017, 05:24:33 pm
Hi,
This is in regards to the essays for option topics. Im doing world order and Global Environmental Protection.

My structure for the essays is to have:
Intro
Paragraph on state sovereignty (If the question asks about state sovereignty)
Case study 1- Rwanda (address syllabus points within case study and talk about broader issues e.g. United nations, R2P, relate to other cases e.g. myanmar refugees)
Case Study 2- Libya (same thing as above)
Conclusion

my teacher who is an HSC marker says that, that structure is very good. However, from reading other essays they are not structured via cases.
I was just wondering if you think I should change the structure or its fine how it is?

Thankyou!!

Hey that looks like sounds like such a good idea! I guess if it fits all of the issues with the themes and challenges you would be pretty sweet
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 05, 2017, 08:07:42 pm
Hey guys for world order I'm slightly confused about the dot point"outline the evolving nature of World order". In some resources it justs outlines the development of legal documents eg treaty of Westphalia, but in my excel book it doesn't do that- it talks about expansionism, the rise of the US and transnational companies , then interdependence and globalisation. I was wondering which I actually needed to know? Thanks heaps!

It sounds like what your Excel book is telling you is helpful for you to understand the macro and micro contributors of the way the world is today, and I think it's really important to look at ideas like globalisation especially. But you will also do a great job with just knowing the things like the Treaty of Westphalia, as these give the legal foundations of the way we look at world order. The other things help to understand why the world is the way it is, which is helpful, but you'll mainly need to know the other things (and this isn't something super examinable. They could ask you about this but I'd only imagine they would in the light of this and a secondary part of the syllabus. Like, how have international documents responded to the changing nature of world order" and then you don't just bring in those historical elements of the evolution, but you could talk about the current situation and things like the NPT!)
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 06, 2017, 07:36:50 am
It sounds like what your Excel book is telling you is helpful for you to understand the macro and micro contributors of the way the world is today, and I think it's really important to look at ideas like globalisation especially. But you will also do a great job with just knowing the things like the Treaty of Westphalia, as these give the legal foundations of the way we look at world order. The other things help to understand why the world is the way it is, which is helpful, but you'll mainly need to know the other things (and this isn't something super examinable. They could ask you about this but I'd only imagine they would in the light of this and a secondary part of the syllabus. Like, how have international documents responded to the changing nature of world order" and then you don't just bring in those historical elements of the evolution, but you could talk about the current situation and things like the NPT!)
Thanks a lot!! :)
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on October 06, 2017, 10:38:49 am
hey guys!
what's the difference between a suspended sentence and intensive correction order as a type of punishment? They both look pretty similar :/
Thanks!! :D
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 06, 2017, 10:57:25 am
hey guys!
what's the difference between a suspended sentence and intensive correction order as a type of punishment? They both look pretty similar :/
Thanks!! :D

hi! a suspended sentence is pretty self-explanatory if you look at what it's called - suspended means not right now, so the sentence has been put off for a bit. i have never heard of an intensive correction order until this question (not in the syllabus??) but from a quick google, it looks something like community service. that's accumulated over a certain period of time, as you need a number of hours to get through it as part of someone's sentence. anyway, a suspended sentence would mean the sentence isn't served right at that moment, whereas an intensive correction order would be put into place to be served straight away.

hope this helps - best of luck with your hsc,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 06, 2017, 11:16:20 am
hi! a suspended sentence is pretty self-explanatory if you look at what it's called - suspended means not right now, so the sentence has been put off for a bit. i have never heard of an intensive correction order until this question (not in the syllabus??) but from a quick google, it looks something like community service. that's accumulated over a certain period of time, as you need a number of hours to get through it as part of someone's sentence. anyway, a suspended sentence would mean the sentence isn't served right at that moment, whereas an intensive correction order would be put into place to be served straight away.

hope this helps - best of luck with your hsc,
fantasticbeasts

The syllabus lists periodic detention and that has been replaced by ICOs so that’s what our teacher taught us in place of periodic detention (I’m pretty sure at least). Personally my teacher stressed ICOs heaps and we had quite an in-depth look at the statistics around them, so in many of my essays I include them. Could maybe elyse or jamon clear up if ICOs need to be studied and can be used in an exam?? Because I’m screwed if we aren’t meant to 😅
Title: Re: Legal Studies Question Thread
Post by: rodero on October 06, 2017, 01:25:47 pm
The syllabus lists periodic detention and that has been replaced by ICOs so that’s what our teacher taught us in place of periodic detention (I’m pretty sure at least). Personally my teacher stressed ICOs heaps and we had quite an in-depth look at the statistics around them, so in many of my essays I include them. Could maybe elyse or jamon clear up if ICOs need to be studied and can be used in an exam?? Because I’m screwed if we aren’t meant to 😅

My notes also say 'Intensive Correction Orders'. Anyway, I'm not Elyse nor Jamon but I'll try to chip in a bit. I think this scenario is pretty similar to what happened in 2015. Basically, the term 'summons' was changed into a 'court attendance order'. However, in Q8 of the multiple choice, it still used the old terminology, so the answer was summons. The exam didn't have any mention to a court attendance order.

The way that this relates to the current situation is that 'periodic detention' has been changed to 'ICOs'. If you were given a scenario and it asked: "What type of penalty has XYZ been sentenced to?", the answer would probably keep the old terminology. However, if you were to bring this up in an essay, I'd assume you could go either way.

hey guys!
what's the difference between a suspended sentence and intensive correction order as a type of punishment? They both look pretty similar :/
Thanks!! :D

Both a suspended sentence and an ICO allow the offender to resume their personal life. The only difference that I know of, is that an ICO is only available for those who are serving less than 2 years imprisonment.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 06, 2017, 02:35:53 pm
Just confirming - If it isn't in the syllabus, not assessable, and they'll avoid using the new term so nobody gets confused (like rodero mentioned for CAN and Summons) ;D
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 06, 2017, 02:40:57 pm
Just confirming - If it isn't in the syllabus, not assessable, and they'll avoid using the new term so nobody gets confused (like rodero mentioned for CAN and Summons) ;D

Would I still be able to use it in essays if I say how ICOs replaced periodic detention  :o
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 06, 2017, 02:41:43 pm
Would I still be able to use it in essays if I say how they replaced ICOs  :o

Yeah absolutely, they just won't require it of you for marks ;D
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on October 06, 2017, 06:46:12 pm
Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 06, 2017, 07:22:19 pm
Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks

hi! i'd address the presumption of innocence as part of the criminal trial process because the question calls for it. i don't think presumption of innocence is part of the criminal investigation process because you don't determine guilt or innocence through investigating crime - someone correct me if i'm wrong. bail is prior to trial, and the bond is paid as a guarantee the accused will go to court.

hope this helps - best of luck with your hsc,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: MisterNeo on October 06, 2017, 08:26:38 pm
Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks
You could talk about the “right to remain silent” which is based on you presumption of innocence. The police can’t make you talk, and it leads to less evidence being obtained to prove the case beyond reasonable doubt. Maybe you could argue that this right also leads to innocent people being perceived as “hiding something” and can lead to them being convicted by the jury.
Title: Re: Legal Studies Question Thread
Post by: rodero on October 06, 2017, 10:01:44 pm
Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks

As a discuss question, you need to provide points for and against.

Points for the statement:
Complete defences - The very provision of a defence in court upholds the presumption of innocence. As a result, this makes is more difficult to reach a conviction. Your main cases would probably be consent, especially in sexual assault cases.

Partial defences - This paragraph would follow a similar argument to the complete defence, but you can show a bit more nuance here. You can say how offenders are too easily being convicted of manslaughter due to the defence of provocation. A case where an offender was easily convicted would be R v Singh. So basically, start off agreeing with the statement, then show the other side of it

Points against the statement:
Use of evidence + Juries - You can say how juries are too easily swayed by evidence. This is mainly seen in the case of Farah Jama, where DNA evidence was seen as indisputable. You could even mention what Neo was saying about the right to remain silent under the Evidence Amendment Act 2008, but don't get too sidetracked or the marker will think you're talking about the investigation process (which is wrong)

That's all I can think of for such a tough question. Just letting you know, you actually aren't limited completely to the whole 'presumption of innocence aspect'. The following words "other aspects of the trial process" open you up to a lot more options.
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on October 06, 2017, 11:36:19 pm
Cheers guys!

Also, which non-legal measures are most effective to write aabout in an "Evaluate the effectiveness of legal and non-legal measures in achieving justice" for the Crime topic?
Title: Re: Legal Studies Question Thread
Post by: myyerr on October 07, 2017, 12:43:28 pm
Cheers guys!

Also, which non-legal measures are most effective to write aabout in an "Evaluate the effectiveness of legal and non-legal measures in achieving justice" for the Crime topic?

You can address the importance of media and situational & social crime prevention :)



Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 08, 2017, 01:01:34 pm
Hey guys!

I was wondering what is the best way to integrate information on the role of the media, particularly for my options Consumers and Family. I don't see it as overly important, and not sure how necessary it is unless specified in a question. If so, could I use my media I have for other issues and reiterate the role of the media from that briefly, rather than having any distinct arguments on the role of the media?

Thanks :D
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 08, 2017, 01:59:52 pm
hey guys i was just trying to talk about the effeectiveness of the UN as a promoter and enforcer of HR, and i was wondering if i could basically say that the General Assembly is a good promoter, but has no ability to enforce HR, whilst the UNSC whilst limited in its effectiveness due to the power of veto held by its five permanent members is a better enforcer than promoter of HR?
Do i need to bring the HR council into this part about the UN, or do i talk about that as an intergovernmental organisaiton

Thanks!!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 08, 2017, 02:24:36 pm
Hey guys!

I was wondering what is the best way to integrate information on the role of the media, particularly for my options Consumers and Family. I don't see it as overly important, and not sure how necessary it is unless specified in a question. If so, could I use my media I have for other issues and reiterate the role of the media from that briefly, rather than having any distinct arguments on the role of the media?

Thanks :D

hello! i don't do those options, but i usually incorporate information on the role of the media under non-legal responses. there's not really an argument for the role of the media like they just bring attention to the issue they're talking about, so there's not an awful lot to write about on the role of the media as an actual mechanism.

hey guys i was just trying to talk about the effeectiveness of the UN as a promoter and enforcer of HR, and i was wondering if i could basically say that the General Assembly is a good promoter, but has no ability to enforce HR, whilst the UNSC whilst limited in its effectiveness due to the power of veto held by its five permanent members is a better enforcer than promoter of HR?
Do i need to bring the HR council into this part about the UN, or do i talk about that as an intergovernmental organisaiton

Thanks!!

hi! yea, the UN is a great promoter of HR, but can't enforce anything. you've pretty much got it down pat! i think it's okay to bring the HR council in with the UN - at the end of the day, the UN, and by extension, the HR council is an intergovernmental organisation anyways.

best of luck for your hsc guys,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 08, 2017, 03:23:09 pm
hello! i don't do those options, but i usually incorporate information on the role of the media under non-legal responses. there's not really an argument for the role of the media like they just bring attention to the issue they're talking about, so there's not an awful lot to write about on the role of the media as an actual mechanism.

hi! yea, the UN is a great promoter of HR, but can't enforce anything. you've pretty much got it down pat! i think it's okay to bring the HR council in with the UN - at the end of the day, the UN, and by extension, the HR council is an intergovernmental organisation anyways.

best of luck for your hsc guys,
fantasticbeasts
Thanks!! Am going to need it haha
Title: Re: Legal Studies Question Thread
Post by: Neilab on October 08, 2017, 09:14:33 pm

I posted in a seperate thread but seeing as this one is used more often i thought i'd chuck it in here :)

Just wondering what the predictions are for this years HSC? My school does Family Law and World Order as options but feel free to share what you think will be asked for the other ones too!!

My Teachers have predicted the following!

Crime
- Law Reform
- something on 'the nature of crime
- effectiveness of social/situational crime prevention
- compliance and non compliance

World Order
- Compliance and non compliance
- International Humanitarian Law (as one of the contemporary issue questions)

Family Law
- Care and Protection of Children
- Compliance and non-compliance
- Law Reform

Human Rights (they aren't too sure)
- changing moral and ethical values

Let me know what you guys are thinking :)
Title: Re: Legal Studies Question Thread
Post by: Neilab on October 08, 2017, 09:16:20 pm


at this point - what should I be doing for legal? what are last minute tips for preparing for legal studies in the few weeks before the exam?

Also how do I deal with the fact I have society and culture on the same day as legal ? I need help aahhh
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on October 09, 2017, 12:14:23 am
Hey guys

This may be a dumb question, but in crime, will they ever ask you specifically about Indigenous law or anything like that? So like the effectiveness of the law regarding Indigenous offenders kinda like young offenders.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 09, 2017, 09:13:54 am

at this point - what should I be doing for legal? what are last minute tips for preparing for legal studies in the few weeks before the exam?

Also how do I deal with the fact I have society and culture on the same day as legal ? I need help aahhh

Hey! Right now, I’d ensure you have a solid set of notes to refer to. I think at this point it is ESSENTIAL to have various LCMID to be able to include in your responses so spend a big chunk of time not only researching to find new cases, articles etc. but also memorising the quote or citation or whatever you are wanting to include. Doing some past papers when you get the chance would also be great practice, and you can give it to someone for feedback!

It sucks a lot you have both on the same day, I would’ve too if my school did the normal way of the hsc, but cause we do a compacted curriculum style, I did SAC last year luckily!! SAC isn’t as content heavy as legal as the syllabus is smaller due to the PIP taking 40%, so think positively that at least it isn’t two x 3hr exams! Just prepare for both equally leading up to it and ensure you take a good break between exams to get some food (possibly a proper meal if time allows!), fresh air and water to refresh before beginning society and culture, otherwise you could burn out :) having two on the same day can have its benefits as by already doing one, you may be less nervous about the actual exam scenario for society and culture if that makes sense ahhah


Hey guys

This may be a dumb question, but in crime, will they ever ask you specifically about Indigenous law or anything like that? So like the effectiveness of the law regarding Indigenous offenders kinda like young offenders.

I doubt it would be specficially on indigenous offenders as the crime section of the syllabus doesn’t refer to that other than from circle sentencing. So if there was to be a question on anything to do with indigenous offenders in crime, it would most likely be evaluate the effectiveness of circle sentencing/alternative methods of sentencing
Title: Re: Legal Studies Question Thread
Post by: mystermark on October 09, 2017, 10:57:27 am
Hi everyone!
I was wondering what is the definition of statutory and judicial guidelines and what are the differences?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 09, 2017, 11:04:51 am
Hi everyone!
I was wondering what is the definition of statutory and judicial guidelines and what are the differences?

hello! the guidelines are to reduce inconsistency in the decisions of judges - so pretty much how common law's done, to make sure everyone's treated fairly. look at the differences this way:
statutory = government making laws
judicial = made my judges, so kind of like common law

best of luck with your hsc,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: bronwoolbank on October 09, 2017, 11:12:03 am
Hi everyone!
I was wondering what is the definition of statutory and judicial guidelines and what are the differences?


Hey Mystermark !
Statutory guidelines are basically everything 'set in stone' under legislation, so when imposing a sentence, magistrates and judges have numerous laws, rules, guidelines and cases on how sentences are to be determined. Most of this is done through The Crimes (Sentencing Procedure) Act 1999 (NSW), which is the primary source of sentencing law in NSW. In addition to that Act, limits and guidelines on sentencing are found in many other statutes. It sets out things such as a maximum penalty an offender can receive for a sentence.  No judicial officer can pass a sentence higher than the maximum penalty. For example, section 19A of the Crimes Act 1900 (NSW) describes the maximum penalty for murder as life imprisonment, and section 61I sets the maximum penalty for sexual assault at 14 years’ imprisonment.
However, it is ultimately up to the judge or magistrate to impose an approprotate charge and this differs through judicial guidelines. Judicial officers determine the best sentence on a case-by-case basis. They take into account numerous aspects of the offence and of the accused’s circumstances.

Furthermore, mandatory sentencing overules juditical discretion, imposing a mandatory minimum sentence for a particular offence. Mandatory sentencing is an automatic sentence set by parliament that must be imposed by the judicial officer for particular offences or repeat offences.

Essentially in short, statutory guidelines CANT be fought against, theyre legally set to make sure imposed punishments are appropriate (and to make sure in instances such as murder and offender doesn't get a 2 year sentence just because the judge felt like it) and judicial guidelines revolve more heavily around discretion.

Hope this helps :)
Goodluck for your HSC !
Title: Re: Legal Studies Question Thread
Post by: mystermark on October 09, 2017, 11:21:49 am
hello! the guidelines are to reduce inconsistency in the decisions of judges - so pretty much how common law's done, to make sure everyone's treated fairly. look at the differences this way:
statutory = government making laws
judicial = made my judges, so kind of like common law

best of luck with your hsc,
fantasticbeasts


Hi! :) thanks so much for your reply,
I was wondering is this plan is good enough for my essay:

QUESTION: "How effective are statutory and judicial guidelines as a means of achieving justice?"

(Body 1)
-   Define statutory
-   Law reform case r v loveridge
-   Statutory guideline have allowed law reform with lockout laws along with NGO ‘one punch can kill’ campaign

(body 2)
-   continuing with statutory and law reform cases
-   r v singh (provocation)

(body 3)
-   define judicial
-   r v silva (silva got plead guilty to manslaughter and received 29 weeks as judge took in mitigating circumstances)

(body 4)
-   continuing with judicial
-   r v Curtis
-   ineffective as he got one year for a white collar crime

*SORRY IF IT IS A LITTLE VAGUE
Title: Re: Legal Studies Question Thread
Post by: mystermark on October 09, 2017, 11:29:53 am

Hey Mystermark !
Statutory guidelines are basically everything 'set in stone' under legislation, so when imposing a sentence, magistrates and judges have numerous laws, rules, guidelines and cases on how sentences are to be determined. Most of this is done through The Crimes (Sentencing Procedure) Act 1999 (NSW), which is the primary source of sentencing law in NSW. In addition to that Act, limits and guidelines on sentencing are found in many other statutes. It sets out things such as a maximum penalty an offender can receive for a sentence.  No judicial officer can pass a sentence higher than the maximum penalty. For example, section 19A of the Crimes Act 1900 (NSW) describes the maximum penalty for murder as life imprisonment, and section 61I sets the maximum penalty for sexual assault at 14 years’ imprisonment.
However, it is ultimately up to the judge or magistrate to impose an approprotate charge and this differs through judicial guidelines. Judicial officers determine the best sentence on a case-by-case basis. They take into account numerous aspects of the offence and of the accused’s circumstances.

Furthermore, mandatory sentencing overules juditical discretion, imposing a mandatory minimum sentence for a particular offence. Mandatory sentencing is an automatic sentence set by parliament that must be imposed by the judicial officer for particular offences or repeat offences.

Essentially in short, statutory guidelines CANT be fought against, theyre legally set to make sure imposed punishments are appropriate (and to make sure in instances such as murder and offender doesn't get a 2 year sentence just because the judge felt like it) and judicial guidelines revolve more heavily around discretion.

Hope this helps :)
Goodluck for your HSC !

Thanks for such a detailed explanation!
I was wondering if you could look at my plan please

Hi! :) thanks so much for your reply,
I was wondering is this plan is good enough for my essay:

QUESTION: "How effective are statutory and judicial guidelines as a means of achieving justice?"

(Body 1)
-   Define statutory
-   Law reform case r v loveridge
-   Statutory guideline have allowed law reform with lockout laws along with NGO ‘one punch can kill’ campaign

(body 2)
-   continuing with statutory and law reform cases
-   r v singh (provocation)

(body 3)
-   define judicial
-   r v silva (silva got plead guilty to manslaughter and received 29 weeks as judge took in mitigating circumstances)

(body 4)
-   continuing with judicial
-   r v Curtis
-   ineffective as he got one year for a white collar crime

*SORRY IF IT IS A LITTLE VAGUE
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 09, 2017, 11:35:44 am

Hi! :) thanks so much for your reply,
I was wondering is this plan is good enough for my essay:

QUESTION: "How effective are statutory and judicial guidelines as a means of achieving justice?"

(Body 1)
-   Define statutory
-   Law reform case r v loveridge
-   Statutory guideline have allowed law reform with lockout laws along with NGO ‘one punch can kill’ campaign

(body 2)
-   continuing with statutory and law reform cases
-   r v singh (provocation)

(body 3)
-   define judicial
-   r v silva (silva got plead guilty to manslaughter and received 29 weeks as judge took in mitigating circumstances)

(body 4)
-   continuing with judicial
-   r v Curtis
-   ineffective as he got one year for a white collar crime

*SORRY IF IT IS A LITTLE VAGUE


yea that sounds good! just make sure to include the actual legislation for statutory guidelines where you're talking about statutory guidelines :-)
Title: Re: Legal Studies Question Thread
Post by: bronwoolbank on October 09, 2017, 11:38:46 am

Hi! :) thanks so much for your reply,
I was wondering is this plan is good enough for my essay:

QUESTION: "How effective are statutory and judicial guidelines as a means of achieving justice?"

(Body 1)
-   Define statutory
-   Law reform case r v loveridge
-   Statutory guideline have allowed law reform with lockout laws along with NGO ‘one punch can kill’ campaign

(body 2)
-   continuing with statutory and law reform cases
-   r v singh (provocation)

(body 3)
-   define judicial
-   r v silva (silva got plead guilty to manslaughter and received 29 weeks as judge took in mitigating circumstances)

(body 4)
-   continuing with judicial
-   r v Curtis
-   ineffective as he got one year for a white collar crime

*SORRY IF IT IS A LITTLE VAGUE


R v Loverige can be good to show how sometimes staturory guidelines are ineffective, with media outrage following his mere 5 year sentence following the attack, after appeal the sentence doubled. ( http://www.abc.net.au/news/2014-07-04/loveridge-gets-more-jail-time-over-one-punch-death/5571222 ) This one is good too ( http://guides.sl.nsw.gov.au/c.php?g=671792&p=4729423 ). I would make a conscious effort to show how the statutory guidelines were deemed ineffective and then prove the evident need for law reform because of what this case triggered. Have a read of this http://www.abc.net.au/news/2014-01-22/one-punch-mandatory-sentences-27a-recipe-for-injustice27/5212462 .

R v Singh is also good for proving ineffectiveness of statutory guidelines . See - http://guides.sl.nsw.gov.au/c.php?g=671792&p=4729478 . This is also a great read https://theconversation.com/murder-or-manslaughter-nsw-ponders-the-provocation-problem-9180. This is a great case for your essay as it proposes the heavily debated issue of Provocation being a partial defence (Note http://www.theage.com.au/news/National/Government-abolishes-provocation-defence/2005/01/20/1106110863452.html )

R v Silva is a great case of achieving justice as the judge took into account the mitigating factors that made the offence happen. ( http://www.news.com.au/entertainment/tv/jessica-silva-opens-up-to-60-minutes-about-the-night-she-killed-james-polkinghorne/news-story/d418122fe57956228f50301ad049f61c) and http://www.abc.net.au/news/2015-03-06/jessica-silva-avoids-jail-for-manslaughter-of-abusive-partner/6285488. If you can find the transcript somewhere, i know they had the voice messages of the abusive calls the deceased victim sent to the offender. This is a great case !

I actually havent heard too much about your 4th paragraph case but it sounds on track . Just make sure you continually integrate your cases and make sure you're making a point when you integrate them , as to not just putting them into your essay for the fun of it

Hope your essay goes well
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 09, 2017, 02:51:04 pm
Sorry if this has been asked before but, do many people just make up their media for their legal essays? Memorising cases is alright as there is overlap on what questions you can use them for, for media is just so specific
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 09, 2017, 03:10:36 pm
Sorry if this has been asked before but, do many people just make up their media for their legal essays? Memorising cases is alright as there is overlap on what questions you can use them for, for media is just so specific

it's hard to make up media because it just doesn't sound legit... try your best to remember them, but if you can't, put on your journalist hat and make up the best possible title for your article 😂
Title: Re: Legal Studies Question Thread
Post by: mystermark on October 09, 2017, 03:18:51 pm
it's hard to make up media because it just doesn't sound legit... try your best to remember them, but if you can't, put on your journalist hat and make up the best possible title for your article 😂

My teacher was telling us how a girl for her trials made up her articles, all her info was right but the articles didnt make sense. My teacher ended up looking into her whole essay and safe to say she didnt do it for her hsc :')
Title: Re: Legal Studies Question Thread
Post by: rodero on October 09, 2017, 04:11:37 pm
Sorry if this has been asked before but, do many people just make up their media for their legal essays? Memorising cases is alright as there is overlap on what questions you can use them for, for media is just so specific

I've read some exemplar HSC responses and I've seen many students who have made up their media articles. You don't even need to make it a flashy title for an article, you can just say something like: the UN has been coined a "toothless tiger" (SMH 2011), due to ...
Title: Re: Legal Studies Question Thread
Post by: sarahhamilton on October 09, 2017, 08:13:34 pm
What is the best method of studying for the crime extended response?
Title: Re: Legal Studies Question Thread
Post by: sarahhamilton on October 09, 2017, 08:14:58 pm
Any predictions for the 2017 paper?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 09, 2017, 08:19:02 pm
What is the best method of studying for the crime extended response?

LCMs. LCMs. LCMs. memorise as many as you can, and you'll be set! (but also know how to write an essay, and therefore, be able to make an argument on how effective certain laws with reference to cases and media articles)

Any predictions for the 2017 paper?

law reform and some other theme for the crime response. i most likely don't do the options you do (click the link in my signature and you'll figure out why) so i can't help you there.

best of luck for your hsc,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 11, 2017, 04:57:39 pm
Hey guys, currently writing an essay using this question from the 2010 HSC Consumers question: "Assess how compliance and non-compliance are demonstrated in the operation of consumer law."

Decided to talk about the role of mandatory standards, regulation of marketing, occupational licensing and role of media/NGOS.
However,  a bit stuck on the role of media/NGOS. So far I have - "The non-statutory mechanisms such as media scrutiny and the influence of NGOs, continue to have a significant role in ensuring compliance with consumer law. The media provides society with more information, forcing suppliers to comply in order to avoid criticism or the publicising cases of non-compliance."

However I don't know what else to write. Anyone have any ideas?

Also I have a feeling compliance and non-compliance may be one of the Consumer questions for this year..
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 11, 2017, 05:56:17 pm
Hey guys, currently writing an essay using this question from the 2010 HSC Consumers question: "Assess how compliance and non-compliance are demonstrated in the operation of consumer law."

Decided to talk about the role of mandatory standards, regulation of marketing, occupational licensing and role of media/NGOS.
However,  a bit stuck on the role of media/NGOS. So far I have - "The non-statutory mechanisms such as media scrutiny and the influence of NGOs, continue to have a significant role in ensuring compliance with consumer law. The media provides society with more information, forcing suppliers to comply in order to avoid criticism or the publicising cases of non-compliance."

However I don't know what else to write. Anyone have any ideas?

Also I have a feeling compliance and non-compliance may be one of the Consumer questions for this year..
Hey,
In general terms, NGO's can provide information/advice to consumers and some attempt to influence the legislative programs of political parties in government (by pushing for new laws, or harsher ones, etc.) The media can heighten consumer awareness on unsafe products, the release/quality of products and dishonest sale techniques. However, the media can be biased towards one side, or sponsor and may sensationalise issues.

I normally use the Consumer NGO Choice but I usually integrate it with other points. So, for example in mandatory reporting the Thermomix case (can link to an article if you want one) Choice exposed the scale of this by revealing that the faulty product had led to at least 87 different incidents. So, in that case Choice can publicly humiliate businesses and expose them for not following the laws.

Similarly, with free range eggs Choice has made the cluck-AR app for consumers to find out if eggs are free range, a free-range egg buying guide, 2015 report, education page and they have also lobbied the government for a national free-range egg code. They also research and campaign for consumers, educating them on consumer practises and businesses that are not compliant.
Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 11, 2017, 07:21:38 pm
Hey,
In general terms, NGO's can provide information/advice to consumers and some attempt to influence the legislative programs of political parties in government (by pushing for new laws, or harsher ones, etc.) The media can heighten consumer awareness on unsafe products, the release/quality of products and dishonest sale techniques. However, the media can be biased towards one side, or sponsor and may sensationalise issues.

I normally use the Consumer NGO Choice but I usually integrate it with other points. So, for example in mandatory reporting the Thermomix case (can link to an article if you want one) Choice exposed the scale of this by revealing that the faulty product had led to at least 87 different incidents. So, in that case Choice can publicly humiliate businesses and expose them for not following the laws.

Similarly, with free range eggs Choice has made the cluck-AR app for consumers to find out if eggs are free range, a free-range egg buying guide, 2015 report, education page and they have also lobbied the government for a national free-range egg code. They also research and campaign for consumers, educating them on consumer practises and businesses that are not compliant.
Hope this helps :)

Thank you so much! :)
Title: Re: Legal Studies Question Thread
Post by: austv99 on October 12, 2017, 05:00:23 pm
Hi,
Im a bit uneasy about the upcoming HSC exam due to the nature of legal studies exams esp in option topics.
My school and my notes for my options are heavily reliant on contemporary issues and only have short summaries for the rest of the dotpoints. (minimal LCMs) this is due to my teacher claiming that there will always be an option to write an essay entirely on contemporary issues or that we could use the issues in theme based questions. This was also the case in the CSSA trial paper we did.
Long story short,
Is it possible to solely rely on the contemporary issues?
Will we get marked down if we use them in theme based questions?
What's the possibility of the hsc choosing to give us a narrowed question not based off the issues?
Thanks.
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 12, 2017, 05:27:18 pm
Hi,
Im a bit uneasy about the upcoming HSC exam due to the nature of legal studies exams esp in option topics.
My school and my notes for my options are heavily reliant on contemporary issues and only have short summaries for the rest of the dotpoints. (minimal LCMs) this is due to my teacher claiming that there will always be an option to write an essay entirely on contemporary issues or that we could use the issues in theme based questions. This was also the case in the CSSA trial paper we did.
Long story short,
Is it possible to solely rely on the contemporary issues?
Will we get marked down if we use them in theme based questions?
What's the possibility of the hsc choosing to give us a narrowed question not based off the issues?
Thanks.
hey!! nothing to be nervous about in the legal exam - you've done everything before :-)

on the contemporary issues, it's totally fine to use them in the options essays even though it's not specified :-) you won't be marked down for it. my teacher told my class the same thing about being able to use the contemporary issues for all essays. it's all good, as long as you answer the question!

best of luck for the hsc,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: mystermark on October 13, 2017, 11:04:00 am
Hi everyone,
Is provocation abolished? Is it just in a couple of states or all across Australia?
This is for me law reform essay with r v singh
Title: Re: Legal Studies Question Thread
Post by: isaacdelatorre on October 13, 2017, 12:35:05 pm
Hi everyone,
Is provocation abolished? Is it just in a couple of states or all across Australia?
This is for me law reform essay with r v singh

Hi there,

Following the R v Singh case there was significant public outcry about how lenient the partial defence of provocation was. To ensure that the law reflected changing values and ethical standards law reform was introduced through the Crimes Amendment (Provocation) Act 2014 to change the partial defence of provocation to extreme provocation. This reform made it harder to claim provocation and instead listed out provisions that must be met to prove extreme provocation. These are listed out the Crimes Act 1990 s23(2).

Section 23(2) provides an act is done in response to extreme provocation if and only if:
(a) the accused acted in response to conduct of the deceased towards or affecting the accused; and
(b) the conduct of the deceased is a serious indictable offence (punishable by 5 years imprisonment or more); and
(c) the deceased’s conduct caused the accused to lose self-control; and
(d) the deceased’s conduct could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm on the deceased.

Hope this helps!!!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 13, 2017, 04:04:10 pm
Any predictions for the 2017 paper?

Crime - Law reform
Consumers - Compliance and non-compliance
Family - same thing

I don't do the other options
Title: Re: Legal Studies Question Thread
Post by: oliviamarie on October 13, 2017, 07:55:07 pm
Hi,
Im a bit uneasy about the upcoming HSC exam due to the nature of legal studies exams esp in option topics.
My school and my notes for my options are heavily reliant on contemporary issues and only have short summaries for the rest of the dotpoints. (minimal LCMs) this is due to my teacher claiming that there will always be an option to write an essay entirely on contemporary issues or that we could use the issues in theme based questions. This was also the case in the CSSA trial paper we did.
Long story short,
Is it possible to solely rely on the contemporary issues?
Will we get marked down if we use them in theme based questions?
What's the possibility of the hsc choosing to give us a narrowed question not based off the issues?
Thanks.

contemporary issues are universal to most of the previous dot points in the options so this should be fine :) ensure you know basic definitions from earlier topics though in case you want to establish this in your intro (e.g. family law- same sex couples- marriage is defined as " " as seen in case of " " :) best of luck!
Title: Re: Legal Studies Question Thread
Post by: oliviamarie on October 13, 2017, 07:58:03 pm

at this point - what should I be doing for legal? what are last minute tips for preparing for legal studies in the few weeks before the exam?

Also how do I deal with the fact I have society and culture on the same day as legal ? I need help aahhh

at this point Im working on essay plans for broad topics (eg. law reform) and drilling over main LCMS, definetly review themes and challenges!

can't say I have the issue of sac and legal- but hey at least the sac exam isn't worth as much as the others! :)
Title: Re: Legal Studies Question Thread
Post by: fergo on October 16, 2017, 08:57:52 pm
Hey!!

So my Legal Studies teacher only teaches from the textbook, and I am starting to get worried that we may be missing out on some important information because of it. How bad would it be to go into the HSC with textbook knowledge + cases and media? Where else can I gain information that may be important?

Thanks!!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 16, 2017, 09:16:40 pm
Hey!!

So my Legal Studies teacher only teaches from the textbook, and I am starting to get worried that we may be missing out on some important information because of it. How bad would it be to go into the HSC with textbook knowledge + cases and media? Where else can I gain information that may be important?

Thanks!!

Hey! Your textbook is going to have all of the content you need, so provided you are doing wider research for cases/laws/other evidence for your essays, that is going to be heaps!

If you are concerned, lots of free notes you can use to supplement here, or you could buy Elyse's awesome course notes. Or do neither and do your own independent research - You will be fine either way ;D
Title: Re: Legal Studies Question Thread
Post by: lauracabezas on October 16, 2017, 09:36:35 pm
some one please help me haha I'm really really bad at essays for legal basically. and It's kinda weird (or maybe not?) considering i'm pretty good at English essays. I did pretty trash in my family essay in trials and I got 18/25 for world order which is okay i suppose but obviously lots of room to improve. I really have no idea how to write a confident, valid essay for legal. whether crime, family or world order or even just in general any tips would be amazing :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 16, 2017, 09:43:21 pm
some one please help me haha I'm really really bad at essays for legal basically. and It's kinda weird (or maybe not?) considering i'm pretty good at English essays. I did pretty trash in my family essay in trials and I got 18/25 for world order which is okay i suppose but obviously lots of room to improve. I really have no idea how to write a confident, valid essay for legal. whether crime, family or world order or even just in general any tips would be amazing :)

Hey! I think there are two key aspects to a succesful legal essay:

- A good thesis, here is a guide to that!
- Lots of evidence, we've got a heap of free notes that could help with that

Ultimately a Legal essay is an argument (Thesis) that needs to be proven (evidence). If you get those two bits right, you are all sweet! ;D
Title: Re: Legal Studies Question Thread
Post by: toasted on October 18, 2017, 12:00:31 pm
Hey!

I'm really struggling to construct an effective structure for the Family Law question "Evaluate the effectiveness of the law in dealing with issues related to same sex couples". I just find these types of questions extremely specific. :-\
I was thinking about having a paragraph on marriage but apart from that i'm stuck (maybe adoption and separation)
Any suggestions?
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 18, 2017, 12:43:24 pm
Hey! I think there are two key aspects to a succesful legal essay:

- A good thesis, here is a guide to that!
- Lots of evidence, we've got a heap of free notes that could help with that

Ultimately a Legal essay is an argument (Thesis) that needs to be proven (evidence). If you get those two bits right, you are all sweet! ;D

hey...
i know i wasn't the one that asked the question, but i have issues in regard to legal essays structure as well!!
thats awesome advice, thanks jamon!!!
what do you think about the point, evidence, explain, link structure for legal?! thats what we've been taught to do but i'm not 100% sure!?
thanks again
~BK~ :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 18, 2017, 01:32:39 pm
Hey!

I'm really struggling to construct an effective structure for the Family Law question "Evaluate the effectiveness of the law in dealing with issues related to same sex couples". I just find these types of questions extremely specific. :-\
I was thinking about having a paragraph on marriage but apart from that i'm stuck (maybe adoption and separation)
Any suggestions?

Welcome to the forums! So this was actually my favourite topic for the Family elective because it is actually full of stuff if you know what to look for. I structured mine:

- A paragraph on the gradual decriminalisation of homosexual relationships
- A paragraph or two on how equal rights have been/are being achieved for same sex de-facto couples
- A paragraph on the work still to be done, in terms of marriage equality

So I tended to approach it as, "We've been effective, but we're ineffective since there is still more to do." You could absolutely pop some paragraphs on adoption/separation in as well, all would work! These are some summary sheets that could be useful in finding some evidence ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 18, 2017, 01:38:18 pm
hey...
i know i wasn't the one that asked the question, but i have issues in regard to legal essays structure as well!!
thats awesome advice, thanks jamon!!!
what do you think about the point, evidence, explain, link structure for legal?! thats what we've been taught to do but i'm not 100% sure!?
thanks again
~BK~ :D

PEEL works really well for Legal - Though I think sometimes your point and link will end up very much intertwined. Like, your point might be, "Courts do a shit job at achieving justice," but that in itself could be linking to the question. Or, you might need to go one extra to make the link, "Thus showing how the criminal justice system fails to achieve equality." Point was about courts, link was to a larger idea. So it totally depends I think.

I'd also personally replace the EXPLAIN part of PEEL with EVALUATE, since that is more commonly what you'll be doing.

But yep, PEEL works really well! A great way to make sure you are continually answering the question ;D
Title: Re: Legal Studies Question Thread
Post by: toasted on October 18, 2017, 04:28:11 pm
Welcome to the forums! So this was actually my favourite topic for the Family elective because it is actually full of stuff if you know what to look for. I structured mine:

- A paragraph on the gradual decriminalisation of homosexual relationships
- A paragraph or two on how equal rights have been/are being achieved for same sex de-facto couples
- A paragraph on the work still to be done, in terms of marriage equality

So I tended to approach it as, "We've been effective, but we're ineffective since there is still more to do." You could absolutely pop some paragraphs on adoption/separation in as well, all would work! These are some summary sheets that could be useful in finding some evidence ;D

THATS BRILLIANT TYSM (both the structure and the amazing summary sheets)  :D
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 18, 2017, 04:33:45 pm
Hey I wanted to use the example of the Listening Devices Act 1984 (NSW) to talk about the issue of increasing police powers vs gaining better outcomes for victims, with regard to a reform in 2015 enabling them to use videos of recorded DV incidents to be used as evidence in court but I can't find the name of the amendment anywhere! Would anyone know what it was called,? If not could I just say "the 2015 amendment to the Listening Devices Act 1984 (NSW) ..." Thanks :)
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 18, 2017, 04:35:30 pm
PEEL works really well for Legal - Though I think sometimes your point and link will end up very much intertwined. Like, your point might be, "Courts do a shit job at achieving justice," but that in itself could be linking to the question. Or, you might need to go one extra to make the link, "Thus showing how the criminal justice system fails to achieve equality." Point was about courts, link was to a larger idea. So it totally depends I think.

I'd also personally replace the EXPLAIN part of PEEL with EVALUATE, since that is more commonly what you'll be doing.

But yep, PEEL works really well! A great way to make sure you are continually answering the question ;D

thanks heaps, thats good to know...
haha, yep i'll use your terminology for my point ;)
i find if you do PEEL then you hafta make sure you've got all your evidence!!
Title: Re: Legal Studies Question Thread
Post by: georgiia on October 18, 2017, 07:57:10 pm
I was just wondering if creation of legislation is considered law reform even if it isn't amending any previous legislation?
Like in a law reform question could you evaluate the effectiveness of the creation of Crimes (Sentencing Procedures) Act 1999 (NSW) in terms of the different types of penalties and how effective they are by means of this statute?

Thanks!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 18, 2017, 08:33:51 pm
Hey I wanted to use the example of the Listening Devices Act 1984 (NSW) to talk about the issue of increasing police powers vs gaining better outcomes for victims, with regard to a reform in 2015 enabling them to use videos of recorded DV incidents to be used as evidence in court but I can't find the name of the amendment anywhere! Would anyone know what it was called,? If not could I just say "the 2015 amendment to the Listening Devices Act 1984 (NSW) ..." Thanks :)

Hi there! You won't believe that my memory knew this came into play on June 1st of 2015 - it was in my own HSC! Here's a link to what I think you're after! I found it because I could remember the date to google lol. However, this is not an amendment to the act you've mentioned, I can only find Queensland documents for that one! Is this the same, or are you referring to a different thing?

Sounds like a great argument you're building!

I was just wondering if creation of legislation is considered law reform even if it isn't amending any previous legislation?
Like in a law reform question could you evaluate the effectiveness of the creation of Crimes (Sentencing Procedures) Act 1999 (NSW) in terms of the different types of penalties and how effective they are by means of this statute?

Thanks!

Definitely! Creation of new laws is definitely a reform, even though I know "reform" implies changing something already existing - see it more as changing the overall body of laws :) So yep, new legislation slips in there! :)

Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 18, 2017, 08:41:24 pm
Hi there! You won't believe that my memory knew this came into play on June 1st of 2015 - it was in my own HSC! Here's a link to what I think you're after! I found it because I could remember the date to google lol. However, this is not an amendment to the act you've mentioned, I can only find Queensland documents for that one! Is this the same, or are you referring to a different thing?

Sounds like a great argument you're building!

Definitely! Creation of new laws is definitely a reform, even though I know "reform" implies changing something already existing - see it more as changing the overall body of laws :) So yep, new legislation slips in there! :)


Yeah that was it! I didn't realise it was a new piece of legislation . Thanks so much!
Title: Re: Legal Studies Question Thread
Post by: Claire? on October 18, 2017, 11:52:09 pm
Hey, Were the legal studies revision videos (which were awesome btw) meant to cut off half way through for Essays and Sentencing and Punishment?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 19, 2017, 12:00:15 am
Hey, Were the legal studies revision videos (which were awesome btw) meant to cut off half way through for Essays and Sentencing and Punishment?

Definitely not! They seem to work for me - Perhaps try in another browser? :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 19, 2017, 08:25:37 am
Hey, Were the legal studies revision videos (which were awesome btw) meant to cut off half way through for Essays and Sentencing and Punishment?

Glad you liked them! Let us know if you keep having troubles.
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 19, 2017, 01:06:34 pm
Glad you liked them! Let us know if you keep having troubles.
hey that happened to me too? They're so great though thanks!
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on October 19, 2017, 01:17:31 pm
Hey Jamon,

How should I structure parts of my response if I was exploring multiple aspects of the syllabus but also exploring different responses within those muliple aspects. E.g. If I was structuring a response to the effectiveness of the law in relation to relationship breakdowns - my structure would be intro, divorce, children, property, dispute resolution mechanisms and domestic violence. However, if i wanted to explore 2 or 3 aspects of children in this question would i do 2 or 3 paragraphs for children or just write them in 1 paragraph as a whole?

Also, which aspects of the family syllabus should I write about for a non-complaince and compliance essay?

Thanks!
Title: Re: Legal Studies Question Thread
Post by: georgiia on October 19, 2017, 03:00:17 pm
Hi there! You won't believe that my memory knew this came into play on June 1st of 2015 - it was in my own HSC! Here's a link to what I think you're after! I found it because I could remember the date to google lol. However, this is not an amendment to the act you've mentioned, I can only find Queensland documents for that one! Is this the same, or are you referring to a different thing?

Sounds like a great argument you're building!

Definitely! Creation of new laws is definitely a reform, even though I know "reform" implies changing something already existing - see it more as changing the overall body of laws :) So yep, new legislation slips in there! :)



So just to clarify, lets say the question asked for law reform in trial process (i know this is specific but hypothetical) I could argue the effectiveness of legislation within each syllabus point of sentencing? e.g.
The effectiveness of having different courts for trailing different matters because each court is created by its own legislation i.e.
Drug Court -  Drug Court Act 1998 (NSW)
Children’s court - Children’s Court Act 1987 (NSW)
Because then i can limit the amount i have to memorise because I use these same LCMID's for if a question was "balancing rights in trial process".
I'm asking this because at the moment the sort of LCMID I used for a reform question I answered is framed to answer that question specifically and I just want the LCMID I use to be flexible. Also, I want to know how many posts away i am from being able to have something marked? Thanks :)

Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 19, 2017, 03:05:25 pm
Hey I was wondering how mnay examples I would need to have for police powers? (eg cases/media.....) there seems to be so much to talk about! At the moment I've got stuff on the use of technology, the case of Roberto curti (taser powers) is that enough? or do you think I need to talk about the increased powers with regard to terrorism? Thanks heaps :)
Title: Re: Legal Studies Question Thread
Post by: toasted on October 19, 2017, 04:03:57 pm
Hey!

How would I go about answering an essay question which was about the theme compliance and non-compliance regarding family law? what aspects of the syllabus could I potentially talk about?
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 19, 2017, 06:26:40 pm
Hey!

How would I go about answering an essay question which was about the theme compliance and non-compliance regarding family law? what aspects of the syllabus could I potentially talk about?

Hey! I think you could definitely talk about domestic violence- the limitations of ADVOS for victims, there are a few cases you could mention
Also you could structure your essay around the fact that he family law system is designed to encourage compliance, through family dispute resolutions, compulsory conciliation for separating couples and making parenting plans. All of these measures are designed to enable the parties involved to come to a decision that best suits their needs without the court's involvement. That's all that come to mind at the moment- hope it helps!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 19, 2017, 07:56:17 pm
Hey Jamon,

How should I structure parts of my response if I was exploring multiple aspects of the syllabus but also exploring different responses within those muliple aspects. E.g. If I was structuring a response to the effectiveness of the law in relation to relationship breakdowns - my structure would be intro, divorce, children, property, dispute resolution mechanisms and domestic violence. However, if i wanted to explore 2 or 3 aspects of children in this question would i do 2 or 3 paragraphs for children or just write them in 1 paragraph as a whole?

Also, which aspects of the family syllabus should I write about for a non-complaince and compliance essay?

Thanks!

Hey! From your description I'd probably put everything about children in one paragraph, everything about property in another, etc ;D

And I'll refer you to the post above for a great answer about compliance in the Family Law section ^^ ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 19, 2017, 07:59:53 pm
Hey I was wondering how mnay examples I would need to have for police powers? (eg cases/media.....) there seems to be so much to talk about! At the moment I've got stuff on the use of technology, the case of Roberto curti (taser powers) is that enough? or do you think I need to talk about the increased powers with regard to terrorism? Thanks heaps :)

As many as you can feasibly remember! Why have a cap, the more evidence the better!! ;)

 It does sound like what you've got is definitely substantial, though there is some great stuff on terrorism too - If you want to, definitely worth learning! But you are in a good spot already ;D

So just to clarify, lets say the question asked for law reform in trial process (i know this is specific but hypothetical) I could argue the effectiveness of legislation within each syllabus point of sentencing? e.g.
The effectiveness of having different courts for trailing different matters because each court is created by its own legislation i.e.
Drug Court -  Drug Court Act 1998 (NSW)
Children’s court - Children’s Court Act 1987 (NSW)
Because then i can limit the amount i have to memorise because I use these same LCMID's for if a question was "balancing rights in trial process".
I'm asking this because at the moment the sort of LCMID I used for a reform question I answered is framed to answer that question specifically and I just want the LCMID I use to be flexible. Also, I want to know how many posts away i am from being able to have something marked? Thanks :)

I like your approach, I think it works well! Just be sure to remember the legislation and such separately to how you argue it, like, have a well rounded understanding of your evidence such that you can use it broadly ;D

And you've already got enough to get something marked (155), your next one will be 205 ;D
Title: Re: Legal Studies Question Thread
Post by: austv99 on October 20, 2017, 10:02:50 am
Anyone got LCMs for technology in the consumer option topic? It seems pretty bare and im struggling to put together an essay plan.
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 20, 2017, 10:38:26 am
Anyone got LCMs for technology in the consumer option topic? It seems pretty bare and im struggling to put together an essay plan.
Hey,
I haven't really found a lot of cases for consumers but here are some media:
- Fraudulent Airbnb listings increasing, with $88,000 lost to consumers last year (SMH, 2017)
- Fake online reviews: How masking can hide negative comments on TripAdvisor(SMH, 2016)
- iPhone 'error 53': ACCC takes Apple to court over allegations of misleading and deceptive behaviour (SMH, 2017)
- In your Facebook (SMH, 2008). This one isn't as recent, but weirdly the one I have printed out says 2011 while the online one I found says 2008.

I think some of these articles would be able to be used for technology as well.
Hope these help!  ;D
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 20, 2017, 11:52:57 am
Soooo many people are thinking at least one of the options questions will be compliance and non-compliance. Wondering how true this may be? Know it is all speculation but are predictions usually right in legal?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 20, 2017, 02:10:24 pm
Soooo many people are thinking at least one of the options questions will be compliance and non-compliance. Wondering how true this may be? Know it is all speculation but are predictions usually right in legal?

It hasn't been asked in ages, so maybe! Don't go in relying on it, but definitely be ready for it ;D
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 20, 2017, 10:29:39 pm
Any predictions for Crime and Family?
I hope it's compliance and non-compliance for consumers!!
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 22, 2017, 07:36:06 pm
Any predictions for Crime and Family?
I hope it's compliance and non-compliance for consumers!!

For crime - law reform is the top guess from Jamon and I. I have heard a lot of students say that them and their teachers have been focusing on the Sentencing and Punishment part of the syllabus especially in preparation for a question on that. So it could be a situation of tying a theme and challenge with a main part of the syllabus like that? (In saying this - it could be anything :P)
Title: Re: Legal Studies Question Thread
Post by: ash_mcalpine on October 22, 2017, 08:24:50 pm
Hey, so you guys were able to peg the crime question for last years paper, I was wondering what you thought the 2017 crime question will be on??

Thanks
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 22, 2017, 08:31:46 pm
Hey, so you guys were able to peg the crime question for last years paper, I was wondering what you thought the 2017 crime question will be on??

Thanks

I got it in 2015 too ;)

Elyse and I are both betting law reform this year, and as mentioned above, possibly linked to a specific syllabus area. But I am more inclined to believe they will keep things general ;D
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 25, 2017, 12:05:57 pm
Hey guys!

I was wondering for a broad consumers question such as 'Assess the role of consumer law in meeting the needs of consumers and society; what would be the strongest things to include if I was to discuss 4 areas? I'm not sure if it'd be best to delve into contemporary issues, but I have 2 strong arguments on mandatory standards (ie product certification) for the role of the ACCC, as well as enforcement in international jurisdictions.

Also, in terms of structuring arguments, would you advise to evaluate organisations in an argument? Ie. the role of the ACC relative to product certification, or the role of the ACC relative to marketing advertising as another argument.

Otherwise, things such as roles of tribunals, contracts + negligence, marketing and advertising etc. could fit but there's too much to have much depth for all of these things. I'm sure there are countless ways to do it but what do you reckon is best to prioritise for broad consumer questions? Struggling to sacrifice depth for a base level understanding of various areas.

Anyways, let me know the main points you'd address for a question like this!
Thanks
Rachel :D
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 25, 2017, 03:48:52 pm
hey!
 do people charged with attempt or conspiracy face the same penalties as those who have actually committed the crimes?
Also do we need to be across examples of social crime prevention strategies, do you think they could ask a crime question on this?
Thanks :)

Title: Re: Legal Studies Question Thread
Post by: MisterNeo on October 25, 2017, 06:51:54 pm
hey!
 do people charged with attempt or conspiracy face the same penalties as those who have actually committed the crimes?
Also do we need to be across examples of social crime prevention strategies, do you think they could ask a crime question on this?
Thanks :)
People charged with attempt get the same penalty as if the crime actually occured, except for attempted murder which gets a different penalty to murder. It would be ideal to know a few social crime prevention strategies and their effectiveness because they can ask a crime question on "How does the law deal with compliance and non-compliance.", which social/situational crime prevention would be an good topic to discuss. ;)
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on October 25, 2017, 07:19:58 pm
Hey Jamon,

What do u reckon can be asked in the family topic this yr because last yr was pretty nice so i have a feeling this yr can be a little bit more of a curveball.

So in prep for the exam, what area/areas do u reckon I should focus on/ not neglect as it may be asked?

Thanks
Title: Re: Legal Studies Question Thread
Post by: Bubbly_bluey on October 25, 2017, 09:21:45 pm
Hi
The 2011 legal family question was: To what extent have changing values in the community improved the legal rights of parents and child.
I talked about CROC and Family legislation about best interests of child and the shared parental responsibilities that is about parental duty rather than a right to have a child. Mainly talked about the child's rights to education, parental responsibility about discipline (right for child to not be abused) and how discipline has changed and medical treatment.
I've mostly talked about children's right but not parental rights but rather their responsibility.is that right? and is there anything that I should add?
Title: Re: Legal Studies Question Thread
Post by: toasted on October 26, 2017, 09:30:51 am
Hey Jamon,

What do u reckon can be asked in the family topic this yr because last yr was pretty nice so i have a feeling this yr can be a little bit more of a curveball.

So in prep for the exam, what area/areas do u reckon I should focus on/ not neglect as it may be asked?

Thanks

A lot of people have been predicting a compliance and non-compliance essay for at least one of the options so make sure you know that well enough bc making that up on the spot would be pretty hard. Also, same sex relationships is very contemporary- as there's a lot going in the news (with the plebiscite)- so there's a fair chance that pops up. But in saying that, this is all just speculation (triggered(paper 1 reference)) , so anything could really be asked.
Title: Re: Legal Studies Question Thread
Post by: toasted on October 26, 2017, 09:37:42 am
Hey!

If a question explicitly asks "assess the effectiveness of legal measures/the law..." are you still able to mention non-legal measures or is it better to stay clear from them?
I was looking at some markers notes from 2011 where the question was "Explain the role of the legal measures in balancing the rights and responsibilities of employees and employers" and it said how in "better responses, candidates included an outline of non-legal measures".

Thanks!
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 26, 2017, 02:12:39 pm
Hi
The 2011 legal family question was: To what extent have changing values in the community improved the legal rights of parents and child.
I talked about CROC and Family legislation about best interests of child and the shared parental responsibilities that is about parental duty rather than a right to have a child. Mainly talked about the child's rights to education, parental responsibility about discipline (right for child to not be abused) and how discipline has changed and medical treatment.
I've mostly talked about children's right but not parental rights but rather their responsibility.is that right? and is there anything that I should add?

Nope, you are right! Ensure you do add the bit about it changing from rights to responsibility through law reform :)



I need help peoples, what could be body paragraphs for this question
"Assess the implications of the nature of conflict on achieving world order"
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 26, 2017, 04:15:50 pm
hey what arguments/structure could I have for this question?
'Evaluate the effectiveness of the jury system in the criminal trial process."
Thanks!
Title: Re: Legal Studies Question Thread
Post by: georgiia on October 26, 2017, 05:02:39 pm
hey what arguments/structure could I have for this question?
'Evaluate the effectiveness of the jury system in the criminal trial process."
Thanks!


I'd start by explaining the purpose of a trial by jury; that it is trial by peers ect. and you could talk abut the reform for mandatory verdicts:
Original law - Jury Act 1977 (NSW)
Reformed statute - Jury (amendment) Act 2006 (NSW)

The effectiveness of majority verdicts:
- Accounts for rogue or unreasonable jurors unrepresentative of community 
- Resource Efficient
- Avoids the stress on victim going through a retrial
Ineffectiveness:
- Discounting possibility of reasonable doubt

Warren Young argues in a Preliminary Research Paper 'Juries in Criminal Trials'
that majority verdicts "Will lead to more majority verdicts than there are currently hung juries which would have the potential to undermine the perceived finality of the jury’s verdict and jeopardise public confidence in the system."

Another argument to pursue could be resource efficiency v.s the effectiveness of juries in achieving just outcomes. In most cases, where they do not secure just outcomes they're also wasting public resources/time/money.
R v Rogerson and R v McNamara (2016) (resource inefficiency)
- Jurors dismissed after two days due to potential prejudice ABC 2016
- Demonstrates lack of time and resource inefficiency
- $71 million per year to fund juries (Australian Bureau of Statistics)

Robert Xie (resource inefficiency and took too long to secure just outcomes)
- Verdict of the Lin family murders took 3 years and four separate trials to secure
- Why did Robert Xie face four trials for Lin family murders? SMH 2017

Trial by jury not achieving just outcomes for society:
R v Skaf
- raised the issue of juror misconduct
- Retrial due to jurors going to scene of crime to do their own investigation

Drug Trial Abandoned after jurors play Sudoku (ABC 2008)
- raised issue of jurors cannot be force to listen
- Discharge jury in major drug trial because jurors were playing Sudoku for “more than half” the trial
- Cost over $1 million and had seen 105 witnesses

Also, BOCSAR (2008) found that only 55% of jurors understood what ‘beyond a reasonable doubt’ meant. This undermines the entire purpose of being tried by peers.

Another argument against the effectiveness of trial by jury is that judge alone trials seem to achieve just outcomes while being cost effective and time efficient. They also mitigate juror bias in high-publicity trials. A good case for this argument is R v Gittany (2014) which successfully mitigated juror bias and the judge was able to deliver guilty verdict whilst providing reasons for his decision. This effectively represented societal values.
The Conversation 2014 "In a society where trial by one’s peers in the form of a jury trial is a constitutional right, the Gittany case raises a question whether or not trial by jury should be the exception rather than the rule."

Hope this helps :)
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 26, 2017, 05:10:35 pm
so legal is my nxt and final hsc...
i was just wondering if anyone did consumers and/or workplace law as their electives??
yep, they're the driest topics that could be chosen ::) :'(
coz i struggled a little with them, particularly workplace
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 26, 2017, 07:31:32 pm
I need help peoples, what could be body paragraphs for this question
"Assess the implications of the nature of conflict on achieving world order"


I'd personally do three case studies for this response, three conflicts, one per paragraph - And assess each scenario in terms of the question one by one :)
Title: Re: Legal Studies Question Thread
Post by: myyerr on October 26, 2017, 08:10:16 pm
Hey everyone!
Just wondering, how is everyone preparing for the HSC legal studies exam?
What's the next step after knowing all your content and whats the most efficient process to prepare?
I feel like writing different essays is too time consuming?! What are your thoughts?
Are essay plans enough for preparation?
Sorry, Im just really stressed because the style of studying for legal is completely different from my other subjects and its quite tricky!

Thankyou in advance :)  ;D
Title: Re: Legal Studies Question Thread
Post by: fergo on October 26, 2017, 09:43:48 pm
Hi!

In reference to crime and the criminal investigation process, how long can a suspect be detained before they either have to be charged or released? My textbook says 4 hours or 8 if a warrant is applied for, but my teacher said that that might have changed in the last year to 6 hours. Does anyone know?

Thanks!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 26, 2017, 09:46:35 pm
I'd start by explaining the purpose of a trial by jury; that it is trial by peers ect. and you could talk abut the reform for mandatory verdicts:
Original law - Jury Act 1977 (NSW)
Reformed statute - Jury (amendment) Act 2006 (NSW)

The effectiveness of majority verdicts:
- Accounts for rogue or unreasonable jurors unrepresentative of community 
- Resource Efficient
- Avoids the stress on victim going through a retrial
Ineffectiveness:
- Discounting possibility of reasonable doubt

Warren Young argues in a Preliminary Research Paper 'Juries in Criminal Trials'
that majority verdicts "Will lead to more majority verdicts than there are currently hung juries which would have the potential to undermine the perceived finality of the jury’s verdict and jeopardise public confidence in the system."

Another argument to pursue could be resource efficiency v.s the effectiveness of juries in achieving just outcomes. In most cases, where they do not secure just outcomes they're also wasting public resources/time/money.
R v Rogerson and R v McNamara (2016) (resource inefficiency)
- Jurors dismissed after two days due to potential prejudice ABC 2016
- Demonstrates lack of time and resource inefficiency
- $71 million per year to fund juries (Australian Bureau of Statistics)

Robert Xie (resource inefficiency and took too long to secure just outcomes)
- Verdict of the Lin family murders took 3 years and four separate trials to secure
- Why did Robert Xie face four trials for Lin family murders? SMH 2017

Trial by jury not achieving just outcomes for society:
R v Skaf
- raised the issue of juror misconduct
- Retrial due to jurors going to scene of crime to do their own investigation

Drug Trial Abandoned after jurors play Sudoku (ABC 2008)
- raised issue of jurors cannot be force to listen
- Discharge jury in major drug trial because jurors were playing Sudoku for “more than half” the trial
- Cost over $1 million and had seen 105 witnesses

Also, BOCSAR (2008) found that only 55% of jurors understood what ‘beyond a reasonable doubt’ meant. This undermines the entire purpose of being tried by peers.

Another argument against the effectiveness of trial by jury is that judge alone trials seem to achieve just outcomes while being cost effective and time efficient. They also mitigate juror bias in high-publicity trials. A good case for this argument is R v Gittany (2014) which successfully mitigated juror bias and the judge was able to deliver guilty verdict whilst providing reasons for his decision. This effectively represented societal values.
The Conversation 2014 "In a society where trial by one’s peers in the form of a jury trial is a constitutional right, the Gittany case raises a question whether or not trial by jury should be the exception rather than the rule."

Hope this helps :)
I'd start by explaining the purpose of a trial by jury; that it is trial by peers ect. and you could talk abut the reform for mandatory verdicts:
Original law - Jury Act 1977 (NSW)
Reformed statute - Jury (amendment) Act 2006 (NSW)

The effectiveness of majority verdicts:
- Accounts for rogue or unreasonable jurors unrepresentative of community 
- Resource Efficient
- Avoids the stress on victim going through a retrial
Ineffectiveness:
- Discounting possibility of reasonable doubt

Warren Young argues in a Preliminary Research Paper 'Juries in Criminal Trials'
that majority verdicts "Will lead to more majority verdicts than there are currently hung juries which would have the potential to undermine the perceived finality of the jury’s verdict and jeopardise public confidence in the system."

Another argument to pursue could be resource efficiency v.s the effectiveness of juries in achieving just outcomes. In most cases, where they do not secure just outcomes they're also wasting public resources/time/money.
R v Rogerson and R v McNamara (2016) (resource inefficiency)
- Jurors dismissed after two days due to potential prejudice ABC 2016
- Demonstrates lack of time and resource inefficiency
- $71 million per year to fund juries (Australian Bureau of Statistics)

Robert Xie (resource inefficiency and took too long to secure just outcomes)
- Verdict of the Lin family murders took 3 years and four separate trials to secure
- Why did Robert Xie face four trials for Lin family murders? SMH 2017

Trial by jury not achieving just outcomes for society:
R v Skaf
- raised the issue of juror misconduct
- Retrial due to jurors going to scene of crime to do their own investigation

Drug Trial Abandoned after jurors play Sudoku (ABC 2008)
- raised issue of jurors cannot be force to listen
- Discharge jury in major drug trial because jurors were playing Sudoku for “more than half” the trial
- Cost over $1 million and had seen 105 witnesses

Also, BOCSAR (2008) found that only 55% of jurors understood what ‘beyond a reasonable doubt’ meant. This undermines the entire purpose of being tried by peers.

Another argument against the effectiveness of trial by jury is that judge alone trials seem to achieve just outcomes while being cost effective and time efficient. They also mitigate juror bias in high-publicity trials. A good case for this argument is R v Gittany (2014) which successfully mitigated juror bias and the judge was able to deliver guilty verdict whilst providing reasons for his decision. This effectively represented societal values.
The Conversation 2014 "In a society where trial by one’s peers in the form of a jury trial is a constitutional right, the Gittany case raises a question whether or not trial by jury should be the exception rather than the rule."

Hope this helps :)

thanks so much!! that's seriously so great :)
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 26, 2017, 09:54:44 pm
For the different categories of crime e.g. offences against the person and all the crimes within that e.g. murder, manslaughter - do you need to know the max sentences for all of these? Ik that these 2 examples are easy, but memorising the max sentence for a death by reckless driving charge just seems so minute and unimportant
Also, are principals in the 2nd degree required to be present during the carrying out of the crime?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 26, 2017, 10:32:45 pm
Hey everyone!
Just wondering, how is everyone preparing for the HSC legal studies exam?
What's the next step after knowing all your content and whats the most efficient process to prepare?
I feel like writing different essays is too time consuming?! What are your thoughts?
Are essay plans enough for preparation?
Sorry, Im just really stressed because the style of studying for legal is completely different from my other subjects and its quite tricky!

Thankyou in advance :)  ;D


hi! past papers are the best way to prepare, but if you really can't be bothered writing essays, essay plans are a decent substitute - but they don't measure up to actually writing an essay. if you have a whiteboard, writing all your LCMs there is a good idea. answering questions here on the forums and teaching your friends is also a really great way to study. you can talk about essay questions and how you would answer them, which really gets you to practice arguing - setting you up for when you write an essay!

best of luck,
fantasticbeasts

Hi!

In reference to crime and the criminal investigation process, how long can a suspect be detained before they either have to be charged or released? My textbook says 4 hours or 8 if a warrant is applied for, but my teacher said that that might have changed in the last year to 6 hours. Does anyone know?

Thanks!

hey! i did a bit of research on this just then, and your textbook seems to be right! link to where i found this information here :-)

For the different categories of crime e.g. offences against the person and all the crimes within that e.g. murder, manslaughter - do you need to know the max sentences for all of these? Ik that these 2 examples are easy, but memorising the max sentence for a death by reckless driving charge just seems so minute and unimportant
Also, are principals in the 2nd degree required to be present during the carrying out of the crime?

if you think it's not that important to remember it, go with your instincts :-) it could be a great detail to use. i've never memorised any maximum sentences for any crime this year, and this year has been pretty alright... but yea.

yea, principals in the 2nd degree are present during the crime, because if you're an accessory to the crime, that person is there to plan or maybe help out after.

best of luck everyone,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: Justinhales on October 27, 2017, 01:28:34 pm
Hey guys!!

Sorry bit of a lame question, but does media fall under as a 'non-legal' measure??

thanks!!  ;D
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 27, 2017, 01:32:49 pm
Hey guys!!

Sorry bit of a lame question, but does media fall under as a 'non-legal' measure??

thanks!!  ;D

Not a lame question at all! But yes, it is a non legal measure :)
Title: Re: Legal Studies Question Thread
Post by: Justinhales on October 27, 2017, 01:41:07 pm
Not a lame question at all! But yes, it is a non legal measure :)
Thanks heaps paigek3!!  :)
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 27, 2017, 02:01:55 pm
This has always tripped me up but for Australia, does ratifying a treaty make it enforceable? I know that when incorporated into domestic legislation a treaty is enforceable, I'm just unsure if that is what ratifying means or if ratifying is only a declaration of support for the treaty
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 27, 2017, 02:17:07 pm
This has always tripped me up but for Australia, does ratifying a treaty make it enforceable? I know that when incorporated into domestic legislation a treaty is enforceable, I'm just unsure if that is what ratifying means or if ratifying is only a declaration of support for the treaty

my understanding of the word 'ratify' just means a country signs a treaty/declaration/convention, assuming that it will actually be put it into law - so yea, as you said, it would be a declaration of support for what's been signed. :-)
Title: Re: Legal Studies Question Thread
Post by: Bee Uddin on October 27, 2017, 02:27:00 pm
For the different categories of crime e.g. offences against the person and all the crimes within that e.g. murder, manslaughter - do you need to know the max sentences for all of these? Ik that these 2 examples are easy, but memorising the max sentence for a death by reckless driving charge just seems so minute and unimportant
Also, are principals in the 2nd degree required to be present during the carrying out of the crime?

For the first part of this question, I've never been one to memorise maximum penalties for every single crime so hopefully they won't ask for that this year. Also a principal in the second degree (from my understanding of what I've been taught) doesn't have to physically be present at the crime scene, they could be on the phone with the principal in the first degree and instructing them on what to do. But yes they do need to assist during the carrying out of the crime. Hope that helps :)
Title: Re: Legal Studies Question Thread
Post by: Justinhales on October 27, 2017, 02:38:02 pm
So, just to get this straight!!

Is the NSW Office of Fair Trading a 'legal measure' or 'non-legal measure'??

Ta!  :D
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 27, 2017, 03:15:34 pm
So, just to get this straight!!

Is the NSW Office of Fair Trading a 'legal measure' or 'non-legal measure'??

Ta!  :D
hey justin  ;)
i think the office of fair trading is a legal measure..
it was set up by the NSW govt and is a govt department...
... i'm pretty sure maybe not tho?
if anyone thinks otherwise please say!!  ;D
Title: Re: Legal Studies Question Thread
Post by: Justinhales on October 27, 2017, 03:27:29 pm
hey justin  ;)
i think the office of fair trading is a legal measure..
it was set up by the NSW govt and is a govt department...
... i'm pretty sure maybe not tho?
if anyone thinks otherwise please say!!  ;D
Thanks BK, whoever u might be  :P  :D
I thort the same, was just making sure!!  :)
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 27, 2017, 03:56:13 pm
Hey! Just a few questions:
 I wasn wondering if we had to know domestic measures/instruments with relation to the development of peace rights? All my notes are focused on international stuff!

Also how would I talk about state sovereignty actually promoting human rights, as opposed to enforcing them?
And with regard to the enforcing' of human rights can we say that the ICC enforces human rights through the sentences (for cases involved with human rights violations) it imposes or is this just promoting them because it establishes an international legal precedent?
Thanks heaps!:)
Title: Re: Legal Studies Question Thread
Post by: SSSS on October 27, 2017, 04:29:26 pm
Hey, how do measures promote peace and resolve conflicts (world order)? Thanks!!
Title: Re: Legal Studies Question Thread
Post by: mylinh-nguyen on October 27, 2017, 10:56:33 pm
do you think this point in the syllabus could be asked for the crime response 'examine the reporting and investigating of crime' I feel like there's not much to write for the reporting part
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2017, 12:35:44 am
Hey! Just a few questions:
 I wasn wondering if we had to know domestic measures/instruments with relation to the development of peace rights? All my notes are focused on international stuff!

You should be alright with just international ;D

Quote
Also how would I talk about state sovereignty actually promoting human rights, as opposed to enforcing them?

That's a tough one, but you could say that state sovereignty allows nation states to support programs that promote human rights - Including UN initiatives? :)

Quote
And with regard to the enforcing' of human rights can we say that the ICC enforces human rights through the sentences (for cases involved with human rights violations) it imposes or is this just promoting them because it establishes an international legal precedent?
Thanks heaps!:)

You could say it does both! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2017, 12:39:26 am
Hey, how do measures promote peace and resolve conflicts (world order)? Thanks!!

Take a look at some contemporary examples (EG - North Korea) and examine how things like the UNSC, UNGA, IGO's (etc) try to diffuse those world order situations. Essentially any 'response' to a world order issue is designed to resolve some sort of conflict, and thus promote peace ;D

do you think this point in the syllabus could be asked for the crime response 'examine the reporting and investigating of crime' I feel like there's not much to write for the reporting part

The criminal investigation process as a whole is definitely fair game for an essay question, but they won't ask just on reporting. That said, the percentage of crimes reported is definitely a good thing to discuss (indicative of the accessibility of the justice system) ;D
Title: Re: Legal Studies Question Thread
Post by: Evil.Morty on October 28, 2017, 02:04:48 am
Hi guys,

can anyone please clear up for me the current bail laws, im finding it all very confusing.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2017, 02:20:55 am
Hi guys,

can anyone please clear up for me the current bail laws, im finding it all very confusing.

Hey! Essentially the old ideas of 'presumptions' for and against bail is now gone. It is replaced by a test of risk - Does releasing the offender until their trial pose an unacceptable risk to the community? Presumption against bail does still exist in a form called the show cause test, which is only for some crimes.

This diagram explains it nicely:

(https://i.imgur.com/al0iepy.png)
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 28, 2017, 07:02:33 am
You should be alright with just international ;D

That's a tough one, but you could say that state sovereignty allows nation states to support programs that promote human rights - Including UN initiatives? :)

You could say it does both! :)
Thanks a lot! :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 28, 2017, 12:55:32 pm
Can someone please explain to me why the answer for this question is C and not D? Because they aren't allowed to question the girls as they are under 18 and do not have their parents with them on the train?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2017, 01:42:35 pm
Can someone please explain to me why the answer for this question is C and not D? Because they aren't allowed to question the girls as they are under 18 and do not have their parents with them on the train?

The police asking questions isn't necessary a proper interrogation, so it isn't governed by the same rules! There is a bit of a distinction there and it is unlikely their answers would be permissible evidence, but asking them questions is definitely okay :)

On the other hand, Kim and Ashley can't be forced to go to the police station - They'd have to be arrested and they haven't committed an offence! :)
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 28, 2017, 01:55:05 pm
Hey does anyone have a case study for covert search warrants that call into question the right to privacy? Trying to prepare a law reform essay...
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 01:57:45 pm
The police asking questions isn't necessary a proper interrogation, so it isn't governed by the same rules! There is a bit of a distinction there and it is unlikely their answers would be permissible evidence, but asking them questions is definitely okay :)

On the other hand, Kim and Ashley can't be forced to go to the police station - They'd have to be arrested and they haven't committed an offence! :)

I'm just gonna continue off on what Jamon wrote but basically, to arrest someone, the police need to have a legitimate reason. The girls only have the spray paint cans, which they haven't done anything with yet. And I believe the police are assuming that they'll go spray some graffiti, but even then, that's not a real reason to arrest them since the action hasn't been committed yet.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 28, 2017, 02:21:22 pm
The police asking questions isn't necessary a proper interrogation, so it isn't governed by the same rules! There is a bit of a distinction there and it is unlikely their answers would be permissible evidence, but asking them questions is definitely okay :)

On the other hand, Kim and Ashley can't be forced to go to the police station - They'd have to be arrested and they haven't committed an offence! :)


I'm just gonna continue off on what Jamon wrote but basically, to arrest someone, the police need to have a legitimate reason. The girls only have the spray paint cans, which they haven't done anything with yet. And I believe the police are assuming that they'll go spray some graffiti, but even then, that's not a real reason to arrest them since the action hasn't been committed yet.

Ahh I see, thank you both for clearing that up!
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 28, 2017, 03:47:59 pm
Someone please help!!
In what circumstances do police need a warrant for an arrest?
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 04:00:46 pm
Someone please help!!
In what circumstances do police need a warrant for an arrest?

Arrest warrants are given to the police to arrest a person when the court has been convinced that there is evidence that an offence may have been committed by a suspect. Police need to provide legitimate reason for the purpose of the arrest, and the purpose has to be on reasonable grounds. Despite this, police can also arrest a person without a warrant if they believe on reasonable grounds that a person has committed, is about to commit, or was caught committing a crime.

Hopefully this helps! Maybe other people can contribute further to my response haha
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 28, 2017, 04:22:32 pm
Arrest warrants are given to the police to arrest a person when the court has been convinced that there is evidence that an offence may have been committed by a suspect. Police need to provide legitimate reason for the purpose of the arrest, and the purpose has to be on reasonable grounds. Despite this, police can also arrest a person without a warrant if they believe on reasonable grounds that a person has committed, is about to commit, or was caught committing a crime.

Hopefully this helps! Maybe other people can contribute further to my response haha

That's great thank you!!! :D
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 28, 2017, 04:25:10 pm
Can someone please explain why it's B and not C?!?! I understand laws need to be known but seems overly subjective to me? This is 2010 HSC so not sure if it's old syllabus.

Also, are environmental rights collective rights? Also comes up in multiple choice with self-determination which is the obvious answer, but I thought the right to a safe and comfortable environment is a collective right for society?

Post merge! :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 28, 2017, 04:38:17 pm
Can someone please explain why it's B and not C?!?! I understand laws need to be known but seems overly subjective to me? This is 2010 HSC so not sure if it's old syllabus.

Also, are environmental rights collective rights? Also comes up in multiple choice with self-determination which is the obvious answer, but I thought the right to a safe and comfortable environment is a collective right for society?

Old syllabus!! And yep, environmental are a collective right ;D
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 28, 2017, 05:48:11 pm
Hey does anyone have a case study for covert search warrants that call into question the right to privacy? Trying to prepare a law reform essay...

Anyone?
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on October 28, 2017, 07:58:53 pm
Hello, i'm pretty sure A is the correct answer. But apaprently its B? Might be an error? or is a) wrong?
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 08:22:38 pm
Hello, i'm pretty sure A is the correct answer. But apaprently its B? Might be an error? or is a) wrong?

Hi there! I believe there are other complete defences that, if successful, also result in an acquittal. Examples include self-defence, automatism, and compulsion (necessity, duress), so that's why (A) is the incorrect answer.
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 08:24:40 pm
Hey guys! I was looking through my Family Law notes and I had two legislation written down: Family Law Act 1975 and Family Law Act 2009
Does anyone know if the 2009 one replace the 1975 one, or are both simultaneously still regulating family law?
Title: Re: Legal Studies Question Thread
Post by: littleshreep on October 28, 2017, 08:25:25 pm
This has always tripped me up but for Australia, does ratifying a treaty make it enforceable? I know that when incorporated into domestic legislation a treaty is enforceable, I'm just unsure if that is what ratifying means or if ratifying is only a declaration of support for the treaty

Apologies if I'm incorrect, but I'm pretty sure ratification refers to a nation signing a treaty, however it is only a signature of their agreement to be bound by the obligations of what is stated in the treaty. In addition to this step, they need to enact this international legislation within their own domestic laws. So the process of incorporating international legislation into domestic is a two-step process: ratify, and enact.
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on October 28, 2017, 08:26:24 pm
Hi there! I believe there are other complete defences that, if successful, also result in an acquittal. Examples include self-defence, automatism, and compulsion (necessity, duress), so that's why (A) is the incorrect answer.

Then what about B? Does the actions of the victim actually influence the mental illness defence? Whether the victim provokes the offender who has mental illness or not, they should still be able to claim mental illness?
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on October 28, 2017, 08:27:44 pm
Hey guys! I was looking through my Family Law notes and I had two legislation written down: Family Law Act 1975 and Family Law Act 2009
Does anyone know if the 2009 one replace the 1975 one, or are both simultaneously still regulating family law?

I'm pretty sure its the Family Law Act 1975 for family law. The 2009 thing might be something separate for de facto relationships?
Title: Re: Legal Studies Question Thread
Post by: littleshreep on October 28, 2017, 08:30:32 pm
Hey guys! I was looking through my Family Law notes and I had two legislation written down: Family Law Act 1975 and Family Law Act 2009
Does anyone know if the 2009 one replace the 1975 one, or are both simultaneously still regulating family law?

Is the 2009 you're referring to an amendment? Because if so, it would still be considered the Familty Law Act 1975, just that amendment in 2009 is incorporated within the original Act. But for reference in essays regarding law reform, you would refer to the amendment specifically and what ameliorations are within it. If it's not an amendment actually saying Family Law (Whatever Amendment) Act 2009, then it would be a separate Act.
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 08:31:23 pm
I'm pretty sure its the Family Law Act 1975 for family law. The 2009 thing might be something separate for de facto relationships?

I think it was!! I just checked online and in 2009, they reformed the Family Law Act to include de facto relationships in property disputes as well that were originally only for married couples.
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 08:31:59 pm
Is the 2009 you're referring to an amendment? Because if so, it would still be considered the Familty Law Act 1975, just that amendment in 2009 is incorporated within the original Act. But for reference in essays regarding law reform, you would refer to the amendment specifically and what ameliorations are within it. If it's not an amendment actually saying Family Law (Whatever Amendment) Act 2009, then it would be a separate Act.

Yep ahah I just found out that it was an amendment, not a whole new Act. Thank you so much (:
Title: Re: Legal Studies Question Thread
Post by: rodero on October 28, 2017, 10:04:20 pm

Hello, i'm pretty sure A is the correct answer. But apaprently its B? Might be an error? or is a) wrong?

If anything I'd say C is the correct answer. The onus is shifted from the prosecution having to prove that the accused commit the murder, to the accused having to prove that they were affected by mental illness.
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on October 28, 2017, 10:45:13 pm
If anything I'd say C is the correct answer. The onus is shifted from the prosecution having to prove that the accused commit the murder, to the accused having to prove that they were affected by mental illness.

I agree with this too! I feel like the "correct" answer can apply to other defences too, not only the defence of mental illness.
Title: Re: Legal Studies Question Thread
Post by: Evil.Morty on October 28, 2017, 11:50:17 pm
Hey guys,

any predictions for the options questions this year, in particular family or workplace?
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on October 29, 2017, 12:38:27 am
Shelter ppl - what can i say for compliance in this option?

Thanks
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 29, 2017, 08:19:17 am
Hey guys,

any predictions for the options questions this year, in particular family or workplace?

Didn’t do workplace, but have been through family and have noticed they haven’t specifically asked questions on
- care and protection of children
- adoption
- courts and dispute resolutions
- compliance and non compliance
- changing nature of parental responsibility

Sooo could be one of those :) I’ve heard lots say compliance and non compliance as a theme throughout all the options
Title: Re: Legal Studies Question Thread
Post by: KavyaR on October 29, 2017, 08:44:25 am
Hi! Do we have to know the specific articles that the civil & political rights and economic, social & cultural rights are stated in the UDHR??
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 29, 2017, 08:53:45 am
Can someone explain why the answer is C? I may have got it by elimination by don't really understand why C is the correct answer;

15. Which of the following statements is considered an argument against the passing of
an Australian Human Rights Act?

(A) It would require approval by the United Nations which is costly and time consuming.
(B) It is too difficult to pass as it needs a majority of voters in a majority of States.
(C) It transfers power from the legislature to unelected members of the judiciary.
(D) It would quickly become outdated.
Title: Re: Legal Studies Question Thread
Post by: KavyaR on October 29, 2017, 09:10:16 am
Hi! Do we have to know the following declarations (Human Rights)-- historic constitutional documents:
- The Declarations of Rights 1689 (UK)
- American Declarations of Independence 1776
- The French Declarations of Rights of Man and the Citizen 1789

Or is the Magna Carta (1215) just the main one we have to know??
Title: Re: Legal Studies Question Thread
Post by: rodero on October 29, 2017, 09:11:03 am
Can someone explain why the answer is C? I may have got it by elimination by don't really understand why C is the correct answer;

15. Which of the following statements is considered an argument against the passing of
an Australian Human Rights Act?

(A) It would require approval by the United Nations which is costly and time consuming.
(B) It is too difficult to pass as it needs a majority of voters in a majority of States.
(C) It transfers power from the legislature to unelected members of the judiciary.
(D) It would quickly become outdated.

Hey, I was only able to get it through elimination as well. My only guess would be that the judiciary interprets the act, and their decisions in court create common law. This would therefore take power away from the legislature, who are supposed to be the one's who create the law, not the judges.

That's my input, though I'm not too sure about it myself
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 29, 2017, 10:56:33 am
Shelter ppl - what can i say for compliance in this option?

Thanks

woah OH another shelter person! hey!

for compliance, the first thing that comes to mind is the Residential Tenancies Act 2010. this covers a lot pretty much everything in terms of renting, specifically tenants and landlords. rights for both parties are protected under this act, as are obligations of both parties, yada yada you get the gist. another one is the use of NCAT to resolve all disputes, because anything that is decided there is legally binding, thus making people compliant because no one wants to go against a legal decision! there's also the Rental Bond Board which requires the tenant to pay a certain amount of money at the beginning of their lease to the tenant, so the landlord can use it for repair. this encourages compliance because at the end of the lease, the tenant would want their money back (usually around 4 weeks rent) and therefore, wouldn't want to destroy the property.

in terms of contemporary issues, i can't think of anything at the moment - sorry! you can definitely pull stuff out of buying/selling properties though, just think of how the law protects the rights of both parties, encouraging no rights to be violated because then, they're breaking the law, and that isn't pretty, hahaha

hope this helps - all the best,
fantasticbeasts

Hi! Do we have to know the specific articles that the civil & political rights and economic, social & cultural rights are stated in the UDHR??

nooope, i don't think so. my teacher has always told our class it's not necessary to know them :-) if you feel better knowing them, then that's okay too!

Hi! Do we have to know the following declarations (Human Rights)-- historic constitutional documents:
- The Declarations of Rights 1689 (UK)
- American Declarations of Independence 1776
- The French Declarations of Rights of Man and the Citizen 1789

Or is the Magna Carta (1215) just the main one we have to know??

i have never heard of the actual act for the UK or french declaration of rights... so no, i don't think you do. just have a bit of historical context for the development of human rights, so you have enough to answer a question!

all the best,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: damecj on October 29, 2017, 12:37:23 pm
Hey,

I'm struggling with a nature of parental responsibility essay for Family Law. I'm unsure of the way I should be structuring it and what points to make.

Any help would be much appreciated,

Thanks!
Title: Re: Legal Studies Question Thread
Post by: mystermark on October 29, 2017, 03:40:19 pm
Hey everyone!
So my second option is consumers and i am just wanting some advice on paragraph structure and arguments and any lil tips! :) x
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 29, 2017, 04:25:08 pm
hey just wondering for world order if they would ask specifically about access to resources as a source of conflict. If so what could I talk about? I've got one brief thing on Darfur but not much else!
Thanks :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2017, 05:59:22 pm
Hey,

I'm struggling with a nature of parental responsibility essay for Family Law. I'm unsure of the way I should be structuring it and what points to make.

Any help would be much appreciated,

Thanks!

These summary sheets have the evidence I would use in that sort of essay ;D

Hey everyone!
So my second option is consumers and i am just wanting some advice on paragraph structure and arguments and any lil tips! :) x

This guide will help you establish a strong argument ;D

hey just wondering for world order if they would ask specifically about access to resources as a source of conflict. If so what could I talk about? I've got one brief thing on Darfur but not much else!
Thanks :D

I highly doubt that would come up, and if it did you could pick the other question - I wouldn't worry ;D
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 29, 2017, 06:37:03 pm
Hey guys!

I was wondering if the Supreme Court can hear criminal appeals from the District Court, or does it go straight to the Criminal Court of Appeal?

Thanks :D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2017, 08:02:18 pm
Hey guys!

I was wondering if the Supreme Court can hear criminal appeals from the District Court, or does it go straight to the Criminal Court of Appeal?

Thanks :D

The Court of Criminal Appeal is part of the NSW Supreme Court, the part that hears appeals, so anything appealed from a District or Supreme court ruling goes straight there ;D
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 29, 2017, 08:10:31 pm
hey! whats a peremptory challenge?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2017, 08:17:29 pm
hey! whats a peremptory challenge?

Hey! It is when the legal representation for the defence or the prosecution rejects a juror during selection, without giving a reason. They only get a certain number of these, but I forget how many :P
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 29, 2017, 08:52:07 pm
The Court of Criminal Appeal is part of the NSW Supreme Court, the part that hears appeals, so anything appealed from a District or Supreme court ruling goes straight there ;D

Thank you so much!
Something else silly that keeps confusing me - what's the difference between a summons and an indictment?
Thanks!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 29, 2017, 09:01:21 pm
Thank you so much!
Something else silly that keeps confusing me - what's the difference between a summons and an indictment?
Thanks!

Summons is where you are required to stand before the court and indictment is where a person is formally charged with an offence, hopefully it's right
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 29, 2017, 09:35:55 pm
hey again!
so im drafting my crime essay based on prevention being more effective than punishment, so the first syllabus dotpoint, but im missing the link with international documents, are you guys aware of any particular articles that may be relevant? thankyou
Title: Re: Legal Studies Question Thread
Post by: jayraval on October 29, 2017, 09:46:40 pm
Hey guys!
So for my option topics, I have family and workplace. Do you think I would be okay if I understood my theory and memorised my lists of evidence for contemporary issues ONLY, and then practiced only contemporary issues essays in the hope that they ask about contemporary issues or have a question where I can use the evidence I have learnt from contemporary issues? I have gone through every HSC paper since 2012 and I have been able to use my contemporary issues evidence, so will that be okay? Or would you recommend going through each and every dotpoint of my option topics and learning evidence for each and every dotpoint?

Thankyou!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 29, 2017, 09:51:50 pm
Hey guys!
So for my option topics, I have family and workplace. Do you think I would be okay if I understood my theory and memorised my lists of evidence for contemporary issues ONLY, and then practiced only contemporary issues essays in the hope that they ask about contemporary issues or have a question where I can use the evidence I have learnt from contemporary issues? I have gone through every HSC paper since 2012 and I have been able to use my contemporary issues evidence, so will that be okay? Or would you recommend going through each and every dotpoint of my option topics and learning evidence for each and every dotpoint?

Thankyou!

My teacher said, that they usually ask one general question from the themes and challenges, and a specific one relating to the contemporary issue. Personally, I've found that using a contemporary issue works well with any general questions, so relying on a contemporary issue for your essay shouldn't be a problem.
However, do try and know the themes and challenges :)
Title: Re: Legal Studies Question Thread
Post by: jayraval on October 29, 2017, 10:13:48 pm
My teacher said, that they usually ask one general question from the themes and challenges, and a specific one relating to the contemporary issue. Personally, I've found that using a contemporary issue works well with any general questions, so relying on a contemporary issue for your essay shouldn't be a problem.
However, do try and know the themes and challenges :)

Okay thankyou so so much!
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 29, 2017, 10:39:44 pm
hey again!
so im drafting my crime essay based on prevention being more effective than punishment, so the first syllabus dotpoint, but im missing the link with international documents, are you guys aware of any particular articles that may be relevant? thankyou

You could perhaps link in to the ICCPR somehow, or maybe you could address young offenders specifically and say prevention is the best way of upholding rights within CROC?
Title: Re: Legal Studies Question Thread
Post by: Noorijaz on October 30, 2017, 02:39:17 am
hi

can you provide advice on how to cram legal?
i tend to be able to waffle a lot and thats how i get a rough mark of 80 with little study.
please provide advice, considering i have chem exam as well

thanks
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on October 30, 2017, 09:37:25 am
Hey guys

If I were writing a body paragraph about police powers and their increasing powers against protesting, could I say that it's against Australia's obligation of the ICCPR A19 on freedom of expression?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 09:55:57 am
hi

can you provide advice on how to cram legal?
i tend to be able to waffle a lot and thats how i get a rough mark of 80 with little study.
please provide advice, considering i have chem exam as well

thanks

- if you can, print out a new set of notes and highlight them again. you're under pressure, so you actually read the notes and absorb the content.
- essay plans! i can't tell you how many times these have saved me throughout the year when cramming. you're more likely to remember syllabus points and other content related things!
- teaching other people. get your friends on a group chat, and just test each other. you can even be online here to answer other people's questions :-)

hope this helps,
fantasticbeasts

Hey guys

If I were writing a body paragraph about police powers and their increasing powers against protesting, could I say that it's against Australia's obligation of the ICCPR A19 on freedom of expression?

hi!

personally, i wouldn't say it's against ICCPR, but instead, limits people's rights on freedom of expression, only because people can still protest!

all the best,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 30, 2017, 10:59:21 am
Hey! Is the UN High Commissioner for Refugees considered a non legal response for the contemporary issue of Asylum seekers? Thanks:)
Title: Re: Legal Studies Question Thread
Post by: rodero on October 30, 2017, 11:12:14 am

Hey! Is the UN High Commissioner for Refugees considered a non legal response for the contemporary issue of Asylum seekers? Thanks:)

I believe that is the administrative body of the UN Secretariat. Since this is a branch of the UN, it would be a legal measure
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 30, 2017, 11:19:13 am
How are you guys going in prepping for Legal? All I'm doing is basically writing practice essays for possible questions that may be asked, improving my understanding of HR and Crime :)
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 11:52:34 am
How are you guys going in prepping for Legal? All I'm doing is basically writing practice essays for possible questions that may be asked, improving my understanding of HR and Crime :)

MC is my weakest section, so i've been doing heaps of MC questions over the past 2 days :-) once i feel a bit more confident, i'm going to do some essays!

all the best,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on October 30, 2017, 12:03:58 pm
Hi.  :) If there were a question on the juries, could you mention the issues of peremptory challenge and how it reduces the public trust in the legal system which causes lower rates of crime reporting. Or is that a bit off-topic?

Also, what points could I talk about if there were a Crime question on "Nature of Crime"?
Thanks
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 12:39:15 pm
Hi.  :) If there were a question on the juries, could you mention the issues of peremptory challenge and how it reduces the public trust in the legal system which causes lower rates of crime reporting. Or is that a bit off-topic?

Also, what points could I talk about if there were a Crime question on "Nature of Crime"?
Thanks

hello! if there is a question asked about juries, it would probably be about evaluating the role of the jury in the criminal trial, so that would work :-)

as for nature of crime... i have no clue. all the "students learn to" points are lower-order verbs, so i highly doubt you'd be asked an essay question on that.

all the best,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 30, 2017, 01:18:18 pm
MC is my weakest section, so i've been doing heaps of MC questions over the past 2 days :-) once i feel a bit more confident, i'm going to do some essays!

all the best,
fantasticbeasts

Good planning! I think focusing on what you're struggling the most is a good way of preparing for the exam. I'm the opposite, I do pretty well in MC, however the essays completely stuff me up!
Title: Re: Legal Studies Question Thread
Post by: oliviamarie on October 30, 2017, 03:11:05 pm
In a law reform essay to what extent is arguing that introduction of new legislations effective? I'm finding I can go into way more detail in this way rather than just acts that have had amendments. Let me know what you think!
Title: Re: Legal Studies Question Thread
Post by: damecj on October 30, 2017, 03:24:33 pm
Hey sorry,

Another question quickly... How would I structure an alternative family arrangements essay?

I know I would talk about De Facto and Same-Sex relationships but is there anything else I should throw in?
Title: Re: Legal Studies Question Thread
Post by: caitlinjovanovska on October 30, 2017, 03:58:55 pm
Considering the crime question for the past 2 years has been on young offenders and international crime, would it be ok to just briefly study those two areas of the syllabus instead of in-depth like the other areas? Like would it be worth writing essay plans or just stick to law reform/sentencing and punishment?

Thank you!
Title: Re: Legal Studies Question Thread
Post by: rodero on October 30, 2017, 04:11:04 pm
Hey guys,
For Human Rights there is a dot point for the role of courts, tribunals and independent. I get that the courts covers the ICJ, ICC and ECtHR, while the tribunals cover all the cases prior to the ICC's establishment. However, I've got no clue as to what 'independent' means? The Cambridge textbooks seems to skip it entirely. At first I thought that the Human Rights Committee was an example, but I've seen many notes online and in the ATARNotes book and they seem to class the HRC as a statutory authority instead, which is a different dot point. Any help as to what 'independent' means in the syllabus would be great.
Thanks :)

EDIT: I've referenced my Legal Excel book for this first time this year   :o Anyway, it merges independent and statutory authorities into one heading, which just adds to the confusion. If they're the same thing then why are they classed under different dot points?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 04:35:10 pm
Considering the crime question for the past 2 years has been on young offenders and international crime, would it be ok to just briefly study those two areas of the syllabus instead of in-depth like the other areas? Like would it be worth writing essay plans or just stick to law reform/sentencing and punishment?

Thank you!

study everything in case :-) write out essay plans for as many things as possible, because there's been quite a few curveballs thrown around in other subjects.

all the best!

Hey guys,
For Human Rights there is a dot point for the role of courts, tribunals and independent. I get that the courts covers the ICJ, ICC and ECtHR, while the tribunals cover all the cases prior to the ICC's establishment. However, I've got no clue as to what 'independent' means? The Cambridge textbooks seems to skip it entirely. At first I thought that the Human Rights Committee was an example, but I've seen many notes online and in the ATARNotes book and they seem to class the HRC as a statutory authority instead, which is a different dot point. Any help as to what 'independent' means in the syllabus would be great.
Thanks :)

EDIT: I've referenced my Legal Excel book for this first time this year   :o Anyway, it merges independent and statutory authorities into one heading, which just adds to the confusion. If they're the same thing then why are they classed under different dot points?

honestly, i have no clue what 'independent' is either... i just have the Human Rights Committee for that part? does anyone else have input on this hahahaha kinda getting worried now
Title: Re: Legal Studies Question Thread
Post by: caitlinjovanovska on October 30, 2017, 05:05:20 pm
For a question like 'to what extent does the law balance the rights of victims, offenders and society in the criminal trial process', what would you talk about for the victim? There's victim's rights and VIS etc but they are part of sentencing?
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 30, 2017, 05:45:07 pm
For a question like 'to what extent does the law balance the rights of victims, offenders and society in the criminal trial process', what would you talk about for the victim? There's victim's rights and VIS etc but they are part of sentencing?

you could mention charge negotiation in regards to the victim, but double check with one of the mods
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 30, 2017, 05:46:20 pm
study everything in case :-) write out essay plans for as many things as possible, because there's been quite a few curveballs thrown around in other subjects.

all the best!

honestly, i have no clue what 'independent' is either... i just have the Human Rights Committee for that part? does anyone else have input on this hahahaha kinda getting worried now
Hey I'm pretty sure it's a typo! I think it's supposed to be independent statutory authorities
Title: Re: Legal Studies Question Thread
Post by: rodero on October 30, 2017, 05:56:30 pm
For a question like 'to what extent does the law balance the rights of victims, offenders and society in the criminal trial process', what would you talk about for the victim? There's victim's rights and VIS etc but they are part of sentencing?

Charge negotiation like Korrasami said. Most importantly R v Loveridge -> Lesser sentence means justice is not served to the victim.

The previous ease at which accused people could claim the provocation defence. Aka in R v Singh, he was successful in arguing provocation following the murder of his wife over a dispute in their relationship. You could then mention how subsequent amendments to the Provocation Act have attempted to better uphold the rights of the victim
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 30, 2017, 06:27:41 pm
For serious offences such as murder committed by children - what court are these held in, as Children's court is only for summary offences correct?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 06:37:16 pm
For serious offences such as murder committed by children - what court are these held in, as Children's court is only for summary offences correct?

if i'm not mistaken, it's the supreme court, because from memory, children are tried as adults when they commit a serious offence like murder, manslaughter, etc. someone correct me if i'm wrong!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 30, 2017, 06:46:42 pm
if i'm not mistaken, it's the supreme court, because from memory, children are tried as adults when they commit a serious offence like murder, manslaughter, etc. someone correct me if i'm wrong!
Yupp that's what I was able to find my self thank you! Also a silly question but does the High Court only hear appeals from lower court cases (appelate jurisdiction), or do they have cases of their own as well?
Title: Re: Legal Studies Question Thread
Post by: toasted on October 30, 2017, 07:16:49 pm
Hey guys!

In an essay about sentencing and punishment, if I were to talk about restorative justice and circle sentencing, could I also add in stuff about youth justice conferencing because they're very similar in a sense. But I understand that it's not explicitly in the syllabus under sentencing and punishment.
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 07:30:31 pm
Yupp that's what I was able to find my self thank you! Also a silly question but does the High Court only hear appeals from lower court cases (appellate jurisdiction), or do they have cases of their own as well?

apparently the High Court can have cases that start there? this is from the High Court website: "The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself." link here

Hey guys!

In an essay about sentencing and punishment, if I were to talk about restorative justice and circle sentencing, could I also add in stuff about youth justice conferencing because they're very similar in a sense. But I understand that it's not explicitly in the syllabus under sentencing and punishment.

hmm i think you could, because youth justice conferencing is part of sentencing and punishment (not the syllabus, but the whole process). should wait for clarification from one of the mods though!
Title: Re: Legal Studies Question Thread
Post by: rodero on October 30, 2017, 07:46:50 pm
Yupp that's what I was able to find my self thank you! Also a silly question but does the High Court only hear appeals from lower court cases (appelate jurisdiction), or do they have cases of their own as well?

The High Court has original jurisdiction to hear cases that concern the interpretation of the Constitution
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 30, 2017, 07:50:17 pm
MC is my weakest section, so i've been doing heaps of MC questions over the past 2 days :-) once i feel a bit more confident, i'm going to do some essays!

all the best,
fantasticbeasts

Do you know any other places other than ACEHSC and hsc past papers that have mc?
Title: Re: Legal Studies Question Thread
Post by: emilybrooks99 on October 30, 2017, 08:09:13 pm
Has anyone got any predictions for the crime mini essay, the family essay/s and the world order essay/s?
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 30, 2017, 08:21:28 pm
What are the differences between restorative justice and youth justice conferencing?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 30, 2017, 08:25:31 pm
Do you know any other places other than ACEHSC and hsc past papers that have mc?

no, sorry :-( i got emailed random trial papers from my teacher, but i'm not exactly sure if it's legal to have them ahaha

What are the differences between restorative justice and youth justice conferencing?

i don't think there's any... in my notes, i've written that youth justice conferencing is referred to as restorative justice. anyone else have input on this?
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on October 30, 2017, 08:37:20 pm
Guys massive favour,

Do u guys mind posting unusual/weird stuff that usually catches ppl off guard in mcq (me in every legal exam for mcq). Like for example specific things about courts or that judicial guideline thing from last yr.

It'll be a massive help and will assist big time in not being thrown by mcqs which specifiy miniscule parts of the course.

Thanks!!
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 30, 2017, 08:38:27 pm
Do you know any other places other than ACEHSC and hsc past papers that have mc?
THSC have some!! (although some there are on ACEHSC as well).
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 30, 2017, 08:43:38 pm
THSC have some!! (although some there are on ACEHSC as well).

Thankyou<3
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 30, 2017, 09:06:35 pm
What are the main domestic measures for dealing with transnational crime?
Title: Re: Legal Studies Question Thread
Post by: rodero on October 30, 2017, 09:13:44 pm
Does anyone have a structure for answering an adoption essay question ? Thanks
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 30, 2017, 09:23:25 pm
hey
how do australian tribunals protect human rights?
Title: Re: Legal Studies Question Thread
Post by: austv99 on October 30, 2017, 09:47:10 pm
Hi,
I'm really struggling to put together an essay plan and finding LCMs for technology as a contemporary issues in consumer option topic. If people have any to share, it would be very much appreciated. Also, notes for tribunals in consumer would be appreciated as well.

TIA
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 30, 2017, 10:03:34 pm
What are the main domestic measures for dealing with transnational crime?

Jamon compiled a list of LCMIDs for international crime here https://atarnotes.com/forum/index.php?topic=161174.0 , which included the Australian Federal Police Act 1919 (Cth) and the Treaty on Extradition Between Australia and the United States (1974), which you can find more about by clicking on that link :) Australian Crime Commission and Australian Federal Police in General also are domestic measures you could use. Have a look at the 2015 marking guidelines also which list some domestic legislation https://www.boardofstudies.nsw.edu.au/hsc_exams/2015/guides/2015-hsc-mg-legal-studies.pdf

Does anyone have a structure for answering an adoption essay question ? Thanks

I usually do three LONG paragraphs for options so I would probably do

- the adoption process/it’s problems/right of the child and parents
- overseas adoption
- adoption by same sex couples

hey
how do australian tribunals protect human rights?

The Australian human rights committee is probably the most notable Australian tribunal in protecting hr, so I included their aim and mission in the spoiler below straight from humanrights.gov.au
Spoiler
2.5 How does the Australian Human Rights Commission protect and promote human rights?
(a) What is the Commission’s vision and mission?
The Australian Human Rights Commission is Australia’s national human rights institution. We have important responsibilities to promote and protect human rights. This is outlined in our new vision and mission. Click here to see the Commission’s Strategic Plan for 2008-2011.

Our vision:

Human rights: everyone, everywhere, everyday

Our mission:

Leading the promotion and protection of human rights in Australia by:

• making human rights values part of everyday life and language;
• empowering all people to understand and exercise their human rights;
• working with individuals, community, business and government to inspire action;
• keeping government accountable to national and international human rights standards;
• securing an Australian Human Rights Act.
We do this by:

• listening, learning, communicating and educating;
• being open, expert, committed and impartial;
• fostering a collaborative, diverse, flexible, respectful and innovative workplace.
Our strategic goals:

To achieve our vision and mission we will integrate the following five strategic goals into our work:

1. Leadership: We exercise a leadership role in human rights in Australia by being visible, courageous and influential on human rights issues.
2. Empowerment: We support and inspire others to engage in meaningful activity on human rights.
3. Education: We assist all people in Australia to understand and exercise their rights and to respect the rights of others.
4. Monitoring: We hold individuals, organisations and government responsible for their human rights obligations.
5. Innovation: We have a collaborative, innovative and supportive work culture that enhances the quality and impact of our work.
For more information about the Australian Human Rights Commission, click here.

(b) What does the Australian Human Rights Commission do?
The Commission was established in 1986 under the Human Rights and Equal Opportunity Commission Act. Under that legislation, the Commission’s statutory responsibilities include:
• education and public awareness
• discrimination and human rights complaints
• human rights compliance
• policy and legislative development.
We do this through:
• handling complaints of discrimination or breaches of human rights under federal laws
• holding public inquiries into human rights issues of national importance
• developing human rights resources and education materials for schools, the media, workplaces and the community
• providing independent legal advice to assist courts in cases that involve human rights principles
• providing advice and submissions to parliaments and governments to develop laws, policies and programs
• undertaking and coordinating research into human rights and discrimination issues.

Hi,
I'm really struggling to put together an essay plan and finding LCMs for technology as a contemporary issues in consumer option topic. If people have any to share, it would be very much appreciated. Also, notes for tribunals in consumer would be appreciated as well.

TIA

Sorry but I don’t do consumers. Just thought I’d add you in to this also so it didn’t look like I was ignoring you hahaha!! Other people do though and I’m sure they will come to your rescue very soooon
Title: Re: Legal Studies Question Thread
Post by: austv99 on October 30, 2017, 10:45:56 pm
I've realised that in the option topics the style of questions have been relatively the same, offerring a broad and a specfic question, especially in family and consumer. However, in 2015, the questions were rather specific such that if I were in that exam I would not be able to write a complete essay. Do you reckon they will continue with the same style of questions into this year as they recently did again last year?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 30, 2017, 11:07:03 pm
I've realised that in the option topics the style of questions have been relatively the same, offerring a broad and a specfic question, especially in family and consumer. However, in 2015, the questions were rather specific such that if I were in that exam I would not be able to write a complete essay. Do you reckon they will continue with the same style of questions into this year as they recently did again last year?

I think they’ll do broad and specific again, but honestly, you never know what could happen so definitely prepare for both. Try find some LCMIDs that cover a whole range of topics so you’re safe!
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 30, 2017, 11:18:15 pm
any predictions for the consumer law essay?
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 31, 2017, 07:59:11 am
hey
any predictions for consumer law essay?
Title: Re: Legal Studies Question Thread
Post by: marcusgrahamm on October 31, 2017, 09:28:20 am
I was wondering what three areas you guys feel are the best to discuss in a crime law reform question i.e bail, provocation, LEPRA etc. ??
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 31, 2017, 09:46:18 am
I was wondering what three areas you guys feel are the best to discuss in a crime law reform question i.e bail, provocation, LEPRA etc. ??
hey! in my law reform essay which i got 14/15 (lacked international treaties), i spoke about the criminal code act 1987, which was amended to change the way evidence was obtained in court (division 3 of the act stated that evedence could only be issued IN court, and later, victim considerations were prioritised hence why courts now allow in camera obtaining of evidence so that its in private, and also allows for the use of visual recording and audio recording of evidence)  , particularly for sexual offence. in the same point about evidence you could also mention s26 of the crimes act 1900 which introduced the use of victim impact statements under s26 of the crimes (sentening and procedure act). i also wrote about juries, it was amended to change unanimous verdict to majority verdict (10/1, 11/1). also, the bail act which was reformed to eradicate the presumption of bail for sex offenders (common law-man monis "sydney siege 2014" [smh]), also, on a larger more ethical scale, you can write about the abolitionism of capital punishment with the death penalty abolition act1973 which essentially highlights arts 6 of ICCPR 'right to live'. you could also discuss the one punch rule, due to R v loveridge, in which a general deterrence was the demise of the life sentence to any offender who punches an individual on the head. one last point i have is the amendment of criminal code act 1999, to criminal code amendment (trafficking in persons) act 2005 which passed divisions 270 and 271 essentially to protect victims from sex trafficking, slavery, forced labour and also trade of human organs! good luck :)
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 31, 2017, 09:48:05 am
 
I was wondering what three areas you guys feel are the best to discuss in a crime law reform question i.e bail, provocation, LEPRA etc. ??
my bad, victim impact statements are under s26 of crimes sentencing procedure act 1999
Title: Re: Legal Studies Question Thread
Post by: sophiegmaher on October 31, 2017, 09:52:51 am
Hey! In the 2013 Human Rights short answer question "Explain how changing values have been reflected in the promotion and enforcement of ONE human rights issue" would it be okay to discuss a contemporary human rights issue such as Child Soldiers, or do you HAVE to relate to the abolition of slavery, etc? Like I feel like either would answer the question, because you can discuss how in each circumstance child soldiers and slavery were legal however they have been outlawed in recent years due to the changing values of our society.
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 31, 2017, 10:17:17 am
Hey guys!
For a question on compliance and non-compliance in the criminal justice system, what would be the best issues to discuss? I would talk about mandatory sentencing relative to deterrence, but would need 2 more topics.
Thanks :D
Title: Re: Legal Studies Question Thread
Post by: sophiegmaher on October 31, 2017, 10:23:21 am
Hey guys!
For a question on compliance and non-compliance in the criminal justice system, what would be the best issues to discuss? I would talk about mandatory sentencing relative to deterrence, but would need 2 more topics.
Thanks :D

Hey! I would personally discuss sentencing and punishment as you said, also relative to the penalties that rely on compliance like bonds, home detention as well as bail- here you could discuss the reforms in the Bail Act 2013 (NSW) to further encourage compliance, as well as remand which is used when bail is refused due to the offender's potential for non-compliance. I would also discuss international law, as I feel like this heavily relies on compliance of sovereign states to ratify and enact international instruments, where state sovereignty is a limitation to the international customary law that can be constructed. And then in each circumstance, I would discuss how non-compliance is punished by incapacitation or punishments in general. For me, I usually don't have enough time to do 3 topics so I like to do 2 topics in depth, so I feel like this could cover you in the 15 marker essay :) Hope that helps!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 31, 2017, 10:32:32 am
Any predictions for family option? They asked surrogacy and birth technologies last year...I bet is on care and protection. What do you guys think?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 10:49:31 am
Hey! In the 2013 Human Rights short answer question "Explain how changing values have been reflected in the promotion and enforcement of ONE human rights issue" would it be okay to discuss a contemporary human rights issue such as Child Soldiers, or do you HAVE to relate to the abolition of slavery, etc? Like I feel like either would answer the question, because you can discuss how in each circumstance child soldiers and slavery were legal however they have been outlawed in recent years due to the changing values of our society.

Pretty sure you do have to use one of the issues listed with abolition of slavery, universal suffrage etc. as the question does not specify a 'contemporary' issue

Any predictions for family option? They asked surrogacy and birth technologies last year...I bet is on care and protection. What do you guys think?

Yeah I was thinking that also, or the changing nature of parental responsibility or compliance and non compliance possibly
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 10:57:52 am
hey...
i was wondering how important are statistics in our essays?!
they do help to back up an argument, especially in an effectiveness or law reform essay, buuuut they are really hard to remember and just didnt know how necessary they were!?
tia.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 11:03:37 am
hey...
i was wondering how important are statistics in our essays?!
they do help to back up an argument, especially in an effectiveness or law reform essay, buuuut they are really hard to remember and just didnt know how necessary they were!?
tia.

They aren't essential, but they are extremely useful. If you have a hard time remembering them, round them up/down e.g. "nearly half of..." or "over 40,000..."
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 31, 2017, 11:04:18 am
hey...
i was wondering how important are statistics in our essays?!
they do help to back up an argument, especially in an effectiveness or law reform essay, buuuut they are really hard to remember and just didnt know how necessary they were!?
tia.
yeeeesssss have atleast 3 statistics to back up your claims, it is what diffrentiates  between a band 5 and 6
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 31, 2017, 11:05:49 am
hey
any predictions for consumer law essay?
Hey,
My teacher thought that technology or product certification could be asked, could be a compliance, non-compliance question as well.
Good luck for Thursday!  ;D
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 11:11:15 am
yeeeesssss have atleast 3 statistics to back up your claims, it is what diffrentiates  between a band 5 and 6
They aren't essential, but they are extremely useful. If you have a hard time remembering them, round them up/down e.g. "nearly half of..." or "over 40,000..."
thanks heaps justdoit and paigek3  ;D
i will do my best to try and remember, i've collected them now so i may as well use them ;)
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 11:16:57 am
Hey,
My teacher thought that technology or product certification could be asked, could be a compliance, non-compliance question as well.
Good luck for Thursday!  ;D
hey katie...
do you think they would ever only give you the option of both the essays being on one of the following:
• credit
• product certification
• marketing innovations
• technology
because i am a lot more confident with the themes and challenges and i feel as if i know VERY little from the above topics  ::)
thanks
Title: Re: Legal Studies Question Thread
Post by: damecj on October 31, 2017, 11:19:30 am
Hey,

For a straight conduct of hostilities question for WO, is it best to mention R2P as well? Sort of talk about how limitations of the Geneva convention and the barrier of state sovereignty led to R2P?

Any advice would be much appreciated :0
Title: Re: Legal Studies Question Thread
Post by: Evanthia G on October 31, 2017, 11:49:20 am
Any predictions for the Shelter and Consumers essay?  :)
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 31, 2017, 11:56:17 am
hey katie...
do you think they would ever only give you the option of both the essays being on one of the following:
• credit
• product certification
• marketing innovations
• technology
because i am a lot more confident with the themes and challenges and i feel as if i know VERY little from the above topics  ::)
thanks
Hey,
I don't think that they would have both essays specifically on a contemporary issues (credit, product certification, marketing innovations, technology). I think that they might have a question on 1 or 2 contemporary issues and another on a theme and challenge.  One specific question and another that is more broader. Although, I am not too sure.
So, I think it should be ok for you, however maybe try to know some contemporary issues (even just broadly) because you might be able to add them into a themes and challenges essay as well.

Heres an image of all the past questions from 2011-now for crime, the larger human rights question, family, and consumers with my classes predictions.
(https://i.imgur.com/a3AQZBT.png)

Hope this helps! Good luck for Thursday!  ;D
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 12:05:20 pm
Hey,
I don't think that they would have both essays specifically on a contemporary issues (credit, product certification, marketing innovations, technology). I think that they might have a question on 1 or 2 contemporary issues and another on a theme and challenge.  One specific question and another that is more broader. Although, I am not too sure.
So, I think it should be ok for you, however maybe try to know some contemporary issues (even just broadly) because you might be able to add them into a themes and challenges essay as well.

Heres an image of all the past questions from 2011-now for crime, the larger human rights question, family, and consumers with my classes predictions.
(https://i.imgur.com/a3AQZBT.png)

Hope this helps! Good luck for Thursday!  ;D
thanks sooo much for that katie  ;D ;D
i honestly feel as if we only focused on themes and challenges in class and kinda disregarded the contemporary issues majorly!!.. i only know marketing practices from business studies  ::)
that table really helps... tho its not 100% safe to go by predictions, but its good to know  ;D
Title: Re: Legal Studies Question Thread
Post by: daenyy on October 31, 2017, 12:58:02 pm
hey ya'll, if they asked for a law reform question regarding the criminal trial process, what paragraphs would you have? i've got paragraphs on partial defences and jury, but what's an idea for the third paragraph?
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 31, 2017, 12:58:59 pm
Hey everyone, how would I structure an essay about care and protection of children?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 01:05:56 pm
hey ya'll, if they asked for a law reform question regarding the criminal trial process, what paragraphs would you have? i've got paragraphs on partial defences and jury, but what's an idea for the third paragraph?

Maybe charge negotiation, as included in Section 35A of the Crimes (Sentencing Procedure) Amendment Act 2010

Hey everyone, how would I structure an essay about care and protection of children?

I have struggled a bit with this too, but thinking of doing
- FACS
- Amendments to legislation after Wood Inquiry
- The Media's role in bringing light to situations

But will be eager to hear other people's ideas!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 31, 2017, 01:08:16 pm
For R v Singh and defences in general - what legislation was provocation found in?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 01:11:09 pm
For R v Singh and defences in general - what legislation was provocation found in?

Crimes Amendment (Provocation) Act 2014 (NSW) was the act that introduced extreme provocation, now in Section 23 of the Crimes Act 1900 (NSW)

Should find other defences also there :)

Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 31, 2017, 01:25:06 pm
Maybe charge negotiation, as included in Section 35A of the Crimes (Sentencing Procedure) Amendment Act 2010

I have struggled a bit with this too, but thinking of doing
- FACS
- Amendments to legislation after Wood Inquiry
- The Media's role in bringing light to situations

But will be eager to hear other people's ideas!

I was thinking of putting the Wood inquiry on a paragraph about domestic violence against children
What about a paragraph on parental responsibility and legal consequences in separation involving children?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 01:28:23 pm
I was thinking of putting the Wood inquiry on a paragraph about domestic violence against children
What about a paragraph on parental responsibility and legal consequences in separation involving children?

Oo yeah that sounds good too. Make sure the key focus is on ensuring the best interest of the child is paramount including their safety
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 31, 2017, 01:57:00 pm
Crimes Amendment (Provocation) Act 2014 (NSW) was the act that introduced extreme provocation, now in Section 23 of the Crimes Act 1900 (NSW)

Should find other defences also there :)


You are a god send have all the respect points :)
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 02:52:36 pm
Does anyone have an essay structure for same-sex relationships? A brief outline as to what would be mentioned would help heaps. Thanks :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 02:59:27 pm
Does anyone have an essay structure for same-sex relationships? A brief outline as to what would be mentioned would help heaps. Thanks :)

My personal way of structuring a same-sex relationships essay is in sort of a timeline, so:

P1- de-criminalisation of homosexual sex
P2 - amendment to de facto definition
P3 - a look into the future, need for same sex marriage, plebicite
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 03:08:31 pm
My personal way of structuring a same-sex relationships essay is in sort of a timeline, so:

P1- de-criminalisation of homosexual sex
P2 - amendment to de facto definition
P3 - a look into the future, need for same sex marriage, plebicite

Cheers :)

EDIT Just wondering if you had any cases for these?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on October 31, 2017, 03:25:32 pm
Cheers :)

EDIT Just wondering if you had any cases for these?

Do indeed :)

Toonen v Australia 1991 - de-criminalisation of homosexual sex (or maybe this was Croome v Tasmania... check out both!)
Hyde v Hyde and Woodmansee 1866 - this is the case that established Australia’s definition of marriage pursuant to when it was introduced in 2004. Could include this in the last paragraph indicating how outdated the definition is
Title: Re: Legal Studies Question Thread
Post by: damecj on October 31, 2017, 03:32:19 pm
Hey,

For a straight conduct of hostilities question for WO, is it best to mention R2P as well? Sort of talk about how limitations of the Geneva convention and the barrier of state sovereignty led to R2P?

Any advice would be much appreciated :0
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 04:04:15 pm
Do indeed :)

Toonen v Australia 1991 - de-criminalisation of homosexual sex
Hyde v Hyde and Woodmansee 1866 - this is the case that established Australia’s definition of marriage pursuant to when it was introduced in 2004. Could include this in the last paragraph indicating how outdated the definition is


You're an absolute legend! Thank you so much
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 04:28:23 pm
what legislation is product certification covered in?
tia.
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 31, 2017, 04:40:19 pm
what legislation is product certification covered in?
tia.
I don't think there is a specific legislation but the ACCC enforces it under the Competition and Consumer Act 2010 (Clth).  Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ) and they monitor product safety.
Hope this helps!   :D
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 04:42:31 pm
I don't think there is a specific legislation but the ACCC enforces it under the Competition and Consumer Act 2010 (Clth).  Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ) and they monitor product safety.
Hope this helps!   :D
thats a huge help...
thanks so much again!
are the other contemporary issues similar
just tryna work on them now and realise how little i know!!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 31, 2017, 04:42:34 pm
Is anyone going through the same predicament in having Legal and Society on the same day? :(
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on October 31, 2017, 04:47:18 pm
Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.
Title: Re: Legal Studies Question Thread
Post by: georgiia on October 31, 2017, 04:48:57 pm
In an essay question asking "Explain how the law encourages cooperation and conflict resolution with regard to world order" does 'the law' mean strictly legal mechanisms or can I discuss how NGO's or IGO's or diplomatic pressure/persuasion are encouraging adherence to int. instruments and obligations of non-compliant nation dates and thus encouraging cooperation/conflict resolution?
Thanks :)
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on October 31, 2017, 05:14:54 pm
In an essay question asking "Explain how the law encourages cooperation and conflict resolution with regard to world order" does 'the law' mean strictly legal mechanisms or can I discuss how NGO's or IGO's or diplomatic pressure/persuasion are encouraging adherence to int. instruments and obligations of non-compliant nation dates and thus encouraging cooperation/conflict resolution?
Thanks :)

Hi there,

The easiest way to ensure that you are answering the question in those forms of questions is to at first state how the law is ineffective in achieving world order due to ( non compliance, lack of enforceability etc) and then state how non legal methods are a necessity to boost the performance and effectiveness of the law to achieve world order.

By doing it like this, you ensure that you are answering the question throughout the whole of your essay whilst showing the broad nature of your knowledge through reflecting how the law  aims to achieve X although doesn’t  due to X although can be better achieved through the media etc.

Hope that helps
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on October 31, 2017, 05:27:08 pm
thats a huge help...
thanks so much again!
are the other contemporary issues similar
just tryna work on them now and realise how little i know!!
Hey,
Thanks!  :)
The other contemporary issues are similar (you could probably use the Competition and Consumer act for them all as it is the main consumer law).

These are the legislation that I have:
Credit
Australian Securities and Investments Commission Act 2001 (Cth): Set up ASIC which prosecutes Credit issues and I think this was the first credit law.
National Consumer Credit Protection Act 2009 (Cth) (NCCP): This is the main legislation for credit. The main objectives are to create a single, uniform national credit law, regulate credit industry participants and to protect consumers/the economy by encouraging responsible lending. It applies to loans such as home loans, personal loans and credit cards. It includes mandatory licencing with ASIC, 48% interest cap and that they must be members of an ASIC approved External Dispute Resolution Scheme.
The National Credit Code (at Schedule 1 of the NCCP) (NCC): The NCC applies to loans given for predominantly personal, domestic or household purposes, including residential property investment.

Marketing Innovations
The Spam Act 2003 (Cth): civil offense to use address harvesting software to build distribution lists of recipients.
Competition and Consumer Act 2010 (Cth) & Fair Trading Act 1987 (NSW): address deceptive advertising and marketing practises.

Technology
Competition and Consumer Act 2010 (Clth): The ACCC can enforce/prosecute the consumer law domestically regarding technology.
Telecommunications Act 1997 (Cth): gives ACCC authority to administer the Rules of Conduct (contained in that act) governing dealings with international telecommunications operators.

Hope this helps! Good luck for Thursday!  ;D
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on October 31, 2017, 05:30:16 pm
Hey,
Thanks!  :)
The other contemporary issues are similar (you could probably use the Competition and Consumer act for them all as it is the main consumer law).

These are the legislation that I have:
Credit
Australian Securities and Investments Commission Act 2001 (Cth): Set up ASIC which prosecutes Credit issues and I think this was the first credit law.
National Consumer Credit Protection Act 2009 (Cth) (NCCP): This is the main legislation for credit. The main objectives are to create a single, uniform national credit law, regulate credit industry participants and to protect consumers/the economy by encouraging responsible lending. It applies to loans such as home loans, personal loans and credit cards. It includes mandatory licencing with ASIC, 48% interest cap and that they must be members of an ASIC approved External Dispute Resolution Scheme.
The National Credit Code (at Schedule 1 of the NCCP) (NCC): The NCC applies to loans given for predominantly personal, domestic or household purposes, including residential property investment.

Marketing Innovations
The Spam Act 2003 (Cth): civil offense to use address harvesting software to build distribution lists of recipients.
Competition and Consumer Act 2010 (Cth) & Fair Trading Act 1987 (NSW): address deceptive advertising and marketing practises.

Technology
Competition and Consumer Act 2010 (Clth): The ACCC can enforce/prosecute the consumer law domestically regarding technology.
Telecommunications Act 1997 (Cth): gives ACCC authority to administer the Rules of Conduct (contained in that act) governing dealings with international telecommunications operators.

Hope this helps! Good luck for Thursday!  ;D
oh my goodness katie... you are a life saver!!!!
that is soooo helpful... thank you SO MUCH!  ;D ;D

all the very very best on thursday... you definitely deserve to (and will) do amazing
Title: Re: Legal Studies Question Thread
Post by: damecj on October 31, 2017, 05:33:35 pm
Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.

ACARTH (MAIN NON-LEGAL)
•   Raise awareness of Human trafficking, its causes and the scope of local action
•   Ensure the rights and complex needs of people trafficked into Australia are met
•   Collaborate with like-minded organisations in Australia, the Asia Pacific region and globally to advocate for measures to address human trafficking
•   Build a sustainable future for ACARTH
Human Trafficking
•   Palermo protocol (MAIN LEGAL METHOD)
•   Human trafficking- Form of slavery (oppression of people)
•   Traffickers deceive the family
•   They forget who they are
•   February 8th- Day against Human Trafficking


Elements of Human Trafficking
Process
•   Recruiting
•   Harbouring
•   Moving
•   Obtaining

UNDHR
•   Article 4 & 5
Figures
•   Don’t know exact number
•   Between 2013-2014 63,251 victims were detected in 106 countries
•   More than 500 trafficking flaws have been detected
•   51 per cent of detected victims are adult women
•   28 per cent of detected victims are children, the majority of which are girls
•   63% of convicted traffickers are men and 37% are women
•   Average cost of human slave today is 90 USD (Free the Slaves)
•   150 billion USD/yr criminal activity (ILO, 2014)
•   An estimated two children per minute are trafficked for sexual exploitation (Stop the Traffik)
Media
•   http://www.abc.net.au/news/2016-05-19/victorian-man-jailed-for-sexually-abusing-surrogate-twins/7428720
•   http://newsinfo.inquirer.net/821641/new-human-trafficking-ploy-filipino-women-posing-as-boxers (Children Trafficking) Father was convicted jailed for 29 years
Australian Statistics
Australian Federal Police
July 2015- June 2016
•   received 169 new referrals relating to human trafficking and slavery matters taking the total to 691 since 2004
Of these referrals
•   41% related to forced marriage
•   23% related to sexual exploitation
•   21% related to other forms of labour exploitation
•   6% related to child trafficking
•   9% other types of exploitation

Methods
New clients on the Support for Trafficked People Program 1 July 2015- 30 June 2016. Australia has the most clients

International Protocols
CEDAW- Women
ILO Conventions- Both Genders, Migrant workers
Palermo Protocol

Tackling Trafficking
In 2003, 115 countries including Australia signed the ‘’Palermo’’ Trafficking Protocol that set out key legal obligations relating to trafficking.

These obligations include the following duties:
1.   Prevention
2.   Prosecution
3.   Protection
Prevention
•   Awareness raising
•   Campaigns
•   Policy making
Prevention/Prosecution
Government Response
•   Conduct Inquiries
•   Senate Standing Committee on Education and Employment- The impact of Australia’s temporary work visa programs on the Australian labour market.
Prosecution
•   Crimes Legislation Amendment
Protection
•   Visa Framework- Bridiging F Visa- Referred stay visa
•   Right to Remedy & Reparation
•   Support for Trafficked People Program
Title: Re: Legal Studies Question Thread
Post by: spetsnaz on October 31, 2017, 05:34:20 pm
Does anyone have legal and non-legal responses for Human Trafficking as a contemporary issue in Human Rights. I'm lost at the moment.
Legal:
-Criminal Code Amendment (Trafficking in Persons) Act 2005 defined human trafficking and slavery whilst also establishing the Federal Police Human Trafficking team
-Australia has also ratified the UDHR, ICCPR and ICESCR + the Protocol to Prevent, Suppress and punish trafficking in persons, especially women and Children
Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (The Slavery Act) made sure that even the broadest range of slavery/trafficking was criminalised
Non-legal:
-Un Global Initiative to Fight Human Trafficking - mobilised non-state actors through awareness and assistance to reduce trafficking/slavery
-Anti-slavery international is a UK based NGO which assists to reduce cross-border trafficking
-UTS students 'Anti-slavery project' 2004 aimed to eliminate modern slavery through collaboration with government agencies and community groups
-SBS aired 'trafficked' which was viewed by over 500K people and prompted compensation claims
Title: Re: Legal Studies Question Thread
Post by: georgiia on October 31, 2017, 05:51:42 pm
Hi there,

The easiest way to ensure that you are answering the question in those forms of questions is to at first state how the law is ineffective in achieving world order due to ( non compliance, lack of enforceability etc) and then state how non legal methods are a necessity to boost the performance and effectiveness of the law to achieve world order.

By doing it like this, you ensure that you are answering the question throughout the whole of your essay whilst showing the broad nature of your knowledge through reflecting how the law  aims to achieve X although doesn’t  due to X although can be better achieved through the media etc.

Hope that helps


Thank you! that really clarifies my question :)
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 31, 2017, 06:13:23 pm
can anyone help me??
i need international treaties or documents in relation to consumers pleaseee!
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on October 31, 2017, 06:27:49 pm
Do we have the right to legal aid? Is it not included in the constitution?
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 06:44:37 pm
Do we have the right to legal aid? Is it not included in the constitution?

It isn't mentioned in the Constitution. However, it is a limited right under common law. The case of R v Dietrich established that people have a limited right to legal aid, if there is potential for injustice to occur
Title: Re: Legal Studies Question Thread
Post by: _bm77 on October 31, 2017, 06:46:08 pm
Hi guys i have a few questions.

1. what does a generic family Law essay include? I am currently so confused as i have made essays for all the contemporary issues however i have not made one for the generic family essay.
With the generic family essay do i include contemporary issues or is it another part  of the syllabus?
2. How do i assess compliance and non compliance? do i use legal and non legal or the effectiveness criteria?
3.  Also With a family essay do i have to do legal and non-legal responses? because I am finding it hard to find non-legal responses for family essays?
4.  what does 'duress' mean?
5. what do i talk about in a generic consumer essay? do i pick points of the syllabus or...? (this is the same for family)

i am doing HSC btw
Also your atar legal studies book is very helful, great job!!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 31, 2017, 06:49:17 pm
Does anyone have any cases regarding safety for workplace, besides Zujis
Title: Re: Legal Studies Question Thread
Post by: justdoit on October 31, 2017, 06:53:23 pm
Hi guys i have a few questions.

1. what does a generic family Law essay include? I am currently so confused as i have made essays for all the contemporary issues however i have not made one for the generic family essay.
With the generic family essay do i include contemporary issues or is it another part  of the syllabus?
2. How do i assess compliance and non compliance? do i use legal and non legal or the effectiveness criteria?
3.  Also With a family essay do i have to do legal and non-legal responses? because I am finding it hard to find non-legal responses for family essays?
4.  what does 'duress' mean?
5. what do i talk about in a generic consumer essay? do i pick points of the syllabus or...? (this is the same for family)

i am doing HSC btw
Also your atar legal studies book is very helful, great job!!
1- i think the law responding to changing nature of families is a pretty good umbrella essay as you could talk about almost everything
2-in regards to compliance, its best to mention statistics of effectiveness, statute laws and also non-gov and media that promote compliance, and vice versa for non-complaince, however, the trick with non-compliance is that you have to mention how the law has responded to it eg domestic violence.
3-non-legal responses should be super simple! you got the media that publicises any non-compliance eg baby gammy case in regards to surrogacy, youve got family dispute reolution centres that help solve disputes, youve got government initiatives such as family nsw that advises families through their website!.
4-duress is an act committed under force or threat by another party!
5-i just wrote about the protection of consumers and yeah its wise to include a contemporary issue!
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 06:53:30 pm
Hi guys i have a few questions.

1. what does a generic family Law essay include? I am currently so confused as i have made essays for all the contemporary issues however i have not made one for the generic family essay.
With the generic family essay do i include contemporary issues or is it another part  of the syllabus?
2. How do i assess compliance and non compliance? do i use legal and non legal or the effectiveness criteria?
3.  Also With a family essay do i have to do legal and non-legal responses? because I am finding it hard to find non-legal responses for family essays?
4.  what does 'duress' mean?
5. what do i talk about in a generic consumer essay? do i pick points of the syllabus or...? (this is the same for family)

i am doing HSC btw
Also your atar legal studies book is very helful, great job!!

1. A generic family law essay does not specify a dot point, but rather allows you to mention a variety of them. This is mainly the case with a theme/challenge centered essay, such as "Evaluate the effectiveness of law reform in achieving just outcomes". That's really generic and branches off into almost every single syllabus dot point, so you get to pick what works best
2. Effectiveness criteria works hand-in-hand with compliance. For instance for domestic violence, if people aren't complying to the ADVO, then it's ineffective.
3. The question could specifically ask for a non-legal response, but even if it isn't asked it is usually expected that you integrate it. For separation of custody there is Dad's in Distress, for Domestic Violence there is Never Alone, for same-sex marriage there is Marriage Equality. If you need a specific one let me know!
4. Duress means that you've been forced to commit a crime against your free will. Think of blackmail as an example of duress. You've been forced by another person to commit the crime, so if you can prove this, you're technically innocent!
5. Generic consumer law essays are the same as family in that it doesn't specify a syllabus dot point so you can choose what works best for the question

EDIT: Haha just saw that justdoit also posted! Double the help I guess. Good work legal team :D
Title: Re: Legal Studies Question Thread
Post by: Lachlan Morley on October 31, 2017, 07:14:36 pm
Thank you! that really clarifies my question :)

Not a problem, if you have any more questions let me know
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2017, 07:43:15 pm
GO LEGAL EAGLES! You guys are seriously incredible, thanks to everyone chiming in and helping out! ;D
Title: Re: Legal Studies Question Thread
Post by: [MA165] on October 31, 2017, 08:03:36 pm
hey!
i am very worried about the crime essay as crime is probably my weakest part (and it has the most weighting)  :-\
but if it is on law reform as predicted, what would be some major points to include in your essay?
i know about bail laws and the mandatory sentencing of one punch attacks but that is about all!!
thankyou so much for any help in advance!!!
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 08:18:24 pm
hey!
i am very worried about the crime essay as crime is probably my weakest part (and it has the most weighting)  :-\
but if it is on law reform as predicted, what would be some major points to include in your essay?
i know about bail laws and the mandatory sentencing of one punch attacks but that is about all!!
thankyou so much for any help in advance!!!


That's literally what I have too! No need to stress :) Other points that I would include would be the Provocation Amendment, which has changed the criteria of provocation to 'Extreme Provocation'. This was in response to the lenient case of R v Singh. You can argue that this is effective as it prevents the regularity of violent spouses murdering their partner in a jealous rage.

Another good piece of reform would be the Jury Amendment (Verdicts) Act. Rather than requiring a unanimous 12:0 vote, a 10:2 or 11:1 vote can satisfy a conviction. This links well to balancing rights of parties, as you can argue that reducing the criteria allows for less hung juries, thus saving the trauma of victims reliving the crime in constant re-trails, as well as saving taxpayers in millions of dollars. On the contrary, reducing the criteria has hampered the standard of 'beyond reasonable doubt', resulting in injustice for the accused.

These reforms and the ones you have already should have you set for a law reform question!
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 31, 2017, 08:20:13 pm
hey!
i am very worried about the crime essay as crime is probably my weakest part (and it has the most weighting)  :-\
but if it is on law reform as predicted, what would be some major points to include in your essay?
i know about bail laws and the mandatory sentencing of one punch attacks but that is about all!!
thankyou so much for any help in advance!!!


I mentioned covert search warrants which allows police to search the premises of a suspected offender without warning. it was introduced in 2009
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on October 31, 2017, 08:32:00 pm
Can someone please explain the Bail Act amendments?
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 08:41:25 pm
Can someone please explain the Bail Act amendments?

The main one you need to know is the Bail Amendment Act 2013, which introduced the "unacceptable risk" test. In this same amendment though, they removed the "presumption against bail" for murder charges. So essentially, prior to the amendment, anyone who commit murder would be denied bail. Under the new amendment, a person who commit murder can be given bail if they pass the unacceptable risk test. This led to majorly controversial cases such as Steve Fesus, Hahmoud Hawi, and most importantly Man Monis, who commit the Lindt Cafe Siege while on bail.

The Bail Amendment Act 2015, though not as important, was in response to Man Monis' siege. It has amended the provision of bail for terrorist related activities. It added the 'show cause' requirement, so accused persons must show cause for serious indictable offences
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on October 31, 2017, 08:45:28 pm
what legislation is product certification covered in?
tia.

part 3-3 of the the ACL (contained in the Competition and Consumer Act 2010 (cth)) details mandatory product safety and information standards. But product certification is also associated with non-legal regulations such as major certification marks, like 'CE' that are internationally recognised and have a standard of quality established for products to be certified.
Title: Re: Legal Studies Question Thread
Post by: emilybrooks99 on October 31, 2017, 08:45:44 pm
How many media articles are expected in an essay? And is making them up really an option - will the markers know?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on October 31, 2017, 08:50:50 pm
HEY GUYS!

I was wondering if you could help me out in writing an essay on law reform for world order- I'm really confused on what to talk about for my paragraphs
 I was thinking on doing one paragraph on developing treaties but I cant think of law reform anywhere else to discuss and was wondering if you could please help me out

thank you very much :))
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 31, 2017, 08:58:54 pm
Are you guys learning the dates for every single one of the "developing recognition of human rights" dotpoint?
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on October 31, 2017, 08:59:37 pm
The main one you need to know is the Bail Amendment Act 2013, which introduced the "unacceptable risk" test. In this same amendment though, they removed the "presumption against bail" for murder charges. So essentially, prior to the amendment, anyone who commit murder would be denied bail. Under the new amendment, a person who commit murder can be given bail if they pass the unacceptable risk test. This led to majorly controversial cases such as Steve Fesus, Hahmoud Hawi, and most importantly Man Monis, who commit the Lindt Cafe Siege while on bail.

The Bail Amendment Act 2015, though not as important, was in response to Man Monis' siege. It has amended the provision of bail for terrorist related activities. It added the 'show cause' requirement, so accused persons must show cause for serious indictable offences

Thank you! Can you please explain what "unacceptable risk" and "show cause" means. These two terms always confuse me.
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on October 31, 2017, 09:05:33 pm
How many media articles are expected in an essay? And is making them up really an option - will the markers know?

insert them when relevant - so when you're proving a point :-) so maybe once or twice a paragraph? really depends on how you write. if you really can't think of LCMs, or you've forgotten them, totally fine to make them up! just make sure they sound legit :-)

HEY GUYS!

I was wondering if you could help me out in writing an essay on law reform for world order- I'm really confused on what to talk about for my paragraphs
 I was thinking on doing one paragraph on developing treaties but I cant think of law reform anywhere else to discuss and was wondering if you could please help me out

thank you very much :))

i don't do world order, sorry!

Are you guys learning the dates for every single one of the "developing recognition of human rights" dotpoint?

trying my best!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on October 31, 2017, 09:06:57 pm
hey guys would someone mine going over what the express and implied rights of the constitution are? I keep getting confused between some of them!
Thanks heaps
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2017, 09:07:08 pm
How many media articles are expected in an essay? And is making them up really an option - will the markers know?

Just a couple are heaps, one per paragraph in the majority of your paragraphs ;D so, I mean, I know people who made them up and scored well. But it is usually easy to spot, and it ruins your credibility if they do spot it. Ultimately, it's a shortcut, and that shortcut is leaving you open to lose marks you would have otherwise kept. Spending an hour or two memorising a couple, versus risking the marks, is an easy decision to me :)

HEY GUYS!

I was wondering if you could help me out in writing an essay on law reform for world order- I'm really confused on what to talk about for my paragraphs
 I was thinking on doing one paragraph on developing treaties but I cant think of law reform anywhere else to discuss and was wondering if you could please help me out

thank you very much :))

Pretty much any treaty/anything like that is an example of law reform since a lot of them have only been developed recently! Like, it's a continually evolving process, and you can frame that process as law reform - Even if its introducing a new law rather than changing an existing one, it is still reform :)

Are you guys learning the dates for every single one of the "developing recognition of human rights" dotpoint?

I personally learned the most important ones from each, enough to sustain a brief short answer response ;D

Thank you! Can you please explain what "unacceptable risk" and "show cause" means. These two terms always confuse me.

A show cause offence is sort of like the old presumption against bail - If you commit such an offence, you have to give reasons why you should get bail :)

Otherwise, the normal test is whether you pose an unacceptable risk to society if released. A first time assault offender involved in a football riot, for example, probably an acceptable risk to release. Someone with a history of domestic violence, perhaps not so :)
Title: Re: Legal Studies Question Thread
Post by: [MA165] on October 31, 2017, 09:10:59 pm
That's literally what I have too! No need to stress :) Other points that I would include would be the Provocation Amendment, which has changed the criteria of provocation to 'Extreme Provocation'. This was in response to the lenient case of R v Singh. You can argue that this is effective as it prevents the regularity of violent spouses murdering their partner in a jealous rage.

Another good piece of reform would be the Jury Amendment (Verdicts) Act. Rather than requiring a unanimous 12:0 vote, a 10:2 or 11:1 vote can satisfy a conviction. This links well to balancing rights of parties, as you can argue that reducing the criteria allows for less hung juries, thus saving the trauma of victims reliving the crime in constant re-trails, as well as saving taxpayers in millions of dollars. On the contrary, reducing the criteria has hampered the standard of 'beyond reasonable doubt', resulting in injustice for the accused.

These reforms and the ones you have already should have you set for a law reform question!

THANKYOU SO SO MUCH!!!
that is very helpful and definitely gives me something else to look at!!
thank you very much and atb on thursday  :)
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 09:24:42 pm
Hey guys, I've found that major road blocks to my study have been caused because I don't know how to structure my paragraphs for some dot points.

Could anybody please help me out with a paragraph structure and brief overview of:
- The Changing Nature of Parental Responsibility
- Surrogacy and Birth Technologies
- Care and Protection of Children

Thanks so much :) I appreciate any help. Also, if you know about one of the dot points but not the others that still helps out :D
Title: Re: Legal Studies Question Thread
Post by: Korrasami on October 31, 2017, 09:32:09 pm
Hey guys, I've found that major road blocks to my study have been caused because I don't know how to structure my paragraphs for some dot points.

Could anybody please help me out with a paragraph structure and brief overview of:
- The Changing Nature of Parental Responsibility
- Surrogacy and Birth Technologies
- Care and Protection of Children

Thanks so much :) I appreciate any help. Also, if you know about one of the dot points but not the others that still helps out :D

For care and protection, I had a paragraph on domestic violence and the NSW government five-action plan called "Keep them safe" in relation to the Wood inquiry. I also talked about the laws ineffectiveness in dealing with issues with children involving domestic violence

For my second paragraph, I talked about parental responsibility and how the law aims to have the best interests of the child

Third paragraph, mentioned the legal consequences of separation involving children

Sorry it's a bit all over the place, as I'm not finished planning it all out, but that's all I have!
Title: Re: Legal Studies Question Thread
Post by: mattmuzz on October 31, 2017, 09:38:16 pm
hello everyone can you please give me some advice on how to structure an essay on World order for compliance and non compliance
Title: Re: Legal Studies Question Thread
Post by: rodero on October 31, 2017, 10:00:23 pm
For care and protection, I had a paragraph on domestic violence and the NSW government five-action plan called "Keep them safe" in relation to the Wood inquiry. I also talked about the laws ineffectiveness in dealing with issues with children involving domestic violence

For my second paragraph, I talked about parental responsibility and how the law aims to have the best interests of the child

Third paragraph, mentioned the legal consequences of separation involving children

Sorry it's a bit all over the place, as I'm not finished planning it all out, but that's all I have!

Thank you ! :D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on October 31, 2017, 10:09:52 pm
hello everyone can you please give me some advice on how to structure an essay on World order for compliance and non compliance

Hey there - there's a few ways of structuring it.

You could use big case studies (like, a country for a case study) and in each paragraph focus on different things. So if I'm talking about North Korea, I might talk about sanctions in one paragraph as a way of dealing with non-compliance and hopefully encouraging compliance, then I might talk about how the aim of UN resolutions and discussions do come with the aim of encouraging compliance. On a separate note, I might talk about non-diplomatic ways of dealing with non-compliance, (like waging an all-out war before discussions), and how encouraging compliance through other more diplomatic measures might be the way to go. So it is quite measure based - what measures are used to deal with a state that's not complying, and how can we make them want to comply?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on October 31, 2017, 10:38:18 pm
hey
i was wondering if someone could please explain to me how state soverignty is related to veto powers/R2P/Sanctions  in world order?
thank you :)
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 31, 2017, 10:52:23 pm
What are some major cases or events that demonstrate the ICJ's role in enforcing human rights?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on October 31, 2017, 11:04:57 pm
hey
i was wondering if someone could please explain to me how state soverignty is related to veto powers/R2P/Sanctions  in world order?
thank you :)

Essentially, state sovereignty means that no nation state is ever fully obligated to adhere to international standards. Meaning, they can ignore UN sanctions if they so choose. Everyone needs to cooperate for anything to work ;D

What are some major cases or events that demonstrate the ICJ's role in enforcing human rights?

Check this case from 2009, could be helpful! ;D
Title: Re: Legal Studies Question Thread
Post by: sidzeman on October 31, 2017, 11:48:24 pm
Essentially, state sovereignty means that no nation state is ever fully obligated to adhere to international standards. Meaning, they can ignore UN sanctions if they so choose. Everyone needs to cooperate for anything to work ;D

Check this case from 2009, could be helpful! ;D
Thank you so much! Could you also explain what statutory authorities are and their role in upholding human rights?
Title: Re: Legal Studies Question Thread
Post by: chelseam on October 31, 2017, 11:59:48 pm
Hey guys! Does anyone know what the impacts of being successful in using a partial defence are, compared to a full defence? Thank you
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on November 01, 2017, 02:06:41 am
Hey guys! Does anyone know what the impacts of being successful in using a partial defence are, compared to a full defence? Thank you

Full Defence -> Full acquittal. Applies to Mental illness, necessity and self-defence.

Partial -> Charge reduced to manslaughter. Arises from provocation or diminished responsibility
Title: Re: Legal Studies Question Thread
Post by: pokemonlv10 on November 01, 2017, 02:07:42 am
Hey guys for the last question, why is a property offence?
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on November 01, 2017, 04:28:37 am
Hey guys for the last question, why is a property offence?

You can do process of elimination for this. It's not a driving offence because, well obviously there is a larger crime at hand and the question doesn't specify anything about speeding (it would be extremely weird). It's not a public order offence because those tend to be less serious and are when people disturb the public. And it's not white collar because those tend to be shady businessmen doing shady stuff :P This leaves property crime which happens to include pretty much any form of stealing.
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 06:15:41 am
Hey guys for the last question, why is a property offence?

A property offence is one of the sub-categories to economic offences. It includes:
Larceny:Property is taken from a person without the intention of it being returned
Robbery: This is similar to larceny, however the act is a lot more direct. Think of robbery like a bank heist; the person confronts people in order to steal the item. Whereas for larceny, it is a lot more discrete. This can involve things like pick-pocketing or shoplifting, where the victim does not realise the item has been stolen from there
Breaking and Entering: This is the offence that relates to the stimulus provided. It means that you entered someone elses property with the intention to commit a crime. You can see this as the first sentence states "Alex and Dale planned to rob a bank"
Title: Re: Legal Studies Question Thread
Post by: yopenelope on November 01, 2017, 07:52:45 am
I was just wondering how to tackle the 'role' in questions, particularly in crime - e.g. the role of discretion, the role of law reform. Each essay I've done this year I'll have a mark taken off because I didn't focus on the 'role' as much as they wanted, but I don't really know what that means?
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 09:12:14 am
I was just wondering how to tackle the 'role' in questions, particularly in crime - e.g. the role of discretion, the role of law reform. Each essay I've done this year I'll have a mark taken off because I didn't focus on the 'role' as much as they wanted, but I don't really know what that means?

Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough

If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P

EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?
Title: Re: Legal Studies Question Thread
Post by: phebsh on November 01, 2017, 09:41:53 am
Hi all! Firstly, good luck to us all for tomorrow!

I'm just not sure of what to do with my time today, I feel like doing papers will stress me out so what's a good idea?

Thanks! :)
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on November 01, 2017, 09:48:54 am
Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough

If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P

EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?

I had a discretion question in my trials but it was focused on sentencing and punishment. I wrote about how a judge's discretion ultimately results in whether or not the accused is convicted. I narrowed it down to statutory and judicial guidelines (mandatory sentencing REMOVES the ability of a judge to have discretion while precedents indicates what the recommended sentence would be and lets the judge mold their decisions based on the past decisions), types of penalties (the judge chooses the penalty based on aggravating and mitigating factors) and victim impact statements (judges are only obliged to consider them and it should not form a bias).

For other parts that are not pertaining to sentencing and punishment, I guess you could talk about police discretion; how they can choose to give a warning, etc. Would appreciate if others could add onto this!
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 09:57:06 am
Hi all! Firstly, good luck to us all for tomorrow!

I'm just not sure of what to do with my time today, I feel like doing papers will stress me out so what's a good idea?

Thanks! :)

i'm kinda thinking the same way!!  :P
maybe just brush up on all your legislation, cases, media articles, treaties etc. so that you know them really well!!
all the very best for tomorrow!
who else's last exam is legal and CAN NOT wait!?  ;D
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on November 01, 2017, 09:57:36 am
Hi all! Firstly, good luck to us all for tomorrow!

I'm just not sure of what to do with my time today, I feel like doing papers will stress me out so what's a good idea?

Thanks! :)

If there's any part of the syllabus that freaks you out a lot, I honestly, personally, recommend using today to tackle that face on. It was on the morning OF my exam that I tackled transnational crime - and it was my crime essay. Ghee whiz. So I really think that early today, get a wriggle on with something that challenges you, and then you can spend the afternoon affirming yourself of what you know, committing a few little extra things to memory, and so on.

Maybe not doing full past papers if they panic you - but instead maybe just multiple choice? Or just look at short answers and honestly ask yourself: "Can I answer this?" and if not, just do a dot point version to test yourself on what you do know.

good luck :)
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 09:58:28 am

Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough

If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P

EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?

Police discretion: misuse of police powers under LEPRA, evident in the Roberto Curti taser incident, as well as Corey Barker's unlawful arrest. You can substantiate the paragraph with the subsequent media blacklash. This mainly shows how police discretion is being exploited and is not delivering justice for the accused. You can show nuance through R v Gittany, where police discretion was used to gather evidence efficiently and gain a conviction

Judicial discretion in factors affecting a sentence: the role of discretion here is to provide judges with a means of adapting to the unique features of each case. In the case of R v Milat and Klein, the judge disregarded their mitigating factors as the offence was too severe. Whereas, in R v Bayley the offender DID consider these mitigating factors, resulting in a lesser sentence. This effectively allowed the judge to prioritise rehabilitation

Judicial discretion in penalties: R v GDP, sentence is changed from a 12 month control order to a 12 month probation to encourage rehab. R v McCartney, judge prioritises deterrence, so imposes a higher sentence for sexual assault

Mandatory sentences: The introduction of recent mandatory sentences has hindered the role of judicial discretion. Crimes (Murder of Police Officer) Act enforced a mandatory life sentence for killing a police officer. This means that discretion can no longer be applied as each convicted offender will always be given a life sentence, regardless of any mitigating factors.
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 10:00:40 am
Well when I think that focusing on the role of those topics would mean their purpose, so for instance the purpose or ‘role’ of law reform is to keep up with the needs of society. So if you introduce that idea in your intro and keep linking back to it in your bodies, and conclusion, you should be covering that well enough

If you did write that, this could possibly be a case of teacher’s marking you harshly to ensure you’re not too comfortable before hsc comes :P

EDIT: Speaking of discretion, what would be a good essay plan for a question regarding the role of discretion in the cjs?

For an essay on the role of discretion in the cjs, the easiest way and most effective way to go in terms of getting a broad discussion would be to have a paragraph on the CIP, CTP and S&P.
And then within each paragraph, for example the CIP you could talk about points such as:
- police powers (their application of discretion)
- reporting of crime --> main role in this is that of the public, whose only 'power' is discretion (choosing whether or not to report a crime). This becomes an issue though with under-reporting on certain types of crimes (sexual assault, domestic violence) because of assumptions that reporting won't lead to arrest/conviction (NSW Bureau of Crime Stats and Research [2006] - 90% of reported sexual assaults resulted in no conviction) and so up to 85% of sexual assaults in Australia are not reported. Organisations such as Crime Stoppers however encourage public reporting of crime ... so I suppose you could find some stats on the reporting of crime through that method as a way of fixing the ineffectiveness of the role of discretion in reporting of crime.
- gathering evidence --> essentially all up to the police and their use of their powers, so discretion inevitable becomes a factor (whether it is effective or ineffective). So for this section you could talk about R v Wood (demonstrated ineffective use of police discretion in gathering evidence, leading to unfair trial)
- use of technology --> again, major involvement of police and their use of their powers. So one interesting thing I came across was police hacking powers (provided through their capability for covert searches). This type of power is obviously super controversial because it impedges on key human rights such as the right to privacy etc. Thus police discretion is super important -- but it's limited by the fact that only a specific officer can get a warrant from a specific eligible judge for this power, and even with that their application needs to demonstrate suspicion or belief on reasonable grounds that a terrorist act has been/is likely to be commited, that searching a premises (or whatever else) will likely prevent this and that it's necessary that the search has to be conducted without the occupier's knowledge. Also, after 10 days of the search the office has to report back to the judge and essentially detail EVERYTHING. So its good that certain meausures have been put in place for powers like this where discretion is obviously going to affect how the power will be used (usually a bad effect), and so discretion is limited for effectiveness.
- use of warrants: as mentioned above, limit police discretion but result in judicial discretion
- DVEC (used in domestic violence investigations) --> limits the discretion of victims/witnesses as police can digitally record victims statement in situ so that justice can be achieved in the trial wherein the victim may not be willing to provide correct information.
- bail: judicial discretion, but the reforms in Bail Act limit judicial discretion (I may be wrong, you might have to check over this). Restrictions have also been placed in granting bail for offences such as drug trafficking/domestic violence and even limit the chance of suspected terrorists of getting bail (Terrorism Act amendment 2017).

So these are some things specific for the CIP, but you would continue for the other sections of the CJS, according to the syllabus (because it honestly makes it so much easier to just pack in information into your paragraphs imo).
Hope this helps :)
(also sorry if I've just repeated what other people have already posted, this took forever to write up :P)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on November 01, 2017, 10:05:19 am
For an essay on the role of discretion in the cjs, the easiest way and most effective way to go in terms of getting a broad discussion would be to have a paragraph on the CIP, CTP and S&P.

So these are some things specific for the CIP, but you would continue for the other sections of the CJS, according to the syllabus (because it honestly makes it so much easier to just pack in information into your paragraphs imo).
Hope this helps :)
(also sorry if I've just repeated what other people have already posted, this took forever to write up :P)


Thank you for your time and effort here! Very, very much appreciated! :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 10:08:21 am
Police discretion: misuse of police powers under LEPRA, evident in the Roberto Curti taser incident, as well as Corey Barker's unlawful arrest. You can substantiate the paragraph with the subsequent media blacklash. This mainly shows how police discretion is being exploited and is not delivering justice for the accused. You can show nuance through R v Gittany, where police discretion was used to gather evidence efficiently and gain a conviction

Judicial discretion in factors affecting a sentence: the role of discretion here is to provide judges with a means of adapting to the unique features of each case. In the case of R v Milat and Klein, the judge disregarded their mitigating factors as the offence was too severe. Whereas, in R v Bayley the offender DID consider these mitigating factors, resulting in a lesser sentence. This effectively allowed the judge to prioritise rehabilitation

Judicial discretion in penalties: R v GDP, sentence is changed from a 12 month control order to a 12 month probation to encourage rehab. R v McCartney, judge prioritises deterrence, so imposes a higher sentence for sexual assault

Mandatory sentences: The introduction of recent mandatory sentences has hindered the role of judicial discretion. Crimes (Murder of Police Officer) Act enforced a mandatory life sentence for killing a police officer. This means that discretion can no longer be applied as each convicted offender will always be given a life sentence, regardless of any mitigating factors.
For an essay on the role of discretion in the cjs, the easiest way and most effective way to go in terms of getting a broad discussion would be to have a paragraph on the CIP, CTP and S&P.
And then within each paragraph, for example the CIP you could talk about points such as:
- police powers (their application of discretion)
- reporting of crime --> main role in this is that of the public, whose only 'power' is discretion (choosing whether or not to report a crime). This becomes an issue though with under-reporting on certain types of crimes (sexual assault, domestic violence) because of assumptions that reporting won't lead to arrest/conviction (NSW Bureau of Crime Stats and Research [2006] - 90% of reported sexual assaults resulted in no conviction) and so up to 85% of sexual assaults in Australia are not reported. Organisations such as Crime Stoppers however encourage public reporting of crime ... so I suppose you could find some stats on the reporting of crime through that method as a way of fixing the ineffectiveness of the role of discretion in reporting of crime.
- gathering evidence --> essentially all up to the police and their use of their powers, so discretion inevitable becomes a factor (whether it is effective or ineffective). So for this section you could talk about R v Wood (demonstrated ineffective use of police discretion in gathering evidence, leading to unfair trial)
- use of technology --> again, major involvement of police and their use of their powers. So one interesting thing I came across was police hacking powers (provided through their capability for covert searches). This type of power is obviously super controversial because it impedges on key human rights such as the right to privacy etc. Thus police discretion is super important -- but it's limited by the fact that only a specific officer can get a warrant from a specific eligible judge for this power, and even with that their application needs to demonstrate suspicion or belief on reasonable grounds that a terrorist act has been/is likely to be commited, that searching a premises (or whatever else) will likely prevent this and that it's necessary that the search has to be conducted without the occupier's knowledge. Also, after 10 days of the search the office has to report back to the judge and essentially detail EVERYTHING. So its good that certain meausures have been put in place for powers like this where discretion is obviously going to affect how the power will be used (usually a bad effect), and so discretion is limited for effectiveness.
- use of warrants: as mentioned above, limit police discretion but result in judicial discretion
- DVEC (used in domestic violence investigations) --> limits the discretion of victims/witnesses as police can digitally record victims statement in situ so that justice can be achieved in the trial wherein the victim may not be willing to provide correct information.
- bail: judicial discretion, but the reforms in Bail Act limit judicial discretion (I may be wrong, you might have to check over this). Restrictions have also been placed in granting bail for offences such as drug trafficking/domestic violence and even limit the chance of suspected terrorists of getting bail (Terrorism Act amendment 2017).

So these are some things specific for the CIP, but you would continue for the other sections of the CJS, according to the syllabus (because it honestly makes it so much easier to just pack in information into your paragraphs imo).
Hope this helps :)
(also sorry if I've just repeated what other people have already posted, this took forever to write up :P)

I had a discretion question in my trials but it was focused on sentencing and punishment. I wrote about how a judge's discretion ultimately results in whether or not the accused is convicted. I narrowed it down to statutory and judicial guidelines (mandatory sentencing REMOVES the ability of a judge to have discretion while precedents indicates what the recommended sentence would be and lets the judge mold their decisions based on the past decisions), types of penalties (the judge chooses the penalty based on aggravating and mitigating factors) and victim impact statements (judges are only obliged to consider them and it should not form a bias).

For other parts that are not pertaining to sentencing and punishment, I guess you could talk about police discretion; how they can choose to give a warning, etc. Would appreciate if others could add onto this!

Thank you so much everyone! Legends <3
Title: Re: Legal Studies Question Thread
Post by: Korrasami on November 01, 2017, 10:34:19 am
Hey guys, if you forget the exact title of a media article, would it be okay to paraphrase it?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 10:39:19 am
Hey guys, if you forget the exact title of a media article, would it be okay to paraphrase it?

Yep, that is definitely okay to do if you need to ;D
Title: Re: Legal Studies Question Thread
Post by: phebsh on November 01, 2017, 10:39:32 am
i'm kinda thinking the same way!!  :P
maybe just brush up on all your legislation, cases, media articles, treaties etc. so that you know them really well!!
all the very best for tomorrow!
who else's last exam is legal and CAN NOT wait!?  ;D

It's mine too!!!!!! I'm so exciteddddddd
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 10:45:37 am
It's mine too!!!!!! I'm so exciteddddddd
awwwwwwwwesome...
i just can't wait for tomorrow at 12.30!!!  ;D ;D :D 8)
the wait is especially painful when a large majority of my friends have already finished :-\
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 10:54:08 am
hey...
i was just wondering... how important is the year on the end of legislation?!
obviously for the main ones i remember them, but for some of the more insignificant ones i always tend to forget!!  :-X :-\
how much will i be marked down for this?!
Title: Re: Legal Studies Question Thread
Post by: ruponti.atiq on November 01, 2017, 10:58:15 am
what recent law reform could you write about ?
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 10:59:42 am
what recent law reform could you write about ?
what topic are you referring to?!
Title: Re: Legal Studies Question Thread
Post by: annajpeterson on November 01, 2017, 11:09:08 am
For the question, 'discuss the effectiveness of legal and non-legal responses regarding the recognition of same-sex relationships,' what would be the best way to structure the essay?
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on November 01, 2017, 11:12:24 am
awwwwwwwwesome...
i just can't wait for tomorrow at 12.30!!!  ;D ;D :D 8)
the wait is especially painful when a large majority of my friends have already finished :-\
Still got extension maths the day after 🙁
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 11:13:01 am
hey...
i was just wondering... how important is the year on the end of legislation?!
obviously for the main ones i remember them, but for some of the more insignificant ones i always tend to forget!!  :-X :-\
how much will i be marked down for this?!

It could contribute to the loss of a mark, but if you write an otherwise perfect essay then you'd still get 25/25 without dates on a few pieces of legislation ;D

For the question, 'discuss the effectiveness of legal and non-legal responses regarding the recognition of same-sex relationships,' what would be the best way to structure the essay?

I personally structured it as:

- Effectiveness/ineffectiveness in the decriminalisation of homosexuality
- Effectiveness/ineffectiveness in de-facto recognition
- Effectiveness/ineffectiveness in marriage equality

With all the responses I want to include threaded throughout ;D
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 11:16:16 am
Still got extension maths the day after 🙁
i'm sorry to hear that... buuut, you'll get to celebrate soon anyways!! ;D
well done for doing extension!!
It could contribute to the loss of a mark, but if you write an otherwise perfect essay then you'd still get 25/25 without dates on a few pieces of legislation ;D
ok, i'll do my best to remember, there's just so much to try and think about!!
thanks for the response!! ;D
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on November 01, 2017, 11:17:56 am
what recent law reform could you write about ?
Hey,
If it is crime you can talk about:
- Anti-Terror Act 2005 (held for 14 days without a charge, recently amended so children as young as 10 can be held without a charge).
- Lockout laws following R v. Loveridge case (2013). This also led to minimum and maximum mandatory sentencing with The Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW
- Right to silence laws: The Evidence Amendment (Evidence of Silence) Bill 2013 (unfavourable inference drawn against those who don't cooperate with police or tell everything they know about a crime in the interrogation process).
- Revenge porn laws: Crimes Amendment (Intimate Images) Bill 2017
- Changes to bail laws: Bail Act 2013 (removes presumption against bail, has a risk assessment).
- Consorting laws: Crimes Amendment (consorting and organised crime) Act 2012 (NSW)
- Provocation defences: Provocation (Amendment) Act 2014, R v Singh case and the gay panic defence.
Hope this helps! Good luck for tomorrow!  ;D
Title: Re: Legal Studies Question Thread
Post by: Korrasami on November 01, 2017, 11:19:50 am
Yep, that is definitely okay to do if you need to ;D

Thank you so much!
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on November 01, 2017, 11:20:45 am
Hey I was wondering how I could structure a response for changing nature of parental responsibility? It seems so broad!! Thanks heaps:)
Title: Re: Legal Studies Question Thread
Post by: ruponti.atiq on November 01, 2017, 11:41:15 am
recent law reform for crime?
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 11:44:11 am
recent law reform for crime?
did you see katie's amazing response here?
Title: Re: Legal Studies Question Thread
Post by: damecj on November 01, 2017, 11:45:22 am
Hey,

For a straight conduct of hostilities question for WO, is it best to mention R2P as well? Sort of talk about how limitations of the Geneva convention and the barrier of state sovereignty led to R2P?

Any advice would be much appreciated :0
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 11:50:22 am
Most successful/famous UNSC resolution in response to Libya??
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on November 01, 2017, 11:52:02 am
Does anyone have predictions for shelter and family?
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 11:53:38 am
Any ideas about to write for a Crime question on the adversary system? It's one of the aspects of the syllabus that haven't really been questioned. All I can think of is a 'pros' and 'cons' kind of discussion but that doesn't seem good enough.

thanks in advance :)
Title: Re: Legal Studies Question Thread
Post by: Evanthia G on November 01, 2017, 12:00:25 pm
What would you write in each paragraph on an essay about compliance and non-compliance with consumer laws?
Title: Re: Legal Studies Question Thread
Post by: sidzeman on November 01, 2017, 12:00:25 pm
Difference between the UN Human Rights Committee vs UN HR Council?
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 12:02:26 pm
for a reflection of changing values and ethical standards in regard to consumers question..
would i be able to include implying terms into contracts for the 'weaker party' and superior bargaining power or is this irrelevant?!  ???
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 12:03:13 pm
Hey I was wondering how I could structure a response for changing nature of parental responsibility? It seems so broad!! Thanks heaps:)

some points that have come to my mind:
- 1995 family act reform --> changed terminology of parenting orders. You could extend this by talking about what the act entailed as well as influences that instigated the reform (Family Law Council report on Patterns of Parenting After Separation, ratification of UNCROC)
- family law amendment (shared parental responsibility) act 2006 (cth):
the rebuttable presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.... but arguable in circumstances of the abuse of the child or another child/family violence
- legislation to do with same sex/de facto and allowing them to adopt maybe??
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 12:06:10 pm
Difference between the UN Human Rights Committee vs UN HR Council?

The HR Committee reports compliance by nations signatory to the ICCPR and investigates violations in regards to that

The HR council is the UN's principal HR body and reports directly to the General Assembly. It examines situations of HR violations and make recommendations for action to the UN General Assembly.
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 12:11:55 pm
What would you write in each paragraph on an essay about compliance and non-compliance with consumer laws?
you could speak about how this is very little litigation in the area of consumer laws, especially compared to other civil law cases. then you may be able to go on and explain how this may be a case of the following factors:
-commitment to customer service- suppliers and manufacturers are normally willing to assist, repair and refund faulty products as this increases customer loyalty if they are helpful, and in the long run, contributes to their profitability, therefore businesses do seem willing. you can use some stats from the ACL infographic in this para! 
-effective advice, assistance and mediation services- businesses tend to comply with the law because assistance to consumers is so readily available. Refers to measures such as the NCAT here ;D
-effective enforcement mechanisms- product liability, class actions, mandatory standards and marketing practices are all covered in the Competition and Consumer Act 2010 and enforced by the ACCC. heaps of cases to use here. McPherson's Limited -v- Eaton & Ors [2005] NSWCA 435 is a good product liability one to prove that businesses are forced to comply with the law.

hope this helps ;D atb tomorrow
Title: Re: Legal Studies Question Thread
Post by: Evanthia G on November 01, 2017, 12:28:53 pm
you could speak about how this is very little litigation in the area of consumer laws, especially compared to other civil law cases. then you may be able to go on and explain how this may be a case of the following factors:
-commitment to customer service- suppliers and manufacturers are normally willing to assist, repair and refund faulty products as this increases customer loyalty if they are helpful, and in the long run, contributes to their profitability, therefore businesses do seem willing. you can use some stats from the ACL infographic in this para! 
-effective advice, assistance and mediation services- businesses tend to comply with the law because assistance to consumers is so readily available. Refers to measures such as the NCAT here ;D
-effective enforcement mechanisms- product liability, class actions, mandatory standards and marketing practices are all covered in the Competition and Consumer Act 2010 and enforced by the ACCC. heaps of cases to use here. McPherson's Limited -v- Eaton & Ors [2005] NSWCA 435 is a good product liability one to prove that businesses are forced to comply with the law.

hope this helps ;D atb tomorrow

Thankyou soo so much! Much appreciated and all the best to you too!  :D :D
Title: Re: Legal Studies Question Thread
Post by: Caraxyz on November 01, 2017, 12:46:21 pm
how would you write an essay about compliance and non-compliance in relation to family laws? we literally never learnt about that topic point in class, so i'm super confused.
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 01:06:23 pm
Hey guys I found a tricky multiple choice Q:

Which of the following people is most likely to receive legal aid?

A) An accused with no prior offences who is pleading not guilty
B) A young offender who is pleading not guilty
C) An accused person with prior offences who is pleading guilty
D) An accused person with a mental illness

This doesn't have an answer sheet with it so i was wondering if I could have some help here. I think that the answer would be D. Legal aid has 3 tests, being a means, merit and jurisdiction; Can the person pay, can we win, is it in our jurisdiction is a simple way to know what these tests entail. Since D has a mental illness, they would be more likely to gain an acquittal, and I don't think the accused's intention to plead guilty has any bearing on legal aid. For that reason, I'd say D. However, it is pretty tricky and I don't have an answers sheet so if anyone could confirm that would help a lot!

EDIT: While I'm at it:

The High Court of Australia overturns a statute limiting welfare payments to Indigenous people on the grounds that the government is violating the law.
Which of the following best describes how human rights have been protected?

A) International law
B) Separation of Powers
C) Statute Law
D) Constitutional Law

I'd say it's B. The judiciary has overturned a decision made by the legislature.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 01:10:30 pm
Hey guys I found a tricky multiple choice Q:

Which of the following people is most likely to receive legal aid?

A) An accused with no prior offences who is pleading not guilty
B) A young offender who is pleading not guilty
C) An accused person with prior offences who is pleading guilty
D) An accused person with a mental illness

This doesn't have an answer sheet with it so i was wondering if I could have some help here. I think that the answer would be D. Legal aid has 3 tests, being a means, merit and jurisdiction; Can the person pay, can we win, is it in our jurisdiction is a simple way to know what these tests entail. Since D has a mental illness, they would be more likely to gain an acquittal, and I don't think the accused's intention to plead guilty has any bearing on legal aid. For that reason, I'd say D. However, it is pretty tricky and I don't have an answers sheet so if anyone could confirm that would help a lot!

At first look I thought it would be B because everyone under the age of 18 is guaranteed legal aid without the need of any testing, if I recall correctly?

EDIT: and to your second question, I also agree with B :)
Title: Re: Legal Studies Question Thread
Post by: annajpeterson on November 01, 2017, 01:18:55 pm
any predictions for the world order essay?
Title: Re: Legal Studies Question Thread
Post by: georgiia on November 01, 2017, 01:21:18 pm
Is the Australian Human Rights Commission a non-legal mechanism?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 01:35:42 pm
Hey,

For a straight conduct of hostilities question for WO, is it best to mention R2P as well? Sort of talk about how limitations of the Geneva convention and the barrier of state sovereignty led to R2P?

Any advice would be much appreciated :0

You can definitely mention R2P - All the areas of World Order heavily overlap so you're safe ;D

Most successful/famous UNSC resolution in response to Libya??

I don't know about famous/successful but this appears to be the most recent ;D

Does anyone have predictions for shelter and family?

Law reform is my bet for Crime so I wouldn't be surprised to see it pop up in the Options :)

Any ideas about to write for a Crime question on the adversary system? It's one of the aspects of the syllabus that haven't really been questioned. All I can think of is a 'pros' and 'cons' kind of discussion but that doesn't seem good enough.

thanks in advance :)

I'd frame it as a balancing rights essay, with a paragraph each on victims, offenders and society and how their rights are protected by the adversarial process. You can discuss things like juries, rules for admissible evidence, special victims rights provisions, etc etc :)

Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 01:39:38 pm
how would you write an essay about compliance and non-compliance in relation to family laws? we literally never learnt about that topic point in class, so i'm super confused.

Compliance and non-compliance can be warped to simply, how effectively do the laws/responses adequately handle the issue and thus encourage people to comply? Like, it's only a slight spin on normal "effectiveness of responses" analysis. So, pick your favourite three responses for the Option and analyse how well they work, and thus, how well they encourage people to comply with the law :)

for a reflection of changing values and ethical standards in regard to consumers question..
would i be able to include implying terms into contracts for the 'weaker party' and superior bargaining power or is this irrelevant?!  ???

Yep, pretty much anything can be linked to changing values. Society values _________, which is reflected in laws X, Y and Z. Almost definitely you can tie this in :)

any predictions for the world order essay?

Law reform :)

Is the Australian Human Rights Commission a non-legal mechanism?

I'd call it a legal mechanism :)
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 01:42:09 pm
Is the Australian Human Rights Commission a non-legal mechanism?

AHRC: independent statutory authority, administers federal HR legislation, investigates and conciliates complaints about HR abuse in legislation, can’t make legally binding decisions.

So... I don't think it is a non-legal mechanism.. but I may be wrong! Sorry
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 01:44:08 pm
I'd frame it as a balancing rights essay, with a paragraph each on victims, offenders and society and how their rights are protected by the adversarial process. You can discuss things like juries, rules for admissible evidence, special victims rights provisions, etc etc :)

Okay, cool thank you :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 01:54:46 pm
Law reform :)


Was this a typo thinking the question was asking about crime instead of world order, or do you really think law reform could come up in world order  :o (pls be the former)
Title: Re: Legal Studies Question Thread
Post by: mattmuzz on November 01, 2017, 01:56:54 pm
any predictions for the world order essay?
i am thinking something to with contemporary issues of regional and global situations that threaten peace and security: nuclear threat linked with international law or i hope something to do with compliance because you can link that really well with legal and non legal responses
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 01:58:09 pm
Was this a typo thinking the question was asking about crime instead of world order, or do you really think law reform could come up in world order  :o (pls be the former)

Not a typo unfortunately, law reform is a theme and challenge for world order like all the areas of the syllabus so it is a definite possibility!! It's my bet it will appear somewhere this year :)
Title: Re: Legal Studies Question Thread
Post by: [MA165] on November 01, 2017, 02:13:16 pm
how does the fair work act 2009 and the fair work regulations 2009 differ?
this is prob a dumb question...
i know one is a statue but what exactly is the other? or it it just under the act....   ::) ???
TIA :D
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 02:15:32 pm
Not a typo unfortunately, law reform is a theme and challenge for world order like all the areas of the syllabus so it is a definite possibility!! It's my bet it will appear somewhere this year :)

What could be the body paragraphs here aaaah
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 02:19:45 pm
how does the fair work act 2009 and the fair work regulations 2009 differ?
this is prob a dumb question...
i know one is a statue but what exactly is the other? or it it just under the act....   ::) ???
TIA :D

The Fair Work Regulations 2009 (Cth) set out how the Fair Work Act 2009 (Cth) is applied or how certain words are defined.
Title: Re: Legal Studies Question Thread
Post by: sidzeman on November 01, 2017, 02:21:32 pm
Workplace law - what is the difference between the roles of the Fair Work Commission, FWOmbudsman and the Industrial relations commission?
Also, does anyone have any examples of successful cases of mediation and conciliation?

For a broad question (for any topic) which say would be "effectiveness of law reform regarding contemp issues" - do we have to discuss all the contemp issues??
Title: Re: Legal Studies Question Thread
Post by: [MA165] on November 01, 2017, 02:24:14 pm
The Fair Work Regulations 2009 (Cth) set out how the Fair Work Act 2009 (Cth) is applied or how certain words are defined.

oh :) thankyou!!
Title: Re: Legal Studies Question Thread
Post by: phebsh on November 01, 2017, 03:06:22 pm
Any ideas of what to focus on for the Human Rights ext. response?
Title: Re: Legal Studies Question Thread
Post by: dumbledore on November 01, 2017, 03:10:36 pm
any chance that the world order question involves compliance and non-compliance since it hasn't been asked??
Title: Re: Legal Studies Question Thread
Post by: Korrasami on November 01, 2017, 03:27:26 pm
Hey everyone, what legislation does legal representation fall under?
Title: Re: Legal Studies Question Thread
Post by: phebsh on November 01, 2017, 03:31:09 pm
Hey everyone, what legislation does legal representation fall under?

Don't quote me but I'm pretty sure it's just a right, not explicitly referred to in legislation... If I'm wrong, please correct me because this is my current understanding!
Title: Re: Legal Studies Question Thread
Post by: Primallis on November 01, 2017, 03:38:40 pm
Any ideas of what to focus on for the Human Rights ext. response?

It's always good to focus on ONE contemporary issue and/or the four developmental areas of human rights. I always do slavery cause it kills two birds with one stone ! (Slavery and Slave trafficking)


 
any chance that the world order question involves compliance and non-compliance since it hasn't been asked??

Since it hasn't been asked, it can very well be an essay question! (Works very well for WO.)

Hey everyone, what legislation does legal representation fall under?

Korrasmi legal representation is a limited right under common law as stated in Dietrich v The Queen (1992) which established the premise that people have a right to legal aid if injustices occur.
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 03:42:36 pm
Yep, pretty much anything can be linked to changing values. Society values _________, which is reflected in laws X, Y and Z. Almost definitely you can tie this in :)
awesome, thanks for that...
weirdly enough i'm kinda hoping for a law reform one for consumers
<lets hope i don't jinx myself>

just to do to this: does anyone know any international laws covering consumers?!
tia
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on November 01, 2017, 03:45:35 pm
Hey guys I was wondering if resolutions and the impositions of sanctions by the UNSC could be considered reform? I want to talk about it in terms of the Iran nuclear deal
Thanks:)
Title: Re: Legal Studies Question Thread
Post by: dumbledore on November 01, 2017, 03:59:43 pm
hey guys, just making sure, is the use of soft-force in international affairs a non-legal mechanism in achieving world order?? thanks  :)
Title: Re: Legal Studies Question Thread
Post by: Justinhales on November 01, 2017, 04:05:28 pm
Hey Guys!!
Does anyone know 2 other points I could use for a crime essay about issues of compliance/non-compliance??
All I can think of is bail laws and the compliance of offenders in terms of breaching 'conditions'!!

tks
Title: Re: Legal Studies Question Thread
Post by: annajpeterson on November 01, 2017, 04:08:42 pm
if an essay is on the effectiveness of legal and non legal responses do you need to focus on legal/non legal responses equally?
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 04:13:54 pm
hey...
is an ombudsman a legal or non-legal measure!?
thanks.
Title: Re: Legal Studies Question Thread
Post by: caitlinlddouglas on November 01, 2017, 04:16:46 pm
Hey guys another question- how could the development of R2P be seen as part of law reform for world order? Thanks!
Title: Re: Legal Studies Question Thread
Post by: Justinhales on November 01, 2017, 04:18:22 pm
hey...
is an ombudsman a legal or non-legal measure!?
thanks.
I thought it was a non-legal measure. But I am subject to correction!  ;)
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 04:27:59 pm
Hey everyone, what legislation does legal representation fall under?
Korrasmi legal representation is a limited right under common law as stated in Dietrich v The Queen (1992) which established the premise that people have a right to legal aid if injustices occur.

Just as Primallis said, while there is no statutory or constitutional right to legal representation, the High Court in Dietrich v The Queen [1982] HCA 57 held that a person is entitled to a fair trial and that for serious criminal matters lack of legal representation would prevent a fair trial, so our right to legal representation is an implied (limited) right. Because for example, you can only be represented if you have the money for private legal representation, and then there are certain criteria you have to meet for Legal Aid, so legal representation isn't guaranteed either way.
Title: Re: Legal Studies Question Thread
Post by: abigail.paduch on November 01, 2017, 04:29:02 pm
hi, i just wanted to know is bail granted/refused at the commital hearing, or if not then, when and how? thanks
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 04:29:39 pm
if an essay is on the effectiveness of legal and non legal responses do you need to focus on legal/non legal responses equally?

yep, you need to discuss them equally. :)
Title: Re: Legal Studies Question Thread
Post by: olivia.ferry on November 01, 2017, 04:42:16 pm
any predictions for the indigenous essay??!! I'm so stuck 😅
Title: Re: Legal Studies Question Thread
Post by: sidzeman on November 01, 2017, 04:44:23 pm
Is it okay to always refer to BOCSAR by this abbreviation rather than its proper name?
Title: Re: Legal Studies Question Thread
Post by: chelseam on November 01, 2017, 04:49:11 pm
Is it okay to always refer to BOCSAR by this abbreviation rather than its proper name?
You could write out the full name once and write (BOCSAR) next to it, then keep using BOCSAR throughout  ;)


Full Defence -> Full acquittal. Applies to Mental illness, necessity and self-defence.

Partial -> Charge reduced to manslaughter. Arises from provocation or diminished responsibility

Thank you!  :D


Does anyone know the difference between a Court Attendance Notice and a Summons? Or are they the same thing? The syllabus only has 'summons' and not CAN but I've seen it pop up a few times! Thank you  :)
Title: Re: Legal Studies Question Thread
Post by: Wales on November 01, 2017, 04:51:57 pm
Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.

Cheers, Wales
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 04:52:45 pm
You could write out the full name once and write (BOCSAR) next to it, then keep using BOCSAR throughout  ;)

 
Thank you!  :D


Does anyone know the difference between a Court Attendance Notice and a Summons? Or are they the same thing? The syllabus only has 'summons' and not CAN but I've seen it pop up a few times! Thank you  :)

They're the same thing. CAN is the updated terminology of the Summons. However, the syllabus will still refer to it as a Summons
Title: Re: Legal Studies Question Thread
Post by: Wales on November 01, 2017, 04:52:51 pm
Is it okay to always refer to BOCSAR by this abbreviation rather than its proper name?

Yeah I think you can but I'd write it out once then bracket BOSCAR. Having said that, I'll likely just write BOSCAR..
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 04:53:38 pm
hi, i just wanted to know is bail granted/refused at the commital hearing, or if not then, when and how? thanks

It's done at a bail hearing, which happens before the committal hearing
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 04:54:09 pm
I thought it was a non-legal measure. But I am subject to correction!  ;)
thanks justin....
nobody's corrected you so i'll take your word for it
syt- can not wait till 12.30 ;D
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 04:55:02 pm
Hey everyone, what legislation does legal representation fall under?

It's under common law, not actual legislation. Dietrich v The Queen established the limited right to legal representation
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 05:00:35 pm
Hey guys I was wondering if resolutions and the impositions of sanctions by the UNSC could be considered reform? I want to talk about it in terms of the Iran nuclear deal
Thanks:)

Yep, treaties count as reform as well

hey...
is an ombudsman a legal or non-legal measure!?
thanks.

Non-Legal

Hey Guys!!
Does anyone know 2 other points I could use for a crime essay about issues of compliance/non-compliance??
All I can think of is bail laws and the compliance of offenders in terms of breaching 'conditions'!!

tks

Compliance in terms of rehabilitation. The whole point of rehab is to encourage compliance with the legal system

Non Compliance with regards to jury misconduct. Juries trying to find the facts of the case outside of court, such as in R v Skaf, and R v Karakaya

Non Compliance with police not following their legal boundaries under LEPRA. i.e. in the unlawful arrest of Corey Barker and the Roberto Curti Taser Incident

hey guys, just making sure, is the use of soft-force in international affairs a non-legal mechanism in achieving world order?? thanks  :)

If you're referring to soft-force such as political persuasion, negotiation and force, then those are non legal

Hey guys another question- how could the development of R2P be seen as part of law reform for world order? Thanks!

The international document that introduced the concept of R2P can be considered law reform

Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 05:06:16 pm
Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.

Cheers, Wales

My paragraphs usually go legislation -> case -> media, and then I repeat the cycle, maybe leaving one of them out though. So for one paragraph it might be legislation -> case -> media -> case -> media (leaving legislation out if it doesn't seem relevant)
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 05:12:59 pm
Just wondering if we got crime prevention for the essay. Would we be able to stretch it and talk about deterrence at all? If so, do you reckon deterrence falls under situational or social?
Title: Re: Legal Studies Question Thread
Post by: annajpeterson on November 01, 2017, 05:18:10 pm
what points could you do for a world order essay on law reform?
Title: Re: Legal Studies Question Thread
Post by: spetsnaz on November 01, 2017, 05:24:47 pm
Just wondering if we got crime prevention for the essay. Would we be able to stretch it and talk about deterrence at all? If so, do you reckon deterrence falls under situational or social?
I'd say it's situational crime prevention because it prevents the offender from indulging in anti-social behaviour (for example).
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 05:43:57 pm
12 Daniel,   a   14-year-old,   is   convicted   of   a   public   order   offence.   This   is   his   first   recorded   
conviction.   
Which   of   the   following   is   the   most   likely   penalty   for   Daniel?
(A)    Caution
(B)    Warning
(C)    Probation
(D)    Community   service

Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?

EDIT

2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor

Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'
Title: Re: Legal Studies Question Thread
Post by: Anfar3 on November 01, 2017, 06:00:15 pm
Rodero - Situational crime prevention deals with modifying the physical environment in which a crime may occur so that the possibility of that crime to be carried out is reduced. This essentially does act as a deterrent in preventing crime as - the implementation of CCTV's in areas will reduce the likelihood of someone, for example stealing.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 06:00:42 pm
What could be the body paragraphs here aaaah

Anything you like really! Pretty much any response to World Order, any change of something existing or introduction of something new, is reform! ;D

For a broad question (for any topic) which say would be "effectiveness of law reform regarding contemp issues" - do we have to discuss all the contemp issues??

Nah, you could choose a couple ;D

Any ideas of what to focus on for the Human Rights ext. response?

It depends a bit on what the question is too! Make sure you are answering whatever question is in front of you :)

Hey guys I was wondering if resolutions and the impositions of sanctions by the UNSC could be considered reform? I want to talk about it in terms of the Iran nuclear deal
Thanks:)

Yep :)

hey guys, just making sure, is the use of soft-force in international affairs a non-legal mechanism in achieving world order?? thanks  :)

It is probably more appropriately called a legal mechanism since it would be guided primarily by the UN - Is that the sort of thing you mean? :)

Hey Guys!!
Does anyone know 2 other points I could use for a crime essay about issues of compliance/non-compliance??
All I can think of is bail laws and the compliance of offenders in terms of breaching 'conditions'!!
tks

Sentencing decisions and whether they discourage recidivism, and LEPRA (whether police have enough powers to enforce compliance) :)

Hey guys another question- how could the development of R2P be seen as part of law reform for world order? Thanks!

R2P is a shift away from a heavy focus on state sovereignty and shifting to a recognition that, in some cases, you need to intervene to protect human rights and maintain peace and security :)


Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on November 01, 2017, 06:02:06 pm
12 Daniel,   a   14-year-old,   is   convicted   of   a   public   order   offence.   This   is   his   first   recorded   
conviction.   
Which   of   the   following   is   the   most   likely   penalty   for   Daniel?
(A)    Caution
(B)    Warning
(C)    Probation
(D)    Community   service

Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?

EDIT

2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor

Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'


I'd have to assume since the question says he's already been convicted, the only answer can be D as it is a penalty(?). Might want someone else to clarify.

I don't know the answer to your 2nd question. I have always just accepted it to be the judge haha
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 06:03:05 pm
So Jamon, could this be an okay structure for World Order?

- introduction of the un charter
- unsc resolutions
- state soveringty’s impact on limiting the effectiveness of reform
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 06:03:37 pm
hi, i just wanted to know is bail granted/refused at the commital hearing, or if not then, when and how? thanks

It is a separate hearing held in a Local Court before the committal hearing, to my understanding :)

if an essay is on the effectiveness of legal and non legal responses do you need to focus on legal/non legal responses equally?

You can have a slight tendency towards legal :)

Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.

Cheers, Wales

Quality over quantity - I like to see a minimum of 3 :)

Just wondering if we got crime prevention for the essay. Would we be able to stretch it and talk about deterrence at all? If so, do you reckon deterrence falls under situational or social?

Yes, and it would be social usually but perhaps situational if there is an actual process that makes it more difficult for them to commit a crime again :)

what points could you do for a world order essay on law reform?

Pretty much anything! Any change or addition to how we respond to World Order is a reform :)
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on November 01, 2017, 06:04:30 pm
How would you show the marker you are addressing compliance and non-compliance? Do you constantly use the words "comply" and "does not comply", etc?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 06:05:25 pm
hey
i was wondering can compliance and cooperaiton be used interchnageablely in legal studies
thanks :)
Title: Re: Legal Studies Question Thread
Post by: rodero on November 01, 2017, 06:06:54 pm
I'd have to assume since the question says he's already been convicted, the only answer can be D as it is a penalty(?). Might want someone else to clarify.

I don't know the answer to your 2nd question. I have always just accepted it to be the judge haha

Oh my gosh your explanation on the first one just gave me that major epiphany moment. Thank you! Completely forgot that warnings and cautions are under alternatives, so I was confused them with penalties that are under sentencing and punishment
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 06:07:02 pm
12 Daniel,   a   14-year-old,   is   convicted   of   a   public   order   offence.   This   is   his   first   recorded   
conviction.   
Which   of   the   following   is   the   most   likely   penalty   for   Daniel?
(A)    Caution
(B)    Warning
(C)    Probation
(D)    Community   service

Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?

They've been convicted which means it couldn't have been a Warning or a Caution, you don't have a conviction there. D is the better answer of the remaining :)

Quote

EDIT

2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor

Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'


Question of law means a legal technicality, explaining how the law works with regard to a given scenario, not whether they are guilty or not. That is the judges role, to explain questions/technicalities of law to the untrained jury :)

So Jamon, could this be an okay structure for World Order?

- introduction of the un charter
- unsc resolutions
- state soveringty’s impact on limiting the effectiveness of reform

Yep! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on November 01, 2017, 06:08:08 pm
Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.

Cheers, Wales

It entirely depends on your essay structure. If you're doing a case per paragraph, so looking at the effectiveness of something as applied to different cases, then obviously you're going to do one case per paragraph and cite the relevant legislation where it's a thing. If the question is about law reform achieving justice - you might look at one piece of legislation per paragraph and talk about the reform, which cases brought the reform, and the media, etc. If your question is about non-legal and legal measures, then you're more likely to find yourself a bit more lost because the question doesn't lend itself to a specific structure as much in terms of cases and legislation, so that's when you need to plan your essay (even if just in your head) a little more to make sure you are ticking everything off. Your structure as you've presented above sounds great, and I'm sure there's plenty there to work with :)

Edit: tried to post this like three times and it kept coming up with someone else has posted, I might need to review my response hahaha
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 06:08:32 pm
How would you show the marker you are addressing compliance and non-compliance? Do you constantly use the words "comply" and "does not comply", etc?

Yep, or synonyms :)

hey
i was wondering can compliance and cooperaiton be used interchnageablely in legal studies
thanks :)

Compliance means obeying, so it is a little different to cooperation which implies equality (two nation states working together, for example, versus obeying a UN sanction) :)
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 06:22:28 pm
How good is the legal community <3 keen for the huge discussion post-exam! :P

Fingers crossed the hsc gods are kind to us tomorrow aka don’t ask international crime or young offenders ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 06:30:11 pm
hey guys
i was wondering - does sanction sfall under the use of force or persuation?
lol im sooo confused

thank you
Title: Re: Legal Studies Question Thread
Post by: hansolo9 on November 01, 2017, 06:31:47 pm
Hey

For world order, what are some good points/arguments to make about rules regarding hostilities or international humanitarian law?
Kinda stumped on this one with legislation or treaties other than Hague/Geneva C.
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 06:33:49 pm
can trade unions be used as a non-legal measure to force companies to comply with the law? ???
Title: Re: Legal Studies Question Thread
Post by: ruponti.atiq on November 01, 2017, 06:34:27 pm
prediction for shelter?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 06:34:57 pm
hi guys - im doing a law reform essay and was wondering if you could please quicky explain to me the reform surroudnign one punch and bail as i have confused myself beyond beleif lmao as so much has happened ive lost track and become confused =/
thank you sooo much! :)
Title: Re: Legal Studies Question Thread
Post by: katie,rinos on November 01, 2017, 07:06:24 pm
hi guys - im doing a law reform essay and was wondering if you could please quicky explain to me the reform surroudnign one punch and bail as i have confused myself beyond beleif lmao as so much has happened ive lost track and become confused =/
thank you sooo much! :)
Hey,
One punch laws: Were made following public outcry after the R v. Loveridge case (2013), after Loveridge only received min 4 years in jail. The Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW was made to try to prevent alcohol - fuelled violence. It included mandatory min and max sentences. If an offender was under the influence of drugs/alcohol they have a min sentence of 8 years and max 25years.
It also included the lockout laws in the CBD precinct between Kings Cross to Cockle Bay, and The Rocks to Haymarket and Darlinghurst. Bars, pubs and registered clubs within this area cannot admit any more guests after 1:30am and from after 3am cannot serve any alcohol. Bottle shops must close at 10pm.

Bail: The Bail Act 2013
Removes the offense-based presumption against bail, has an unacceptable risk assessment instead (based on factors such as severity of the crime, potential of harm and likeliness to return to court).

Hope this helps! Good luck for tomorrow!  ;D
Title: Re: Legal Studies Question Thread
Post by: spetsnaz on November 01, 2017, 07:07:56 pm
hi guys - im doing a law reform essay and was wondering if you could please quicky explain to me the reform surroudnign one punch and bail as i have confused myself beyond beleif lmao as so much has happened ive lost track and become confused =/
thank you sooo much! :)
One punch laws:
Stemmed on from mandatory sentencing, where judges discretion is limited --> The amendments to the Crimes (Sentencing Procedure) Act 2014 added minimum mandatory sentence of 8 years and a maximum sentence of 25 years for offenders that were intoxicated in public, leading to violence. --> use R v Loveridge
Bail:
Bail Act 1978 was criticised for undermining the 'presumption of innocence' which then lead to various amendments coming to the Bail Act 2013, which shifted views on the presumption of innocence to 'show cause', this was in response to the letting off of sexual offenders such as Man Monis which held the Sydney siege 6 days after being granted bail.
Title: Re: Legal Studies Question Thread
Post by: Korrasami on November 01, 2017, 07:15:11 pm
Hey everyone! Let's get a final run-down on what you think is gonna be the questions for the essays!!

Crime: Either law reform or criminal trial process, but I'm heading towards law reform.

Family: Compliance and non-compliance as general question and the contemporary issue could either be care and protection or changing nature of parental responsibility.

Consumers: Compliance and non-compliance and technology or product certification as contemporary issue.

 
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 07:19:31 pm
WORKPLACE IS THE BIGGEST STRUGGLE  :'( :'( :'(

Does anyone have any cases for Safety?? Because if so, please please share I will be eternally grateful.

And also, is it enough to brush up on the contemporary issues, and then have like a general understanding of the themes??
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 07:25:32 pm
One punch laws:
Stemmed on from mandatory sentencing, where judges discretion is limited --> The amendments to the Crimes (Sentencing Procedure) Act 2014 added minimum mandatory sentence of 8 years and a maximum sentence of 25 years for offenders that were intoxicated in public, leading to violence. --> use R v Loveridge
Bail:
Bail Act 1978 was criticised for undermining the 'presumption of innocence' which then lead to various amendments coming to the Bail Act 2013, which shifted views on the presumption of innocence to 'show cause', this was in response to the letting off of sexual offenders such as Man Monis which held the Sydney siege 6 days after being granted bail.

LEGEND! THANK YOU SOOO MUCH :))
Title: Re: Legal Studies Question Thread
Post by: ACCC on November 01, 2017, 07:29:02 pm
Hi! I just realised I have missed this question "assess the roles of alternative methods of sentencing" from the syllabus!! What exactly is this and what would I need to talk about? Thank you!
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 07:29:53 pm
WORKPLACE IS THE BIGGEST STRUGGLE  :'( :'( :'(

Does anyone have any cases for Safety?? Because if so, please please share I will be eternally grateful.

And also, is it enough to brush up on the contemporary issues, and then have like a general understanding of the themes??
someone else does workplace... wow!! good to hear ;) its a very dry topic  ???

Paris v Stepney Borough Council [1951] AC 367 is a case for safety although it is VERY old!!<< it was a case where an employee, because of a lack of safety was left almost completely blinded...
Scholem v NSW Department of Health [1992] is a case where the plaintiff was exposed to smoke during her time at work and went on to cause a series of asthmatic health problems..
as for your other question- i hope so, cause that is basically what i'm doing (although i hardly know safety and struggle on termination of employment;))

hope this helps
good luck in the exam tomorrow
~BK~
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 07:32:36 pm
Hey everyone! Let's get a final run-down on what you think is gonna be the questions for the essays!!

Crime: Either law reform or criminal trial process, but I'm heading towards law reform.

Family: Compliance and non-compliance as general question and the contemporary issue could either be care and protection or changing nature of parental responsibility.

Consumers: Compliance and non-compliance and technology or product certification as contemporary issue.

I’ll try seperate what I actually think from wishful thinking hahahaha

Crime: Criminal Trial Process, Law Reform, Sentencing and Punishment

World Order: compliance and non compliance, one of the contemporary issues other than R2P, Australia’s involvement in world order

Family: compliance and non compliance, care and protection, changing nature of parental responsibility, adoption
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 07:34:05 pm
hey guys
i was wondering if you could please help me understand what's with same sex couples relating to adoption and surrogacy. im so confused with whats with the two like the law etc on them

thank you very mcuh :)) 
Title: Re: Legal Studies Question Thread
Post by: spetsnaz on November 01, 2017, 07:43:58 pm
hey guys
i was wondering if you could please help me understand what's with same sex couples relating to adoption and surrogacy. im so confused with whats with the two like the law etc on them

thank you very mcuh :)) 
Under the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008, same sex couples can adopt a child. In relation to surrogacy, religiously, it provides outlets for same-sex couples to have children which can be against Christian lobby groups such as The Australian Christian Lobby group. Don't know if this answers your question though?
Title: Re: Legal Studies Question Thread
Post by: Korrasami on November 01, 2017, 07:55:49 pm
I’ll try seperate what I actually think from wishful thinking hahahaha

Crime: Criminal Trial Process, Law Reform, Sentencing and Punishment

World Order: compliance and non compliance, one of the contemporary issues other than R2P, Australia’s involvement in world order

Family: compliance and non compliance, care and protection, changing nature of parental responsibility, adoption

Seems solid! I think compliance and non-compliance would probably be the themes and challenges question this year, as it hasn't been asked since 2009-2010? I've noticed that there's usually a question that relates to the themes and challenges and one that's solely on a contemporary issue! Fingers crossed!

Good luck for tomorrow guys! <3
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 07:56:44 pm
someone else does workplace... wow!! good to hear ;) its a very dry topic  ???

Paris v Stepney Borough Council [1951] AC 367 is a case for safety although it is VERY old!!<< it was a case where an employee, because of a lack of safety was left almost completely blinded...
Scholem v NSW Department of Health [1992] is a case where the plaintiff was exposed to smoke during her time at work and went on to cause a series of asthmatic health problems..
as for your other question- i hope so, cause that is basically what i'm doing (although i hardly know safety and struggle on termination of employment;))

hope this helps
good luck in the exam tomorrow
~BK~

OH MY GOODNESS BLESS YOUR ANGELIC SOUL!!!!! <3

I feel your pain honestly... I've shared a google document with my class, would you like to check it out?
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 08:17:08 pm
hey guys
can domestic violence be used as law reform for crime?
thanks :)
Title: Re: Legal Studies Question Thread
Post by: phebsh on November 01, 2017, 08:25:54 pm
Hi! I just realised I have missed this question "assess the roles of alternative methods of sentencing" from the syllabus!! What exactly is this and what would I need to talk about? Thank you!

Hey, so I guess it means to discuss the regular (court) method of sentencing as well as circle sentencing and restorative justice and talk about whether you think one is more effective than the other, when each method is used and why, etc. Hope that helps a little? :)
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 08:39:18 pm
OH MY GOODNESS BLESS YOUR ANGELIC SOUL!!!!! <3

I feel your pain honestly... I've shared a google document with my class, would you like to check it out?
thanks for that, for some reason i could only get on to it and i couldnt log in  ???
but it all looks pretty amazing so far... only thing i did notice is remember that the workplace health and safety act 2011 replaced the occupational health and safety act 2000 <i think i noticed that you had talked about OHS somewhere, i may be wrong tho  ;)>
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 08:42:26 pm
GOOD LUCK TOMORROW
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on November 01, 2017, 08:46:25 pm
Hi! I just realised I have missed this question "assess the roles of alternative methods of sentencing" from the syllabus!! What exactly is this and what would I need to talk about? Thank you!

Circle Sentencing and Restorative Justice :)

Circle Sentencing is for adult indigenous Australians and has the full sentencing powers of the court, but is based on traditional methods of dispute resolution and Indigenous Customary Law. Restorative Justice is bringing together the offender and the victim, it gives the victim the opportunity to voice their experience and the offender can take responsibility for their actions. This first began in Wagga in 1991 :)

Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on November 01, 2017, 08:49:17 pm
hey guys
can domestic violence be used as law reform for crime?
thanks :)

Certain things absolutely. Domestic violence itself is no law reform - but the way that evidence is delivered can absolutely be seen as law reform, and there's plenty of media articles from around 2015 onwards pushing for more changes regarding domestic violence, especially lead by Rosie Battie. So you might find some things there!

GOOD LUCK TOMORROW


WOOOHOOO! Good luck and good night everyone. I'll be on tomorrow to put the answers to the paper up and to chat about the exam :)
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 08:51:12 pm
thanks for that, for some reason i could only get on to it and i couldnt log in  ???
but it all looks pretty amazing so far... only thing i did notice is remember that the workplace health and safety act 2011 replaced the occupational health and safety act 2000 <i think i noticed that you had talked about OHS somewhere, i may be wrong tho  ;)>

Hey, yeah so basically I split it into legal and non-legal, but since I couldn't find enough for the new Act in regards to legal, I just had a paragraph on what the old Act was, and then what differences the new Act brought.
Title: Re: Legal Studies Question Thread
Post by: paigek3 on November 01, 2017, 08:53:00 pm
I honestly have 15-25+ LCMID per essay planned and am trying to memorise it all, Ive done pretty well but there’s still a few I can’t remember because of course it’s heaps of stuff but it’s freakin me a little ahh!!

Should I try focus on really memorising the predicted things, and then a little less for others? Or equal for everything
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 01, 2017, 08:54:32 pm
thanks for that, for some reason i could only get on to it and i couldnt log in  ???
but it all looks pretty amazing so far... only thing i did notice is remember that the workplace health and safety act 2011 replaced the occupational health and safety act 2000 <i think i noticed that you had talked about OHS somewhere, i may be wrong tho  ;)>

https://docs.google.com/document/d/10Xvn2rSVaWKMlUhSB6_ZxIdYDXi0DGhslpgkW_XFY08/edit?usp=sharing
Title: Re: Legal Studies Question Thread
Post by: ~BK~ on November 01, 2017, 08:58:36 pm
WOOOHOOO! Good luck and good night everyone. I'll be on tomorrow to put the answers to the paper up and to chat about the exam :)
thanks so much for all your help elyse...
much appreciated and certainly didn't go unnoticed!!  ;D ;D
Title: Re: Legal Studies Question Thread
Post by: ACCC on November 01, 2017, 09:06:43 pm
Hey, so I guess it means to discuss the regular (court) method of sentencing as well as circle sentencing and restorative justice and talk about whether you think one is more effective than the other, when each method is used and why, etc. Hope that helps a little? :)


Thank you! Yes it did!!
Title: Re: Legal Studies Question Thread
Post by: sidzeman on November 01, 2017, 09:10:05 pm
For workplace, would you be able to discuss forced retirement for the contemporary issue of "leave" - its a stretch i know but im desperate
Also, do industrial awards cover minimum safety in the workplace?
Title: Re: Legal Studies Question Thread
Post by: rachelmassar on November 01, 2017, 09:20:30 pm
I honestly have 15-25+ LCMID per essay planned and am trying to memorise it all, Ive done pretty well but there’s still a few I can’t remember because of course it’s heaps of stuff but it’s freakin me a little ahh!!

Should I try focus on really memorising the predicted things, and then a little less for others? Or equal for everything

OMG I'm literally thinking the same thing like I have so much to memorise and I'm bargaining with myself not to do it :/
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on November 01, 2017, 09:23:25 pm
Hi guys! For the Option topics (I'm doing Workplace and Family), do they always have at least one of the questions related to the contemporary issues?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 09:41:30 pm
hey guys
i was wondering - does sanction sfall under the use of force or persuation?
lol im sooo confused

thank you

Persuasion! ;D

Hey

For world order, what are some good points/arguments to make about rules regarding hostilities or international humanitarian law?
Kinda stumped on this one with legislation or treaties other than Hague/Geneva C.

Those would be your main two, you could bring in nuclear pretty easily, perhaps bring in some examples of recent interstate and intrastate conflicts? In general I normally argue that the rules are ineffective at preventing loss of life and the collapse of peace and security - Plenty of examples to back that up ;D

can trade unions be used as a non-legal measure to force companies to comply with the law? ???

Yes :)

prediction for shelter?

Law reform :)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 09:44:28 pm
I honestly have 15-25+ LCMID per essay planned and am trying to memorise it all, Ive done pretty well but there’s still a few I can’t remember because of course it’s heaps of stuff but it’s freakin me a little ahh!!

Should I try focus on really memorising the predicted things, and then a little less for others? Or equal for everything

I think predictions are a bit of a falsehood - If you are prepared properly (which you definitely are), then a prediction won't help you because you are prepared for anything. I'd just work on everything equally ;D

Hi guys! For the Option topics (I'm doing Workplace and Family), do they always have at least one of the questions related to the contemporary issues?

It is common for at least one to relate to contemporary issues but it isn't a guarantee :)
Title: Re: Legal Studies Question Thread
Post by: chelseam on November 01, 2017, 10:09:31 pm
Hey everyone,

are transnational crimes usually heard in the Supreme Court? Or are they only heard there if they're serious? Thank you  ;D
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 10:11:12 pm
Hey everyone,

are transnational crimes usually heard in the Supreme Court? Or are they only heard there if they're serious? Thank you  ;D

Only if serious, but usually they are since a lot of transnational crimes are quite serious offences (I'm sure there are exceptions, but I'm not sure what they would be specifically) ;D
Title: Re: Legal Studies Question Thread
Post by: chelseam on November 01, 2017, 10:16:06 pm
Only if serious, but usually they are since a lot of transnational crimes are quite serious offences (I'm sure there are exceptions, but I'm not sure what they would be specifically) ;D
Sweet, thanks Jamon! :D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 10:16:19 pm
hey guys

i was wondering - if for any of the essays questions if they give us a quote do we have to quote it once or twice into our essay or take elements of the quote to use during our essays or how? I'm seeing it a lot and idk how to ensure i adequately answer it
i have an example of what i mean attached

thanks :)
Title: Re: Legal Studies Question Thread
Post by: mylinh-nguyen on November 01, 2017, 10:19:10 pm
what are some examples for law reform in crime, I have bail and SNPP but I don't know what else to add
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 10:25:22 pm
hey guys

i was wondering - if for any of the essays questions if they give us a quote do we have to quote it once or twice into our essay or take elements of the quote to use during our essays or how? I'm seeing it a lot and idk how to ensure i adequately answer it
i have an example of what i mean attached

thanks :)

I had to do this in my HSC exam without ever dealing with a quote in Legal before! I ended up paraphrasing it into my introduction and conclusions, and then throughout the response (topic sentences and conclusions usually) as I felt necessary. For this one, very easy to paraphrase the "injustice for victims bit" into your arguments, for example, putting quotes around it to make it clear what you are doing ;D

what are some examples for law reform in crime, I have bail and SNPP but I don't know what else to add

- Amendments to LEPRA to give police increased powers (particularly with regard to terrorism)
- One punch and lockout laws in response to R v Loveridge
- Amendments to the Jury Act to allow majority verdicts

Are a few additional ideas ;D
Title: Re: Legal Studies Question Thread
Post by: kiiaaa on November 01, 2017, 10:29:38 pm
I had to do this in my HSC exam without ever dealing with a quote in Legal before! I ended up paraphrasing it into my introduction and conclusions, and then throughout the response (topic sentences and conclusions usually) as I felt necessary. For this one, very easy to paraphrase the "injustice for victims bit" into your arguments, for example, putting quotes around it to make it clear what you are doing ;D

thanks soo much jamon!
Title: Re: Legal Studies Question Thread
Post by: mylinh-nguyen on November 01, 2017, 10:44:31 pm
I had to do this in my HSC exam without ever dealing with a quote in Legal before! I ended up paraphrasing it into my introduction and conclusions, and then throughout the response (topic sentences and conclusions usually) as I felt necessary. For this one, very easy to paraphrase the "injustice for victims bit" into your arguments, for example, putting quotes around it to make it clear what you are doing ;D

- Amendments to LEPRA to give police increased powers (particularly with regard to terrorism)
- One punch and lockout laws in response to R v Loveridge
- Amendments to the Jury Act to allow majority verdicts

Are a few additional ideas ;D
tthank you so much!
Title: Re: Legal Studies Question Thread
Post by: biancafischer99 on November 01, 2017, 10:57:16 pm
Does it matter if media articles are made up? Will the markers notice?
Title: Re: Legal Studies Question Thread
Post by: Korrasami on November 01, 2017, 11:20:09 pm
Does it matter if media articles are made up? Will the markers notice?

Try and make them sound legitimate as possible, however I would also recommend learning at least a couple of media articles just so it doesn't look obvious that you've made media articles up. But if you really can't remember them, then making up articles would be your best bet (ONLY if you really can't remember them)
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 01, 2017, 11:22:01 pm
Does it matter if media articles are made up? Will the markers notice?

So it definitely matters, the question is whether it will be noticed. I know people who did it and did fine, but ultimately doing it opens you up to lose marks you wouldn't have otherwise lost. All it takes is them noticing one made up case/media, and you've lost your credibility. I'd personally avoid it :)
Title: Re: Legal Studies Question Thread
Post by: Vinnnnnnyyyyyy on November 01, 2017, 11:53:42 pm
What's a good criminal investigation process law reform to talk about? I was thinking police powers but I don't know the exact name of the amendment.
Title: Re: Legal Studies Question Thread
Post by: littleshreep on November 02, 2017, 01:19:10 am
What's a good criminal investigation process law reform to talk about? I was thinking police powers but I don't know the exact name of the amendment.

LEPRA (reforms in 2014 and 2016)
and also Terrorism reforms - Anti-Terror Act (2002) - preventative detention, Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 (NSW) - investigative detention following Curtis Cheng death, Terrorism (Police Powers and Parole) Bill 2017 {introduced as an amendment through Terrorism Act 2002} - use of lethal powers following coronial inquest on 2014 Lindt siege, 2005 amendment to Terrorism Act 2002 (NSW) - covert search powers
Title: Re: Legal Studies Question Thread
Post by: rodero on November 02, 2017, 06:33:45 am
GOOD LUCK TODAY EVERYONE!  :) :) :)
Title: Re: Legal Studies Question Thread
Post by: sidzeman on November 02, 2017, 06:40:42 am
For short answer "assess the effectiveness questions" are you able to argue something was of moderate effectiveness, or does it have to a wholly on either good or bad
Title: Re: Legal Studies Question Thread
Post by: spetsnaz on November 02, 2017, 06:45:50 am
For short answer "assess the effectiveness questions" are you able to argue something was of moderate effectiveness, or does it have to a wholly on either good or bad
Of course you can.
Title: Re: Legal Studies Question Thread
Post by: sidzeman on November 02, 2017, 07:04:40 am
Is the Australian Law reform committee a non legal response?
Title: Re: Legal Studies Question Thread
Post by: spetsnaz on November 02, 2017, 07:12:44 am
Is the Australian Law reform committee a non legal response?
It's a form of soft law, so it's not legally binding.
Title: Re: Legal Studies Question Thread
Post by: Wales on November 02, 2017, 09:01:53 am
Goodluck ya'll :DD Keeen to finish legal 
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on November 11, 2017, 12:20:57 pm
In the Gordon Wood case, what would constitute as actus reus and mens rea if the cause of the victim's death is still somewhat ambiguous?
Title: Re: Legal Studies Question Thread
Post by: NowYouTseMe on November 12, 2017, 10:22:16 am
In the Gordon Wood case, what would constitute as actus reus and mens rea if the cause of the victim's death is still somewhat ambiguous?

imo actus reus would be any action of Gordon Wood that directly resulted in the death of Caroline Byrne, whether it be physically pushing or otherwise. As the initial conviction was for murder, the standard of mens rea would be that of the higher degree detailed in s18(1) of the Crimes Act 1900 which is with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm. One would also have to consider in a case like this where there was no eyewitness, the causation between Gordon Wood's actions and the death of Caroline Byrne to prove actus reus. Hope this helped
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on November 13, 2017, 08:25:05 am

imo actus reus would be any action of Gordon Wood that directly resulted in the death of Caroline Byrne, whether it be physically pushing or otherwise. As the initial conviction was for murder, the standard of mens rea would be that of the higher degree detailed in s18(1) of the Crimes Act 1900 which is with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm. One would also have to consider in a case like this where there was no eyewitness, the causation between Gordon Wood's actions and the death of Caroline Byrne to prove actus reus. Hope this helped

Thankyou so much, that helped so much! The thing I'm a bit iffy about though, what was the mens rea? How did they prove that if he denied even doing it to begin with?
Title: Re: Legal Studies Question Thread
Post by: SSSS on November 16, 2017, 03:11:17 pm
Hey you know how the syllabus is changing for english maths and science, legal will stay the same right? Because like business and legal were changed in 2012 so they wouldn't change it now? I really hope yes as my notes were so extensive and I don't want them to be redundant for further years. Thanks!! :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on November 16, 2017, 05:45:21 pm
Hey you know how the syllabus is changing for english maths and science, legal will stay the same right? Because like business and legal were changed in 2012 so they wouldn't change it now? I really hope yes as my notes were so extensive and I don't want them to be redundant for further years. Thanks!! :)

Legal is staying the same! Congratulations on making great notes :)

How have you organised them? Digitally? Written? Cases? I'm keen to know :)
Title: Re: Legal Studies Question Thread
Post by: SSSS on November 16, 2017, 06:31:59 pm
Thank you so much!!!!!! Probably best thing to hear after this hectic year haha. I love typing up my notes but my school kept making us write it out to ensure when it got to trials and exams, we didn't have issues of hands getting sore, writing too slow or bah handwriting etc. So like legal some written but eventually like Family there is so much information that I just had to type. I did get told off but it was worth it. At the end it was easier to learn my options than the core topics as they were typed and easily edited.
Title: Re: Legal Studies Question Thread
Post by: rasha25 on November 21, 2017, 10:24:08 pm
Hi, I recently entered year 12 and I have an exam for Legal Studies in 2 weeks I wrote a pre-written essay and was wondering to hopefully get it marked out of 15. All feedback is welcomed, have a lovely day.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 21, 2017, 10:46:47 pm
Hi, I recently entered year 12 and I have an exam for Legal Studies in 2 weeks I wrote a pre-written essay and was wondering to hopefully get it marked out of 15. All feedback is welcomed, have a lovely day.

Hey! If you click this link you'll be directed to post it in our marking section, you'll might have more luck getting feedback there! ;D
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on November 25, 2017, 12:48:26 pm
Hey,
I have an essay for the Legal crime assessment on Tuesday and I was wondering if you could take a look and possibly give me some feedback based on the start that I've made to my inefficiency paragraph? I don't know what the question will be, but I've written this based on "Evaluate the effectiveness of the criminal investigation system at achieving justice". Also, my word count is a bit high, so if there's anything that is redundant or I could cut then please tell me. Thanks :)

The inefficiency of society's unhealthy reliance on forensic technology renders the Criminal Investigation Process as ineffective. Outlining the standards of DNA collection, the Crimes (Forensic Procedures) Act 2000 (NSW) was passed to ensure forensic evidence is ethically obtained and free from interference. However, in R v Jama (2008), Jama was wrongfully convicted for rape due to "CSI" effect, where jurors are, “seduced” (SMH 2014) by DNA due to their misconceived notions of it being a foolproof mechanism. Despite compelling evidence corroborating Jama’s alibi being elsewhere at time of the attack, the jury’s reach of a guilty verdict solely on the basis of DNA profiling emphasises the way in which the prosecution tactfully allows this “CSI effect” to cloud their genuine judgement by drawing their focus on the existence of the match, rather than the possibility of contamination.
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on November 25, 2017, 05:12:07 pm
Hey,
I have an essay for the Legal crime assessment on Tuesday and I was wondering if you could take a look and possibly give me some feedback based on the start that I've made to my inefficiency paragraph? I don't know what the question will be, but I've written this based on "Evaluate the effectiveness of the criminal investigation system at achieving justice". Also, my word count is a bit high, so if there's anything that is redundant or I could cut then please tell me. Thanks :)

Sure!

The inefficiency of society's unhealthy reliance on forensic technology renders the Criminal Investigation Process as ineffective. Saying 'unhealthy' in this context is a bit of a colloquialism, so you can probably ditch that bit. Outlining the standards of DNA collection, the Crimes (Forensic Procedures) Act 2000 (NSW) was passed to ensure forensic evidence is ethically obtained and free from interference. Good. However, in R v Jama (2008), Jama was wrongfully convicted for rape due to "CSI" effect, where jurors are, “seduced” (SMH 2014) by DNA due to their misconceived notions of it being a foolproof mechanism. Despite compelling evidence corroborating Jama’s alibi being elsewhere at time of the attack, the jury’s reach of a guilty verdict solely on the basis of DNA profiling emphasises the way in which the prosecution tactfully allows this “CSI effect” to cloud their genuine judgement by drawing their focus on the existence of the match, rather than the possibility of contamination. I think this is a tiny bit too long to be delving into the specifics of a single case - You don't need to lay out how the CSI effect played out in this case if you don't want to. You can be quicker and punchier - The audience can garner how the effect would have impacted the verdict themselves, so you can focus on evaluative judgements ("Thus showing the ineffectiveness of...") and introducing additional evidence :)
Title: Re: Legal Studies Question Thread
Post by: NowYouTseMe on December 02, 2017, 11:54:22 pm
Sure!

The inefficiency of society's unhealthy reliance on forensic technology renders the Criminal Investigation Process as ineffective. Saying 'unhealthy' in this context is a bit of a colloquialism, so you can probably ditch that bit. Outlining the standards of DNA collection, the Crimes (Forensic Procedures) Act 2000 (NSW) was passed to ensure forensic evidence is ethically obtained and free from interference. Good. However, in R v Jama (2008), Jama was wrongfully convicted for rape due to "CSI" effect, where jurors are, “seduced” (SMH 2014) by DNA due to their misconceived notions of it being a foolproof mechanism. Despite compelling evidence corroborating Jama’s alibi being elsewhere at time of the attack, the jury’s reach of a guilty verdict solely on the basis of DNA profiling emphasises the way in which the prosecution tactfully allows this “CSI effect” to cloud their genuine judgement by drawing their focus on the existence of the match, rather than the possibility of contamination. I think this is a tiny bit too long to be delving into the specifics of a single case - You don't need to lay out how the CSI effect played out in this case if you don't want to. You can be quicker and punchier - The audience can garner how the effect would have impacted the verdict themselves, so you can focus on evaluative judgements ("Thus showing the ineffectiveness of...") and introducing additional evidence :)

further onto this, despite the paragraph being an 'inefficiency' themed one, there needs to be some sort of evidence leading towards the criminal investigation process being at least partially efficient as within the legal system, there is no entirely efficient or entirely inefficient portion; imo you need to make a judgement on to what extent the criminal investigation system is effective in achieving justice, ideally based on the criteria outlined at the end of the prelim 'Law in Practice' syllabus. Also, I feel like there are stronger body paragraphs than just forensic evidence ie bail/remand, anti-terrorism laws relating to preventative detention, straight up police powers etc
Title: Re: Legal Studies Question Thread
Post by: millie.w on February 04, 2018, 03:41:41 pm
What is the difference between the term 'life imprisonment' and 'imprisonment for life'? Or do they mean the same thing?
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 04, 2018, 04:01:01 pm
What is the difference between the term 'life imprisonment' and 'imprisonment for life'? Or do they mean the same thing?

Welcome to the forums!! Yep, those mean the same thing ;D
Title: Re: Legal Studies Question Thread
Post by: millie.w on February 04, 2018, 09:48:39 pm
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on February 04, 2018, 10:30:17 pm
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?

hey!

your question has been answered above. :-)
Title: Re: Legal Studies Question Thread
Post by: chelseam on February 04, 2018, 11:28:11 pm
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?
Hey there! 'Life imprisonment' refers to a 25 year sentence, and I think the other term that you're referring to might be 'natural life imprisonment' - this means that the sentence applies for the rest of the offender's life :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 05, 2018, 11:06:45 am
I'm not sure if I heard wrong, but Elyse mentioned in her latest lecture something about two terms (something like 'life imprisonment' and 'imprisonment for life') that sound similar but do not actually mean the same thing?

Hey Millie! Just echoing the above - sometimes people will be imprisoned for the full term of their natural life. I see this mostly when there are compounds of sentences put together for different charges usually regarding a similar event - maybe a murder, an assault, and interference with a corpse, for example. Then there is 25 years "life" imprisonment which is far more common and typically what any kind of HSC question will mean when referring to life imprisonment.
Title: Re: Legal Studies Question Thread
Post by: millie.w on February 05, 2018, 08:08:34 pm
Does NSWPD stand for New South Wales Police Department? Because it's in the Course Notes but I'm not entirely sure what it means
Title: Re: Legal Studies Question Thread
Post by: chelseam on February 05, 2018, 11:37:25 pm
Does NSWPD stand for New South Wales Police Department? Because it's in the Course Notes but I'm not entirely sure what it means
Hey Millie, can you give me the sentence where you found NSWPD for some context? I think it might stand for NSW Parlimantary Debates, but I just want to make sure :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 06, 2018, 09:45:33 am
Does NSWPD stand for New South Wales Police Department? Because it's in the Course Notes but I'm not entirely sure what it means

I'm 99% sure it's meant in the context of the New South Wales Police Department :)
Title: Re: Legal Studies Question Thread
Post by: Nadim on February 12, 2018, 04:30:47 pm
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 12, 2018, 05:12:58 pm
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?

Hey Nadim! I could say lots, but I'll stick to something I think is the most important. You study the Nature and Development of Human Rights early on - slavery, trade unionism, education, etc. Make sure you understand all of these equally well. It's not a "pick your favourite" because the exam could examine you on any one of them! So make sure you give them all equal attention, which I'm sure your text book does, as you learn them. This way you're not putting all of your energy into slavery, and then ignoring environmental rights - which could potentially be what you're examined on solely for a short answer!
Title: Re: Legal Studies Question Thread
Post by: Claudiaa on February 12, 2018, 05:23:52 pm
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?

My school did the Human Rights topic first (before crime) and what I would personally say is to really make sure your notes are detailed on each nature of development of human rights - have at least one case (if possible) I know for the abolishment of slavery I knew it was article 4 of the UDHR and I knew a contemporary case (R v Wei Tang in Aus) but also something that's REALLY important is to remember the characteristics of Human Rights (i.e. inalienable, inherent, indivisible, interdependent etc) I see these questions coming up all the time in multiple choice

Human rights (personally) isn't content heavy and since you are only getting short answers on it I recommend DOING SHORT ANSWERS! All of the past hsc exams are what I used in preparation for my assesment task and I ranked 1st (because these practice questions helped me significantly) Also since it's not content heavy, you can really use the extra memorising space in your brain (does that make sense haha) to just go that extra step and add MORE detail (cases, know sections of the constituion really well and legislations)
Title: Re: Legal Studies Question Thread
Post by: bimberfairy on February 12, 2018, 11:29:46 pm
Hello! I'm currently studying human rights in class, we've only had one lesson, but any tips you would personally recommend for this specific topic in terms of cases, essays or legislation?

Hi! The others have already responded but I thought I'd chuck in my two cents too :) For the Human Rights topic, make sure you know or are familiar with EVERYTHING, because they can literally chuck any question at you in the exam (Short answers section... Yay!....) I had cases, international AND domestic legislation, and media articles for nearly every dotpoint in the Human Rights syllabus. Case studies are so important when responding to short answer questions and you want to make sure you've got evidence to back up what you're saying.

The general structure that I used when talking about a Human Rights concept in my notes: Definition --> Description or extra information --> Examples (cases, media articles, legislation) --> Ineffective and effectiveness

For the contemporary issue, you want to make sure you know a good amount of information because they usually allocate a large amount of marks to the question (6 or 8) In my notes, I usually wrote about the non-legal and legal responses of the domestic and international responses, and the effectiveness and ineffectiveness of each.

And I totally agree with Elyse's point! Definitely learn all those types of rights equally and don't favour one over the other. When I was studying, I put alot of my time into learning about the right to education (because it was super interesting) and in the HSC, trade union rights (which I didn't study much at all) was the short-answer question thrown at us. Whoops....
Title: Re: Legal Studies Question Thread
Post by: Nadim on February 13, 2018, 02:27:27 pm
Hey Nadim! I could say lots, but I'll stick to something I think is the most important. You study the Nature and Development of Human Rights early on - slavery, trade unionism, education, etc. Make sure you understand all of these equally well. It's not a "pick your favourite" because the exam could examine you on any one of them! So make sure you give them all equal attention, which I'm sure your text book does, as you learn them. This way you're not putting all of your energy into slavery, and then ignoring environmental rights - which could potentially be what you're examined on solely for a short answer!


Thanks so much! This will really help me since I tend to focus on parts I really enjoy!
Title: Re: Legal Studies Question Thread
Post by: Nadim on February 19, 2018, 10:38:10 am
Hello, sorry to ask a question again :) but we just received our assessment for human rights and for my extended response I’m focusing on the topic of discrimination against women and we have to evaluate the effectiveness of it with legal and non-legal responses. I’m thinking I should focus on the Middle East since women tend to be discriminated there. Do you have any advice for this or recommendations because I’m a bit stuck on the legislation and what legal and non-legal responses would go with it. Thanks so much
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 19, 2018, 12:55:16 pm
Hello, sorry to ask a question again :) but we just received our assessment for human rights and for my extended response I’m focusing on the topic of discrimination against women and we have to evaluate the effectiveness of it with legal and non-legal responses. I’m thinking I should focus on the Middle East since women tend to be discriminated there. Do you have any advice for this or recommendations because I’m a bit stuck on the legislation and what legal and non-legal responses would go with it. Thanks so much

Hi Nadim! Never apologise for asking a question here :)

Does your teacher mind if you focus on a different country when looking at legal and non-legal measures? I recommend choosing one where you can evaluate Australian legal measures, just because it's within a system you already understand - and then also international legal measures as well. There's nothing to say you can't focus on issues in other countries, I'm suggesting it just might be easier to focus on Australia-based issues because you can talk about the domestic legislation with all of the knowledge you've gathered so far. You could definitely take a cross-country approach here - and talk about women's rights being developed and protected at different rates across different countries.

In Russia, marital immunity to assault (DV) has been removed. In Africa, FGM is a legal practice in several countries. I noticed something brief in a video I saw of the NZ PM this morning saying something about gender-discrimination laws they have introduced in the most recent government - you might be able to link to that.

I've also read something recently about particular countries needing women to prove permission to travel abroad from their husbands. I seemed to remember it was Lebanon but a quick google search took me to this article about Delhi: https://thewire.in/48611/passport-procedures-discriminatory-humiliating-especially-women/

Let me know what you think or how you go with it :)
Title: Re: Legal Studies Question Thread
Post by: Tristan1 on February 19, 2018, 04:50:19 pm
I'm new here, nice to meet you all :)) Looks like several people are doing human rights and extended responses so that makes my question pretty familiar  :D  For our human rights task (which is pretty much the same as Nadim's one with legal and non-legal responses, and we can look at any country, but choose one case and base it around that) I am looking at arbitrary detention and I do have a small idea of what it is, but I need some clarification and also I'm kinda stuck on what cases to look at plus like the legislation and legal responses. I read an article about journalists in Sudan who are being held in detention, but I feel like there are better cases, but my teacher wants it to be  recent so yeah  ;D  :) :) :)
Title: Re: Legal Studies Question Thread
Post by: elysepopplewell on February 19, 2018, 09:02:16 pm
I'm new here, nice to meet you all :)) Looks like several people are doing human rights and extended responses so that makes my question pretty familiar  :D  For our human rights task (which is pretty much the same as Nadim's one with legal and non-legal responses, and we can look at any country, but choose one case and base it around that) I am looking at arbitrary detention and I do have a small idea of what it is, but I need some clarification and also I'm kinda stuck on what cases to look at plus like the legislation and legal responses. I read an article about journalists in Sudan who are being held in detention, but I feel like there are better cases, but my teacher wants it to be  recent so yeah  ;D  :) :) :)

'Tis the season for Human Rights!

Check out this group: http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx
They will give you a lot of resources and statistics to look into. Journalist Peter Greste comes to mind, he was held in Egypt because he was suspected of supporting the Muslim Brotherhood. He was an Al Jazeera journalist when he was arrested and held. But from what I remember, there was no evidence at all to suggest he was supporting the Muslim Brotherhood. This happened during my HSC, so must've been 2015.

You could even be more specific and look at Journalist's rights around the world. Or, Journalists held arbitrarily. The only Maltese reporter for the Panama Files was blown up in a car bomb late last year.

Definitely look at the right to liberty when looking at arbitrary detention. Guantanamo Bay comes to mind too...
Title: Re: Legal Studies Question Thread
Post by: markkhodair on February 24, 2018, 02:25:46 pm
Hey,

I'm writing a response to this crime question given by my teacher: Assess the effectiveness of the criminal trial process as a means of achieving justice and wanted to talk about the role of juries. Is it right to say that the fact that they were selected at random from the electoral role, creates an unbiased trial, which ensures procedural fairness and natural justice?

Thank you!
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on February 24, 2018, 03:58:49 pm
Hey,

I'm writing a response to this crime question given by my teacher: Assess the effectiveness of the criminal trial process as a means of achieving justice and wanted to talk about the role of juries. Is it right to say that the fact that they were selected at random from the electoral role, creates an unbiased trial, which ensures procedural fairness and natural justice?

Thank you!

hi!

i reckon you're right :-) in saying that, it might be worth looking into cases of jury misconduct. you can then argue that although the jury system does try to achieve justice, there have been times where this isn't the case. remember, everything is partially effective; not everything works out perfectly.

hope this helps!
Title: Re: Legal Studies Question Thread
Post by: markkhodair on February 24, 2018, 04:06:13 pm
hi!

i reckon you're right :-) in saying that, it might be worth looking into cases of jury misconduct. you can then argue that although the jury system does try to achieve justice, there have been times where this isn't the case. remember, everything is partially effective; not everything works out perfectly.

hope this helps!

Thank you, it does! I used the Bilal Skaf case and talked about how the two jurors who went to visit the scene could have created bias and an unfair trial for Skaf.
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on February 24, 2018, 05:00:25 pm
Hey, I've been struggling to discern between crimes against the international community and transnational crimes, in terms of categorising certain offences. Like I completely understand their definitions, but I feel like so many aspects of each overlap with the other to a point where distinction can become a tad ambigious? For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X
Title: Re: Legal Studies Question Thread
Post by: emilyygeorgexx on February 24, 2018, 05:38:39 pm
Hey, I've been struggling to discern between crimes against the international community and transnational crimes, in terms of categorising certain offences. Like I completely understand their definitions, but I feel like so many aspects of each overlap with the other to a point where distinction can become a tad ambigious? For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X

Hey!

My understanding is that transnational crimes are offences that involve 2 or more jurisdictions. They initially take place within one country but have international law consequences in the other country. The offenders will be prosecuted under the domestic law of that country's jurisdiction. For example,  in R v Wei Tang 2008 she was charged with slavery in Australia but it then became a transnational crime when discovered the prostitutes she gathered were from Thailand.

However, crimes against the international community are crimes committed by individuals and states which are seen as wrong by the international community. Crimes against the international community include war crimes, crimes against humanity, genocide and crimes of aggression (since 2017). For example, Thomas Lubanga Dylio was convicted for war crimes and crimes against humanity for using children under the age of 15 as soldiers.

Hopefully that helped some how :)
Title: Re: Legal Studies Question Thread
Post by: Lumenoria on February 25, 2018, 10:06:09 am

Hey!

My understanding is that transnational crimes are offences that involve 2 or more jurisdictions. They initially take place within one country but have international law consequences in the other country. The offenders will be prosecuted under the domestic law of that country's jurisdiction. For example,  in R v Wei Tang 2008 she was charged with slavery in Australia but it then became a transnational crime when discovered the prostitutes she gathered were from Thailand.

However, crimes against the international community are crimes committed by individuals and states which are seen as wrong by the international community. Crimes against the international community include war crimes, crimes against humanity, genocide and crimes of aggression (since 2017). For example, Thomas Lubanga Dylio was convicted for war crimes and crimes against humanity for using children under the age of 15 as soldiers.

Hopefully that helped some how :)

Yeah, that made it a bit clearer, thankyou so much love! Xx
Title: Re: Legal Studies Question Thread
Post by: jamonwindeyer on February 25, 2018, 11:16:45 am
For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X

Great example above! Just adding that the definitions can most certainly overlap, and I'd say that is the case with your example - But in an essay you'd probably consider it a crime against the international community. Reserve transnational crime as a definition for things like drug trafficking, piracy, etc. Basically, if it is both, probably just call it a crime against the international community ;D
Title: Re: Legal Studies Question Thread
Post by: aneesha.dean on February 26, 2018, 08:15:38 pm
Hey!
I'm kinda new to this so i'm not sure if this question has been asked, but in terms of LCM's, should i be trying to find one for each syllabus dot point? Or is that too excessive? I am not too sure with how to gather cases as new ones keep popping up and my teacher is always saying that the more recent it is, the better! But then again, i want to try and find all the cases now so i don't have to do it later on in the year,  but then what happens if my cases are outdated compared to my peer's cases. omg im too confused about this hahaha and i don't know what im doing! Also, i am so glad that the ATAR notes text book came with cases that links with many syllabus dot points! Elyse you are a blessing, that text book is my holy grail in class and i am so thankful for it!

Thank You!
Aneesha xx
Title: Re: Legal Studies Question Thread
Post by: fantasticbeasts3 on February 26, 2018, 08:42:18 pm
Hey!
I'm kinda new to this so i'm not sure if this question has been asked, but in terms of LCM's, should i be trying to find one for each syllabus dot point? Or is that too excessive? I am not too sure with how to gather cases as new ones keep popping up and my teacher is always saying that the more recent it is, the better! But then again, i want to try and find all the cases now so i don't have to do it later on in the year,  but then what happens if my cases are outdated compared to my peer's cases. omg im too confused about this hahaha and i don't know what im doing! Also, i am so glad that the ATAR notes text book came with cases that links with many syllabus dot points! Elyse you are a blessing, that text book is my holy grail in class and i am so thankful for it!

Thank You!
Aneesha xx

Hi! No worries about being new - you'll get sucked into the deep, dark hole that is AN soon enough. ;)

As for your LCMs, 1 for each syllabus dot point is pretty good. :-) Personally, I tried to have 4-5 for each "section" of the syllabus, so say for the Criminal Trial Process, I tried to cover everything I could write about in an essay with an LCM. If you're having trouble keeping up with new cases, just stick with media articles for those - titles are easier to remember, and you can make up a few things if you really need to, hahah. As long as you have evidence backing up your points, you're good; the cases don't have to be updated to today, or something like that. Looking for cases can be something you do to break up your study. :-)

All the best for Legal (it really is an amazing subject), and the rest of your HSC,
fantasticbeasts
Title: Re: Legal Studies Question Thread
Post by: aneesha.dean on February 26, 2018, 09:04:28 pm
Hi! No worries about being new - you'll get sucked into the deep, dark hole that is AN soon enough. ;)

As for your LCMs, 1 for each syllabus dot point is pretty good. :-) Personally, I tried to have 4-5 for each "section" of the syllabus, so say for the Criminal Trial Process, I tried to cover everything I could write about in an essay with an LCM. If you're having trouble keeping up with new cases, just stick with media articles for those - titles are easier to remember, and you can make up a few things if you really need to, hahah. As long as you have evidence backing up your points, you're good; the cases don't have to be updated to today, or something like that. Looking for cases can be something you do to break up your study. :-)

All the best for Legal (it really is an amazing subject), and the rest of your HSC,
fantasticbeasts


Thank you so much! you've helped me clear up my confusion ahaha heres a dad joke to show my gratefulness:

Wanna hear a joke about paper?
Never mind...Its tearable.
Title: Re: HSC Legal Studies Question Thread
Post by: martinarena_ on March 02, 2018, 11:44:50 am
Hi there!
In relations to human rights what's an example of an international statutory authority (found under part 2, promoting and enforcing human rights)? The textbook was kinda confusing  :o

Thank you :))
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 03, 2018, 12:10:20 am
Hi there!
In relations to human rights what's an example of an international statutory authority (found under part 2, promoting and enforcing human rights)? The textbook was kinda confusing  :o

Thank you :))

It's a body that is set up by (and usually oversees compliance of) an international agreement, essentially! It's a bit of a silly name because it's not statutes they are enforcing, but that's the syllabus at times, a little silly ;)

Easy example - The Human Rights Committee! :)
Title: Re: HSC Legal Studies Question Thread
Post by: martinarena_ on March 03, 2018, 11:12:55 am
It's a body that is set up by (and usually oversees compliance of) an international agreement, essentially! It's a bit of a silly name because it's not statutes they are enforcing, but that's the syllabus at times, a little silly ;)

Easy example - The Human Rights Committee! :)

Haha too true!
Sweet, thanks Jamon  :)
Title: Re: HSC Legal Studies Question Thread
Post by: LOVEPHYSICS on March 04, 2018, 02:35:03 pm
I should add that a statutory authority simply means a body set up by law, and more particularly by a legislative body (in an international context, that would mainly be the states themselves, acting in relation to one another per treaty law). The 'statutory'  part merely speaks to the source of that authority, rather than about its activities. Indeed, there all kinds of statutory authorities, some are empowered to make laws and regulations; others findings and determinations etc.


 

Title: Re: HSC Legal Studies Question Thread
Post by: Tristan1 on March 05, 2018, 10:35:21 am
Thanks for the help so far, it’s amazing :) another question has come up! What would you say are the legal and non-legal responses to arbitrary detention?

Thanks
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 05, 2018, 08:14:00 pm
Thanks for the help so far, it’s amazing :) another question has come up! What would you say are the legal and non-legal responses to arbitrary detention?

Thanks

Hey! Glad we have been helpful - So I'm guessing you are still doing human rights here? Look at all things associated with the promotion/enforcement of the ICCPR, freedom from arbitrary detention is Article 9, so measures you've learnt about there will almost definitely be applicable here as well. You could also look at how it is handled domestically - Perhaps extending to the idea of the Separation of Powers and how that acts as a checks and balances system that safeguards against arbitrary detention? It's not something the syllabus explicitly would ask of you here but it could be a good link to draw if you are looking for ammunition for an essay :)
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on March 13, 2018, 08:47:02 pm
Hey!!

I have been doing some general essay plans for our option of 'World Order' and been flipping the plans to fit the themes and challenges.

How do you think I could flip an essay plan for "The impact of changing values and ethical standards on world order"

Thanks :)
Title: Re: HSC Legal Studies Question Thread
Post by: rutilantel on March 13, 2018, 09:06:07 pm
Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?

Thanks again! Appreciate it!  8)
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on March 13, 2018, 10:02:02 pm
Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?

Thanks again! Appreciate it!  8)
Hey,
These terms are both really easy to get confused with each other.

Separation of powers: Separates the powers of the state into three parts aiming to stop absolute power occurring.
The legislative - Makes the law (parliament)
The executive - Administers the law (Government)
Judicature - Interprets the law (Courts)

Division of powers: Seperates federal power and jurisdiction from the states.
Exclusive powers: The constitution sets out the jurisdictional powers of the federal parliament (s51). (E.g currency).
Residual powers: Powers that belong to the state-they aren’t mentioned in s51. (E.g transport, education.)
Concurrent powers: Where both federal and state have jurisdiction. (E.g Taxation, divorce)
The federal parliament overrules state if a conflict occurs.

Hope this helps :D
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on March 13, 2018, 10:06:46 pm
Hello! I have a question, I'm not too sure if it's already been asked yet!
I'm currently studying preliminary legal studies, and the question I can't seem to understand is:
What is the difference between the division of powers and the seperation of powers?

Thanks again! Appreciate it!  8)

Hey!

So the division of powers is the way legislative power is divided between the Australian (Commonwealth or Federal) governments and the state governments. So the Commonwealth Government has exclusive powers which are listed under Section 52 of the Constitution. The state governments have residual powers and the power held by both the state and Commonwealth government are known as concurrent powers and are defined by Section 51 of the Constitution.

However, when the state and Commonwealth government make a law about the same thing, the Commonwealth government always override. Except there are some exceptions which are found under Section 109 of the Constitution.

On the other hand, the separation of powers is how powers and responsibilities are divided among different branches. So you have the Legislature who is responsible for making statute laws. The Executive administer the laws and put them into action. Lastly, the judiciary interprets the law (make judgements). Remember that each of these branches don't exist in pure form as some people in the Legislature may also be in the Executive, etc.

If you have trouble remembering which is which, the best way I found is took the 'P' in separation of powers and I now always think of that as people (so referring to the different people involved).

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 13, 2018, 10:47:49 pm
Hey!!

I have been doing some general essay plans for our option of 'World Order' and been flipping the plans to fit the themes and challenges.

How do you think I could flip an essay plan for "The impact of changing values and ethical standards on world order"

Thanks :)

Hey Emily! The answer is, with immense difficulty, ahaha :P this would be a rotten essay question. Personally I'd be shifting the focus to contemporary issues - For example, the idea of "Responsibility to Protect" is a 'changing value' you could link to, as it hasn't been around/prevalent for that long. Ethical standards, perhaps, could be linked to contemporary scenarios that also involve human rights issues.

Clutching at straws, because this question would suck - It doesn't suit the World Order syllabus or how it is taught, and for this reason I doubt they'd ever ask it :)

Would love more input here!! If you've written an essay on a question similar to this for World Order, would love to hear which syllabus aspects you tied it too ;D
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on March 17, 2018, 01:49:00 pm
Hey Emily! The answer is, with immense difficulty, ahaha :P this would be a rotten essay question. Personally I'd be shifting the focus to contemporary issues - For example, the idea of "Responsibility to Protect" is a 'changing value' you could link to, as it hasn't been around/prevalent for that long. Ethical standards, perhaps, could be linked to contemporary scenarios that also involve human rights issues.

Clutching at straws, because this question would suck - It doesn't suit the World Order syllabus or how it is taught, and for this reason I doubt they'd ever ask it :)

Would love more input here!! If you've written an essay on a question similar to this for World Order, would love to hear which syllabus aspects you tied it too ;D

Hey!

4 days later and I have seemed to pull an essay plan together. If you were curious I linked this to issues and events such as:
* Responsibility to Protect
* Establishment of the United Nations
* Establishment of the International Criminal Court
* Current issues in Syria
* Geneva and Hague Conventions
* Nuclear Proliferation Treaty
* Current issues in North Korea
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 17, 2018, 03:51:53 pm
Hey!

4 days later and I have seemed to pull an essay plan together. If you were curious I linked this to issues and events such as:
* Responsibility to Protect
* Establishment of the United Nations
* Establishment of the International Criminal Court
* Current issues in Syria
* Geneva and Hague Conventions
* Nuclear Proliferation Treaty
* Current issues in North Korea

This seems like a great plan! Hope all goes well for it ;D
Title: Re: HSC Legal Studies Question Thread
Post by: emily_p on March 19, 2018, 05:08:57 pm
Hi all - a little unrelated to legal content but in terms of marks:
My half yearly legal assessment (25% weighting) just finished about 2 hours ago and I completely screwed it up , I feel terrible. It was out of 55 and I basically didn't even attempt the crime essay (15 marks, I only wrote barely one paragraph with no sources), I ran out of time and it was just such a mess because I hadn't prepared for the crime question - it was on reforms. The whole exam was out of 55 and assuming (hopefully) that I got around 35/55, I was wondering if anyone had tips on how I could bounce back. I feel like my rank has just dropped to last and I'm aiming for a 95+ atar, meaning that I'll need a band 6 or a really high band 5 for my final total mark. Is this still achievable? :/
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on March 19, 2018, 07:02:01 pm
Hi all - a little unrelated to legal content but in terms of marks:
My half yearly legal assessment (25% weighting) just finished about 2 hours ago and I completely screwed it up , I feel terrible. It was out of 55 and I basically didn't even attempt the crime essay (15 marks, I only wrote barely one paragraph with no sources), I ran out of time and it was just such a mess because I hadn't prepared for the crime question - it was on reforms. The whole exam was out of 55 and assuming (hopefully) that I got around 35/55, I was wondering if anyone had tips on how I could bounce back. I feel like my rank has just dropped to last and I'm aiming for a 95+ atar, meaning that I'll need a band 6 or a really high band 5 for my final total mark. Is this still achievable? :/

Hey! Hang in there, it's going to be okay. :-)

You can definitely bounce back :-) I remember being super disappointed after getting my marks back for my first Legal HSC assessment, but it was only motivation to work even harder! Use this experience as a learning curve for your next assessment(s), because now you'll know how to prepare better. We're all here to help on AN, so if you need anything, we're here.

All the best!
Title: Re: HSC Legal Studies Question Thread
Post by: StudyBuddyKJ on March 19, 2018, 07:49:41 pm
Hello guys,

I am having a lot of trouble with writing legal essays. My marks for my previous essays have not been looking too good, and I am in need of guidance on how to structure and write them.

Also, can you please give me some tips on effective studying for my half yearlies for legal? I want to do really well in my half yearlies so I can get a chance at getting a Band 6.
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 19, 2018, 07:54:38 pm
Hello guys,

I am having a lot of trouble with writing legal essays. My marks for my previous essays have not been looking too good, and I am in need of guidance on how to structure and write them.

Also, can you please give me some tips on effective studying for my half yearlies for legal? I want to do really well in my half yearlies so I can get a chance at getting a Band 6.

Hey there!! This guide is on structuring HSC essays, and this one is on constructing an argument - They could be helpful! ;D

Studying? A guide for that one too! Wow, I've written a lot of guides on Legal, ahaha :P

In general, focus on memorising lots of evidence for your extended responses/essays, and practice using them under exam conditions! Good luck :)
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on March 21, 2018, 08:59:39 pm
Hii, I was just wondering, for the first section of Human Rights which is about the developing recognition of the different types of rights, how much information do we really need to know? Some of the notes I look at seem to give paragraphs and paragraphs of history (like the abolition of slavery dating back one thousand years up till now). Also, how many legislations would be ideal to remember per each of these dot points (abolotion of slavery, trade unionism, etc..)? Because I'm scared of questions like "Explain the role of law reform in the abolition of slavery" and stuff like that smh.

Thank You!! :)
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on March 21, 2018, 09:36:22 pm
Hii, I was just wondering, for the first section of Human Rights which is about the developing recognition of the different types of rights, how much information do we really need to know? Some of the notes I look at seem to give paragraphs and paragraphs of history (like the abolition of slavery dating back one thousand years up till now). Also, how many legislations would be ideal to remember per each of these dot points (abolotion of slavery, trade unionism, etc..)? Because I'm scared of questions like "Explain the role of law reform in the abolition of slavery" and stuff like that smh.

Thank You!! :)

Hey!

You definitely don't need to know the entire history of each. At the beginning of the year, I only had two longish paragraphs for each developing right, and narrowed it down to one paragraph by the HSC. You really don't need a ton of information, just enough to make up 5ish marks. I had two pieces of legislation for each of the dot points, but you'll do with just the UN Declaration for that specific right.

All the best :-)
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on March 21, 2018, 09:58:26 pm
Hey!

You definitely don't need to know the entire history of each. At the beginning of the year, I only had two longish paragraphs for each developing right, and narrowed it down to one paragraph by the HSC. You really don't need a ton of information, just enough to make up 5ish marks. I had two pieces of legislation for each of the dot points, but you'll do with just the UN Declaration for that specific right.

All the best :-)

THANK YOU!!  : )
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on March 26, 2018, 08:30:52 pm
Hi guys!

How much evidence (LCMID) should we have for each body paragraph?
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on March 26, 2018, 08:44:11 pm
Hi guys!

How much evidence (LCMID) should we have for each body paragraph?

Really depends! At least 2 per paragraph should be good :-)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 26, 2018, 09:46:59 pm
Hi guys!

How much evidence (LCMID) should we have for each body paragraph?

^ To extend on above, quality over quantity! 2 examples done well is better than four done poorly. I personally usually hit about five or so :)
Title: Re: HSC Legal Studies Question Thread
Post by: fergo on March 27, 2018, 11:31:57 am
Can law reform occur through common law? Does the creation of new precedents count as it alters how other cases are viewed?
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on March 27, 2018, 12:30:41 pm
Can law reform occur through common law? Does the creation of new precedents count as it alters how other cases are viewed?

Hey, your suggestion of the creation of new precedents is an example of law reform through common law. :-)
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on March 28, 2018, 11:21:56 am
Hi Guys!

If i'm arguing that ADVO's are "extremely effective" and i use lcmid to back this up, do i need to also mention negatives for a more balanced argument? I haven't done this and i've already reached the word limit :(

Also, what is your opinion on parental order under the Family Law act? I'm struggling to decide wether it's effective or not in protecting DV and FV victims and its intersection with ADVO's.

Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: NowYouTseMe on March 28, 2018, 01:43:45 pm
Quote
Hi Guys!

If i'm arguing that ADVO's are "extremely effective" and i use lcmid to back this up, do i need to also mention negatives for a more balanced argument? I haven't done this and i've already reached the word limit :(

Also, what is your opinion on parental order under the Family Law act? I'm struggling to decide wether it's effective or not in protecting DV and FV victims and its intersection with ADVO's.

Thanks!

My teacher always stresses the need for counter-arguing every paragraph for legal studies if you want to get a consistently A range response because legal studies essay questions tend to be evaluative in nature. Also, I wouldn't call ADVOs 'extremely effective' anyway because of the extent of examples of ADVOs failing to protect individuals, such as in the recent case of R v Gavin John De Beyer(2017) where the convicted criminal murdered his wife of 30 years while an ADVO was imposed on him. Just cut down on word count by removing any unnecessary detail of evidence to fit that in.

About parenting orders, you can probably say that they are moderately effective, then give a balanced argument (and counter-argument) to show that regardless of what you think of them. Alternatively, you could use one of the legal themes and challenges like 'care and protection of children' as your entire paragraph and use parenting orders as evidence towards effectiveness or ineffectiveness.

hope this helps haha
Title: HSC Legal Studies Question Thread
Post by: Lumenoria on April 01, 2018, 01:56:37 pm
Hey, would the case of Lubanga be relevant to international crime? Because I keep feeling as though my responses to international crime are too borderline human rights, but they're both so pertinent to eachother that it's kinda hard to find a strict distinction between the two? Also, when talking about international crime, does it HAVE to be in relation to Australia? Like, if I was talking about the Skripal poisonings, would that be okay?
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on April 01, 2018, 02:49:35 pm
Hey, would the case of Lubanga be relevant to international crime? Because I keep feeling as though my responses to international crime are too borderline human rights, but they're both so pertinent to eachother that it's kinda hard to find a strict distinction between the two? Also, when talking about international crime, does it HAVE to be in relation to Australia? Like, if I was talking about the Skripal poisonings, would that be okay?

Hi!

Sure, the case of Lubanga would be relevant to international crime because from memory, there's a dot point on international responses/courts. The responses to international crime do crossover quite a bit with human rights - I think that's something most Legal students feel hahaha. It's probably better if you have cases in relation to Australia, because the Crime topic is about the NSW Legal system. Personally, I wouldn't use the example of the Skripal poisonings, as it's not directly related to Australia, but perhaps you could talk about it as an example of the international community's response to the crime?

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on April 01, 2018, 03:16:46 pm
Hey, would the case of Lubanga be relevant to international crime? Because I keep feeling as though my responses to international crime are too borderline human rights, but they're both so pertinent to eachother that it's kinda hard to find a strict distinction between the two? Also, when talking about international crime, does it HAVE to be in relation to Australia? Like, if I was talking about the Skripal poisonings, would that be okay?

Yep, you can definitely used the Lubanga case for International Crime! As in international crime you have transnational crime and crimes against the international community you can use this in the section of crimes against the international humanity, especially in relation to the international measures undertaken by Australia.

If ever a question on this you would explain about how Australia has signed and ratified the Rome Statute 2002 and then enacted the International Criminal Court Act 2002 (Cwlth) into domestic legislation. This then leads you into a good path for talking about Lubanga as a case when referring to the ICC as international measure taken by Australia to prosecute crimes against the international community. Remember that the ICC is a court of last resort and only prosecute cases when domestic courts can't or unwilling to do so.

If your school does World Order as an option you'll learn more how it ends up linking in with international crime!
Title: Re: HSC Legal Studies Question Thread
Post by: Lumenoria on April 03, 2018, 05:32:27 pm
Hey! You know how when we use an acronym in our legal essays, usually we write out the entire thing first and then put in in brackets, and THEN proceed to using the acronym in brackets from thereon? (Like, Criminal Justice System (CJS)) For really obvious things such as SMH and BOCSAR, is that really necessary? Idk I feel like I'm wasting time hahaha
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on April 03, 2018, 05:45:38 pm
Hey! You know how when we use an acronym in our legal essays, usually we write out the entire thing first and then put in in brackets, and THEN proceed to using the acronym in brackets from thereon? (Like, Criminal Justice System (CJS)) For really obvious things such as SMH and BOCSAR, is that really necessary? Idk I feel like I'm wasting time hahaha

I personally don't think so! In all my legal essays, I have used SMH, BOCSAR, etc and the teacher seems to be fine with it. I don't think they would get that into the nitty gritty of it.
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on April 04, 2018, 12:30:59 am
Hey! You know how when we use an acronym in our legal essays, usually we write out the entire thing first and then put in in brackets, and THEN proceed to using the acronym in brackets from thereon? (Like, Criminal Justice System (CJS)) For really obvious things such as SMH and BOCSAR, is that really necessary? Idk I feel like I'm wasting time hahaha

Hey! As above, it's not really going to matter - Technically though, you should do it for them too! I did it for BOCSAR, don't think I did it for SMH ;D
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on April 08, 2018, 04:58:44 pm
Tomorrow's my legal Human Rights exam and I guess I should have studied earlier. But anyway, how much are we expected to know for all of the international and domestic responses to evaluate their effectiveness in promoting and enforcing human rights? It all feels like too much to learn in one day :((.
Title: Re: HSC Legal Studies Question Thread
Post by: elysepopplewell on April 09, 2018, 09:31:15 am
Tomorrow's my legal Human Rights exam and I guess I should have studied earlier. But anyway, how much are we expected to know for all of the international and domestic responses to evaluate their effectiveness in promoting and enforcing human rights? It all feels like too much to learn in one day :((.

Hey! This might be too late now by a few hours, but remember for human rights you are only examined in the way of multiple choice and short answer questions. So you won't have to independently support your knowledge to the same extent you would for an essay. So you have to know them, but perhaps only to the length that you could sufficiently respond to an 8 mark question on the topic :)

I hope you go well! :)
Title: Re: HSC Legal Studies Question Thread
Post by: LochNess Monster on April 10, 2018, 06:05:17 pm
Hiiii

This probably won't come through in time but...oh well!

I have a Legal exam tomorrow and I have all my notes done during the term; so I'm just reading over my essay plans (Chp. 5/6, the teacher told us) and memorising notes, cause I know exactly what chapters I'm tested on in half-yearlies. (Chp: 1 - 9 =  Crime + Human Rights)

BUT !!!! >>> One big problem. I suck at Multiple Choice! Other people in my class are like, it's easy and flying through with colours but I'm like.....getting 16/20 on a good *very good* day?!

Help. I'm normally getting 12/20 and freaking out because I need at least 18/20 to keep me safe with the essay and short answers.

Anyways, just a bit stressed ahhahahahahahha....ha...ha...(gah)...ha.

See you later (& thanks for the sympathetic & caring & genius community ATAR Notes! Loving the newsletters!)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on April 10, 2018, 07:10:41 pm
Hiiii

This probably won't come through in time but...oh well!

You underestimate the AN community ;) MC was always where I lost my marks too! My half yearly, I only lost them in the MC (wait, maybe I lost like 0.5 in short answer, anyway...)

A few tips off the top of my head:

- Remember to answer by picking incorrect answers wherever possible. So, go through each answer and say "This is wrong because _____." This will force you to consider every option properly and you will avoid silly errors!
- Understand the psychology of most MC questions. There are usually two more obviously incorrect answers, the correct one, and then a distractor that is really close to correct. If you understand and remember this it can make it easier to discern the correct answer - Be ready for distractors!
- Try and identify the syllabus dot point being targeted straight away - This will limit the bank of knowledge you are drawing from.
- Don't rush them - Some people can do the MC in 5 minutes, some need the full 20-30 minutes that they recommend.
- Don't stress them! 12/20 is a solid score, and if you are doing well elsewhere then you are sitting in a high Band 5/low Band 6 range, which is a great place to be around the halfway mark! ;D

See you later (& thanks for the sympathetic & caring & genius community ATAR Notes! Loving the newsletters!)

I'll make sure Nick knows you are loving his work ;)
Title: Re: HSC Legal Studies Question Thread
Post by: NowYouTseMe on April 10, 2018, 09:44:07 pm
The way I see multiple choice for Legal is that, unlike essays made of pre-prepared LCMs and course theory, they are cross-sections of all the specific details in the Crime syllabus. What I like to do is after every practice multiple choice, I see what I get wrong and check my notes on the relevant syllabus section as that is presumably, one of my weaker points. After doing a few multiple choice practice runs and subsequent review of mistakes, you can probably raise your accuracy significantly.
Title: Re: HSC Legal Studies Question Thread
Post by: elysepopplewell on April 11, 2018, 10:16:43 am
The way I see multiple choice for Legal is that, unlike essays made of pre-prepared LCMs and course theory, they are cross-sections of all the specific details in the Crime syllabus. What I like to do is after every practice multiple choice, I see what I get wrong and check my notes on the relevant syllabus section as that is presumably, one of my weaker points. After doing a few multiple choice practice runs and subsequent review of mistakes, you can probably raise your accuracy significantly.

You can also notice some trends, like are you best at the questions with a little scenario in it, or are they the ones you struggle with? What about the ones with the answers where just one word is different in each? I found that working out the trends and patterns in questions that I either struggled with or excelled in really prepared me for the exams as well :)
Title: Re: HSC Legal Studies Question Thread
Post by: Tristan1 on May 02, 2018, 03:30:35 pm
Hey I was just wondering your opinions on tackling this practice question?

To what extent is law reform regarding same-sex relationships a reflection of changing values?

I'm thinking heavily discussing the media's response and also NGOs as there was the recent legalisation of same-sex marriage.

Thanks, T.
Title: Re: HSC Legal Studies Question Thread
Post by: markkhodair on May 02, 2018, 10:11:17 pm
Hi!

What would be the domestic and international measures used when dealing with Genocide, Crimes against Humanity, and War Crimes, as part of Crimes against the International Community?

Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 02, 2018, 10:20:52 pm
Hey I was just wondering your opinions on tackling this practice question?

To what extent is law reform regarding same-sex relationships a reflection of changing values?

I'm thinking heavily discussing the media's response and also NGOs as there was the recent legalisation of same-sex marriage.

Thanks, T.


Hey! I like your approach, the recent reform around SSM should definitely get a huge amount of time as it is super contemporary and super relevant to the question. Same sex relationships have a long history of reform, so you should have no shortage of things to discuss. Great you want to discuss Media/NGO's, but make sure you get just as much legal as non-legal. And link to changing values all the way! ;D

Hi!

What would be the domestic and international measures used when dealing with Genocide, Crimes against Humanity, and War Crimes, as part of Crimes against the International Community?

Thank you!

Hiya! For international you are talking treaties and similar agreements, and you'll want a large focus on the Rome Statute and the International Criminal Court. This is worth a look too!

Domestic response to these things is a little tougher to discuss. You could look at domestic legislation such as the International Criminal Court Act, I just found this bill as well. Discussion of the role of the AFP could be worth a look too - When I wrote essays on this (it was my Trials question from memory) I tended to devote more time to the international response ;D
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on May 02, 2018, 10:22:20 pm
Hi!

What would be the domestic and international measures used when dealing with Genocide, Crimes against Humanity, and War Crimes, as part of Crimes against the International Community?

Thank you!

Hey!

These are some of the ones that I have.

Domestic:
* Interpol
* Introduction of Child Sex Tourism - Crimes (Child Sex Tourism) Amendment Act 1994 (Cwlth) and was further amended in 2017 to ban convicted paedophiles from travelling overseas to vulnerable countries

International:
* International Criminal Tribunal for Rwanda 1994
* International Criminal Tribunal for Former Yugoslavia 1993
* International Criminal Court

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: Tristan1 on May 03, 2018, 08:02:04 am
Hey! I like your approach, the recent reform around SSM should definitely get a huge amount of time as it is super contemporary and super relevant to the question. Same sex relationships have a long history of reform, so you should have no shortage of things to discuss. Great you want to discuss Media/NGO's, but make sure you get just as much legal as non-legal. And link to changing values all the way! ;D

Thanks so much! However, this practice question is actually the focus of my assessment for family and the rest of the class is doing the exact question which means they’ll have the same data. What do you think I can do to differentiate myself from the others in terms of my essay?

Sorry for the questions but thank you :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 03, 2018, 05:53:10 pm
Thanks so much! However, this practice question is actually the focus of my assessment for family and the rest of the class is doing the exact question which means they’ll have the same data. What do you think I can do to differentiate myself from the others in terms of my essay?

Sorry for the questions but thank you :)

Same data is totally fine, what will differentiate you is how that data and information is used. There's a big difference between taking a case, telling us what happened and making a loose link to an argument - Versus using a case cleverly to support a super strong argument. Don't spend time trying to find "weird" evidence - The common stuff is used a lot for a reason, and that time would be better invested into actually improving the essay itself, crafting a good Thesis, etc ;D
Title: Re: HSC Legal Studies Question Thread
Post by: markkhodair on May 03, 2018, 06:02:12 pm
"The process commonly used with juveniles, involving a conference attended by the offender, the victim and other supporters is known as

(A) Plea bargaining
(B) Circle sentencing
(C) Restorative justice
(D) Alternative dispute resolution"

This multiple choice question was in my half yearlies and I had put down D as my answer, but C turned out as the correct answer. When I approached my teacher about it and told him that I had thought it'd been D, he said that if I could prove that it was D he would give me the mark. Can someone/some of you give me reasons as to why it could also be D so that I could be given a mark? Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: martinarena_ on May 04, 2018, 06:41:20 pm
"The process commonly used with juveniles, involving a conference attended by the offender, the victim and other supporters is known as

(A) Plea bargaining
(B) Circle sentencing
(C) Restorative justice
(D) Alternative dispute resolution"

This multiple choice question was in my half yearlies and I had put down D as my answer, but C turned out as the correct answer. When I approached my teacher about it and told him that I had thought it'd been D, he said that if I could prove that it was D he would give me the mark. Can someone/some of you give me reasons as to why it could also be D so that I could be given a mark? Thank you!

Hi there!
So I've got a couple of reasons/justifications to why D could also be the answer. Just check the following of what I'm about to mention, in case I made a mistake of interpreting the info etc. :
(1) Restorative justice in itself, focuses on the reconciliation between the offender and the victim by mediating an agreement
(2) https://www.theguardian.com/society/2014/sep/17/restorative-justice-young-offenders-crime  AND http://crg.aic.gov.au/reports/strang/nsw.html
The websites show that restorative justice CAN be used for young offenders
(3) Quote from pg 89 of Cambridge 4th edition textbook HSC Legal Studies 'it has been suggested that restorative justice programs will continue to relate mainly to minor infringements or youth justice' -- shows that restorative justice programs are mainly used in youth justice

Hope that helps!! Best of luck :))
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 04, 2018, 08:22:24 pm
"The process commonly used with juveniles, involving a conference attended by the offender, the victim and other supporters is known as

(A) Plea bargaining
(B) Circle sentencing
(C) Restorative justice
(D) Alternative dispute resolution"

This multiple choice question was in my half yearlies and I had put down D as my answer, but C turned out as the correct answer. When I approached my teacher about it and told him that I had thought it'd been D, he said that if I could prove that it was D he would give me the mark. Can someone/some of you give me reasons as to why it could also be D so that I could be given a mark? Thank you!

Hey! I agree that the answer could either be C or D - D is just any sort of process used to resolve a dispute without a court. C encompasses all measures that focus on rehabilitation of offenders, rather than punishment.

What that question is really describing is a Youth Justice Conference, but since that isn't an option, I'd say C or D would be equally correct ;D
Title: Re: HSC Legal Studies Question Thread
Post by: MarioMaurice on May 05, 2018, 08:18:37 pm
Hey,

I was reading that anyone who commits murder is liable to a penalty of imprisonment for life (as the maximum penalty for murder). Can a judge impose a penalty other than imprisonment such as home detention for the crime of murder if believed to be appropriate.

Doesn't a maximum penalty just mean that a judge can't impose a sentence higher than the 'maximum penalty'. Meaning, he/ she can choose any other penalty of a lower severity than the maximum penalty if deemed appropriate (at their discretion)? As long as it just doesn't exceed the legislated maximum penalty.

Am I correct??

Second thing, I was reading an evaluation on fines that said "Fines are biased against those people who have a low income as they do not take into account the offender’s ability to pay the fine". Isn't that reputable, as the person can appeal the penalty (fine imposed) and a re sentence after informing the court of their low income and thus incapability to pay the fine. At this stage, can't the judge use their discretion to create amends and impose a more fair sentence that is in line with the person's financial capabilities (e.g lower the fine)?

Thanks
Title: Re: HSC Legal Studies Question Thread
Post by: MarioMaurice on May 05, 2018, 08:46:49 pm
Hi!  :)

What is meant by question/ point of law? - was a past multiple choice  :)
What is meant by question of fact?
Difference between the two??

Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on May 05, 2018, 11:34:12 pm
Hey guys, I have a question.

In my legal studies exam there was a multiple choice:

The Universal Declaration of Human Rights is an example of:
a) A statute
b) A treaty
c) Common law
d) Customary law / jus cogens

I chose B but got it incorrect. I would've gotten 100% if it wasn't for this one multiple choice so I was kinda annoyed lol.

Could someone please explain why d) is correct and b) is not? : (
Thank you!!
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 06, 2018, 09:02:43 am
Welcome to the forums Maurice!

Hey,

I was reading that anyone who commits murder is liable to a penalty of imprisonment for life (as the maximum penalty for murder). Can a judge impose a penalty other than imprisonment such as home detention for the crime of murder if believed to be appropriate.

Doesn't a maximum penalty just mean that a judge can't impose a sentence higher than the 'maximum penalty'. Meaning, he/ she can choose any other penalty of a lower severity than the maximum penalty if deemed appropriate (at their discretion)? As long as it just doesn't exceed the legislated maximum penalty.

Am I correct??

Indeed, you are correct, the dictated penalties in the Crimes Act are maximums ;D

Quote
Second thing, I was reading an evaluation on fines that said "Fines are biased against those people who have a low income as they do not take into account the offender’s ability to pay the fine". Isn't that reputable, as the person can appeal the penalty (fine imposed) and a re sentence after informing the court of their low income and thus incapability to pay the fine. At this stage, can't the judge use their discretion to create amends and impose a more fair sentence that is in line with the person's financial capabilities (e.g lower the fine)?

Thanks

Again, correct - Like, pretty much any point in Legal is refutable. So yes, you could refute that statement by saying that the magistrate could impose a different penalty if they believed it necessary. For this sort of stuff, there is no correct/incorrect, only whether you back up your evaluation ;D

Hi!  :)

What is meant by question/ point of law? - was a past multiple choice  :)
What is meant by question of fact?
Difference between the two??

Thanks!

Question/point of law is just (in the context of juries, I assume) stuff in a Trial that requires explanation or clarification by the judge, it requires application of legal principles. That's primarily what they are there for - To make sure the jury understands the more intricate legal aspects of a trial. We aren't all lawyers, after all ;D

Questions of fact are questions that are instead answered by considering evidence - "Was Person A at the shop at 2am?" would be an example. That is handled by the jury, not the judge :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 06, 2018, 09:11:03 am
Hey guys, I have a question.

In my legal studies exam there was a multiple choice:

The Universal Declaration of Human Rights is an example of:
a) A statute
b) A treaty
c) Common law
d) Customary law / jus cogens

I chose B but got it incorrect. I would've gotten 100% if it wasn't for this one multiple choice so I was kinda annoyed lol.

Could someone please explain why d) is correct and b) is not? : (
Thank you!!

Hey! Trick question (sort of), I definitely see why you picked B, I probably would have on first glance as well ;D

Process of elimination:

- Clearly not a statute, ditch A
- Clearly not common law, ditch C

Ditching these more 'domestic' legal terms, we are left with a treaty or customary law. It's in the name - Universal Declaration on Human Rights. A declaration isn't legally binding. A treaty is legally binding. UDHR is the former.

So the answer is D :)
Title: Re: HSC Legal Studies Question Thread
Post by: MarioMaurice on May 06, 2018, 11:22:27 am
Hi Jamon  :) Thanks for the reply

So only jurors question fact, not a judge. Judges explain point of law to the jury.
What can jurors question and not question in trial? I know they can question witnesses. Can they question arguments (presented by either the prosecution or defence) and other evidence presented, not just witnesses? These would all be question of fact, right??
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 06, 2018, 12:03:34 pm
Hi Jamon  :) Thanks for the reply

So only jurors question fact, not a judge. Judges explain point of law to the jury.
What can jurors question and not question in trial? I know they can question witnesses. Can they question arguments (presented by either the prosecution or defence) and other evidence presented, not just witnesses? These would all be question of fact, right??

Correct ;D jurors can't really examine witnesses, like, the legal representation are still asking the questions and leading the proceedings, I guess. The jurors interpret the evidence how they choose - They answer the questions of fact by considering the evidence through their eyes.

Jurors definitely can't get into arguments with prosecution or defence. They can't stand up and go, "That's bullshit," if they think a witness is lying. They can, however, make the internal decision that the witness is lying and base their verdict on that decision. They can choose to internally disagree with a prosecution argument.

So I guess you are correct, but it's not a literal 'question.' It's just that, jurors are presented with evidence, and they interpret it how they choose, and therefore answer 'questions of fact' based on that interpretation.

Questions of law are answered by the judge. The judge explains these answers to the jury so they know how the law works in a certain aspect of the trial :)
Title: Re: HSC Legal Studies Question Thread
Post by: MarioMaurice on May 06, 2018, 01:53:28 pm
Thanks! That really helped.  :) :) :)
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on May 06, 2018, 08:29:59 pm
Hey! Trick question (sort of), I definitely see why you picked B, I probably would have on first glance as well ;D

Process of elimination:

- Clearly not a statute, ditch A
- Clearly not common law, ditch C

Ditching these more 'domestic' legal terms, we are left with a treaty or customary law. It's in the name - Universal Declaration on Human Rights. A declaration isn't legally binding. A treaty is legally binding. UDHR is the former.

So the answer is D :)

I actually didn't know that a treaty was legally binding! The reason I chose Treaty was because in the 2015 HSC there was a multiple choice question "The International Covenant on Economic, Social and Cultural Rights is an example of which of the following?" and even though both 'Customary law' and 'a treaty' were in the options, 'a treaty' was the correct answer.

I don't understand the difference between the two, is it because the UDHR is a Declaration that it is considered Customary law instead of a treaty? And also, the ICESCR isn't legally binding but 'a treaty' was the correct answer. I'm actually really confused :(. Could you please explain it?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 07, 2018, 01:18:12 pm
I actually didn't know that a treaty was legally binding! The reason I chose Treaty was because in the 2015 HSC there was a multiple choice question "The International Covenant on Economic, Social and Cultural Rights is an example of which of the following?" and even though both 'Customary law' and 'a treaty' were in the options, 'a treaty' was the correct answer.

Yep, so covenant and treaty are essentially equivalent, but both are different from a declaration. Treaty/covenants are binding, declarations are not ;D

Quote
I don't understand the difference between the two, is it because the UDHR is a Declaration that it is considered Customary law instead of a treaty? And also, the ICESCR isn't legally binding but 'a treaty' was the correct answer. I'm actually really confused :(. Could you please explain it?

ICESCR is legally binding, but like, not in the same way that a domestic law would be. You rely on the signatory state to enforce the treaty, and if they don't, options are limited - But it is legally binding (in the sense that not following it is a violation of international law) :)
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on May 07, 2018, 02:49:09 pm
Yep, so covenant and treaty are essentially equivalent, but both are different from a declaration. Treaty/covenants are binding, declarations are not ;D

ICESCR is legally binding, but like, not in the same way that a domestic law would be. You rely on the signatory state to enforce the treaty, and if they don't, options are limited - But it is legally binding (in the sense that not following it is a violation of international law) :)

Thank you so so much for this Jamon! I now understand where I went wrong lool and will remember this for next time! :)
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on May 15, 2018, 11:42:25 am
Anyone who does/is doing world order - would you mind providing insight into the way you structured a world order essay. Imagine the question is about legal and non legal responses. For example, how you framed your arguments, where you put your case studies in etc etc. Even better, if you could provide a sample paragraph/essay, that would be really really helpful !
Thank yiou
Title: Re: HSC Legal Studies Question Thread
Post by: NowYouTseMe on May 15, 2018, 04:27:19 pm
Anyone who does/is doing world order - would you mind providing insight into the way you structured a world order essay. Imagine the question is about legal and non legal responses. For example, how you framed your arguments, where you put your case studies in etc etc. Even better, if you could provide a sample paragraph/essay, that would be really really helpful !
Thank yiou

So for a legal and non-legal responses question, I'd do 3 legal response paragraphs (UNGA, UNSC, ICC) and 1 non-legal responses paragraph encompassing NGOs and the media. Below, I've put a paragraph that my mate and I constructed using case studies from the Middle East presentation we did during the holidays (that literally only 1 person from my entire cohort turned up to) that shows how I'd structure every World Order essay paragraph. This paragraph's case studies can probably be used as a Middle East paragraph for a Regional and Global Threats essay as well as the Legal and Non-Legal Responses essay, and maybe even an R2P paragraph in a State Sovereignty essay on top of that. Keep in mind that you don't need to have like 6 case studies per paragraph for an A-range mark, but to go above and beyond, this type of argument/paragraph style has served me well all year.

Spoiler
Due to the presence of autocratic dictatorships and terrorist non-state actors, multilateral cooperation must exist between all fifteen members of the UNSC to achieve world order, whilst adhering to international legal principle. The enshrinement of the international principle of Responsibility to Protect (R2P) is reflected in the UNSC’s adoption of resolutions 1970 and 1973 in 2011 to enforce a ‘no fly zone’ to protect civilians in NATO’s efforts in the Libyan uprising against Gaddafi’s dictatorship. Additionally, the First Gulf War (1991) ‘Operation Desert Storm’, mandated by UNSC resolution 661, portrays the legal use of coercive powers to uphold Article 51 of the UN Charter (self defence) by liberating Kuwait from Iraqi occupation. However, the UNSC’s ability to enforce R2P and maintain world order is hindered by the veto power of the P5 as showcased in Russia and China’s 12 vetoes of draft-resolutions, which attempt to impose sanctions or investigate chemical weapons in Syria, “to protect international rule of law, peace and security” as argued by Russia’s Ambassador to the UN. The USA-led Coalition has also impeded the progress of international law as exemplified in USA, UK, and France’s veto of a 2018 Russian proposal condemning the West’s illegal missile strike following alleged chemical weapons attacks, thus reinforcing the “deadlock at the UN” as described by the Wall St Journal 2018.  Therefore, to achieve greater effectiveness in the UNSC’s ability to resolve conflict in the Middle East, nation-states must forego strategic interests to promote peace and security.
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on May 22, 2018, 12:57:37 pm
Hi there!
So I've got a couple of reasons/justifications to why D could also be the answer. Just check the following of what I'm about to mention, in case I made a mistake of interpreting the info etc. :
(1) Restorative justice in itself, focuses on the reconciliation between the offender and the victim by mediating an agreement
(2) https://www.theguardian.com/society/2014/sep/17/restorative-justice-young-offenders-crime  AND http://crg.aic.gov.au/reports/strang/nsw.html
The websites show that restorative justice CAN be used for young offenders
(3) Quote from pg 89 of Cambridge 4th edition textbook HSC Legal Studies 'it has been suggested that restorative justice programs will continue to relate mainly to minor infringements or youth justice' -- shows that restorative justice programs are mainly used in youth justice

Hope that helps!! Best of luck :))

I think that it has to be C because alternative dispute resolution is generally associated with civil cases where there is no need to determine someone's guilt and innocence and there are other ways (such as grievance procedures or mediation) that can determine these things rather then going to court. For young offenders, the objective is to promote rehabilitation and educate the offender that their behaviour is wrong - hence why it is called restorative justice
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on May 22, 2018, 01:03:01 pm
Hey guys, I have a question.

In my legal studies exam there was a multiple choice:

The Universal Declaration of Human Rights is an example of:
a) A statute
b) A treaty
c) Common law
d) Customary law / jus cogens

I chose B but got it incorrect. I would've gotten 100% if it wasn't for this one multiple choice so I was kinda annoyed lol.

Could someone please explain why d) is correct and b) is not? : (
Thank you!!

I think the key trickster that they throw into exams is what UN documents are binding/non binding. A declaration is NOT binding, it simply just a list of values that have become universally accepted as human rights- thus it has developed into customary law because it is so universally accepted. A treaty is binding, as is a convenant (e.g the ICCPR builds upon general terms in the UDHR and makes it binding on the countries that sign up to it)
Title: Re: HSC Legal Studies Question Thread
Post by: martinarena_ on May 23, 2018, 05:39:50 pm
I think that it has to be C because alternative dispute resolution is generally associated with civil cases where there is no need to determine someone's guilt and innocence and there are other ways (such as grievance procedures or mediation) that can determine these things rather then going to court. For young offenders, the objective is to promote rehabilitation and educate the offender that their behaviour is wrong - hence why it is called restorative justice

Hey,
Just thought I'd clarify! I've provided all the points to why C (restorative justice) is the correct answer haha, misinterpreting the fact that he had meant clarify why D could be correct  ;D
In the case for the multiple choice question, I agree with you, C would be the most correct and applicable to the answer - even though D is in some way correct, C is more valid :)
Title: Re: HSC Legal Studies Question Thread
Post by: nicolestudent on June 08, 2018, 10:40:11 am
Hi,
Year 11 Preliminary Legal Studies student here. I have an assessment task which is an essay. If anyone could help at all in any way shape or form, as I am currently clueless on what to do, that would be amazing! Here are the details of the task: Purpose- to examine the conditions leading to law reform, the processes which bring law reform about and the effectiveness of specific examples of law reform in achieving justice both for the individual and society. Essay Question: In relation to one law reform topic, evaluate the effectiveness of law reform/s, or current failure to reform, in achieving justice for individuals and society.

Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on June 08, 2018, 11:10:47 am
Hi,
Year 11 Preliminary Legal Studies student here. I have an assessment task which is an essay. If anyone could help at all in any way shape or form, as I am currently clueless on what to do, that would be amazing! Here are the details of the task: Purpose- to examine the conditions leading to law reform, the processes which bring law reform about and the effectiveness of specific examples of law reform in achieving justice both for the individual and society. Essay Question: In relation to one law reform topic, evaluate the effectiveness of law reform/s, or current failure to reform, in achieving justice for individuals and society.

Thank you!
Hey,
Welcome to AN!! :)
In year 11, I looked at the one punch/lockout laws and the gun laws after the Port Arthur Massacre.

However some other recent law reforms include:
- Anti-terror law Act 2005 (held for 14 days without a charge, recently amended so children as young as 10 can be held without a charge)
- Revenge porn laws: Crimes Amendment (Intimate Images) Bill 2017
- Changes to bail laws: Bail Act 2013 (removes presumption against bail, has a risk assessment).
- Consorting laws: Crimes Amendment (consorting and organised crime) Act 2012 (NSW)

For your essay, I think you would have to look at the historical background to why there is a need for law reform, how the law has changed and paragraphs on if it is effective in achieving justice for both society and individuals.

Feel free to post your essay here once it’s done if you need any feedback!!
Hope this helps!! :D
Title: Re: HSC Legal Studies Question Thread
Post by: Bina on June 13, 2018, 06:51:24 pm
How should I answer something like this??
"Evaluate​ the effectiveness of legal and non-legal measures in dealing with the Care and Protection of children in Australia"
Title: Re: HSC Legal Studies Question Thread
Post by: Bina on June 14, 2018, 01:47:00 pm
Can someone help me with this assignment ^
This is my paragraph about media
The media is greatly effective in regards to the protection of children through the exposure of child abuses and deaths, resulting in society becoming aware of the injustice towards vulnerable children occurring all over Australia. Despite more than 40 inquiries since 1997, and the transfer of foster care to the private sector, sexual abuse and neglect remain. While the government wanted to shift part of the responsibility to non government organisations in order to deal with the most serious cases, children who had been removed from their homes due to child abuse found further abuse in out of home care, which is why the media shed light on the broken homes case. Jessica had faced strong sexual abuse and mental health issues but was taken to residential foster care, an unsafe environment shared with children who had faced neglect and staff that hadn’t been trained properly enough to ensure safety. The number of child deaths attracting media attention was also effective as it resulted in James Wood looking into why the system was failing so many children, hence why he wrote a 1100 page report containing 111 recommendations. By the time he recommended third party providers assume many of the government's child protection responsibilities, children were already failed, which could have been prevented if they were ensured complete safety through enforcement of consequences and further investigation into how private organisations protect children by the government, instead of focusing on the cases in front of them. Despite media actively contributing to informing the lack of care and protection of children in Australia, measures need to be taken and handled effectively by the government.
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on June 14, 2018, 02:42:34 pm
How should I answer something like this??
"Evaluate​ the effectiveness of legal and non-legal measures in dealing with the Care and Protection of children in Australia"

Unfortunately I don't do that topic I can't help you too much here at the moment.. sorry
What I would say is make sure you are making a judgement because the question is asking you evaluate. And ensure you have some kind of criteria that you can use to make the judgement as this is what evaluate means. As for legal/non-legal measures structure, I would suggest having two paragraphs (if its manageable) on this because it will provide a balanced analysis.
Then obviously make sure your LCMD is relevant and supports your argument and adds to the understanding of the theory you present.
I'm sorry i can't provide more info on this hopefully someone has done this content already and can be more of a help.
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 14, 2018, 05:55:51 pm
How should I answer something like this??
"Evaluate​ the effectiveness of legal and non-legal measures in dealing with the Care and Protection of children in Australia"

Great advice from Henry above! These summary sheets might give you some starting points for content ;D

Your media paragraph is good, clear judgement at the start. I'd like to see more specific evidence, right now you are sort of telling a wish washy story of "this happened then this happened," I'd want it to be a bit more specific and deliberate, specific media references and the like. Also watch that your argument stays the same through the paragraph, your intro and conclusion don't quite line up :)
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on June 14, 2018, 08:49:51 pm
Hello! So i'm last minute writing an essay for tomorrow's WO essay. We've been given the question: "Evaluate the effectiveness of international institutions including courts and tribunals in maintaining world order."

My teacher vaguely suggested that we discuss 2 institutions/courts/tribunals or maybe 3 but that it might be a tight squeeze. I'm a bit confused since for family law we had 4 body paragraphs each with its own sub topic, and it seems like most legal studies essays have around 4 bodies? It's too late to ask him now though :/

I'm thinking of using UNSC (it's an int. institute right?), ICJ, ICC and ICTY. I will probably have overlapping arguments, since for many of them it's an issue of state sovereignty. Is that okay?

Last question, is it absolutely necessary to discuss recent cases or can i use older ones too?
Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 14, 2018, 10:32:36 pm
Hello! So i'm last minute writing an essay for tomorrow's WO essay. We've been given the question: "Evaluate the effectiveness of international institutions including courts and tribunals in maintaining world order."

My teacher vaguely suggested that we discuss 2 institutions/courts/tribunals or maybe 3 but that it might be a tight squeeze. I'm a bit confused since for family law we had 4 body paragraphs each with its own sub topic, and it seems like most legal studies essays have around 4 bodies? It's too late to ask him now though :/

I'm thinking of using UNSC (it's an int. institute right?), ICJ, ICC and ICTY. I will probably have overlapping arguments, since for many of them it's an issue of state sovereignty. Is that okay?

Last question, is it absolutely necessary to discuss recent cases or can i use older ones too?
Thanks!

Good luck for tomorrow!!

- Most essays tend to have three or four, but that doesn't mean you need to have that many. Quality over quantity
- Your structure sounds awesome. Don't spend too much energy on the ICTY since it isn't a 'current' mechanism, spend more time evaluating what's around today
- Older ones are fine, as long as they are supporting your argument! In general though more up to date evidence is always a good idea :)

Again, good luck!!
Title: Re: HSC Legal Studies Question Thread
Post by: NowYouTseMe on June 14, 2018, 10:58:10 pm
Hello! So i'm last minute writing an essay for tomorrow's WO essay. We've been given the question: "Evaluate the effectiveness of international institutions including courts and tribunals in maintaining world order."

My teacher vaguely suggested that we discuss 2 institutions/courts/tribunals or maybe 3 but that it might be a tight squeeze. I'm a bit confused since for family law we had 4 body paragraphs each with its own sub topic, and it seems like most legal studies essays have around 4 bodies? It's too late to ask him now though :/

I'm thinking of using UNSC (it's an int. institute right?), ICJ, ICC and ICTY. I will probably have overlapping arguments, since for many of them it's an issue of state sovereignty. Is that okay?

Last question, is it absolutely necessary to discuss recent cases or can i use older ones too?
Thanks!

It's a bit late for this but alternatively, you could just have an Ad-Hoc tribunals paragraph instead of just ICTY so you have a bit more to talk about in terms of cases, professional opinions etc. If you're going to use the limitations of international law in basically every paragraph (as you probably should), you could add another layer of sophistication by introducing them in the introduction so your essay reads a lot more cohesively.
Title: Re: HSC Legal Studies Question Thread
Post by: heidzzz on June 17, 2018, 06:02:27 pm
Hey all, I have 4 legal questions I need help with answering. I've been very unwell and have missed a fair bit of school so any help is appreciated
Question 1- "Outline factors that affect sentencing decisions and evaluate the effectiveness of different types of penalties including alternative methods of sentencing"

Question 2- " Evaluate the effectiveness of the domestic and international legal systems in dealing with international crime"

Question 3 - "Evaluate the effectiveness of legal and non-legal responses in dealing with domestic violence"

Question 4-"Evaluate the extent to which law reform has achieved just outcomes for those in same-sex relationships"
Title: HSC Legal Studies Question Thread
Post by: Lumenoria on June 17, 2018, 09:33:40 pm
Hi,
Year 11 Preliminary Legal Studies student here. I have an assessment task which is an essay. If anyone could help at all in any way shape or form, as I am currently clueless on what to do, that would be amazing! Here are the details of the task: Purpose- to examine the conditions leading to law reform, the processes which bring law reform about and the effectiveness of specific examples of law reform in achieving justice both for the individual and society. Essay Question: In relation to one law reform topic, evaluate the effectiveness of law reform/s, or current failure to reform, in achieving justice for individuals and society.

Thank you!

Hey!
You could take a look at mandatory sentencing laws. Basically, they impose a minimum sentence that judges must adhere to, thus reducing the flexibility (judicial discretion) of the sentencing process.   As well as this, lockout laws were imposed in light of the community outrage following the judge's leniency in the case of R v Loveridge. The effectiveness has been questionable, as violence has been directed to other parts of the CBD and thus it is believed that the inherent problem (the culture of drinking) has not been tackled in a way that is commensurate with community standards (they have  not only failed in their own purpose, but have done so at the expense of community's nightlife). There are a multiplicity of perspectives on this issue, so I think it would be a good one to discuss in your essay.


edit: My bad, I thought this was a recent post lol
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 18, 2018, 12:22:11 am
Hey all, I have 4 legal questions I need help with answering. I've been very unwell and have missed a fair bit of school so any help is appreciated
Question 1- "Outline factors that affect sentencing decisions and evaluate the effectiveness of different types of penalties including alternative methods of sentencing"

Question 2- " Evaluate the effectiveness of the domestic and international legal systems in dealing with international crime"

Question 3 - "Evaluate the effectiveness of legal and non-legal responses in dealing with domestic violence"

Question 4-"Evaluate the extent to which law reform has achieved just outcomes for those in same-sex relationships"

Hey! These are huge questions, I don't think any answer you get here is going to encompass all the knowledge you'll want to catch yourself up on, and you'll need to make some personal judgements for the 'evaluate' bits! Instead I'd be downloading some free notes from our Notes section, sitting down and making some notes, and having a think about the evaluations! That is, are the responses doing well, not so well, or awful? And why do you believe this?

Feel free to shoot any follow up questions our way. This isn't saying, "I don't want to answer." This is me saying, "I think those questions are too big to be answered properly in this format," I think some of our notes will do a better job :)
Title: Re: HSC Legal Studies Question Thread
Post by: eliseeeeee_m on June 18, 2018, 08:07:36 pm
Heyo
just wanted to clarify if saying 'lack of' is too colloquial for an essay.
Eg: The lack of domestic legislation is detrimental to the protection of indigenous rights......

 :P
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on June 18, 2018, 08:36:25 pm
Heyo
just wanted to clarify if saying 'lack of' is too colloquial for an essay.
Eg: The lack of domestic legislation is detrimental to the protection of indigenous rights......

 :P

Hey,

I think it's all good - I used "lack of" many times in my essays and have never been told off about it. :-)
Title: Re: HSC Legal Studies Question Thread
Post by: Caleb Campion on June 22, 2018, 12:16:33 pm
Hi there! I noticed that the other marking thread wasn't active so I am posting here :) I have just written an introduction to my world order essay, and was wondering what you think of it? The question is very weird (doesn't ask for effectiveness or evaluation etc). The question is
‘’Identify what World Order issues are and explain how Australia has responded to these issue within our legal contexts, involvement and actions within a national and international setting.’’

My introduction:
Due to rapid increases in globalisation and the resulting greater interdependence between nations, the need for world order has never been greater. World order issues, defined as those that relate to the promotion of peace and resolution of conflicts between states, hence require immediate and effective responses by capable nations to maintain international stability within legal, economic and political frameworks. Post World War II, Australia has played an increasingly crucial role in ensuring regional international security with key military and humanitarian responses to issues such as global terrorism, and in areas including Timor-Leste, Solomon Islands, Afghanistan and Iraq. Retrospectively, Australian intervention within the aforementioned conflicts have been extensive, ongoing, and most importantly, successful; yet criticisms remain regarding the necessity and economic cost of Australia’s humanitarian operations.

Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 22, 2018, 10:09:41 pm
Hi there! I noticed that the other marking thread wasn't active so I am posting here :) I have just written an introduction to my world order essay, and was wondering what you think of it? The question is very weird (doesn't ask for effectiveness or evaluation etc). The question is
‘’Identify what World Order issues are and explain how Australia has responded to these issue within our legal contexts, involvement and actions within a national and international setting.’

Really don't have much to say about your intro Caleb, I think it is brilliant!! You've done a great job setting up your paragraphs and establishing a main idea - If the rest follows suit I think it will be a fantastic essay! :) the question is weird, I agree! Potentially you could have explored more of what the world order issues are in the intro, would be my only comment. But like, for any other essay, this would be perfect ;D
Title: Re: HSC Legal Studies Question Thread
Post by: Caleb Campion on June 23, 2018, 09:34:40 am
Really don't have much to say about your intro Caleb, I think it is brilliant!! You've done a great job setting up your paragraphs and establishing a main idea - If the rest follows suit I think it will be a fantastic essay! :) the question is weird, I agree! Potentially you could have explored more of what the world order issues are in the intro, would be my only comment. But like, for any other essay, this would be perfect ;D

Awesome to hear! Cheers for the feedback :)
Title: Re: HSC Legal Studies Question Thread
Post by: kristieevans on June 23, 2018, 09:47:38 pm
Is a senate committee a legal or non-legal measure??? Also, what about the Fair Work Ombudsman?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 24, 2018, 12:32:53 am
Is a senate committee a legal or non-legal measure??? Also, what about the Fair Work Ombudsman?

Hi! Senate committee I'd call a legal measure, as I'd say it is an element of the legislature ;D

I'd say the same for the FWO, since it is a statutory agency set up by the Fair Work Act ;D

Title: Re: HSC Legal Studies Question Thread
Post by: kristieevans on June 24, 2018, 08:00:38 am
Hi! Senate committee I'd call a legal measure, as I'd say it is an element of the legislature ;D

I'd say the same for the FWO, since it is a statutory agency set up by the Fair Work Act ;D

Awesome, thank you so much!
Title: Re: HSC Legal Studies Question Thread
Post by: Caleb Campion on June 24, 2018, 03:33:31 pm
So Jamon, (or any other legal moderator), I've constructed my first 2 paragraphs (topics) to follow the introduction I posted above, and I'm not sure if I've 'earnt' a response or marking from you guys, but a mere skim would be great help! I'm trying to address the question in a way that answers it with plenty of evidence, as it is primarily about Australia's responses to world order issues, but I don't want it to read like I'm just 'listing examples' or just recounting history. Anyways, I would love some thoughts on how it sounds/wording/content? I'm also, at this point, going to end up over the essay's word limit, so some ideas on what I could omit from the essay or nominalise on would be great :) Thanks :)

Upon the illegal Indonesian invasion of East-Timor in 1975, countless mass atrocity crimes and violence ensued throughout a 25 year occupation of the small nation-state, invoking regional humanitarian concern and neighbouring instability for Australia. Whilst Australia’s initial response was one of ‘non-intervention’, a United Nations Mission in East Timor (UMAMET) task-force of primarily Australian police intervened to administrate a legal referendum for East-Timorese independence, sanctified by the Security Council Resolution 1246 'Ballot to Decide on Special Autonomy for East Timor'. However in response to the national support for independence, on the third of September 1999, pro-Indonesian militias pursued a rampage of violence, rape, infrastructural damage and murder to the dismay of international reporters and state authorities. Australia responded immediately, leading a United Nations peacekeeping force known as the International Force for East Timor (INTERFET) into East Timor, reestablishing law and order within only weeks; the response was hailed an outstanding success for the United Nations, acknowledging Australia's integral role. Although, with over one third of the East Timorese population lost from 1975 to 1999, humanitarian issues within the fragile state were far from solved, importuning Australian aid for many years to come. In the form of non-legal responses, Australia contributed over $890 million in assistance between 1999 and 2009, inclusive of medical aid in the form of 10 000 operations and 15 000 consultations for the people of the renamed Timor-Leste, and the creation of 32 000 jobs through public works projects. Such a response - one that came at a great economic and political cost - represents not only the extent of Australian assistance to its conflicted neighbour, but also the importance of immediate peacekeeping in preserving world order. Furthermore, non-government organisations such as CARE Australia, that addresses indicators of economic development including life expectancy, had worked in East-Timor since 1994, displaying the ability of non-state actors to proactively respond to issues that threaten human rights and multinational stability. Moreover, Australian efforts came to fruition with the success of the 2012 elections held in Timor-Leste a mere 10 years after its declaration of statehood, conclusively portraying the importance and effectiveness of Australia's responses in resolving conflicts, protecting democracy and reinstating regional stability and international law.

Whilst world order issues involve initial tensions between states, such issues have the ability to promote an even greater level of global cooperation and resilience to future conflicts; in recognition of common threats, national objectives become ones of international focus. Terrorism, defined as acts of violence against a population to inflict terror and hence influence governments, could be classified as one such issue, arising as a global phenomenon since the 11 September 2001 attacks against the United States. With terrorist networks such as Al Qaeda and ISIS possessing loosely connected cells in many countries, advanced economies internationally have become severely influenced by these groups and have responded extensively. Australia’s growing responses to terrorism have been largely stimulated by the Bali Bombings of October 2002, where in claiming the lives of 89 Australians, shattered any global preconception of safety from the threat of terrorism due to geographical isolation. Australian retaliation ensued, including surges in government funding for the Australian Secret Intelligence Organisation, the provision of 46 members of the Australian Federal Police to assist investigation of the Bali Bombings, and legal reforms increasing the maximum sentence for espionage from 7 to 25 years.


Further legislative reformation increase exponentially in the years following, such as amendments to the Federal Criminal Code Act 1995 to outlaw membership and connections to terrorist organisation, as well as the introduction of Part 2A of the Terrorism (Police Powers) Act 2002 (NSW), which increased potential detention periods up to 14 days for terror suspects. Such legislation is a key measure in the international ‘war on terror’, as it both establishes standards of punishment and investigation globally, and encourages the development of interconnected networks of intelligence between nation states - a proactive force against the issue of terrorism. This is highlighted by the domestic ‘Joint Counter Terrorism Intelligence Coordination Unit’ initiative that combines officers and databases of all Australian intelligence agencies, a program supplementary to Australia’s ratification of ‘memorandums of understanding’ on counter-terrorism with Indonesia, Malaysia, Thailand and the Philippines. The aforementioned agreements promote increased bilateral cooperation between intelligence and law enforcements agencies and defense officials of Australia and the signatory countries; conventions that actively support domestic reform and a stability and security between states globally. Hence, in response to the complication of terrorism, as recent in Australia as the ‘Lindt Cafe Siege’ of 2014, Australia has responded extensively within legal, political and economic frameworks to ensure both regional and international peace.





Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on June 26, 2018, 09:29:16 pm
Hi I need help with THIS URGENT ESSAY QUESTION HSC  legal studies essay question:
With specific reference to contemporary issues (homelessness), analyse the barriers to achieving justice in the provision of shelterHi I need hello with is hsc legal studies essay question:
With specific reference to contemporary issues (homelessness), analyse the barriers to achieving justice in the provision of shelter
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on June 26, 2018, 10:11:51 pm
Hi I need help with THIS URGENT ESSAY QUESTION HSC  legal studies essay question:
With specific reference to contemporary issues (homelessness), analyse the barriers to achieving justice in the provision of shelter

Hey, welcome to the forums!

Dude you don't know how excited I am to see a Shelter question!!! I'm jumping up for joy inside *cracks knuckles* let's get to answering this question.

With homelessness, you can chuck in some stats about affordability which is quite relevant because as housing prices climb, it's harder to find a home! I'd suggest looking at this thread for some articles on those topics.

You can also talk about the lack of actual legislation to deal with homelessness. Like there are things such as the National Affordable Housing Agreement (NAHA) which is a grant from the federal government to state governments to help out with homelessness, but it has to be renewed every year. With this, ~$250b is spread throughout the states, but there's always uncertainty with this - you don't know if the federal government will increase or decrease this grant, or if they will abolish it altogether. There's also the fact that states distribute money differently, so NGOs might be affected in the sense that there's no consistency. You can also talk about how Homelessness Australia closed down in 2016. BUT despite some of the shortcomings of these government initiatives, there are some effective ones, like the Reconnect program (specifically for young people), which reportedly had a 90% success rate in improving the lives of young people and their housing situation.

There's also the fact that NGOs are the most effective way of helping homeless people, but like I said before, funding is a huge issue. In addition, there aren't nearly enough volunteers with the NGOs. I'd suggest googling "homelessness in Sydney" - lots of recent media articles will pop up which are super helpful!

I apologise if this didn't make sense lol it's very all over the place.

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on June 27, 2018, 08:42:12 pm
im really confused and dont know what the barriers to achieving justice in the provision of shelter and does that include the barriers for homlessness. this is regarding to the previous question i had.
Thank you so much!!
Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on June 27, 2018, 08:43:32 pm
Also is there a smaple essay i can look to get a idea on analyse the barriers to achieving justice in the provision of shelter

Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on June 27, 2018, 08:50:45 pm
im really confused and dont know what the barriers to achieving justice in the provision of shelter and does that include the barriers for homlessness. this is regarding to the previous question i had.
Thank you so much!!

Hey,

What do you mean by the barriers to achieving justice in the provision of shelter including the barriers for homelessness?

Also is there a sample essay i can look to get a idea on analyse the barriers to achieving justice in the provision of shelter


I just took a look in the notes section, and there doesn't appear to be anything there - Shelter is a pretty uncommon option!
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 27, 2018, 09:40:03 pm
So Jamon, (or any other legal moderator), I've constructed my first 2 paragraphs (topics) to follow the introduction I posted above, and I'm not sure if I've 'earnt' a response or marking from you guys, but a mere skim would be great help! I'm trying to address the question in a way that answers it with plenty of evidence, as it is primarily about Australia's responses to world order issues, but I don't want it to read like I'm just 'listing examples' or just recounting history. Anyways, I would love some thoughts on how it sounds/wording/content? I'm also, at this point, going to end up over the essay's word limit, so some ideas on what I could omit from the essay or nominalise on would be great :) Thanks :)

Hey! So it's a bit of a weird one hey - Normally I'd say this is a bit much like a historical recount. Despite the huge amount of evidence you aren't doing much with each. The thing is though that this question doesn't really want you to do much, it's really just presenting our response. Really strange question! :P

What I would potentially say is to adopt a less chronological approach to the evidence. Less "this happened then this happened," and more of "We do/did this and this was important because _______." Even just the shift away from doing it in order would be good I think, make it feel less recount-y.

I'd also adjust the evidence to incorporate more LCTMI - Laws, Cases, Treaties, Media, Instruments, all that sort of stuff. Right now it is a lot of organisations/initiatives and statistics, having some media in there would provide a nice balance. Take a look at the treaties Australia is a signatory for that support world order. That sort of stuff ;D

Awesome work though, definitely love the balance between legal and non-legal, you've clearly done your research! :)
Title: Re: HSC Legal Studies Question Thread
Post by: Caleb Campion on June 28, 2018, 12:18:59 pm
Hey! So it's a bit of a weird one hey - Normally I'd say this is a bit much like a historical recount. Despite the huge amount of evidence you aren't doing much with each. The thing is though that this question doesn't really want you to do much, it's really just presenting our response. Really strange question! :P

What I would potentially say is to adopt a less chronological approach to the evidence. Less "this happened then this happened," and more of "We do/did this and this was important because _______." Even just the shift away from doing it in order would be good I think, make it feel less recount-y.

I'd also adjust the evidence to incorporate more LCTMI - Laws, Cases, Treaties, Media, Instruments, all that sort of stuff. Right now it is a lot of organisations/initiatives and statistics, having some media in there would provide a nice balance. Take a look at the treaties Australia is a signatory for that support world order. That sort of stuff ;D

Awesome work though, definitely love the balance between legal and non-legal, you've clearly done your research! :)

Cheers! I actually submitted this essay yesterday, but I changed things around as I had to nominalise a lot to fit in the word count. I really was't impressed by the question, but did what I could. thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: Caleb Campion on June 28, 2018, 12:30:51 pm
So, I'm in a bit of a weird situation. I am several weeks ahead of my class in terms of notes and content, so in class would be just revision. But, we are either going on a huge tangent that is not helpful to the dot points for the HSC, or writing notes identical to ones I already have. So my question is, since I can't sit there memorising my notes during class, what should I so during my classes? Do you have tips for things I should read or do? Like find criticial articles or essays on related topics maybe? :'(
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 28, 2018, 06:54:14 pm
So, I'm in a bit of a weird situation. I am several weeks ahead of my class in terms of notes and content, so in class would be just revision. But, we are either going on a huge tangent that is not helpful to the dot points for the HSC, or writing notes identical to ones I already have. So my question is, since I can't sit there memorising my notes during class, what should I so during my classes? Do you have tips for things I should read or do? Like find criticial articles or essays on related topics maybe? :'(

Howdy! Tough situation indeed - Though it is awesome you are ahead!!

I'd be grabbing some Trial papers and going to town doing some practice exams to be honest! Can never do too much practice. Also invest time getting feedback, perhaps even giving it (I always found helping my mates out really beneficial for myself as well) :)
Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on June 28, 2018, 08:15:08 pm
Hi, I'm really confused and unsure of the barriers to achieving justice in the provision of shelter in relating to homlessness. Can you tell me some barriers im really stuck also how would i introduce the points in a legal studies especially in this case how would i do that. AND for the introduction im not sure what to write to answer this question can you please help me, also what does it mean by analyse the barriers ... thanks
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on June 28, 2018, 08:39:04 pm
Hi, I'm really confused and unsure of the barriers to achieving justice in the provision of shelter in relating to homlessness. Can you tell me some barriers im really stuck also how would i introduce the points in a legal studies especially in this case how would i do that. AND for the introduction im not sure what to write to answer this question can you please help me, also what does it mean by analyse the barriers ... thanks


Hey,

I already wrote a few barriers in relation to homelessness in my first reply to you here. But more explicitly, they are: housing affordability, lack of legislation in regards to homelessness, inconsistency of funding for initiatives. You can also look at how NGOs are the most effective measure for homelessness but don't have enough resources to cater for every homeless person.

You would introduce the points the same way as any other Legal essay. It doesn't have to be fancy, it just has to be to the point. For example, "A barrier to achieving justice in the provision of shelter in relation to homelessness is... (insert barrier here). In terms of analysing the barriers, think about every other essay you've written - it's pretty much the same thing. Look at both sides of each barrier (i.e. effective/ineffective). That's the simplest way to analyse the barriers!
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on June 29, 2018, 03:34:21 pm
Hii,

Today I had my legal exam for family, and the essay question I had was something along the lines of “Assess the effectiveness of legal and non-legal responses in regards to dealing with problems in family relationships.”

I was wondering how bad of a mark one would get if they only spent one paragraph assessing non-legal responses? Because that’s what I did smh. Idk why I blanked out and completely forgot non-legal responses except those of domestic violence and same-sex relationship recognition, but I only wrote about domestic violence non-legal responses.

In terms of legal responses I had MANY for lots of different issues. I can already imagine my teacher saying how my lack of non-legal responses in comparison to legal responses was what limited my mark :/.
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 30, 2018, 12:35:56 am
Hii,

Today I had my legal exam for family, and the essay question I had was something along the lines of “Assess the effectiveness of legal and non-legal responses in regards to dealing with problems in family relationships.”

I was wondering how bad of a mark one would get if they only spent one paragraph assessing non-legal responses? Because that’s what I did smh. Idk why I blanked out and completely forgot non-legal responses except those of domestic violence and same-sex relationship recognition, but I only wrote about domestic violence non-legal responses.

In terms of legal responses I had MANY for lots of different issues. I can already imagine my teacher saying how my lack of non-legal responses in comparison to legal responses was what limited my mark :/.

Hey!! So you probably will not get as good of a mark as you would have if things were more balanced, but I don't think it will matter too much! There is almost always a swing to the legal stuff anyway - Don't stress! ;D
Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on July 01, 2018, 10:39:50 pm
Im really confused and unsure how to write the introduction of this essay question: With specific reference to contemporary issues, analyse the barriers to achieving justice in the provision of shelter
I know the barriers: social hosuing, discrimination and housing affordability please tell me these are correct and if they are i know the barriers but i dont know how to write the intoruduction please help me! much apprreicate it thank you atarnotes
Title: Re: HSC Legal Studies Question Thread
Post by: Lumenoria on July 01, 2018, 11:29:33 pm

Hii,

Today I had my legal exam for family, and the essay question I had was something along the lines of “Assess the effectiveness of legal and non-legal responses in regards to dealing with problems in family relationships.”

I was wondering how bad of a mark one would get if they only spent one paragraph assessing non-legal responses? Because that’s what I did smh. Idk why I blanked out and completely forgot non-legal responses except those of domestic violence and same-sex relationship recognition, but I only wrote about domestic violence non-legal responses.

In terms of legal responses I had MANY for lots of different issues. I can already imagine my teacher saying how my lack of non-legal responses in comparison to legal responses was what limited my mark :/.

My teacher always tries to reassure us that it's "legal" studies - not "non legal studies" haha. Joke aside, I honestly think that, as long as you present a nuanced judgement that is backed up with judicious evidence, you will be more than okay. I honestly don't think a single paragraph on non legal is even that bad - I did it for world order and got 25/25 so I think it really just depends on the writing itself :)
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on July 02, 2018, 12:11:49 am
Im really confused and unsure how to write the introduction of this essay question: With specific reference to contemporary issues, analyse the barriers to achieving justice in the provision of shelter
I know the barriers: social housing, discrimination and housing affordability please tell me these are correct and if they are i know the barriers but i don't know how to write the introduction please help me! much appreciate it thank you atarnotes

Those barriers are fine. :-) Writing an introduction for this essay question is the same as any other one you'd write in Legal. First, answer the question - this can be something super basic like "There are many barriers to achieving justice in the provision of shelter, which is evident through the contemporary issue of homelessness." (pls don't do this, that sentence is just an example) Next, address all the points you're going to be talking about, i.e. barriers. Third (but not totally necessary), link back to the question again. All done!

I'm not going to write out an introduction for you because that kinda defeats the purpose of you learning, but best of luck for this essay!
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on July 02, 2018, 12:22:20 am
My teacher always tries to reassure us that it's "legal" studies - not "non legal studies" haha. Joke aside, I honestly think that, as long as you present a nuanced judgement that is backed up with judicious evidence, you will be more than okay. I honestly don't think a single paragraph on non legal is even that bad - I did it for world order and got 25/25 so I think it really just depends on the writing itself :)



YOUR LEGAL TEACHER IS A DAMN MOOD BAHAHAHA where’s the lieeeee 👀👀. Ok but in all seriousness, I hope you’re riiight. 25/25 is so amazing oml if I got anything even slightly close to that I’d be so happyyy, probs not tho rip.
Title: Re: HSC Legal Studies Question Thread
Post by: nishta on July 04, 2018, 06:10:40 pm
What's the best way to write legal studies notes? Hand-written or typed?
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on July 04, 2018, 06:23:00 pm
What's the best way to write legal studies notes? Hand-written or typed?

Hey!

I've typed all my legal notes but when I do my actual study I'll do quick hand written summaries of my typed notes!

Hope this helps ;D
Title: Re: HSC Legal Studies Question Thread
Post by: joannelovescake on July 04, 2018, 07:21:37 pm
Hi!

As someone else above me said, I prefer having my formal notes typed. I write my notes throughout the term. What I usually do is make a title page for each of the topics, make an outline of the chapters, and include the syllabus on the first page. A good tip is to start a new document (not a new page) for a new topic eg Crime, Human Rights. This not only keeps you organised but it also gives you an indication of how much you'll have to study eventually according to the number of pages you have. Then I ensure I use headings, subheadings, colours etc to make my notes neat and easy to read. When I finish a whole topic, I save the document as a PDF for easier reading; word documents tend to distract me. Typed notes also work better when you need quick access (eg you can just type key words in search)

When I actually study the notes, I rewrite everything twice consecutively in dot point form (and I don't mean for example 100 pages x2, I mean definitions, concepts etc) so it sticks to my brain. Then I highlight one of the duplicates to make it stand out, and read it once again, out loud.

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: eliseeeeee_m on July 16, 2018, 08:32:22 pm
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.

Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on July 16, 2018, 08:59:37 pm
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.



Hi!

From my very distant memory of this topic - no, I don't think so. I recall my teacher telling the class plea bargaining isn't a term used in Australia. Anyway, the syllabus uses the term charge negotiation so if in a MC question both plea bargaining and charge negotiation are both answers, and one of them has to be right maybe go for charge negotiation.

Hope this helps :-)
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on July 17, 2018, 11:39:15 pm
What's the best way to write legal studies notes? Hand-written or typed?

Might sound like a controversial response, but I would only really bother with notes for some of the crime section and the human rights section. My reasons are as follows:
- for crime and human rights, because they are tested short answer and multiple choice, its important you have a concrete grasp of the topics so that you can explicitly know the detail in answering questions and know which dot point that the question is alluding to. I have a full set of HR notes because they're short answer questions and thus 1) there is no time to waffle and 2) the markers are looking at your understanding of the content and you need to be sharp and explicit in your content. While I obviously don't want these to be overly dense, I want enough so that i can write as much as the exam desires. I would try be light in crime notes too to provide flexibility for the essay, something I will allude to with the options.
Whereas in the options, because they are tested in an essay form, it is more important that you know how to apply relevant information to a set question, rather then rote learning a bunch of content. What I would do is look at the past questions for your options, notice trends in questions and what is frequently asked and really hammer those aspects of the course. Obviously, definitions and stuff you need to know explicitly however the essays are testing your ability to link things you know to a given question and provide your own voice in it. This is why, for example with me for my last World Order task, the first part of the syllabus doesn't really give any essay questions and is just a basic overview of the concept. As long as I sorta get what's going on there, then I'm sweet. Then I got together a range of LCMD that could be flexible and be used in a range of questions, and as a lot of questions revolve around legal/non-legal measures, I would integrate the relevant evidence and write very brief notes on the mechanism just explaining what it is to ensure that the marker can see that I know the content. In short, it basically relies on you having an actual understanding of the topic, rather then just a memorisation of dot points. Not only will this save a stack of time because you will avoid writing notes on content you just don't really need, it reduces the likelihood that you will write out a pre-prepared response and annoy the marker that you didn't answer the question. In a topic like world order it is particularly important (I think) to learn the content in this way because all of the concepts revolve around each other.  I'm not saying memorisation is a bad thing necessarily because the fact of the matter is you need to memorise LCMD and aspects of the theory to get a good mark, but learning all the content in a linear format is not the way to go.
I guess in terms of study - just find what works best for you. Not writing syllabus dot points and rote learning for the options, though, is the way to go i feel
Title: Re: HSC Legal Studies Question Thread
Post by: Hello0there on July 18, 2018, 02:57:51 pm
Hi!!

So I'm going through and doing all my family notes, and doing some essay scaffolds. How should I structure a law reform essay in terms of paragraph statements. I know I should put the 3 things I want to talk about in the introduction (I'm a fan of 3 body paragraphs), but for law reform, I feel like it's had to get 3 ideas. I'm working on a 'changing nature of parental responsibility' paragraph.

Should i just model each of my paragraphs for a time period? And then in each paragraph state what happened in this period that changed the law?

Sorry if this came out confusing!!!
Thank You
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on July 18, 2018, 06:30:31 pm
Hi!!

So I'm going through and doing all my family notes, and doing some essay scaffolds. How should I structure a law reform essay in terms of paragraph statements. I know I should put the 3 things I want to talk about in the introduction (I'm a fan of 3 body paragraphs), but for law reform, I feel like it's had to get 3 ideas. I'm working on a 'changing nature of parental responsibility' paragraph.

Should i just model each of my paragraphs for a time period? And then in each paragraph state what happened in this period that changed the law?

Sorry if this came out confusing!!!
Thank You

Hey!

Can't give a specific perspective on family law because I didn't study that topic, but for all reform questions I think the most critical elements that must come out in the essay is basically why did the law change or why was there an amendment to an exisiting law? Think about these different things:
* Conditions - why do they need to change?
* Agency - who recommends changes?
* Mechanisms - how does the law end up changing?

Then from here integrate your LCMD, etc.

If you are able to look at those three factors and look at the issues/themes you are studying, it might be easier to make a logical structure for your paragraph/notes. This is just one perspective to look at it. Maybe someone else can suggest another way :)

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: NowYouTseMe on July 18, 2018, 10:06:20 pm
Hi!!

So I'm going through and doing all my family notes, and doing some essay scaffolds. How should I structure a law reform essay in terms of paragraph statements. I know I should put the 3 things I want to talk about in the introduction (I'm a fan of 3 body paragraphs), but for law reform, I feel like it's had to get 3 ideas. I'm working on a 'changing nature of parental responsibility' paragraph.

Should i just model each of my paragraphs for a time period? And then in each paragraph state what happened in this period that changed the law?

Sorry if this came out confusing!!!
Thank You

Hey there,
I'm personally a fan of 4 body paragraphs in the option topics, but 3 works too ahaha
If I were preparing for a reform question in Family and were doing 3 body paragraphs, I'd approach it by seeing which areas of family law have had consistent reform in response to society's changing values such as divorce, dispute resolution and child maintenance.
Then, I'd structure my paragraphs on those based on how effective or ineffective the reform to the present state has been in terms of meeting society's changing values with associated LCMDs as evidence of this.

hope this helps
Title: Re: HSC Legal Studies Question Thread
Post by: anjaliaiyer on July 19, 2018, 08:47:37 pm
Hi! I'm currently studying world order and with trials coming up I was looking over the themes and challenges. On the whole they're pretty easy to articulate to the concepts of WO, but I'm getting stuck on the role of law reform in promoting and maintaining WO, as well as the impact of changing values and ethical standards on world order. I was wondering if someone could please give me a hand in understanding this? Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on July 19, 2018, 09:21:47 pm
Hi! I'm currently studying world order and with trials coming up I was looking over the themes and challenges. On the whole they're pretty easy to articulate to the concepts of WO, but I'm getting stuck on the role of law reform in promoting and maintaining WO, as well as the impact of changing values and ethical standards on world order. I was wondering if someone could please give me a hand in understanding this? Thank you!

Hey!

I did world order as well and what I found when I did essay plans for each of the themes and challenges was that law reform and changing values and ethical standards go hand in hand. So law reform basically is a new law or an amendment to the law was introduced to assist in resolving different issues. For example for R2P you could use something like this

Following the atrocities of WW2, there was a move towards internationally recognised standards of global protection - CHANGING VALUES OF THE COMMUNITY AS A RESULT OF THE ATROCITIES OF WW2

or

R2P was adopted in response to conflicts of Rwanda and Former Yugoslavia where the UN acted as a ‘bystander not a protector’ - CHANGING VALUES OF THE INTERNATIONAL COMMUNITY THAT THEY WOULD NO LONGER BE A BYSTANDER BUT BE REACTIVE TO ALL GLOBAL SITUATIONS

The above statement can be flipped so its law reform - INTERNATIONAL COMMUNITY THOUGHT THEY NEEDED LEGISLATION TO PREVENT CRIMES AGAINST HUMANITY

This is just an example I pulled straight from my essay plans and my half yearly essay which happened to be on the changing values and ethical standards theme and challenge.

Hope this helps somehow ;D
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on July 21, 2018, 06:01:34 pm
Hey!!

Could someone please explain why for the partial defence of substantial impairment of responsibility, the standard of proof is on the balance of probabilities rather than beyond reasonable doubt?

Thank you :)
Title: Re: HSC Legal Studies Question Thread
Post by: Thomasaa on July 29, 2018, 11:01:28 am
Hey,

Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.

Thanks
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on July 29, 2018, 11:36:05 am
Hey,

Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.

Thanks

Hi!

I've got both self defence and necessity written as complete defences. In reference to that question, I think it's the most correct out of the options given. I remember being really stumped on this question - I think I did a "when in doubt choose C" then lol

Happy to hear from others about this question!
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on July 29, 2018, 12:23:43 pm
Hey,

Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.

Thanks

Hey!
 
After looking at the question, self-defence is probably the 'most correct answer'. I feel like they are referring here to a situation where someone could be like charged with murder and then used self defence, therefore instead of being acquitted their charges just dropped to something like manslaughter. This is how I see it imo :)
Title: Re: HSC Legal Studies Question Thread
Post by: NowYouTseMe on July 29, 2018, 01:40:58 pm
Hey,

Is self defence and necessity a partial or complete defence? My teacher said that they're complete defences but the 2017 HSC multiple choice (Q.18) says that self defence can be used as a partial defence.

Thanks

Hey there,
Self-defence is normally a complete defence, but in the case R v Silva (2015), self-defence was used as a defence but Justice Peter Johnson ruled the offender's force to be 'excessive' and thus only granted a partial defence to murder, setting new precedent in common law for 'excessive self-defence' to be a partial defence.

Hope this helps
Title: Re: HSC Legal Studies Question Thread
Post by: Thomasaa on July 29, 2018, 01:48:46 pm
Thanks for the help guys! :)
Title: Re: HSC Legal Studies Question Thread
Post by: raylmao on July 29, 2018, 04:00:21 pm
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.



plea-bargaining is no longer in operation within NSW
Title: Re: HSC Legal Studies Question Thread
Post by: Rachel_2019 on July 31, 2018, 03:48:14 pm
Hey! I was just wondering if anyone could answer my question!
I am new to atarnotes and learning how to use it properly, so bear with me!
My question is, does anyone know which schools in Western Australia teach or have the course of ATAR Legal Studies or any Law or Politics course?
Thanks so much!
Rachel
Title: Re: HSC Legal Studies Question Thread
Post by: rainyyydays on July 31, 2018, 05:08:59 pm
I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.

Hi! Not sure about the other perspectives on this, but to my knowledge there's a difference. The distinction between them, I think, is that plea bargaining is when the offender agrees to plead to the charge, however, charge negotiation is rather engaging in the process. This idea was taken from the following MC:

1. Ashley has agreed to plead guilty to a lesser charge.
This process is an example of which of the following?

a) Plea bargaining
b) Restorative justice
c) Charge negotiation
d) Judicial guidelines

4. In relation to the injury to the bystanders, Nicole accepts an offer to plead guilty to dangerous driving rather than going to trial for a more serious charge.
Nicole has engaged in which of the following?
a) Diversionary programs
b) Charge negotiation
c) Restorative justice
d) Plea bargaining

Ok so judging by this, it would seem that there is a difference... but like not entirely sure if thats correct?
Uggh so confused someone please shed light?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on July 31, 2018, 06:49:47 pm
Ok so judging by this, it would seem that there is a difference... but like not entirely sure if thats correct?
Uggh so confused someone please shed light?

Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date ;D

Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on July 31, 2018, 06:52:01 pm
Hey! I was just wondering if anyone could answer my question!
I am new to atarnotes and learning how to use it properly, so bear with me!
My question is, does anyone know which schools in Western Australia teach or have the course of ATAR Legal Studies or any Law or Politics course?
Thanks so much!
Rachel

Hello! I think (though I may be corrected, I'm from NSW) that most schools would offer the WACE Legal Studies course (which is called Politics and Law). Here is the documentation!
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on July 31, 2018, 07:32:58 pm
Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date ;D

Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process :)

Yep, 100% agree with you Jamon!!

Just to add on during the charge negotiation process, the defendant can enter a plea of guilty, not guilty or no plea (which is taken as not guilty). Under the Criminal Case Conferencing Trial Act 2008 (NSW), this codifies the discount for guilty pleas. If you plead guilty before your committal hearing you get 25% discount on your sentence or a 12.5% discount if you please guilty after the committal.

 ;D
Title: Re: HSC Legal Studies Question Thread
Post by: anjaliaiyer on July 31, 2018, 07:43:40 pm
Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.

Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: emily_p on July 31, 2018, 07:52:33 pm
Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.

Thank you!

Yep that could definitely work! I would also go into custodial and non custodial penalties, specifically classifications of imprisonment based on how serious the offence is (custodial) => you could talk about there being a trade off between security and safety of the community, and rehabilitation of the offender and thus judges must exercise their discretion quite carefully.
Title: Re: HSC Legal Studies Question Thread
Post by: rainyyydays on August 01, 2018, 10:32:52 am
Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date ;D

Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process :)

ok thanks heaps, this really helps! sorry if I confused anyone...  ;D
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on August 01, 2018, 11:14:38 pm
Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.

Thank you!
Hey there,
You could run with those two paragraphs, or you could even combine them together and frame it around the impacts of mandatory sentencing and why the judge must be able to consider the agg and mit factors of each case (fairness etc- cornerstone of the Criminal Justice system). I would then talk about how the introduction of police powers limits police discretion and this is a good thing because it creates a better power balance between police and the community and they are sure of their role. I would then talk about the introduction of the 'Tougher, Smarter Justice Reforms' (2017) and specifically how the creation of intensive correction orders (ICO's) not only encourages rehabilitation of an offender and thus improves sentencing outcomes but judges are given more options (discretion) in terms of finding the most adequate penalty for the offender.
Hope that helps - we actually got this question in our half yearly and I'd be happy to share evidence with you if you wanted  :)
Title: Re: HSC Legal Studies Question Thread
Post by: nikitap29011 on August 06, 2018, 07:12:11 pm
Hey there,
Just got a quick multiple choice question to ask about:

Which best protects Human Rights in Australia:
a) Constitution
b) Common Law
c) Statute Law
d) Courts and Tribunals

I dont have access to the answers but I would have gone with the constitution as the rights, although limited, are guaranteed and better protected than the other options. Just wondering what you guys reckon??

Thanks!!!
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on August 06, 2018, 07:23:10 pm
Hey there,
Just got a quick multiple choice question to ask about:

Which best protects Human Rights in Australia:
a) Constitution
b) Common Law
c) Statute Law
d) Courts and Tribunals

I dont have access to the answers but I would have gone with the constitution as the rights, although limited, are guaranteed and better protected than the other options. Just wondering what you guys reckon??

Thanks!!!

I think its C, statute law :)
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on August 06, 2018, 07:30:13 pm
I think its C, statute law :)

I second this! What does everyone else think?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on August 06, 2018, 10:51:23 pm
I second this! What does everyone else think?

Ima hit you with a zesty B ;D

Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B :) I like this question purely for the discussion point though! Bit subjective for an MC imo! :)

Title: Re: HSC Legal Studies Question Thread
Post by: eliseeeeee_m on August 06, 2018, 11:06:40 pm
Ima hit you with a zesty B ;D

Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B :) I like this question purely for the discussion point though! Bit subjective for an MC imo! :)


I was caught between D and B, but that explanation makes sense ^^^ Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: katgrace1 on August 07, 2018, 07:00:45 pm
Hi I was just wondering for workplace does broad case studies work eg. coles or do you need to be specific and reference the case in legal jargon?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on August 07, 2018, 07:18:33 pm
Hi I was just wondering for workplace does broad case studies work eg. coles or do you need to be specific and reference the case in legal jargon?

Hey! Specific case and legislation references are going to be better for you, but going with broader types of evidence is still going to work! :)
Title: Re: HSC Legal Studies Question Thread
Post by: nikitap29011 on August 07, 2018, 07:23:44 pm
Hey! Specific case and legislation references are going to be better for you, but going with broader types of evidence is still going to work! :)

Could be wrong, but also I feel like broad cases which cover many syllabus points are invaluable both in terms of memorising and use.
Like for crime, the Jill Meagher case; R v Bayley 2013 covers heaps from use of technology in police powers to law reform to sentencing.




Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on August 07, 2018, 07:26:05 pm
Ima hit you with a zesty B ;D

Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B :) I like this question purely for the discussion point though! Bit subjective for an MC imo! :)

Going to still go with C on this one!

I think you can interpret it that yes although common law exists, any statute law or act of parliament can be passed at the government's will which in turn, may override common law.
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on August 07, 2018, 07:26:48 pm
Could be wrong, but also I feel like broad cases which cover many syllabus points are invaluable both in terms of memorising and use.
Like for crime, the Jill Meagher case; R v Bayley 2013 covers heaps from use of technology in police powers to law reform to sentencing.

Yeah absolutely!! Specific cases with broad applications are the way to go. What I mean to say is that just, say, using Coles and its practices as an example in an essay isn't as good as, say, a specific case that Coles was involved with. That specific case could be applied to lots of different questions/topics - If so, golden ;D

Going to still go with C on this one!

I think you can interpret it that yes although common law exists, any statute law or act of parliament can be passed at the government's will which in turn, may override common law.

Tis a good point! But how long would that take? Compared to a judge and jury just going, "Yeah nah you actually can't do that to someone ya idiot," on the spot ;D
Title: Re: HSC Legal Studies Question Thread
Post by: katgrace1 on August 07, 2018, 08:25:52 pm
Thanks very much.
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on August 11, 2018, 07:45:10 pm
should you just memorise an essay for family and consumers and for the crime extended response


Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on August 11, 2018, 07:57:42 pm
should you just memorise an essay for family and consumers and for the crime extended response

I'm going to agree and say for your options you can memorise a prepared essay to an extent, and then hopefully you will be able to adapt to the question.

However, for crime I think it is just way too unpredictable now to memorise an essay for it. Memorising essay plans for different questions is probably better and more viable in comparison to a fully prepared essay. Especially with the bail and remand question last year, no one really saw that coming.

Anyways, that's just how I see it imo :)
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on August 11, 2018, 09:19:47 pm
how would you answer this question

outline the role of law reform in the abolition of slavery?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on August 12, 2018, 09:51:47 am
how would you answer this question

outline the role of law reform in the abolition of slavery?

I'd be stepping through the key law changes that have occurred in relation to slavery! Now these dot points require a bit more history than most, so you could start with something like the Slavery Abolition Act 1833. But then make sure you reference more modern declarations as well, like the UDHR :)
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on August 13, 2018, 02:50:21 pm
Would it be better to do the essays first and leave the multiple choice until last?

is trials really a good indication of what you will get in the actual hsc? 
if your rank is bad but you end up doing well in the hsc but people who were ranked higher than you performed poorly would it really affect your mark?

Around how many pages should you generally be writing for the 25 mark essays


Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on August 13, 2018, 04:41:20 pm
Would it be better to do the essays first and leave the multiple choice until last?

is trials really a good indication of what you will get in the actual hsc? 
if your rank is bad but you end up doing well in the hsc but people who were ranked higher than you performed poorly would it really affect your mark?

Around how many pages should you generally be writing for the 25 mark essays




Hi!

If that’s the method that’s going to work for you, do it because what works for some people doesn’t necessarily work for others. Personally, I liked to do MC first because I felt like it gave my brain a bit of a warm-up before hitting the essays.

As for your second question, as long as you do well in the HSC you’ll be fine. If your bad rank affects your internal mark, your good mark in the HSC should be able to balance it out. :-)

A 25 marker is usually ~6 pages, depending on handwriting size, so that’ll be roughly 1000 words.

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on August 17, 2018, 08:29:07 pm
who has the burden of proof in the local court is it the dpp

would a case involving manslaughter be held in the district court






Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on August 17, 2018, 09:57:08 pm
who has the burden of proof in the local court is it the dpp

would a case involving manslaughter be held in the district court


Hi!

As the name suggests, the DPP does have the burden of proof. --> Director of Public Prosecutions. :-)

I don't think so - I just looked through my notes and "[the District Court's jurisdiction] extends to all indictable offences, apart from murder, attempted murder, treason, serious sexual assault and kidnapping." However I have a faint memory of my year 10 commerce teacher talking about a manslaughter trial in the District Court when he was on jury duty? Happy to hear from others about this!

Hope this helps :-)
Title: Re: HSC Legal Studies Question Thread
Post by: martinarena_ on August 20, 2018, 10:06:08 pm
who has the burden of proof in the local court is it the dpp

would a case involving manslaughter be held in the district court

Hi!

As the name suggests, the DPP does have the burden of proof. --> Director of Public Prosecutions. :-)

I don't think so - I just looked through my notes and "[the District Court's jurisdiction] extends to all indictable offences, apart from murder, attempted murder, treason, serious sexual assault and kidnapping." However I have a faint memory of my year 10 commerce teacher talking about a manslaughter trial in the District Court when he was on jury duty? Happy to hear from others about this!

Hope this helps :-)

@fantasticbeasts3 hey there! yep, you're right - manslaughter is heard in the district court :)
@amelia20181 Here's a really good website that I found in which it explains the offence really well, as well as the court its heard in etc.
https://www.armstronglegal.com.au/criminal-law/offences/murder/manslaughter
Ooo, I'd also add that the first court that hears the case will be the Local Court in order to determine prima facie (that is, whether it should be prosecuted or not)  ;D
Hope all this is helpful  :)  :)  :)
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on August 20, 2018, 10:13:24 pm
Thanks! That was really helpful




Title: Re: HSC Legal Studies Question Thread
Post by: heidzzz on September 07, 2018, 11:50:06 am
Hey, i was just wondering how should i structure an answer to this question,

Outline the role of international legal and non-legal measures in maintaining world order and assess their effectiveness in relation to the nuclear threat

should my legal and non-legal responses only relate to the nuclear threat, the question has thrown me off a bit and i'm not sure how to answer it and specifically structure it

any help is appreciated so much
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on September 07, 2018, 02:17:55 pm
Hey, i was just wondering how should i structure an answer to this question,

Outline the role of international legal and non-legal measures in maintaining world order and assess their effectiveness in relation to the nuclear threat

should my legal and non-legal responses only relate to the nuclear threat, the question has thrown me off a bit and i'm not sure how to answer it and specifically structure it

any help is appreciated so much

Hey!

I think this question is only asking you to talk about your legal/non-legal responses in relation to the nuclear threat. I didn't study world order, but my typical structure for legal/non-legal essay questions were:
- Introduction
- Somewhat effective legal
- Somewhat effective non-legal
- Not very effective legal
- Not very effective non-legal
- Conclusion

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on September 10, 2018, 04:20:25 pm
Why are peace and environmental rights collective but civil and political aren’t
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on September 11, 2018, 12:30:09 am
why is the answer for this a
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on September 11, 2018, 12:31:15 am
why is the answer for this b
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on September 11, 2018, 08:08:22 am

Why are peace and environmental rights collective but civil and political aren’t

Hey! This is because civil and political rights are afforded to every individual person, they were the first human rights to be recognised so hence are 1st generation rights.

Peace and environmental rights are collective because individuals don’t have a right to them, per say. But groups do. For example, one individual person doesn’t have a right to a clean environment, but it is recognised now that society and communities do have that right, as a whole.

It’s a little tricky, and perhaps I’m not explaining it right, but it is just one to remember
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on September 11, 2018, 08:09:34 am

why is the answer for this b

These questions seem like they could be from the old Legal Studies syllabus, what year exam are they from?
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on September 11, 2018, 10:07:35 am
2001
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on September 11, 2018, 10:29:23 am
Hey, i was just wondering how should i structure an answer to this question,

Outline the role of international legal and non-legal measures in maintaining world order and assess their effectiveness in relation to the nuclear threat

should my legal and non-legal responses only relate to the nuclear threat, the question has thrown me off a bit and i'm not sure how to answer it and specifically structure it

any help is appreciated so much

I would say that you'd have to focus on the nuclear threat because it has specified.
This isn't too tricky to do I don't think as there is a lot of information on it.
I would structure my paragraphs around 2 legal responses and 2 non-legal responses in order to give a balanced treatment of both.
I would look at North Korea as a case study as it is relevant to modern day society and perhaps shape your legal and non legal responses around this.
Just a thought
Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on September 11, 2018, 10:37:00 am
why is this contract law and not tort law

Title: Re: HSC Legal Studies Question Thread
Post by: amelia20181 on September 11, 2018, 03:39:16 pm
why is the answer for this b and not a
Title: Re: HSC Legal Studies Question Thread
Post by: shivansh on September 11, 2018, 04:41:22 pm
why is the answer for this b and not a

Any international treaties or agreements are only effective if they are ratified and in Australia and most countries that only happens when domestic legislation is introduced. Moreover, signing an international treaty such as the UDHR is optional (state sovereignty) but laws in a country must be followed with no exception 
Title: Re: HSC Legal Studies Question Thread
Post by: shivansh on September 11, 2018, 04:47:07 pm
why is this contract law and not tort law

This is a weird question and don't expect to see anything like this in the HSC but it's because a standard contract requires that the product must be fit for purpose and to be a safe product. Obviously, the product has breached both of these requirements and therefore the contract was broken. Tort law however, is a much broader field and just anytime one party commits a civil wrong against another party. This question is pretty stupid in my opinion but contract law would be the MOST right answer
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on September 11, 2018, 05:58:43 pm

2001

Waaaay too old - The current syllabus didn’t kick in until 2011 (if I’m wrong please someone correct me!) I believe? So don’t look at any papers from before then

(Ps, on my phone so will just add here instead of sending a proper thing, please remember not to chain post! Add stuff to your last post so the feed doesn’t clog up )
Title: Re: HSC Legal Studies Question Thread
Post by: acalt2019 on September 13, 2018, 09:21:47 pm
Hey,

I was given this question for an essay for my final assignment worth 40 percent. Have been very troubled with discussion point topics to include, finding examples has been easy but understanding and expressing the nature of the question has been difficult. Intend to use basic LCMID such as Mokbel, Tang, wonderland etc. Wondering if i could get help please :)
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on September 13, 2018, 10:03:50 pm
Hey,

I was given this question for an essay for my final assignment worth 40 percent. Have been very troubled with discussion point topics to include, finding examples has been easy but understanding and expressing the nature of the question has been difficult. Intend to use basic LCMID such as Mokbel, Tang, wonderland etc. Wondering if i could get help please :)

Hi! I think you forgot to insert the question :-) We can't help you if there's no question!! Hahaha
Title: Re: HSC Legal Studies Question Thread
Post by: ilikeapples on September 17, 2018, 06:22:28 pm
In terms of Australian responses to international crime... I have a bunch of information on statute law and legislation such as the ratification of the Rome Statute.. but not so much on common law. I am finding it difficult to find cases of crimes against the international community heard in Australian courts, anyone have any information on this or any specific cases... anything is greatly appreciated!
Title: Re: HSC Legal Studies Question Thread
Post by: katgrace1 on September 19, 2018, 04:28:32 pm
In terms of Australian responses to international crime... I have a bunch of information on statute law and legislation such as the ratification of the Rome Statute.. but not so much on common law. I am finding it difficult to find cases of crimes against the international community heard in Australian courts, anyone have any information on this or any specific cases... anything is greatly appreciated!

When looking at common law, you will struggle as the ICC Acts was only established in 2002. Hence any crime against humanity prior to 2002 is not prosecutable in Australia. It may be better to focus on extradition such as Dragan Vasiljokovic as other courts have the jurisdiction. It may be also well noting that in the common law system an everyday person cannot just prosecute against another person for these crimes (particularly head of states) without consent from the attorney general. E.g In 2011 an Australian citizen in the Victorian magistrates court claimed President Mahinda Rajapaksa had committed war crimes and crimes against humanity. The indictment filed was refused by the attorney general due to 'head of state immunity'. Hence I would focus on the ICC and note that atm it is hard to establish effectiveness of both international and domestic mechanisms due to the mechanisms being relatively new. (Less than 20 years is not significant considering there has been no significant crimes in this period in Australia). It may be worth investigating further into Australia being a haven for war criminals as a result. (Plenty of media articles on this). Hope this helps.
Title: Re: HSC Legal Studies Question Thread
Post by: ilikeapples on September 19, 2018, 09:38:45 pm
Okay thanks heaps  :D
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on October 06, 2018, 11:54:51 pm
Hi,

In essays, do we need to know which section of an act we are referring to? E.g. for CROC, the specific articles. It seems like a lot extra to memorise.

Thanks :)
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 07, 2018, 12:46:30 am
Hi,

In essays, do we need to know which section of an act we are referring to? E.g. for CROC, the specific articles. It seems like a lot extra to memorise.

Thanks :)

Hi!

Nope, not necessary :-)
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on October 07, 2018, 01:12:12 am
Hi!

Nope, not necessary :-)

Phew, thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on October 07, 2018, 11:54:11 pm
Maybe I'm just being dramatic here (since HSC is a few days away), but do people ACTUALLY memorise legislations, media articles, cases, international instruments, reports/documents and statistics for EVERY legal dot point? Like in most subjects, the content straight from the syllabus is pretty much all there is to learn. But legal isn't just content heavy, but needing to know the additional LMCDI for every dot point just seems impossible to me. Like how. In trials I just memorised LMCDI for a few parts of the Option topics, and a few per main section of the crime syllabus and thankfully the questions reflected that. But in HSC, I know especially for crime, they can ask for specific areas and at this point I feel like english has less to memorise than legal tbh smh.
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 08, 2018, 08:10:39 am
Maybe I'm just being dramatic here (since HSC is a few days away), but do people ACTUALLY memorise legislations, media articles, cases, international instruments, reports/documents and statistics for EVERY legal dot point? Like in most subjects, the content straight from the syllabus is pretty much all there is to learn. But legal isn't just content heavy, but needing to know the additional LMCDI for every dot point just seems impossible to me. Like how. In trials I just memorised LMCDI for a few parts of the Option topics, and a few per main section of the crime syllabus and thankfully the questions reflected that. But in HSC, I know especially for crime, they can ask for specific areas and at this point I feel like english has less to memorise than legal tbh smh.

Hi!

You don’t need to memorise LCMs for every dot point. It’s really up to the person to decide how extra they want to be with their LCMs (usually the more, the better). If you feel like it’s unnecessary to memorise them for a specific dot point, trust your judgement. I memorised LCMs for every dot point except for the first part of crime and my option topics and I came out alright lol

Basically, trust your judgement on how many LCMs you need. If you feel like it’s excessive, it probably is.

Best of luck!
Title: Re: HSC Legal Studies Question Thread
Post by: Hello0there on October 12, 2018, 09:19:17 pm
Hey there!

Can anyone tell me if when referencing articles in an essay I should write out the full name? My teacher said writing the source and the date posted will be enough and save time. What do you think?

Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 12, 2018, 09:31:11 pm
Hey there!

Can anyone tell me if when referencing articles in an essay I should write out the full name? My teacher said writing the source and the date posted will be enough and save time. What do you think?

Thanks!

Hi!

Just the source and date posted is fine :-)
Title: Re: HSC Legal Studies Question Thread
Post by: Razeen25 on October 13, 2018, 03:03:08 am
Hi!

You don’t need to memorise LCMs for every dot point. It’s really up to the person to decide how extra they want to be with their LCMs (usually the more, the better). If you feel like it’s unnecessary to memorise them for a specific dot point, trust your judgement. I memorised LCMs for every dot point except for the first part of crime and my option topics and I came out alright lol

Basically, trust your judgement on how many LCMs you need. If you feel like it’s excessive, it probably is.

Best of luck!

This gave peace of mind, thank you! :).
Title: Re: HSC Legal Studies Question Thread
Post by: markkhodair on October 14, 2018, 01:58:53 pm
Hey! My textbook and crime notes show self-defence as a complete defence, however in HSC multiple choice questions regarding defences, self-defence is always the answer to "which defence is a partial defence" or blah blah. Could someone clarify why it's a partial defence? And also why everywhere I look, self-defence is stated as a complete defence? Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on October 14, 2018, 03:05:07 pm
Hey! My textbook and crime notes show self-defence as a complete defence, however in HSC multiple choice questions regarding defences, self-defence is always the answer to "which defence is a partial defence" or blah blah. Could someone clarify why it's a partial defence? And also why everywhere I look, self-defence is stated as a complete defence? Thank you!

Hey!

Im pretty sure self defence can be taken as both. So say in the case of R v Smith 2008, where the defendant suffered 30+ years of domestic violence, attempted to kill her husband but as she raised self defence her case was acquitted and thus was used as a full defence. On the other hand in the case of R v Silva 2015, she killed her partner after long-term abuse and raised self defence, her charges were dropped from murder to manslaughter and thus she received a suspended sentence. So, I think it really just depends on the situation.

If you are referring to the 2017 HSC question which asked which of the following is a partial defence, self defence was the correct answer because it was MOST correct. One of the options was not a defence and the other 2 options were full defences, thus making self defence the most correct answer.
Title: Re: HSC Legal Studies Question Thread
Post by: markkhodair on October 14, 2018, 05:27:13 pm
Hey!

Im pretty sure self defence can be taken as both. So say in the case of R v Smith 2008, where the defendant suffered 30+ years of domestic violence, attempted to kill her husband but as she raised self defence her case was acquitted and thus was used as a full defence. On the other hand in the case of R v Silva 2015, she killed her partner after long-term abuse and raised self defence, her charges were dropped from murder to manslaughter and thus she received a suspended sentence. So, I think it really just depends on the situation.

If you are referring to the 2017 HSC question which asked which of the following is a partial defence, self defence was the correct answer because it was MOST correct. One of the options was not a defence and the other 2 options were full defences, thus making self defence the most correct answer.

Thank you so much! Also, not sure if you'll be able to answer this based on the options you may have completed for legal studies, but for those who can, what is the main message we should try to make or send across when writing a family law essay? I understand that each question asks for something different, but we never really got to finish family law before graduation, and I'm kind of nervous about it. With my other option, I always know what I should be revolving my arguments around, but for family, I don't.

Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: splimestudios on October 14, 2018, 06:41:56 pm
Hi all you litigators,

I'm just wondering with regard to workplace, I've been doing a fair bit of prep with regard to structuring how I would write an essay in response to certain syllabus points, and in relation to the Learn To: "evaluate the effectiveness of legal and non-legal measures in protecting and recognising workplace rights" from the 'regulating the workplace' section I was thinking of structuring it like this, but I want to know your thoughts if this still relates to what they're after, as the biggest fear for me is to write an essay outside of where the question is targetted in the syllabus.

Paragraph 1: Talk about Fair Work Act incl. introduction of enterprise agreements, collective bargaining etc. + FWC and FWO. Then go into detail how the BOOT test and enforceability of BOOT test by FWC ensures workplace rights to min. wages and so on are upheld w/ case reference.

Paragraph 2: It's only a very small part in the textbook despite spending a lot of time on it in class, but vicarious liability seems to me to be a big part of workplace law but idk if it still comes under the umbrella of 'workplace regulation'. I was gonna talk about Hollis v Vabu case and then a recent discrimination case where AUS Post was found culpable of refusing to act on complaints about some girl being racially abused in the workplace. I was planning of then linking this to how it upholds rights to be free from discrimination by regulating companies to act within means of the law. BUT this is the section that concerns me because I'm not sure if I can talk about this? Let me know pleaseee..

Paragraph 3: If the q relates to non-legal as well, then I'd talk about Trade Unions and their involvement in the third paragraph. I'm fairly sure this is pretty standard and I have the QANTAS case to back me up in terms of effectiveness for workers' justice and rights are easy to link to ICCPR.

The other thing is in relation to Family Law - I'm just wondering with regard to Domestic Violence how one would structure an essay in response to a q like 'how does familly law respond to conflict in families'. My teacher seems to think we should all avoid and do the other q option if we get something specifically with regard to DV but I'm interested in it, but apparently most of the time students end up writing Crime essays and mentioning ADVOs and BOCSAR statistics to discuss effectiveness. I'm just a little bit confused of what you'd write, as she thinks you need to ensure everything is linked to family Law which is understandable cause' it is Family Law - but how would you talk about DV in relation to Family Law without going off into a crime essay. My textbook seems contradictory and talks about ADVOs and so on and the failures of it so I'm just a little unsure of what to do in the case that NESA throws in a cheeky DV q on us.

Thanks all!
Title: Re: HSC Legal Studies Question Thread
Post by: loz0829 on October 15, 2018, 08:53:08 pm
Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on October 15, 2018, 09:01:31 pm
Thank you so much! Also, not sure if you'll be able to answer this based on the options you may have completed for legal studies, but for those who can, what is the main message we should try to make or send across when writing a family law essay? I understand that each question asks for something different, but we never really got to finish family law before graduation, and I'm kind of nervous about it. With my other option, I always know what I should be revolving my arguments around, but for family, I don't.

Thank you!

Hey! Sorry for the late reply! Family law essays tend to focus on just and equivocal outcomes, on equal access to the law. Surrogacy and same-sex are both around enhancing the law to grant familial rights to more people. Care and protection is about ensuring those outcomes are just to children, and so on. It's a hard thing to generalise, but if I had to, that's how I would do it ;D

The other thing is in relation to Family Law - I'm just wondering with regard to Domestic Violence how one would structure an essay in response to a q like 'how does familly law respond to conflict in families'. My teacher seems to think we should all avoid and do the other q option if we get something specifically with regard to DV but I'm interested in it, but apparently most of the time students end up writing Crime essays and mentioning ADVOs and BOCSAR statistics to discuss effectiveness. I'm just a little bit confused of what you'd write, as she thinks you need to ensure everything is linked to family Law which is understandable cause' it is Family Law - but how would you talk about DV in relation to Family Law without going off into a crime essay. My textbook seems contradictory and talks about ADVOs and so on and the failures of it so I'm just a little unsure of what to do in the case that NESA throws in a cheeky DV q on us.

Thanks all!

Welcome to the forums splimestudios! I can't answer your Workplace question, but I can answer this one :)

I did DV in my Trial (or HSC? One of them for sure...) and definitely included discussion of ADVO's, and probably BOCSAR statistics too, and did just fine. The trick is to discuss them in a way that relates to Family Law, which as I talk about above, is typically about just outcomes and equal access to the law. It's not about balancing rights of offender and society, or any of those more "crime" centric ideas - That is the trap to avoid. But I like DV as an essay topic because of that overlap, it makes things easier.

Not to go against your teacher or anything, just saying I did it and was fine (I state ranked, so they can't have disliked it too much, aha) :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on October 15, 2018, 09:07:19 pm
Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?

Hey! You won't find any transnational cases in the ICC, because the ICC only hears crimes against the international community! War crimes, essentially - Transnational stuff like drug trafficking won't ever end up there :)
Title: Re: HSC Legal Studies Question Thread
Post by: charlottemchenry on October 15, 2018, 09:09:05 pm
Hi,
Does anyone have any good cases relating to transnational crimes heard in the ICC?


Hey, I could be wrong but I'm fairly sure transnational crimes aren't heard in the ICC, rather they are dealt with under the domestic law of that country.

An example would be R v Dobie 2009 - human trafficking under  So it includes things like human trafficking unders271 of the Commonwealth Criminal Code. He went through the Australian Court process (in QLD) and was sentenced to 5 years jail.

Hope that helps :)

Title: Re: HSC Legal Studies Question Thread
Post by: splimestudios on October 15, 2018, 09:58:46 pm
I did DV in my Trial (or HSC? One of them for sure...) and definitely included discussion of ADVO's, and probably BOCSAR statistics too, and did just fine. The trick is to discuss them in a way that relates to Family Law, which as I talk about above, is typically about just outcomes and equal access to the law. It's not about balancing rights of offender and society, or any of those more "crime" centric ideas - That is the trap to avoid. But I like DV as an essay topic because of that overlap, it makes things easier.

Not to go against your teacher or anything, just saying I did it and was fine (I state ranked, so they can't have disliked it too much, aha) :)

Thanks so much for getting back to me on that - it definitely reassures me about doing DV! One would be silly not to trust a state ranker haha. Do you know anyone here that did workplace that I could get an answer for my workplace question though? It's a little bit concerning Legal is only a week away now. ;-;
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on October 18, 2018, 09:48:38 pm
Hey,

In terms of search and seizures, in the scenario where police:
-  have suspicion on reasonable grounds that someone has a stolen item on them
- do not have a warrant
- and the person refuses the search

... can they still perform the search on the bag, body etc or is the warrant required. If the warrant is required can't you basically just refuse every search.

Thanks in advance
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 18, 2018, 10:34:13 pm
Hey,

In terms of search and seizures, in the scenario where police:
-  have suspicion on reasonable grounds that someone has a stolen item on them
- do not have a warrant
- and the person refuses the search

... can they still perform the search on the bag, body etc or is the warrant required. If the warrant is required can't you basically just refuse every search.

Thanks in advance

Hi!

For the scenario you've given, I think it's a yes to the search. Don't quote me on this, but you could be committing an offence for not following police instructions, i.e. not complying with the search. I associate warrants with something like if police want to search something further, like your home.

I'd love to hear from others on this. :-)

Good luck for next week!
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on October 19, 2018, 03:22:48 pm
Hey Guys!

What are your thought on these topics for HSC family law essay?
- Domestic violence
- Changing nature parental responsibility
- Adoption (My teacher said this has never been asked?? He said this q would probs relate to law reform)
- Care and protection of children

I've made rough essay drafts on the above, and now i just want to focuse on crime and WO. But i haven't really looked at anything under the 2nd dot point at all apart from DV. Reckon it might be okay to skip it?

Also, any tips on preparing for WO? i was actually away for a bit while we were learning it in class, and i'm actually finding WO a lot more confusing than family. I think its because i'm just less interested in international stuff/less familiar with it in general
Title: Re: HSC Legal Studies Question Thread
Post by: Caleb Campion on October 20, 2018, 08:40:46 am
Hey! We're just two days out from the exam! Crazy!

But my question was, do I really need much or even any domestic legislation for the World Order essay? Because it is obviously almost entirely international documents etc.

Should I maybe just find some examples I can add in that say ''which Australia has enacted via ................ Act'' ?

Also, I have a question that is the opposite for Workplace! Should I just think of maybe throwing in an international document that labour rights such as leave are acknowledged in or derived from?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on October 20, 2018, 10:13:33 am
Hey! On both questions, yes, they would be good inclusions! I didn’t do Workplace but international documents are a nice addition, and for World Order, domestic legislation is important since domestic legislation ultimately needs to exist to enforce international doctrine. For example, we amended our Criminal Code for the ICC
Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on October 21, 2018, 02:37:17 am
what are the possibe crime, shelter and consumer essay questions for 2018 hsc legal studies? ANY IDEA PLEASE LIST THEM SO I CAN PREPARE IF NOT HOW DO I PREPARE FOR THIS ON MONDAY?
THANKS
Title: Re: HSC Legal Studies Question Thread
Post by: AdmiralVictor on October 21, 2018, 07:48:04 am
For the option essays that say 'refer to at least one contemporary issue..' is it fine to refer to content from the first two syllabus headings or are we restricted to contemporary issues? (E.g. could I talk about divorce and DV for family law Qs rather than limiting to just contemporary?)

And for law reform Qs, would bills that are in the process of being read in parliament and soon to be enacted count? Do I just refer to them as proposed law reforms and evaluate them from there? (E.g. royal commission findings made recommendations and parliament is implementing them in a bill and will soon be passed but not yet as of the hsc - will that still count as law reform?)

Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: StudyBuddyKJ on October 21, 2018, 10:10:39 am
Could someone let me know if my answer is suitable for this question?

4.   Assess the role of law reform in protecting human rights (MEMORISED)
Law reform has been effective in protecting human rights through advocating greater recognition, yet it has been effective only to a limited extent thus far. Pressure to reform the existing law comes from multiple sources such as courts of nation-states, particularly from the International Law Commission and within the International Criminal Court (ICC). The ICC, governed by the Rome Statute (1998) plays a huge role in protecting human rights by hearing cases against individuals who have breached international law. This brings reform. The work of the ICC has led to the recognition of rape as a war crime within the ad hoc war crime tribunals of Rwanda and the former Yugoslavia.  However, there are still areas of human rights law that require reform. These include  Australia’s response to asylum seekers (as their policies are being heavily criticized), reworking the formal definition of a refugee as well as their global treatment. 
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 21, 2018, 12:12:04 pm
what are the possible crime, shelter and consumer essay questions for 2018 hsc legal studies? ANY IDEA PLEASE LIST THEM SO I CAN PREPARE IF NOT HOW DO I PREPARE FOR THIS ON MONDAY?
THANKS

Hi!

I wouldn't try and predict questions just in case they throw a few curveballs *cough* crime 2017. Just remember as many LCMs as you can and you'll be set for tomorrow.

Best of luck!!

For the option essays that say 'refer to at least one contemporary issue..' is it fine to refer to content from the first two syllabus headings or are we restricted to contemporary issues? (E.g. could I talk about divorce and DV for family law Qs rather than limiting to just contemporary?)

And for law reform Qs, would bills that are in the process of being read in parliament and soon to be enacted count? Do I just refer to them as proposed law reforms and evaluate them from there? (E.g. royal commission findings made recommendations and parliament is implementing them in a bill and will soon be passed but not yet as of the hsc - will that still count as law reform?)

Thanks!

Hello!

1. Contemporary issues: Yep, that's fine -- as long as you keep referring to that contemporary issue throughout your essay.
2. Law reform: All good too. :-)

Best of luck for tomorrow!

Could someone let me know if my answer is suitable for this question?

4.   Assess the role of law reform in protecting human rights (MEMORISED)
Law reform has been effective in protecting human rights through advocating greater recognition, yet it has been effective only to a limited extent thus far. Pressure to reform the existing law comes from multiple sources such as courts of nation-states, particularly from the International Law Commission and within the International Criminal Court (ICC). The ICC, governed by the Rome Statute (1998) plays a huge role in protecting human rights by hearing cases against individuals who have breached international law. This brings reform. The work of the ICC has led to the recognition of rape as a war crime within the ad hoc war crime tribunals of Rwanda and the former Yugoslavia.  However, there are still areas of human rights law that require reform. These include  Australia’s response to asylum seekers (as their policies are being heavily criticized), reworking the formal definition of a refugee as well as their global treatment. 


Hi!

I think it's great. Remember, you don't need to tell the marker that the ICC is governed by the Rome Statute -- they already know that. Just focus on actually making a judgement (which you have) and you'll be just fine tomorrow.

Best of luck!!
Title: Re: HSC Legal Studies Question Thread
Post by: ayeleetaayeleetahh on October 21, 2018, 12:23:34 pm
Hiii does anyone know any cases for crime that cover multiple dot points?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on October 21, 2018, 01:26:02 pm
Hiii does anyone know any cases for crime that cover multiple dot points?

The cases in these notes are pretty versatile! ;D
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on October 21, 2018, 02:13:25 pm
Hey guys,

I have a few last minute legal essay qs:

1. Do we need to define key words ofthe essay q? I've actually asked this before, so i'm sorry for sounding like a broken record, but in our exam feedback our teacher really emphasised that we needed to define 'discretion' in our introduction. I've heard that definitions aren't necessary, and i would prefer not having to remember extra stuff (i do understand the concept, i just find it difficult to explain it in technical wording straight off of my head). Do HSC markers have a preference?

2. Do we need to state the section of the act/treaty? Our just know the name of the act is fine? Same thing with the above, my teacher said we should remember the parts and subsections, but it seems incredibly difficult to memorise all of them.

3. For family law, i feel like there's a lot of overlap between care and protection of children and responsibilities of parents. If we were to discuss those two in an essay, should paragraphs be clearly defined on which topic is being discussed, or can we discuss them together? Also, since CROC is important, should it have a paragraph for itself, or just weave it throughout the essay when i discuss aus legislation?

4. Can we discuss law reform exensively, if the question isn't a law reform question?

Thank you!!!

Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 21, 2018, 02:34:01 pm
Hey guys,

I have a few last minute legal essay qs:

1. Do we need to define key words ofthe essay q? I've actually asked this before, so i'm sorry for sounding like a broken record, but in our exam feedback our teacher really emphasised that we needed to define 'discretion' in our introduction. I've heard that definitions aren't necessary, and i would prefer not having to remember extra stuff (i do understand the concept, i just find it difficult to explain it in technical wording straight off of my head). Do HSC markers have a preference?

2. Do we need to state the section of the act/treaty? Our just know the name of the act is fine? Same thing with the above, my teacher said we should remember the parts and subsections, but it seems incredibly difficult to memorise all of them.

3. For family law, i feel like there's a lot of overlap between care and protection of children and responsibilities of parents. If we were to discuss those two in an essay, should paragraphs be clearly defined on which topic is being discussed, or can we discuss them together? Also, since CROC is important, should it have a paragraph for itself, or just weave it throughout the essay when i discuss aus legislation?

4. Can we discuss law reform extensively, if the question isn't a law reform question?

Thank you!!!



Hi!

All good -- we're here to answer your questions, and happy to do so :-)

1. Nope! Don't waste your time writing something the marker already knows.
2. Nope, just the name is fine.
3. I didn't study Family, but I think you can discuss them together depending on the question. With CROC, if it suits the question you can dedicate an entire paragraph to it but you can integrate it throughout your essay if you like. It's really up to you :-)
4. Not extensively, but you can mention it throughout your essay if you like.

Hope this helps, best of luck for tomorrow!!
Title: Re: HSC Legal Studies Question Thread
Post by: bdobrin on October 21, 2018, 02:50:52 pm
Hi guys,

Just wondering if you had any predictions for the questions for crime, consumers or world order

Thanks
Title: Re: HSC Legal Studies Question Thread
Post by: Lilabear123 on October 21, 2018, 03:03:27 pm
Hi!

All good -- we're here to answer your questions, and happy to do so :-)

1. Nope! Don't waste your time writing something the marker already knows.
2. Nope, just the name is fine.
3. I didn't study Family, but I think you can discuss them together depending on the question. With CROC, if it suits the question you can dedicate an entire paragraph to it but you can integrate it throughout your essay if you like. It's really up to you :-)
4. Not extensively, but you can mention it throughout your essay if you like.

Hope this helps, best of luck for tomorrow!!

Thank you for your help!  :)
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on October 21, 2018, 05:13:14 pm
Hi guys,

Just wondering if you had any predictions for the questions for crime, consumers or world order

Thanks
Hey,
For crime, Jamon thinks that it may be on defences or law reform. For consumers, my class predicted product certification or technology last year (and those weren't asked). Not too sure about world order though.

Hope this helps :)
Title: Re: HSC Legal Studies Question Thread
Post by: hilaryl on October 21, 2018, 10:01:35 pm
hey, does anyone have predictions on the family option essay?
Title: Re: HSC Legal Studies Question Thread
Post by: moq418 on October 22, 2018, 01:09:41 pm
Everyone was wrong about predictions it was discreation dam luckily I prepared essay plans for my response police and judicial have some what effective in achieving justice in the criminal system
WHO DID WHAT I DID ON SOMEWHAT EFFECTIVE OR POSITVE
ALSO I wrote that police abuse their power for example illegal arrest in Western Australia on Australian indigenous young males etc and I use lepar 2002and evidence act but forgot the year for evidence act IF I FORGOT TO PUT THE YEAR IN THE ACTS WILL I LOSE MARKS
ALSO I WROTE 5 pages
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on October 22, 2018, 02:16:38 pm
Everyone was wrong about predictions it was discreation dam luckily I prepared essay plans for my response police and judicial have some what effective in achieving justice in the criminal system
WHO DID WHAT I DID ON SOMEWHAT EFFECTIVE OR POSITVE
ALSO I wrote that police abuse their power for example illegal arrest in Western Australia on Australian indigenous young males etc and I use lepar 2002and evidence act but forgot the year for evidence act IF I FORGOT TO PUT THE YEAR IN THE ACTS WILL I LOSE MARKS
ALSO I WROTE 5 pages

Hi!

Don’t stress too much about the exam - it’s over and done with!

You won’t lose marks for not including the year in the acts - don’t sweat it. :-)

Best of luck for the rest of your HSC!
Title: Re: HSC Legal Studies Question Thread
Post by: Hatem on October 22, 2018, 02:40:07 pm
My internal legal mark is currently at 87, what mark would I have to get in the exam to achieve a band 6?

Thanks
Title: Re: HSC Legal Studies Question Thread
Post by: steveb013 on October 22, 2018, 02:56:46 pm
Your internal mark means nothing. Your rank is the important thing.

A raw mark of around 82% in the exam would be a Band 6.
Title: Re: HSC Legal Studies Question Thread
Post by: jemmanewton on January 10, 2019, 07:11:56 pm
Hey Elyse,

I was just wondering if there is a difference between independent authorities and statutory authorities in Human Rights.

Thanks :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on January 10, 2019, 07:21:37 pm
Hey Elyse,

I was just wondering if there is a difference between independent authorities and statutory authorities in Human Rights.

Thanks :)

Welcome to the forums Jemma! There definitely is - Statutory authorities are ones set up by statutes/laws, such as the Australian Human Rights Commission. Independent authorities, I guess, would just be any sort of body that isn't set up by a statute, which there are many of in the area of HR :)
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on January 10, 2019, 08:00:52 pm
Hey Elyse,

I was just wondering if there is a difference between independent authorities and statutory authorities in Human Rights.

Thanks :)

Hey!

Just adding onto Jamon, I think maybe you're getting confused (but definitely someone quote me if I am wrong) but I think in the syllabus it's actually just 'independent statutory authority'. I think the syllabus has made a typo and put an extra dot point on statutory authority which makes it look like its own dot point but, Question 21 from the 2015 HSC exam validates that it is just 'independent statutory authority'.

As for examples, the Australian Human Rights Commission is a great one as well as the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. The latter two monitor the compliance of the ICCPR 1966 and ICESCR 1966 respectively. ;D
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on January 10, 2019, 09:28:54 pm
Hey!

Just adding onto Jamon, I think maybe you're getting confused (but definitely someone quote me if I am wrong) but I think in the syllabus it's actually just 'independent statutory authority'. I think the syllabus has made a typo and put an extra dot point on statutory authority which makes it look like its own dot point but, Question 21 from the 2015 HSC exam validates that it is just 'independent statutory authority'.

As for examples, the Australian Human Rights Commission is a great one as well as the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. The latter two monitor the compliance of the ICCPR 1966 and ICESCR 1966 respectively. ;D

Too right, thanks Emily ;D note that the independent bit of independent statutory authority is to signify that they act independently of the legislature - A bit like the checks and balances system you talk about in the separation of powers doctrine ;D
Title: Re: HSC Legal Studies Question Thread
Post by: ameliabrennan5 on January 17, 2019, 01:47:14 pm
Hi there,

I'm currently sitting staring at an essay question that i don't even know where to begin to answer.

It has a statement with it and i am not sure how to incorporate the statement into the essay, how i should structure my response or what LCMID to use? Please help me

Thanks, Amelia

This is the statement:
Over time this Parliament, as the representative of the community, and the courts have given police certain powers required to effectively fulfil their role in law enforcement. In return for these powers, however, police are required to exercise their power responsibly, particularly when these powers affect the civil liberties of members of the community whom the police serve.

This is the question:
To what extent does the criminal investigation process balance the rights of victims, suspects and society?

Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on January 17, 2019, 03:09:07 pm
Hi there,

I'm currently sitting staring at an essay question that i don't even know where to begin to answer.

It has a statement with it and i am not sure how to incorporate the statement into the essay, how i should structure my response or what LCMID to use? Please help me

Thanks, Amelia

This is the statement:
Over time this Parliament, as the representative of the community, and the courts have given police certain powers required to effectively fulfil their role in law enforcement. In return for these powers, however, police are required to exercise their power responsibly, particularly when these powers affect the civil liberties of members of the community whom the police serve.

This is the question:
To what extent does the criminal investigation process balance the rights of victims, suspects and society?



Hi Amelia, welcome to the forums!

You should mention the statement in your introduction and form it as part of your thesis (and throughout your essay)! Provided you mention it throughout your response, you’ll be just fine. As it addresses police powers, you will have to talk about this in relation to how it affects victims, suspects and society.

It’s really up to you on how to structure your essay but I would start with police powers because that’s what the statement is about. Then you could move on to other parts of the criminal investigation process and make an assessment on their impact on victims, suspects and society. As for LCMs, I can’t think of any at the top of my head but literally just google something like “police powers cases nsw” and something should pop up. Make sure to integrate case studies throughout your essay!

I hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: jimmyjay on January 22, 2019, 12:56:28 pm
Hey I'm new to this site so I'm not sure if i'm posting correctly nonetheless I'm in dying need of help.
My teacher assigned us 4 essays to complete by the end of the holidays and with one week to go I've yet to complete one. Just looking for points/arguments for the following questions.

-Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
-Assess the effectiveness of the criminal justice system when dealing with young offenders.
-To what extent does criminal law balance the rights of victims, offenders and society?

Any legislation and cases would be helpful but otherwise thank you in advance :)
Title: Re: HSC Legal Studies Question Thread
Post by: meerae on January 22, 2019, 01:44:00 pm
Hey I'm new to this site so I'm not sure if i'm posting correctly nonetheless I'm in dying need of help.
My teacher assigned us 4 essays to complete by the end of the holidays and with one week to go I've yet to complete one. Just looking for points/arguments for the following questions.

-Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
-Assess the effectiveness of the criminal justice system when dealing with young offenders.
-To what extent does criminal law balance the rights of victims, offenders and society?

Any legislation and cases would be helpful but otherwise thank you in advance :)

Hi jimmyjay!
Welcome to the forums!
So in order to tackle these questions I'd look over the syllabus dot points for each question. I'll list out how I'd answer each question below;

Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
When looking at effectiveness: note down the pros and cons of each dot point in the chapter.
Dot points in this chapter;
Statutory/judicial guidelines - can be controversial because of mandatory sentencing (look at cases regarding one punch killings and the killing of police officers)
Purposes of Punishment - briefly discuss the reasons for punishment and when evaluating its effectiveness look at cases such as R v AEM and McCartney v R. Discuss issues with punishing one person more severely than others as it may be seen as an injustice if it fails to achieve its only purpose and the  difficulty in determining who will reoffend and who will not.
Factors affecting a sentencing decision - this dot point is about aggravating and mitigating factors - I would touch on it briefly and talk about how it is effective in looking at individual circumstances when deciding a sentence
Role of the victim - this part of sentencing is controversial as court may hand down different punishments for the same crime based on how the victim was affected. Cases include R v Tuala and R v Thomas
Appeals - I would briefly touch on how these ensure justice is served as they occur when there is a miscarriage of justice or an error in law
Types of penalties - not necessary to go into for this question
Alternative methods of sentencing - circle sentencing has been seen as effective but can be improved. effectiveness of restorative justice is unknown
Post-sentencing considerations - I would touch on all of them but go in depth with preventative and continued detention as its controversial.
Remember to evaluate effectiveness throughout your entire essay, I would recommend doing it at the beginning and end of each body paragraph for each dot point and then in the conclusion for an overall effectiveness. Also, you must go through the good AND the bad, not one or the other.

Assess the effectiveness of the criminal justice system when dealing with young offenders.
This question is very similar to the one above however, on young offenders. I have a small table on the overall effectiveness of the legal system dealing with young offenders, but of course ensure you evaluate each dot point.
Factors which help ensure overall effectiveness;
-   Age of criminal responsibility recognises children do not have the mental capacity to truly form criminal intent
-   Children are given greater protection under the law when questioned or arrested
-   Children’s court proceedings designed to protect children, whilst holding them accountable
-   Separate detention centres protect them from negative impact of hardened adult criminals
-   Sentencing alternatives divert young offenders from court

Factors which limit overall effectiveness
-   Some argue the age of criminal responsibility is too high
-   Some see sentencing alternatives as soft options

Within this essay I would discuss the age of criminal responsibility. the rights of children when being questioned/arrested, penalties for children and alternatives to court. Again, ensure you assess effectiveness throughout your entire essay, not just at the end of each paragraph.

To what extent does criminal law balance the rights of victims, offenders and society?
This question relates to the entire crime part of the syllabus, and VOS is a theme and challenge. When answering this question I recommend going through each chapter and making VOS tables for each applicable dot point. See how each chapter would affect the victim, offenders and society in each situation and see how the law attempts to balance these rights. Think of concepts like the rule of law and the presumption of innocence.

Feel free to PM me  if you need any help or post your essays in the marking and feedback area of the forums :)
Hope this helped!
meerae
Title: Re: HSC Legal Studies Question Thread
Post by: abdulrahmanb8 on January 22, 2019, 06:23:04 pm


Hey I'm new to this site so I'm not sure if i'm posting correctly nonetheless I'm in dying need of help.
My teacher assigned us 4 essays to complete by the end of the holidays and with one week to go I've yet to complete one. Just looking for points/arguments for the following questions.

-Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
-Assess the effectiveness of the criminal justice system when dealing with young offenders.
-To what extent does criminal law balance the rights of victims, offenders and society?

Any legislation and cases would be helpful but otherwise thank you in advance :)

Sentencing and Punishment-

- Mandatory sentencing, which is effective in retributing and incapacitating the offender adequately. However, since it restricts judicial discretion, it inhibits the judges ability to consider individual circumstances and ultimately has little deterrent value.

- Types of penalties- Imprisonment has little deterrent value, while effectively retrubtuing and incapacitating the offender, recividism rates are high for ex-prisoners. Diversionary programs- move from a retributive to a rehabilitative justice system, the Drug Court and Cannabis Cautionary Scheme are both effective in deterring offenders from court, lessening recidivism and increasing case efficiency. However, they may lack enforceability to some extent (eg. Only 40% of offenders end up attending educative seminars of the CCS) and fail to adequately retribute the offender.

-  Post sentencing considerations- eg. Sexual offenders registration may help society remain protected but could infringe on the offenders right to privacy. Security classification (as decided by Corrective services) is an effective way of ensuring the offender's prison environment suits the severity of their crime. Preventative detention is particularly contentious, as it upholds society's needs but hinders the presumption of innocence and rights such as liberty and freedom for the offender.

Young Offenders-

-Age of criminal responsibility- mention dolli  incapax (10-14 rebuttable presumption) and conclusive presumption (under 10), these do well to account for the lesser cognitive development and intellect of a child. However, the age of criminal responsibility (10) has been criticized for being too high and defying international standards, which deems the age 12 to be an "absolute minimum" (UNHRC)

-Alternatives to court- Cautions, warnings and YJCs are all effective in recognizing arrest as a last resort (ICCPR), steering young offenders from the stressful, pressuring process of going to court. It also reduces court traffic and recognizes the need for young offenders be treated in a specialized manner in accordance to their lesser criminal culpability. However YJCs have been criticized to have 'little practical effect' and thus may encourage recividism in some cases.

-The Childrens Court- specialised magistrate and less formal proceedings helps to create a more comfortable and welcoming environment for the offender. Also, the lack of public/media scrutiny protects the identity of the offender, ensuring further opportunities for the offender arent affected by their crime. Also, the offender will be granted legal aid without question, since arguing his/her own case would likely be beyond their capability at such age.

Balancing rights-

Bail- holding an offender in remand ensures protecting of society and the victim, but could impede on the offender's rights to freedom and being deemed innocent until proven guilty (A11 UDHR). This imbalance of rights is constantly trying to be addressed via  a series of reforms, yet bail still remains highly contentious (largely due to the Monis and Hawi cases)

Diversionary Programs- the law effectively balance the rights of all three parties, society and the victim benefit from being exposed to an offender who is less likely to reoffend and is more rehabilitated. The offender is driven away from more serious penalty options. Eg. Drug Court, Cannabis Cautioning Scheme etc.

Defences- particularly controversial is the defence of provocation. In the infamous case of R V Singh, the offender got convicted for manslaughter and got 6 years in prison, after killing his wife and claiming it to be due to her claiming she loved someone else. This inadequately reflects the severity of his actions and significantly impedes society and victims' rights to protection and a fair and effective justice system. Thus, Crimes Amendment (Provocation) Act 2014 was passed, stating the deceased's actions must amount to a serious indicatable offence and actually have caused the offender to lose control. This better reflects moral and ethical standards, and is a more effective way of the legal system balancing rights for successfully.

Hope this helps :)
I didnt really include the LCMs but you can find heaps in the notes section on this site anyway.

Title: Re: HSC Legal Studies Question Thread
Post by: chloewaine on January 29, 2019, 03:46:37 pm
Hello, this is my first post so i hope i am doing this right!
I was just wondering if anyone knew of a good case study i could use that shows how victim ipact statements can negatively affect sentencing, in a way that unduly prejudices the defendant at sentencing? Trying to use it an a pargapraph explaining the tension between community interests and individual rights and freedoms  :)
Title: Re: HSC Legal Studies Question Thread
Post by: meerae on January 29, 2019, 05:44:01 pm
Hello, this is my first post so i hope i am doing this right!
I was just wondering if anyone knew of a good case study i could use that shows how victim ipact statements can negatively affect sentencing, in a way that unduly prejudices the defendant at sentencing? Trying to use it an a pargapraph explaining the tension between community interests and individual rights and freedoms  :)

Hey, chloewaine!
Welcome to the forums!
I tried looking online for any case studies but had no luck, so I had a look for media articles that would support what you're trying to prove. I found these;
From SMH: https://www.smh.com.au/opinion/the-problem-with-victim-impact-statements-20160612-gph974.html
From UNSW Law Journal: http://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2017/09/30-3-16.pdf
From The Guardian: https://www.theguardian.com/commentisfree/2006/dec/04/comment.prisonsandprobation

Hope these helped!
meerae :)
Title: Re: HSC Legal Studies Question Thread
Post by: GeorgiaManning on February 01, 2019, 05:13:01 pm
Hi everyone,

I have a legal essay on 'Evaluate the role of discretion in the criminal justice system'.

I wanted to do a paraghaph of society / individual, police and judicial. However, I'm lacking points for the discretion of society besides reporting crimes.

Can anyone suggest any others?? I have some negative but not many positive points.

Thank youuuu
Title: Re: HSC Legal Studies Question Thread
Post by: abdulrahmanb8 on February 01, 2019, 08:56:49 pm
For societal/individual, you could mention:

- Victim's discretion to provide a VIS for certain offences
- Jury's discretion to decide on a verdict (guilty or not guilty)
- Accused/Prosecution's discretion to engage in a charge negotiation
- Discretion of suspects in terms of right to silence etc during investigation period
- Discretion to appeal a case
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on February 02, 2019, 06:50:56 pm
Hello! Just wondering for the learn to q's part of human rights - what's the difference between "outline how human rights have changed and developed overtime" and "examine major human rights documents and explain their contribution to the development of human rights"?
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on February 02, 2019, 11:07:55 pm
Hello! Just wondering for the learn to q's part of human rights - what's the difference between "outline how human rights have changed and developed overtime" and "examine major human rights documents and explain their contribution to the development of human rights"?
Hey,
With the 'outline how human rights have changed over time', that's looking at the areas such as the abolition of slavery, trade unionism/labour rights, universal suffrage, universal education, self-determination, environmental and peace rights. You could be asked a short answer question on one of these specific areas or more broadly, where you talk about a few of them.

With the "examine major human rights documents and explain their contribution to the development of human rights" you are looking at documents such as the Universal Declaration of Human Rights or the Convention on the Rights of the Child, and how human rights are protected because of it. You may need to look at how effective these documents have been and what legislations have come out of it.

Hope this helps :)
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on February 03, 2019, 12:03:50 pm
Hey,
With the 'outline how human rights have changed over time', that's looking at the areas such as the abolition of slavery, trade unionism/labour rights, universal suffrage, universal education, self-determination, environmental and peace rights. You could be asked a short answer question on one of these specific areas or more broadly, where you talk about a few of them.

With the "examine major human rights documents and explain their contribution to the development of human rights" you are looking at documents such as the Universal Declaration of Human Rights or the Convention on the Rights of the Child, and how human rights are protected because of it. You may need to look at how effective these documents have been and what legislations have come out of it.

Hope this helps :)

Thanks for your response! A follow up question - for "examine major human rights documents and explain their contribution to the development of human rights" does this include historical documents (eg. magna carta) as well as formal documents (eg. udhr)?
Title: Re: HSC Legal Studies Question Thread
Post by: meerae on February 03, 2019, 12:24:21 pm
Thanks for your response! A follow up question - for "examine major human rights documents and explain their contribution to the development of human rights" does this include historical documents (eg. magna carta) as well as formal documents (eg. udhr)?

Hey!

I believe it would include anything that helped the development of human rights, even historical documents.
I would include everything, as to lessen the chance of losing marks in an exam.

Hope this helped!
meerae :)
Title: Re: HSC Legal Studies Question Thread
Post by: justwannawish on February 13, 2019, 08:09:45 pm
Hey guys!

I'm not entirely sure whether this is the correct place for this, but I just started Law at uni (without taking legal studies :( ) and got a quiz to do. It's not marked but it won't let me go onto the next question if I don't get this one right (and it's not telling me where i went wrong either) so I was hoping someone could help? it's to categorise these items into primary secondary and hybrid sources.

This is what I put down

Primary
- Court judgement
- Act of Parliament
- Bill of Parliament
- Case notes
- ruling by a former judge at an arbitration

Hybrid
- Royal Commission Report
- ATO public rulings
- Minister's Second Reading speech
- Law report judgement
- Local government ordinances
- Court rules
-explanatory memorandum
 Press release
- Annotated act
- looseleaf/electronic service
- forms and precedent
- law reform commission report
- Judge's speech to the Law Society or Bar association or student law society
- textbook authored by a judge and cited in many judgements

Secondary
- Textbook
- Journal article
- Journal Index
- law school or court or law firm blog
- legal encylopedia
- Case digest
- Federal government Department of Social Security guidelines

I know that was a lot of stuff, but I would be grateful for any help or recategorisations! I've already spent two hours trying to fix the answers but I'm still a bit confused on which ones are the wrong answers! Thank you to anyone who can help!
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on February 28, 2019, 03:52:47 pm
Hi everyone,

I have a legal essay on 'Evaluate the role of discretion in the criminal justice system'.

I wanted to do a paraghaph of society / individual, police and judicial. However, I'm lacking points for the discretion of society besides reporting crimes.

Can anyone suggest any others?? I have some negative but not many positive points.

Thank youuuu

Hey there,
This was more or less the question in the 2018 HSC and I also had it in my semester 1 exam.
My structure was as follows.
1.  Police discretion --> limiting it is a good thing because it means both society and the police are on the same page in terms of expectations in regards to the police's job. Use LEPRA legislation and police annual report 2015/16: community satisfaction increased from 82% to 91%
2. Mandatory sentencing --> limits discretion = bad because they each case should be determined on its own (i.e all cases are different depending on agg and mit factors). Use Thomas Kelly case and lockout laws as an example.
3. introduction of new punishment (intensive correction orders etc). increases discretion= good because it means an appropriate punishment can be found for the offender that allows them to be reintegrated properly back into society and therefore reduce the likelihood of them committing a crime in the future.
I know this was super fast but send a message if you need clarification :)
Title: Re: HSC Legal Studies Question Thread
Post by: stefanie.bruzze on March 09, 2019, 01:32:33 pm
Hi everyone,

I'm currently in Year 12 and taking Legal Studies as one of my subjects.
I was just wondering how I could go about the following question in preparation for my upcoming exams:
How effective has the international community been in relation to non compliance in relation to human rights?
Can I talk about the recent issue of how Australia's compliance with the ICCPR treaty has offered inadequate protection of human rights?
OR,
should I be talking about how the criminal justice system aims to appropriately punish individuals who have shown non-compliance to the legal system
??
Thank you
Title: Re: HSC Legal Studies Question Thread
Post by: meerae on March 09, 2019, 01:37:17 pm
Hi everyone,

I'm currently in Year 12 and taking Legal Studies as one of my subjects.
I was just wondering how I could go about the following question in preparation for my upcoming exams:
How effective has the international community been in relation to non compliance in relation to human rights?
Can I talk about the recent issue of how Australia's compliance with the ICCPR treaty has offered inadequate protection of human rights?
OR,
should I be talking about how the criminal justice system aims to appropriately punish individuals who have shown non-compliance to the legal system
??
Thank you

Hey!

As the question mentions human rights, I would look at Australia's compliance with the ICCPR and other treaties. It also states the international community, so I would also bring in other countries who perhaps haven't signed a treaty or something.

Hope this helps!
meerae :)
Title: Re: HSC Legal Studies Question Thread
Post by: stefanie.bruzze on March 09, 2019, 01:47:42 pm
Hi!

Thank you so much! This helps heaps :)
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on March 12, 2019, 11:54:17 am
Hi everyone,

I'm currently in Year 12 and taking Legal Studies as one of my subjects.
I was just wondering how I could go about the following question in preparation for my upcoming exams:
How effective has the international community been in relation to non compliance in relation to human rights?
Can I talk about the recent issue of how Australia's compliance with the ICCPR treaty has offered inadequate protection of human rights?
OR,
should I be talking about how the criminal justice system aims to appropriately punish individuals who have shown non-compliance to the legal system
??
Thank you

It highly depends as to what topic of the syllabus is addressing, however I would say this comes under the HR component and thus you would to address issues of non-compliance in the international community (i.e do a set up on state sovereignty and how that means that countries don't have to comply with the international system). Essentially what you can argue that as a whole, it has not been successful because there are still many issues of non-compliance in the international community. But then even when countries sign up to International instruments/documents, this can still provide inadequate protection of human rights. You can then bring in various examples. Hope this makes sense !
Title: Re: HSC Legal Studies Question Thread
Post by: eliza.rose on March 21, 2019, 10:01:49 pm
Hi can someone please help me answer the following question (its for a prepared response in a exam)

“Consumer law makes little difference to the achievement of justice for consumers”. Discuss this statement' (25 marks)


How do I structure this? Do I refer to the evaluation criteria? How do I start/ what do I put in the intro?
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on March 21, 2019, 11:53:26 pm
Hi can someone please help me answer the following question (its for a prepared response in a exam)

“Consumer law makes little difference to the achievement of justice for consumers”. Discuss this statement' (25 marks)

How do I structure this? Do I refer to the evaluation criteria? How do I start/ what do I put in the intro?


Hey Eliza, welcome to the forums! ;D

So I didn't do consumers, I can't offer specific advice - But I did write this guide on writing Legal Studies intros you might find useful ;D also:

- Yes, refer to the evaluation criteria, it's a good way to be more sophisticated than just saying a measure is "good" or "bad" without qualification!
- Many ways to structure these essays! One paragraph per response, two paragraphs good/two paragraphs bad, one paragraph per case study, and more! No right/wrong way as long as it is logical :)
Title: Re: HSC Legal Studies Question Thread
Post by: alyssastrebel on March 28, 2019, 08:05:05 pm
Hi Atar Notes,

I have an exam coming up and I'm having trouble with finding ways to answer this question;
"Consumer law makes little difference to the achievement of justice for consumers" Discuss this statement.

Just having issues with what parts of the syllabus I should mention to 'agree' with this statement, since its for and against.
Thanks  :)
Title: Re: HSC Legal Studies Question Thread
Post by: henrychapman on April 11, 2019, 09:49:24 am
Hi Atar Notes,

I have an exam coming up and I'm having trouble with finding ways to answer this question;
"Consumer law makes little difference to the achievement of justice for consumers" Discuss this statement.

Just having issues with what parts of the syllabus I should mention to 'agree' with this statement, since its for and against.
Thanks  :)

Jamon provided a brilliant response above in regards to the same essay question. I suggest you have a look at that !
Title: Re: HSC Legal Studies Question Thread
Post by: Gavan_Ja on April 16, 2019, 07:24:52 pm
G'day ladies and boars,

So I've got me a good ol' legal exam beginning of next term as ya would and what a way to spend the very long smoko break than studying!
Basically I gotta prepare 2 essay plans for family law (the one area ya wouldn't go to but ah well!) and my teacher ain't really helping so I thought I'd ask the people this one.
Does anyone have any ideas for structure in the following 2 questions, which are:

1) Assess the effectiveness of legal and non-legal measures in achieving just outcomes for family members

2) Evaluate the roles of the law and the media in responding to issues affecting family members

Any answer for this will be greatly appreciated! Thanks x

Jack
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on April 17, 2019, 10:13:32 am
G'day ladies and boars,

So I've got me a good ol' legal exam beginning of next term as ya would and what a way to spend the very long smoko break than studying!
Basically I gotta prepare 2 essay plans for family law (the one area ya wouldn't go to but ah well!) and my teacher ain't really helping so I thought I'd ask the people this one.
Does anyone have any ideas for structure in the following 2 questions, which are:

1) Assess the effectiveness of legal and non-legal measures in achieving just outcomes for family members

2) Evaluate the roles of the law and the media in responding to issues affecting family members

Any answer for this will be greatly appreciated! Thanks x

Jack


Hey Jack!

So I think the structure for these will be very similar - Both are 'assess/evaluate' questions requiring a judgement, both require analysis of legal measures/the law and non-legal measures/the media, and both want it explored in terms of issues for families. In either case, a few options for what goes in each paragraph:

- By issue! So one paragraph on divorce, one on domestic violence, one on surrogacy/birth technologies, etc etc
- By response (this would better suit the first question I guess)! So one on the legislature, one on the courts, one on the police, etc etc
- By effectiveness! So two paragraphs on good stuff (divided some way), and two on bad stuff, or something similar

Any of these would work - Depends on your preference ;D either way you'll want a solid intro and conclusion, and if you want some ideas of what specific content to include, give these summary sheets a look!
Title: Re: HSC Legal Studies Question Thread
Post by: Gavan_Ja on April 19, 2019, 07:44:49 pm
G'day All,

Just gonna ask, anyone know of any good resources that have some decent information in relation to the topics of Crime, Family Law, Workplace and Human Rights? I'm not really asking for a book because the law is always changing and I've got a textbook (and the ATAR notes book), however, are there any other sources that help a bit?
Also, anyone know of any good podcasts for legal?

Cheers
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on April 19, 2019, 08:50:22 pm
G'day All,

Just gonna ask, anyone know of any good resources that have some decent information in relation to the topics of Crime, Family Law, Workplace and Human Rights? I'm not really asking for a book because the law is always changing and I've got a textbook (and the ATAR notes book), however, are there any other sources that help a bit?
Also, anyone know of any good podcasts for legal?

Cheers

Hi,

Our notes section is pretty good! It's updated on a regular basis so you should be able to find some recent stuff.

Hope this help!
Title: Re: HSC Legal Studies Question Thread
Post by: Gavan_Ja on April 21, 2019, 05:08:38 pm
Anyone know any good podcasts that relate to legal? Cheers
Title: Re: HSC Legal Studies Question Thread
Post by: marstac on May 09, 2019, 12:37:18 pm
Hello,

Can I ask a questions in relation to the text books to study for the HSC please. I am currently studying ATAR notes book plus my teachers class notes but am now questioning whether I should also summarize the school text book as well? Thank you  :)
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on May 09, 2019, 01:29:08 pm
Anyone know any good podcasts that relate to legal? Cheers

Not that I'm aware of, sorry!

Hello,

Can I ask a questions in relation to the text books to study for the HSC please. I am currently studying ATAR notes book plus my teachers class notes but am now questioning whether I should also summarize the school text book as well? Thank you  :)

I think that's more than enough :-) The time you use for summarising the textbook can be better used completing past papers. That's not to say your textbook isn't helpful - just summarising something isn't active application of your knowledge is all.

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on May 13, 2019, 05:24:16 pm
Hi,

Would the United nations be considered a legal or non legal measure to combat HR?
If it depends on the arm of it, what about:
ICJ?
ICC?
Human rights council who investigate and report?
Security council inc R2P?

Also, what is an example of a statutory authority and what makes it such?
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on May 13, 2019, 06:11:20 pm
Hi,

Would the United nations be considered a legal or non legal measure to combat HR?
If it depends on the arm of it, what about:
ICJ?
ICC?
Human rights council who investigate and report?
Security council inc R2P?

Also, what is an example of a statutory authority and what makes it such?

Hi!

I'd say the UN is a legal measure in terms of human rights as non-legal measures are mostly associated with NGOs and the like.

As for statutory authorities, the Human Rights Council is an example of one. Statutory authorities are pretty much arms of a government (or in the case of my example, the UN) who are given power by the government to exercise specific powers. Here is something to describe statutory authorities - check out the two paragraphs after the page navigation!

Hope this helps :-)
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on May 15, 2019, 09:12:56 pm
Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 :o
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on May 15, 2019, 09:39:56 pm
Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 :o

Hi!!

I’d say common law :-) What was the answer to the MC?

...and I’m passing this question to you guys - what do you think?
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on May 15, 2019, 09:57:21 pm
I am in discussion with the teacher he believes statute I say common... his argument has no basis though, a mere assumption. Is there any way I could back up my argument? I've been googling to no success
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on May 15, 2019, 10:09:14 pm
Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 :o
Hi!!

I’d say common law :-) What was the answer to the MC?

...and I’m passing this question to you guys - what do you think?

Just giving my perspective and I agree with your teacher so I think it is statute law!

Common law is all based on the doctrine of precedent, meaning it is all case law and based off the decisions from previous judgments of judges. Judges are bound and have to adhere to the decisions of a higher court in the judicial hierarchy meaning it is a binding precedent. However, it is up to the judge's discretion whether or not they want to follow the decisions of a lower court in the judicial hierarchy meaning, it is a persuasive precedent.

Yet, statute law has been made by parliament in which they are the Acts of Parliament and are also the primary source of law in Australia. Acts have the ability to make new laws, repeal old laws or codify existing laws. So therefore, it must be statue law.

All this info comes from my law textbook and what I have learnt in law so far so hopefully this helps a bit :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 16, 2019, 12:46:46 am
Hiiii,

Would MOST human rights be protected in statute law or common law in Australia? Weird multi I came across... are there more rights in legislation, or more set out in common law decisions.

 :o

The solution to this multi (from memory) is that it is common, and based on my purely HSC based perspective, I think it is common. The logic being that very few human rights are actually enshrined in domestic legislation. This makes HR more of a judicial thing than a legislative thing for us, which would swing you to answer with 'common law.' R v Tang is the one people usually reference as an example of criminal laws being applied to protect human rights. Because the protection is in the application to the specific HR scenario, you go common law.

However, I'm sure I've had this discussion before, also with a Law student who said 'statute law' made more sense. One of those situations where the HSC perspective may be skewed I guess!
Title: Re: HSC Legal Studies Question Thread
Post by: AR-0000274 on May 19, 2019, 02:22:37 pm
hey, can someone please explain the issues surrounding birth technology and surrogacy. I'm having trouble formulating arguments for the essay question "Evaluate the effectiveness of the law in dealing with issues related to birth technology and surrogacy"
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 19, 2019, 03:41:17 pm
hey, can someone please explain the issues surrounding birth technology and surrogacy. I'm having trouble formulating arguments for the essay question "Evaluate the effectiveness of the law in dealing with issues related to birth technology and surrogacy"


Hey! Effectively the issue is that there were no laws on it because it is so new! Surrogacy, for example, presents a complex family situation that the law just didn't have any capacity to specifically handle. So essentially, you are evaluating how well the law closed those gaps ;D

PS - I deleted a couple of your earlier posts since they matched with ones you made elsewhere, try not to post the same thing in two places at once! ;D
Title: Re: HSC Legal Studies Question Thread
Post by: tianahanna on May 20, 2019, 06:56:13 pm
hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on May 20, 2019, 10:05:59 pm
hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.

For questions like these, as long as you address the non-legal measure (aka. ngos) in at least one paragraph, it should be fine. When constructing paragraphs for legal studies, I use PEEL (point, explain, evidence and link), though I don't follow this too strictly. There are plenty of essays based around legal and non-legal responses of parental responsibility which can be found on atarnotes under the notes section or simply, putting the question into google can help as well especially if you ever need any more stats etc to back yourself up!
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on May 21, 2019, 09:41:53 am
Hi all,

Was wondering for option topics when it comes to the contemporary issues... for legal and non legal responses.... what would these be considered as?

- social programs administered by government to address the issue e.g. Increase of social housing funding

Could we state anything administered by the govt. is legal and anything out of the govt is non legal
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on May 21, 2019, 10:09:00 am
Hi all,

Was wondering for option topics when it comes to the contemporary issues... for legal and non legal responses.... what would these be considered as?

- social programs administered by government to address the issue e.g. Increase of social housing funding

Could we state anything administered by the govt. is legal and anything out of the govt is non legal

Hello!

For shelter my teacher used to say that initiatives like the one you suggested that were created by the government are legal measures :-)
Title: Re: HSC Legal Studies Question Thread
Post by: Pearlmilktea on May 21, 2019, 08:32:32 pm
hey, so my essay question is “Assess the effectiveness of both legal and non-legal measures in achieving just outcomes for the changing nature of parental responsibility within Family Law.", and im struggling with the non-legal measure on NGO's. so i know all the ngos like DadsLink, Lone Fathers Association and Anglicare but i dont know how to construct a proper paragraph and i cant find any facts, cases, stats or anything to back myself up.

Just building off the great reply above, feel free to discuss the influence of NGOs on law reform. You could discuss the previous laws, public backlash and the ways NGOs represented this and how as an NGO, they had more power to lobby than individuals for example. Then as a result, there were reforms so you could link those paragraphs (law reforms and NGOs who led to this) to give more substance to your argument :) If you can't find cases, find media articles, the specific previous laws and then the specific law reforms. Discuss the effectiveness of the non-legal side on influencing legal measures and the impact of these reforms (were they positive or negative, rushed or contributed to further problems, did this lead to further reforms >from memory these were the reforms that had something like 'shared parental responsibility' written so it confused people<).

I hope this helped!
Gracie
Title: Re: HSC Legal Studies Question Thread
Post by: AR-0000274 on May 22, 2019, 06:24:35 pm
Hey, Does anyone have any tips on memorising legal essays
Title: Re: HSC Legal Studies Question Thread
Post by: bmarz2019 on May 22, 2019, 06:35:24 pm
Hey, Does anyone have any tips on memorising legal essays

Hey!

As someone who currently is doing Legal Studies for his HSC, I hate to break it to you, but memorising essays isn't the best way of preparation.

Last term, I had an unseen essay question to prepare for on anything for Crime, and the best way to prepare myself for that was to go through my content, know my legislation and know my cases.

If you wanted more information regarding 'memorising essays' you can have a look here: https://atarnotes.com/memorising-essays/

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on May 22, 2019, 09:03:49 pm
Hey, Does anyone have any tips on memorising legal essays


No tips to memorise from me because it's so hard to predict questions in Legal exams! My only advice is that you remember as many LCMs as possible so you have lots of evidence to back up your argument to prepare yourself for any question :-)
Title: Re: HSC Legal Studies Question Thread
Post by: ameliabrennan5 on May 26, 2019, 08:47:18 am
Hi, i just got my last assessment for legal before trials - essay on world order! I was wondering how i should approach each of these questions to receive the best marks i can:

1. How effective is the legal system in regulating relationships between nation states? In your response include reference to at least one contemporary issue you have studied.

2. Evaluate the effectiveness of the law in balancing state sovereignty and the ‘responsibility to protect’.

3. Assess the effect of state sovereignty on the level of compliance and non-compliance in respect of world order.

Please help me!
Title: Re: HSC Legal Studies Question Thread
Post by: bmarz2019 on May 26, 2019, 05:05:21 pm
Hi, i just got my last assessment for legal before trials - essay on world order! I was wondering how i should approach each of these questions to receive the best marks i can:

1. How effective is the legal system in regulating relationships between nation states? In your response include reference to at least one contemporary issue you have studied.

2. Evaluate the effectiveness of the law in balancing state sovereignty and the ‘responsibility to protect’.

3. Assess the effect of state sovereignty on the level of compliance and non-compliance in respect of world order.

Please help me!

Hey!

Unfortunately, I'm not doing world order for my HSC, but I can help you with how you should go about it.

The good part for you is that your questions are all based on the 'effectiveness' of something specific; so that's your start. Go over your notes in class looking at each of these specific topics (if your teacher did that) and then decide what you feel is most important for your questions.

For some thought, remember that because it's asking for the "effectiveness", you need to use the "effectiveness" criteria (found within the syllabus) in order to come about your judgement. You need to have a position on each of your topics - that's what's could be the biggest difference between a band 5 and 6 - apart from the fact of using the key terms of each question correctly (Assess, Evaluate etc).

Hope this helps, let me know if you have any other questions/concerns!
Title: Re: HSC Legal Studies Question Thread
Post by: ameliabrennan5 on May 26, 2019, 09:27:50 pm
Hey!

Unfortunately, I'm not doing world order for my HSC, but I can help you with how you should go about it.

The good part for you is that your questions are all based on the 'effectiveness' of something specific; so that's your start. Go over your notes in class looking at each of these specific topics (if your teacher did that) and then decide what you feel is most important for your questions.

For some thought, remember that because it's asking for the "effectiveness", you need to use the "effectiveness" criteria (found within the syllabus) in order to come about your judgement. You need to have a position on each of your topics - that's what's could be the biggest difference between a band 5 and 6 - apart from the fact of using the key terms of each question correctly (Assess, Evaluate etc).

Hope this helps, let me know if you have any other questions/concerns!

Hey thanks, what sort of effectiveness criteria should i be using? And also what do you mean by taking a position - how do i get that across effectively in my essay?

Title: Re: HSC Legal Studies Question Thread
Post by: bmarz2019 on May 26, 2019, 09:40:38 pm
Hey thanks, what sort of effectiveness criteria should i be using? And also what do you mean by taking a position - how do i get that across effectively in my essay?

Hey again,

So what I mean by effectiveness criteria is:
-resource efficiency
– accessibility
– enforceability
– responsiveness
– protection of individual rights
– meeting society’s needs
– application of the rule of law
– has justice been achieved?

These are all a part of the "effectiveness" criteria. You don't have to use all of them, but it's important to encompass them in your essays throughout your body paragraphs. These are what helps you with your topics and their effectiveness - in other words, these are the WHYs to the effectiveness of a particular initiative or law etc.

When I say you need a position, I mean you need a stance/point of view on the topic at heart. Do you think that it is effective or ineffective? Why/why not? This is discussed throughout your body paragraphs.


Your introduction should encompass broadly what you are discussing, as your body paragraphs look into this more in depth. Fundamentally, you also place your position in the introduction so the reader knows straight away where you sit on the topic. You will obviously need to integrate it well enough so it flows.

Hope this helps!

Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on May 26, 2019, 10:20:02 pm
Hey thanks, what sort of effectiveness criteria should i be using? And also what do you mean by taking a position - how do i get that across effectively in my essay?

bmarz beat me to a criteria list! In terms of taking a position, this guide would be worth a read! ;D
Title: Re: HSC Legal Studies Question Thread
Post by: Gavan_Ja on May 29, 2019, 10:01:46 am
Hey everyone,

For my assessment in a couple of weeks I need to prepare two essay plans for the following questions:

To what extent does the law adequately protect family members in relation to birth technologies and surrogacy? 
OR
To what extent does the law adequately protect family members in relation to the changing nature of parental responsibility?

Does anyone know of a structure that would be quite diverse in topics surrounding these areas because my teacher wants a wealth of topics in these plans.

Cheers :)
Title: Re: HSC Legal Studies Question Thread
Post by: emilyyyyyyy on June 02, 2019, 09:19:44 am
Hi all,

I'm trying to prepare for an essay on the dot point: Explain the role of Australia’s federal government in responding to world order.
But I'm struggling in thinking of what my paragraphs should actually be about? I was thinking of doing the signing of treaties and state sovereignty (e.g. coalition of the willing against UN advisement), but I'm not sure what else to do?

Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: ameliabrennan5 on June 03, 2019, 06:26:55 pm
Hi there,

Anyone doing world order! How would you structure your answer to this essay question. I'm really stuck on where to go!

Question: Assess the effect of state sovereignty on the level of compliance and non-compliance in respect of world order.



Thanks so much,
Amelia  :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 04, 2019, 12:05:25 pm
Hey everyone,

For my assessment in a couple of weeks I need to prepare two essay plans for the following questions:

To what extent does the law adequately protect family members in relation to birth technologies and surrogacy? 
OR
To what extent does the law adequately protect family members in relation to the changing nature of parental responsibility?

Does anyone know of a structure that would be quite diverse in topics surrounding these areas because my teacher wants a wealth of topics in these plans.

Cheers :)


Sorry for the late reply Gavan! Hopefully this is still helpful :)

So for either of these, the way I would structure it is by response. So one paragraph on legislation (or multiple if it feels warranted), one paragraph on the actions of the courts, one paragraph on parliamentary inquiries, etc. This lets you include a wealth of specific examples and evidence.

Another way you could do it would be by case. So you pick 3-4 significant cases, and explore everything surrounding those in each paragraph - Legislation, media, the court case itself, and so on. I didn't tend to do this in Family, because case law is harder to find and so makes writing your essay tougher. It is definitely an option though! ;D
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 04, 2019, 12:08:40 pm
Hi all,

I'm trying to prepare for an essay on the dot point: Explain the role of Australia’s federal government in responding to world order.
But I'm struggling in thinking of what my paragraphs should actually be about? I was thinking of doing the signing of treaties and state sovereignty (e.g. coalition of the willing against UN advisement), but I'm not sure what else to do?

Thanks!


Hey!! An interesting and specific question, don't blame you for having trouble thinking what to include! I'd go case based here, so examine the federal governments response to several key world order issues. Your idea of going broad (state sovereignty, treaties, etc) is good too but means you have to come up with other stuff too! When really, signing treaties and such is a lot of the answer ;)

So I'd pick three or four case studies, and examine how the Australian government responded in those situations. Did we cooperate nicely? Did we not? What treaties did we sign? What organisations did we get involved with? This lets you go through a number of specific examples which should give you more to discuss, still letting you put in lots of LCTMI :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on June 04, 2019, 12:12:41 pm
Hi there,

Anyone doing world order! How would you structure your answer to this essay question. I'm really stuck on where to go!

Question: Assess the effect of state sovereignty on the level of compliance and non-compliance in respect of world order.



Thanks so much,
Amelia  :)

Ergh, compliance. Hate this theme ;)

I would, as above, pick a few case studies concerning World Order (try to be more recent) and go through questions like:

- What treaties/agreements were in place?
- How did state sovereignty affect compliance with these treaties? Did any nation states ignore their obligations?
- What actions were taken to encourage compliance by other nation states? Was it effective?

Essentially, compliance with international obligations surrounding world order is totally dependent on the nation states desire to abide by them - That's the point of state sovereignty. They comply if they feel like it, nations have the right to govern themselves. So you pick a few situations and explore how nation states used their sovereignty to comply or non-comply, evaluating the effectiveness of world order measures along the way ;D
Title: Re: HSC Legal Studies Question Thread
Post by: liam.berkovsky on June 20, 2019, 07:24:11 pm
Is there a thread to post a Legal Studies essay for marking?
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on June 20, 2019, 07:26:06 pm
Is there a thread to post a Legal Studies essay for marking?

There certainly is! Under the HSC tab, there is a section for HSC marking and feedback where you can post your legal studies essay for marking :)
Title: Re: HSC Legal Studies Question Thread
Post by: Carolineee on July 01, 2019, 08:08:23 pm
hey guyss
i have one more assignment before trials and i have to answer the following questions
Evaluate the effectiveness of the law in responding to problems in family relationships.
anddd
Evaluate the effectiveness of international law in encouraging compliance and responding to non-compliance in relation to world order.
please helpp
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on July 12, 2019, 10:07:07 pm
hey guyss
i have one more assignment before trials and i have to answer the following questions
Evaluate the effectiveness of the law in responding to problems in family relationships.
anddd
Evaluate the effectiveness of international law in encouraging compliance and responding to non-compliance in relation to world order.
please helpp

Sorry that this is late but I hope this helps in some sort of way. For the first question, consider the legal responses such as the family court and how effectively these responses are in dealing with family relationships through effectiveness criteria and relevant lcmido.

Like the first question, you could consider the ways in which international measures have attempted to encourage compliance and respond to non-compliance in world order such as the UN peacekeeping missions, with adequate lcmido and remembering to incorporate the effectiveness criteria.
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on July 15, 2019, 03:02:16 pm
Hey,

With the NESA workbook for legal studies it says Band 6 responses for the essays that are provided... with the options being 25 marks where would these standard of essays sit in the range of 21-25 mark section of the criteria?

Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on July 15, 2019, 05:15:59 pm
Hey,

With the NESA workbook for legal studies it says Band 6 responses for the essays that are provided... with the options being 25 marks where would these standard of essays sit in the range of 21-25 mark section of the criteria?

Thank you!
I think the NESA responses are around a low band 6 range, so probably 21-23ish.

Hope this helps :)
Title: Re: HSC Legal Studies Question Thread
Post by: charly.simoni on July 17, 2019, 09:04:53 pm
hey, im really struggling with the question

"to what extent does criminal law balance the rights of offenders, victims and society when sentencing offenders".

I think i know the content surrounding it but am struggling to distinguish what my body paragraphs and structure would be.

Can anyone help?
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on July 18, 2019, 10:13:36 am
hey, im really struggling with the question

"to what extent does criminal law balance the rights of offenders, victims and society when sentencing offenders".

I think i know the content surrounding it but am struggling to distinguish what my body paragraphs and structure would be.

Can anyone help?

Hi, welcome to the forums!

This is such a general question - you can cover so many things :-) Personally I would separate my body paragraphs like this:
1. criminal investigation process
2. criminal trial process
3. young offenders

and look at how the law balances (or doesn’t balance) the rights of offenders, victims and society.

I hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: eliza.rose on July 20, 2019, 06:45:34 pm
Heyy,
For the option topics, is there any chance that they can ask us a question about a specific contemporary issue?
Like for family "Assess the effectiveness of legal responses for surrogacy and birth technologies", or can it just be "Assess the effectiveness of legal responses for a contemporary issue".

Should I bother studying all 4 issues in depth?
Title: Re: HSC Legal Studies Question Thread
Post by: fantasticbeasts3 on July 20, 2019, 08:53:30 pm
Heyy,
For the option topics, is there any chance that they can ask us a question about a specific contemporary issue?
Like for family "Assess the effectiveness of legal responses for surrogacy and birth technologies", or can it just be "Assess the effectiveness of legal responses for a contemporary issue".

Should I bother studying all 4 issues in depth?

Hi!

Yep, there’s a possibility of both occurring. You should definitely study all 4 issues because they’re not only applicable to a contemporary issue-specific essay question as you can use them for other essay questions :-) Also, there’s no knowing if the other question you get is going to be really bad so it’s worth studying all contemporary issues so you have more flexibility when writing your essay!

Hope this helps :-)
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on July 26, 2019, 01:33:23 pm
Hi,

Could a media outlet be a “NGO”?

Could a sports team be considered an NGO?

Basically I am asking if any organisation that is not run by the govt. can be considered an NGO?
My teacher is saying to stay away from considering media outlets and sports organisations as NGOs, however I have seen some 25mk questions on solely NGOs on a particular aspect of the option syllabus, leaving me with little
to talk about.

Thank you !!!!
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on July 26, 2019, 06:08:53 pm
Hi,

Could a media outlet be a “NGO”?

Could a sports team be considered an NGO?

Basically I am asking if any organisation that is not run by the govt. can be considered an NGO?
My teacher is saying to stay away from considering media outlets and sports organisations as NGOs, however I have seen some 25mk questions on solely NGOs on a particular aspect of the option syllabus, leaving me with little
to talk about.

Thank you !!!!

Technically a media outlet is a NGO. Not sure how your teacher might view this, but I personally do not categorise media as a NGO in my essay even for options in the case that your marker(s) might not agree.

In terms of sports teams being a NGO, it depends on what you mean by this - is it an organisation/initiative run by a sports team in order to tackle a particular issue or does it raise awareness of that same issue. If the sports team runs an organisation, it would be considered a non-governmental organisation as it focuses on creating programmes in order to tackle that issue. An example of an NGO is Amnesty International which tackles human rights issues through exposing countries who violate human rights etc.
Title: Re: HSC Legal Studies Question Thread
Post by: infectmarshroom on July 31, 2019, 02:05:40 pm
Hi all,

What type of defense does battered woman syndrome fall under?

self defence, duress or necessity? ... multie
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on August 03, 2019, 11:56:58 pm
Hi all,

What type of defense does battered woman syndrome fall under?

self defence, duress or necessity? ... multie

Battered Spouse Syndrome doesn't fall under specific type of defence as it can be used for multiple types of defences such as self defence, duress and provocation :) Here's my source if you are interested: https://www.sydneycriminallawyers.com.au/blog/battered-woman-syndrome-a-help-or-hindrance/
Title: Re: HSC Legal Studies Question Thread
Post by: Carolineee on August 05, 2019, 03:56:46 pm
Hey Guys,
My teacher gave us some questions that might be similar to the exam in regards to our core topics, but I am actually so clueless on how to answer them, any help would be appreciated:

Family:
"to what extent does the role of law reform achieve justice for family members and society"

World Order:
"Evaluate the impact of changing values and ethical standards on world order. To what extent does the law encourage co-operation and resolve conflict in relation to world order?"

I have no idea how to structure the paragraphs as well as what they are asking me to answer especially the World Order one."

Thanks in Advance
Title: Re: HSC Legal Studies Question Thread
Post by: Jfernando312 on August 09, 2019, 07:25:08 pm
Hi there, I am currently studying the law in practice for women and was just wondering if i could have some advice from anyone regarding how to approach these three legal studies questions, i have started a bit of the third question and the first one but im a bit lost on how many issues/responses to focus on for each question and how much detail and facts do i need to maximise marks, and the structure, like for the first question, im not sure if it mean a brief sketch or how i should approach it or im doing it right?

Question One: Examine the issues for women in the Australian workplace (5 marks)

In contemporary Australia, although it is a basic right for women to feel safe in their workplace, many women continue to experience discrimination, sexual harassment and social security as an everyday reality. While poverty can be an experience for both men and women, women continue to be disproportionately affected by financial disadvantage as they struggle to become financially independent particularly after a separation or divorce.  Studies have shown that over the long term, women fare far worse financially than men after a divorce. In addition, approximately 90% of lone parent families are headed by women. Furthermore, the responsibilities of child care, disabled family members or grandparents present significant barriers to entering the workforce. While financial support from the government is therefore vital, most people are dependent on welfare as their main source of income nevertheless live on or below the poverty line. Discrimination has also resulted from this as employers have the tendency to discriminate those who are pregnant or otherwise because of gender differences, which led to explaining the glass ceiling that is an impediment for women towards career progress. As women are viewed as family bearers and inferior, they are promoted to less opportunities of equal pay. Due to discrimination and social media as an increasing platform for employers or employees to tamper with, women have also been the subject of sexual jokes and sending of pornographic or spamming messages, which leads to the issue of sexual assault.


Question Two: Describe the legal and non-legal responses to women in the workplace (10 marks)


Question Three: Evaluate the effectiveness of the legal and non-legal responses in achieving justice for women in the Australian workforce (15 marks)
In the Australian workplace, issues of discrimination, sexual assault and equal opportunities are prevalent for women. Traditionally, however, in the past, the law had mainly recognised men and been slow to recognise women’s rights. As a consequence, not all women had received equal recognition under the law due to perceived gender differences. To improve justice for all women in the workplace, there have been legal and non-legal mechanisms to address these issues through anti-discrimination legislation, lobby groups and media agenda settings. These measures have been to a certain extent effective as sex discrimination, pay equity and social security; childcare is still prevalent today.

To begin with, and federal legislation have provided far-reaching protection to women in the workplace who experience any form of discrimination and sexual harassment. Young women in early employment are especially vulnerable to sexual harassment and new technologies, such as mobile phones with email and social networking websites, are adding another dimension to sexual harassment. This is supported by the Poniatowska v Hickinbotham [2009] FCA case, which involved a building consultant who experienced a number of sexual harassment incidents such as sexual jokes from the Chairman who said she had “two good assets”, receiving a spam of pornographic MMM messages and telephone invitations for sex until she was unfairly dismissed. This case was an important milestone as it showed that women ought to have their complaints of harassment taken seriously and have the right to appropriately investigate and handle such complaints. Employers need to have policies in place which specify workplace conduct and must discipline employees that engage in any inappropriate conduct that makes the victim of abuse uncomfortable. Due to the case, for women to have procedural fairness and be acknowledged according to the rule of law especially if they make a complaint has raised awareness of gender vulnerability and so the Sex Discrimination Act 1974 (Cth) has now addressed it more explicitly and makes sex discrimination based on attributes such as their sex, marital status, pregnancy or potential pregnancy, breastfeeding or family responsibilities unlawful. The provisions of the Act regarding sexual harassment have been effective in that the only requirement is to show that the unacceptable behaviour took place. Complaints of sexual harassment remain high but this is attributed to greater awareness of women's rights. However, the effectiveness of this anti-discrimination legislation is limited by the reluctance to exercise those rights especially for those who fear dismissal, fail to recognise the rights or who lack any knowledge at all.






Title: Re: HSC Legal Studies Question Thread
Post by: Jfernando312 on August 12, 2019, 01:12:44 pm
Hi, I was wondering, is anyone able to read what I have so far for my legal studies assessment and suggest tips on how to structure each question because I am lost with it and don’t know how much to write for each question and don’t know if I’m approaching it right. Here are the questions and what I’ve done so far:

Question One: Examine the issues for women in the Australian workplace (5 marks)

In contemporary Australia, although it is a basic right for women to feel safe in their workplace, many women continue to experience discrimination, sexual harassment and social security as an everyday reality. While poverty can be an experience for both men and women, women continue to be disproportionately affected by financial disadvantage as they struggle to become financially independent particularly after a separation or divorce.  Studies have shown that over the long term, women fare far worse financially than men after a divorce. In addition, approximately 90% of lone parent families are headed by women. Furthermore, the responsibilities of child care, disabled family members or grandparents present significant barriers to entering the workforce. While financial support from the government is therefore vital, most people are dependent on welfare as their main source of income nevertheless live on or below the poverty line. Discrimination has also resulted from this as employers have the tendency to discriminate those who are pregnant or otherwise because of gender differences, which led to explaining the glass ceiling that is an impediment for women towards career progress. As women are viewed as family bearers and inferior, they are promoted to less opportunities of equal pay. Due to discrimination and social media as an increasing platform for employers or employees to tamper with, women have also been the subject of sexual jokes and sending of pornographic or spamming messages, which leads to the issue of sexual assault.


Question Two: Describe the legal and non-legal responses to women in the workplace (10 marks)


Question Three: Evaluate the effectiveness of the legal and non-legal responses in achieving justice for women in the Australian workforce (15 marks)
In the Australian workplace, issues of discrimination, sexual assault and equal opportunities are prevalent for women. Traditionally, however, in the past, the law had mainly recognised men and been slow to recognise women’s rights. As a consequence, not all women had received equal recognition under the law due to perceived gender differences. To improve justice for all women in the workplace, there have been legal and non-legal mechanisms to address these issues through anti-discrimination legislation, lobby groups and media agenda settings. These measures have been to a certain extent effective as sex discrimination, pay equity and social security; childcare is still prevalent today.

To begin with, and federal legislation have provided far-reaching protection to women in the workplace who experience any form of discrimination and sexual harassment. Young women in early employment are especially vulnerable to sexual harassment and new technologies, such as mobile phones with email and social networking websites, are adding another dimension to sexual harassment. This is supported by the Poniatowska v Hickinbotham [2009] FCA case, which involved a building consultant who experienced a number of sexual harassment incidents such as sexual jokes from the Chairman who said she had “two good assets”, receiving a spam of pornographic MMM messages and telephone invitations for sex until she was unfairly dismissed. This case was an important milestone as it showed that women ought to have their complaints of harassment taken seriously and have the right to appropriately investigate and handle such complaints. Employers need to have policies in place which specify workplace conduct and must discipline employees that engage in any inappropriate conduct that makes the victim of abuse uncomfortable. Due to the case, for women to have procedural fairness and be acknowledged according to the rule of law especially if they make a complaint has raised awareness of gender vulnerability and so the Sex Discrimination Act 1974 (Cth) has now addressed it more explicitly and makes sex discrimination based on attributes such as their sex, marital status, pregnancy or potential pregnancy, breastfeeding or family responsibilities unlawful. The provisions of the Act regarding sexual harassment have been effective in that the only requirement is to show that the unacceptable behaviour took place. Complaints of sexual harassment remain high but this is attributed to greater awareness of women's rights. However, the effectiveness of this anti-discrimination legislation is limited by the reluctance to exercise those rights especially for those who fear dismissal, fail to recognise the rights or who lack any knowledge at all.
Title: Re: HSC Legal Studies Question Thread
Post by: Pearlmilktea on August 12, 2019, 08:55:57 pm
Hey Guys,
My teacher gave us some questions that might be similar to the exam in regards to our core topics, but I am actually so clueless on how to answer them, any help would be appreciated:

Hey! I'm going to keep this answer quick as I have trials tomorrow but I hope it helps!!

Family:
"to what extent does the role of law reform achieve justice for family members and society"

For law reform you could look at any of the contemporary issues:
- Developing recognition and ultimate legalisation of same sex marriage + alternative family relationships
- Care and protection of children - Wood Report --> Keep Them Safe Program -> reforms to prevent domestic violence
- Changing nature of parental responsibility - changing language, failure of 2006 reforms and 2011 reforms as a result and risk of domestic violence
- Surrogacy and birth technologies - pretty much all of this as it's so current and therefore constantly requires reform

World Order:
"Evaluate the impact of changing values and ethical standards on world order. To what extent does the law encourage co-operation and resolve conflict in relation to world order?"

This is quite a tricky Q too. in terms of changing values and ethical standards maybe talk about the emphasis of peace and security in the modern world. Formation of the UN. Intolerance towards inter-state conflict due to the carnage from WWI and WWII (100 million people killed between them).

As a result, there has been a shift to intra-state conflict. States want to maintain trade and alliances and as a result, are less likely to take part in inter-state conflict. This presents challenges with state sovereignty though as how do we intervene when a conflict in intra-state (e.g. Syria).

I guess the encouraging cooperation is to do with the maintaining peaceful relations in order to maintain trade and alliances, strengthening your own state and furthering the economy - ultimately making everyone more powerful. A bit of HR stuff with role of the UN as well as introducing T&C of compliance. Co-operation achieved through ratifying treaties, complying with laws and not starting conflict. Can talk about R2P in targeting intra-state conflict too.

Sorry it's a bit all over the place. Good luck though (if you haven't already done your exam)!!

Title: Re: HSC Legal Studies Question Thread
Post by: emilyyyyyyy on September 27, 2019, 03:28:07 pm
Hi

I'm struggling to scaffold crime essays - there's so many dot points and i don't have a lot of info on certain topics, specifically, the investigation process, sentencing and punishment, young offenders and international and transnational crime.

Does anyone have any advice?
Thanks :)
Title: Re: HSC Legal Studies Question Thread
Post by: meerae on September 27, 2019, 06:19:38 pm
Hi

I'm struggling to scaffold crime essays - there's so many dot points and i don't have a lot of info on certain topics, specifically, the investigation process, sentencing and punishment, young offenders and international and transnational crime.

Does anyone have any advice?
Thanks :)

Hiya!

I recommend making acronyms for each chapter so the dot points are easier to remember, then make sure when writing essays that you choose the most content heavy dot points that answer the topic.

Hope this helps!
meerae :)
Title: Re: HSC Legal Studies Question Thread
Post by: phungies on October 01, 2019, 09:52:30 pm
Hey Guys! I was wondering if this website in particular, ATARNotes, provided any essay marking? I'm fairly new here (yes... pretty late to join ik)
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on October 01, 2019, 10:28:50 pm
Hey Guys! I was wondering if this website in particular, ATARNotes, provided any essay marking? I'm fairly new here (yes... pretty late to join ik)
Hey,
Welcome to AN!!  ;D

If you post your essay here it might be looked over and marked.

Hope this helps! :)
Title: Re: HSC Legal Studies Question Thread
Post by: akshita.arora on October 20, 2019, 07:09:55 pm
Hi!
Does anyone have any predictions for what the family essay question (25 marker) could be??
It could legit be anything but if anyone has any predictions pls help a gal out :))
Title: Re: HSC Legal Studies Question Thread
Post by: emilyygeorgexx on October 20, 2019, 10:32:21 pm
Hi!
Does anyone have any predictions for what the family essay question (25 marker) could be??
It could legit be anything but if anyone has any predictions pls help a gal out :))

Hey!

I would definitely take a look at the 'Themes and Challenges' as they are a very common source for the essay questions.
Title: Re: HSC Legal Studies Question Thread
Post by: phungies on October 21, 2019, 07:16:23 am
Quick question, in preparation for the HSC now, how should I be studying? (:
Title: Re: HSC Legal Studies Question Thread
Post by: youii on October 21, 2019, 07:19:40 pm
Hey, I was just wondering if anyone can give me tips on what to use case studies for? So should I research cases and legislations only that surround the themes and challenges for specifically Crime? Or should i have Legislations and Case studies for almost every dot point in the crime syllabus?

Same question for Human Rights
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on October 21, 2019, 07:40:19 pm
Quick question, in preparation for the HSC now, how should I be studying? (:

Past papers in timed conditions and memorising your legislation, making sure to target your weak points (eg. multiple choice, human rights etc) while getting feedback from your teacher/atarnotes forums. If you haven't made your notes/flashcards, do it before you practice past papers.

Hey, I was just wondering if anyone can give me tips on what to use case studies for? So should I research cases and legislations only that surround the themes and challenges for specifically Crime? Or should i have Legislations and Case studies for almost every dot point in the crime syllabus?

Same question for Human Rights

Try to look at legislation and cases that can be used for almost every dot point, because it's better to be over-prepared than underprepared, since there is a possibility that they could ask a really specific question on crime. Sometimes you'll find that legislation and cases do overlap so keep a lookout for those in particular for both human rights and crime.
Title: Re: HSC Legal Studies Question Thread
Post by: Thankunext on October 21, 2019, 08:46:38 pm
Hey guys!
Could we talk about Hong Kong in our World Order essays since it seems to be a contemporary issue right now? If so, what could we talk about?
Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: youii on October 23, 2019, 05:03:44 pm
"Assess the roles of Organisations, Tribunals and Courts in resolving Consumer Law?"

Wondering how to structure this and exactly what to discuss
Title: Re: HSC Legal Studies Question Thread
Post by: Pearlmilktea on October 28, 2019, 09:23:28 pm
Hey guys!
Could we talk about Hong Kong in our World Order essays since it seems to be a contemporary issue right now? If so, what could we talk about?
Thanks!

HSC Markers love contemporary issues in essays so definitely recommend adding stuff you see in the news if it's relevant to what you're studying. The thing to be careful about for Hong Kong is how much it impacts global peace and security which underpins the WO syllabus.

Therefore, I would probably run it by your teacher as it could potentially make a great paragraph if they agree it relates to the key concepts. It is definitely super relevant right now.

Good luck!
-Gracie
Title: Re: HSC Legal Studies Question Thread
Post by: phungies on October 29, 2019, 08:59:02 am
Hey Guys! For the crime response (15 marks), do you guys think it's okay to have only two body paragraphs? A crime essay should be around 600 words (according to my teacher) so I plan on having two really in-depth body paragraphs (approx 250 words each). But a lot of past answers to crime responses have at least 3, so idk if it's okay to have 2.  :-\
Title: Re: HSC Legal Studies Question Thread
Post by: bmarz2019 on October 29, 2019, 09:59:14 am
Hey Guys! For the crime response (15 marks), do you guys think it's okay to have only two body paragraphs? A crime essay should be around 600 words (according to my teacher) so I plan on having two really in-depth body paragraphs (approx 250 words each). But a lot of past answers to crime responses have at least 3, so idk if it's okay to have 2.  :-\

It'd be preferred that you do 3 body paragraphs as it allows for you to have more content in there and attain more marks. It also makes it look like you know your stuff instead of possibly repeating what you're writing. However, it all depends on how you work.

By having 3 paragraphs you're spreading out your information instead of just a large blob of writing.

Hope this provides some insight.
Title: Re: HSC Legal Studies Question Thread
Post by: phungies on October 29, 2019, 10:22:38 am
It'd be preferred that you do 3 body paragraphs as it allows for you to have more content in there and attain more marks. It also makes it look like you know your stuff instead of possibly repeating what you're writing. However, it all depends on how you work.

By having 3 paragraphs you're spreading out your information instead of just a large blob of writing.

Hope this provides some insight.

Thank you so much! On a side note, I was wondering if it was okay to intertwine some of the topics? For example, for the criminal investigation process, I am planning on doing a paragraph on the Terrorism (Police Powers) Act 2016 and talk about the powers of the police in regards to terrorism. However, if we were asked a question on young offenders, I would want to utilise the same act but twist the topic sentence around, perhaps say that terrorism is targeted towards younger people and thus they become young offenders... something like that?
Title: Re: HSC Legal Studies Question Thread
Post by: jasonbui on October 29, 2019, 08:07:51 pm
Thank you so much! On a side note, I was wondering if it was okay to intertwine some of the topics? For example, for the criminal investigation process, I am planning on doing a paragraph on the Terrorism (Police Powers) Act 2016 and talk about the powers of the police in regards to terrorism. However, if we were asked a question on young offenders, I would want to utilise the same act but twist the topic sentence around, perhaps say that terrorism is targeted towards younger people and thus they become young offenders... something like that?
I seriously doubt that your statement or point of view of the Terrorism ( police Powers) Act 2016 has any relevance or aim to target your offenders. Perhaps it'd be more suitable for you to focus on arrest and charge, detention and interrogation, rights of suspects or in general police powers if you wish to mould your paragraph from the investigation process to young offenders..
Title: Re: HSC Legal Studies Question Thread
Post by: Thankunext on October 30, 2019, 12:28:18 pm
Hello!

May I ask what the difference is between the 2 questions below? The answers are different for both.

1. The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of?
A. Remand
B. Recidivism
C. Protective custody
D. Preventative detention

2. Joan is charged with a serious home invasion. She is kept in custody because of the fear She may reoffend. What is this an example of?
A. Protective custody
B. Preventative detention
C. Recidivism
D. Remand

Thank you!
Title: Re: HSC Legal Studies Question Thread
Post by: shanellegeorge123 on October 30, 2019, 01:40:47 pm
Hi! Can anyone explain judicial guidelines to me? I know statutory guidelines are in legislation so judges have to follow it I.e. maximum sentences, but how would you describe judicial? And if you were to make a paragraph discussing judicial guidelines what would you talk about?

Title: Re: HSC Legal Studies Question Thread
Post by: Carolineee on October 30, 2019, 08:27:07 pm
Hey guys,
I've been doing practice essay plans and I am soo confused on issues of compliance and non-compliance involving crime? Like what could I write about it? 
Title: Re: HSC Legal Studies Question Thread
Post by: emilyyyyyyy on October 31, 2019, 07:18:50 am
Hello!

May I ask what the difference is between the 2 questions below? The answers are different for both.

1. The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of?
A. Remand
B. Recidivism
C. Protective custody
D. Preventative detention

2. Joan is charged with a serious home invasion. She is kept in custody because of the fear She may reoffend. What is this an example of?
A. Protective custody
B. Preventative detention
C. Recidivism
D. Remand

Thank you!

I could be completely wrong but I think with the first question, bc she hasn't actually committed the crime yet, it'd be preventative detention?

And for the second, bc she has committed the crime and bc the police might think she will reoffend, she isn't offered bail, therefore she's in remand?

I hope that's right I'm sorry if it isn't :)
Title: Re: HSC Legal Studies Question Thread
Post by: maddy.orchard on October 31, 2019, 05:37:23 pm
Hi! Can anyone explain judicial guidelines to me? I know statutory guidelines are in legislation so judges have to follow it I.e. maximum sentences, but how would you describe judicial? And if you were to make a paragraph discussing judicial guidelines what would you talk about?

Basically, these are court decisions that give guidance to judges in relation to how they should sentence offenders. They help to remove inconsistencies in sentencing procedures by ensuring that similar cases are treated and punished in the same way (otherwise offenders who commit similar crimes would be punished differently - not all judges think the same way). Helps to uphold community expectations because society expects that certain offences will be punished in particular ways.

In terms of what you would talk about,
- mention the Crimes (Sentencing Procedure) Act 1999 (NSW) and its relation to the sentencing process
- discuss the impact in judicial discretion
- judicial guidelines do not apply for all crimes - some statute overrides this (for example, mandatory sentencing laws removes judicial discretion)
- NSW sentencing council looks at the different sentencing decisions made by judges and by focusing on their reasoning they determine one judgement to be the best way to punish a particular offence
- case example: R v Henry 1999 sets the precedent for armed robbery cases - every judge must follow this decision when deciding on armed robbery cases OR provide good reasons why they didn't

Hope this helps!
Title: Re: HSC Legal Studies Question Thread
Post by: avocadinq on October 31, 2019, 07:49:06 pm
Hey guys,
I've been doing practice essay plans and I am soo confused on issues of compliance and non-compliance involving crime? Like what could I write about it?

Remember that compliance is obeying the law whereas non-compliance is not obeying the law. For crime, it's about how successful your controlling idea is in establishing deterrence so that crimes will not be committed in the future. An example of this could be the Children's Court - while the Court itself creates a less intimidating procedure focused on rehabilitation, it is ineffective in addressing issues of compliance and non-compliance as it doesn't really reduce recidivism.
Title: Re: HSC Legal Studies Question Thread
Post by: maddy.orchard on November 01, 2019, 11:11:10 am
Thank you so much! On a side note, I was wondering if it was okay to intertwine some of the topics? For example, for the criminal investigation process, I am planning on doing a paragraph on the Terrorism (Police Powers) Act 2016 and talk about the powers of the police in regards to terrorism. However, if we were asked a question on young offenders, I would want to utilise the same act but twist the topic sentence around, perhaps say that terrorism is targeted towards younger people and thus they become young offenders... something like that?

The terrorism (police powers) act 2016 allows individuals as young as 14 to be detained without charge for 14 days which denies their civil rights. in terms of young offenders you could say that this goes against the right to protect young offenders in accordance to CROC.
This is a good article you could use to back up that point https://www.theage.com.au/national/victoria/suspected-teen-extremists-could-be-held-for-two-weeks-without-charge-20170612-gwpg4a.html
Title: Re: HSC Legal Studies Question Thread
Post by: maddy.orchard on November 01, 2019, 11:13:32 am
Hey, would anyone doing consumer law happen to have any good cases they'd be willing to share? I literally have none and I'm freaking out a bit
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on November 01, 2019, 04:47:58 pm
Hey, would anyone doing consumer law happen to have any good cases they'd be willing to share? I literally have none and I'm freaking out a bit
Hey,
These were my cases. I did the course back in 2017 so some of the cases may be a little old though.

Credit
Commonwealth Bank v. ASIC (2017): Refund over 65000 customers approximately $10M, after selling unsuitable credit insurance.
Citibank v. ASIC (2017): Refunds $5M in credit card international transaction fees.
Cash Converters v. ASIC (2016): Required to pay over $12M after they ‘failed to assess small amount loans as unsuitable’.
Westpac v. ASIC (2016): Pays $1M after concerns about credit card limit increase practises.

Product Certification
Reckitt Benckiser (Australia) Pty Ltd (Nurofen) v. ACCC (2015): Fined $6M for false/ misleading claims as caplets in Nurofen Specific Pain Products were identical and were more expensive.
Pirovic Enterprises Pty Ltd v. ACCC (2014): Pay $300,000 after misleading/deceptive content by marketing eggs as free range.
Woolworths Limited v. ACCC (2016): Pay over $3M after misleading/deceptive conduct about safety of house brand products.

If you need any other media/legislation I have my consumer study sheets here.

Hope this helps!! Good luck for the exam!!  :D
Title: Re: HSC Legal Studies Question Thread
Post by: shanellegeorge123 on November 01, 2019, 08:30:55 pm
Hey could anyone help me with what kind of paragraphs I could structure a crime essay about compliance/non compliance around?? Thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: Thankunext on November 01, 2019, 11:43:33 pm
Hi!

Just want to ask if we could talk about war crimes, genocide, Syria or ICC cases in our World Order essays??

Thank you!!
Title: Re: HSC Legal Studies Question Thread
Post by: youii on November 02, 2019, 12:22:26 pm
Hi!

Just want to ask if we could talk about war crimes, genocide, Syria or ICC cases in our World Order essays??

Thank you!!

Yes of course you can
Title: Re: HSC Legal Studies Question Thread
Post by: Thankunext on November 02, 2019, 12:45:34 pm
Yes of course you can
Whoops I meant to say:
 Can talk about those in relation to rules regarding the conduct of hostilities?
Title: Re: HSC Legal Studies Question Thread
Post by: youii on November 02, 2019, 01:19:23 pm
You can literally almost use any of them for any points but it depends on how well you can adapt them to the questions. But if we do get asked about the conduct of hostilities most definitely I will be using them.

Good luck I'm failing
Title: Re: HSC Legal Studies Question Thread
Post by: Thankunext on November 03, 2019, 06:22:35 pm
Hey!

Does anyone have any cases for changing nature of parental responsibility? And law reform for surrogacy and birth technologies? There seems to only be one legislation???

Many thanks!
Title: Re: HSC Legal Studies Question Thread
Post by: katie,rinos on November 03, 2019, 07:41:35 pm
Hey!

Does anyone have any cases for changing nature of parental responsibility? And law reform for surrogacy and birth technologies? There seems to only be one legislation???

Many thanks!

Hey,
I don't have any cases for changing nature of parental responsibility but here are my legislation for surrogacy/birth technology:

Status of Children Act 1996 (NSW): Specifies where parental responsibility lies, and to whom the child belongs in complex situations
Assisted Reproductive Technology Act 2007 (NSW): Specific legislation on birth technology and surrogacy in general, including registries for health reasons
Surrogacy Act 2010 (NSW): Removed discrepancies and difficulties in transferring parentage to new parents
NO EXPLICIT FEDERAL LAWS

Hope this helps!! Good luck for the exam!! :)
Title: Re: HSC Legal Studies Question Thread
Post by: schnitzel_mitzel101 on December 05, 2019, 05:04:49 pm
Hey all!
I have a crime essay coming up and the question is:
"Assess whether a court’s decision to allow an accused person bail or to hold them on remand reflects a tension between community interests and individual rights and freedoms". (25 marks)

I am really unsure what to argue and how to structure solid arguments for a 4 paragraph essay. And I find the bit about the "tension between community interests and individual rights and freedoms" quite confusing.

Some of my thoughts to include are:
- Presumption of innocence
- Upholding procedural fairness
- Rule of law
- Remand = serious incursion of liberty

Any sort of help would be greatly appreciated :)) Thanks in advance.
Title: Re: HSC Legal Studies Question Thread
Post by: Pearlmilktea on December 21, 2019, 12:27:48 pm
Hey all!
I have a crime essay coming up and the question is:
"Assess whether a court’s decision to allow an accused person bail or to hold them on remand reflects a tension between community interests and individual rights and freedoms". (25 marks)

I am really unsure what to argue and how to structure solid arguments for a 4 paragraph essay. And I find the bit about the "tension between community interests and individual rights and freedoms" quite confusing.

Some of my thoughts to include are:
- Presumption of innocence
- Upholding procedural fairness
- Rule of law
- Remand = serious incursion of liberty

Any sort of help would be greatly appreciated :)) Thanks in advance.

Hiya!

I usually did three paragraphs for my crime essays but if you like doing four that's all good (it sometimes makes it harder though to think of different controlling ideas). You could maybe combine some ideas  :)

I think you definitely have great controlling ideas but you could also consider looking at the multiple Bail Act reforms as it epitomises the tension between community interests and individual rights and freedoms which is a key part of the question, along with giving you more content for your response.

Rushed reforms led to former DPP Nicholas Cowdery criticising the Bail Act changes (2015) as they didn't uphold the presumption of innocence and required individuals to 'show cause'. This definitely resulted in community tension and a failure to balance the rights of the suspect and the community.

Hopefully this somewhat helps!! Sorry my reply was late!!
Title: Re: HSC Legal Studies Question Thread
Post by: alice343 on January 22, 2020, 08:20:01 pm
Hi everyone! If anyone could help me in figuring out how to answer this essay question, and how to go about structuring it, I would greatly appreciate it!

To what extent does the criminal justice system balance the rights of the victims, offenders and society when dealing with young offenders?

There's just a lot going on in the question and I'm a bit confused on how to answer this exactly.
Title: Re: HSC Legal Studies Question Thread
Post by: Turd Ferguson on February 25, 2020, 06:54:25 pm
How would you answer a question like the two 2016 HSC World Order questions, in terms of what your paragraphs should be about?

(a) To what extent does the law encourage cooperation to achieve world order/success of global cooperation?

(b) Evaluate the effectiveness of the law in balancing state sovereignty and the 'responsibility to protect'.

Thank you, any help is appreciated.

Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on February 25, 2020, 09:31:02 pm
How would you answer a question like the two 2016 HSC World Order questions, in terms of what your paragraphs should be about?

(a) To what extent does the law encourage cooperation to achieve world order/success of global cooperation?

(b) Evaluate the effectiveness of the law in balancing state sovereignty and the 'responsibility to protect'.

Thank you, any help is appreciated.

Hey, welcome to the forums!! For WO I tend to recommend either:

- Issue based responses, where each paragraph tackles a contemporary issue/scenario and evaluates responses (EG - North Korean missile crisis, Iranian/US conflicts we've had recently, etc.)
- Response based responses (haha), where each paragraph evaluates a legal response/mechanism (UNSC, UNGA, ICJ, etc.)

Either is good! It's a preference thing. For these specifically, for (A) it is super broad, literally pick anything you want to talk about and you can probably link it to how well (or not well) nation states cooperated to achieve world order. World order is literally just about cooperation. (B) is a bit more specific. You'd obviously be discussing UNSC and R2P quite heavily. I'd go issue/scenario based here, pick 3 significant events and evaluate the response to them, and argue whether each was an effective/ineffective balance of SS and R2P. EG, should UN Peacekeeping Forces have intervened in North Korea given their threats of attacking other nation states and their human rights atrocities? Choosing not to, you could argue that was pushing SS and not R2P - Was that a good/bad move, to you? How would you argue it? :)
Title: Re: HSC Legal Studies Question Thread
Post by: jamonwindeyer on February 25, 2020, 09:40:36 pm
Hi everyone! If anyone could help me in figuring out how to answer this essay question, and how to go about structuring it, I would greatly appreciate it!

To what extent does the criminal justice system balance the rights of the victims, offenders and society when dealing with young offenders?

There's just a lot going on in the question and I'm a bit confused on how to answer this exactly.

Yo! Sorry you didn't get a reply here but I thought I'd chuck in a late answer. Breaking it down:

To what extent: How much? This is asking you to make a judgement!

does the criminal justice system: Legislation, courts, police, procedures, literally anything you've learned about!

balance the rights of the victims, offenders and society: How well are each of these parties considered at different stages? Ideally we should have a balance, but in some areas you could argue some are favoured over others. EG, do increased police powers to combat terrorism under LEPRA Amendments place societal safety ahead of the rights of offenders?

when dealing with Young Offenders? Self explanatory, all needs to relate to Young Offenders!

So what do you do? Pick a few aspects of the Youth Justice System (warnings/cautions/YJC's, Children's Court, etc.) and evaluate how effectively they achieve the balance between the rights of the offenders, justice for the victims, and the safety of society. Maybe the balance is great, maybe its not, your job is to make the judgement and argue it! As for paragraphs, I'd just do one paragraph per 'aspect' that you pick :)
Title: Re: HSC Legal Studies Question Thread
Post by: Salwasabz on March 19, 2020, 07:33:03 pm
hello I have an assignment which is an essay and this is my finished product I just wanted some feedback
Title: Re: HSC Legal Studies Question Thread
Post by: RuskiBrah on April 22, 2020, 11:05:54 pm
hey, i was wondering what the best way to prep for 15 mark extended response question with access to offline notes?

we're given 45 mins to respond to one 15 mark question which includes a stimulus material but with access to offline hardcopy notes. ive done a bunch of essay scaffolds for past hsc questions from the crime syllabus. they have not been focused on specific dot points e.g. 'assess the roles of alternative methods of sentencing'.

instead i've made them on broader questions like 'assess the effectiveness of the criminal trial process as a means of achieving justice '.

anyway, i was wondering if its smart to just print off these essay scaffolds on these broader types of questions as part of my 'offline notes' or if there are better/alternative ways?

advice/suggestions are greatly appreciated thank you
Title: Re: HSC Legal Studies Question Thread
Post by: jessbeutum123 on April 23, 2020, 07:39:33 am
Hi,
I'm a year 12 student. I have a crime Extended response next week.

What's the best way to integrate a quote into the response and throughout the response?
What's the best way to get close to full marks?
Title: Re: HSC Legal Studies Question Thread
Post by: alice343 on April 24, 2020, 09:37:57 am
hey, i was wondering what the best way to prep for 15 mark extended response question with access to offline notes?

we're given 45 mins to respond to one 15 mark question which includes a stimulus material but with access to offline hardcopy notes. ive done a bunch of essay scaffolds for past hsc questions from the crime syllabus. they have not been focused on specific dot points e.g. 'assess the roles of alternative methods of sentencing'.

instead i've made them on broader questions like 'assess the effectiveness of the criminal trial process as a means of achieving justice '.

anyway, i was wondering if its smart to just print off these essay scaffolds on these broader types of questions as part of my 'offline notes' or if there are better/alternative ways?

advice/suggestions are greatly appreciated thank you

Hi! I think what you're doing currently in preparation for you assessment is really great! I think it would be more worthwhile to base your essay scaffolds off of broader questions (so definitely include these in your offline notes). Also, always relate them to the themes and challenges since those are the overarching ideas you will need to base your arguments around. I'm not sure what the limits are to your hardcopy notes and the nature of your assessment, but I feel like if you included whole essay scaffolds for specific syllabus dot points you might get a bit overwhelmed will all the information. Instead, mindmap all the possible LCMID for each dot point and condense them into EXTREMELY BRIEF notes; only dot points (key words, no full sentences allowed). Try and use LCMID that relate to multiple parts of the syllabus so you don't have to memorise as much.

Hope this helped! :)
Title: Re: HSC Legal Studies Question Thread
Post by: alice343 on April 24, 2020, 09:56:17 am
Hi,
I'm a year 12 student. I have a crime Extended response next week.

What's the best way to integrate a quote into the response and throughout the response?
What's the best way to get close to full marks?

Hello! One magical word: SIGNPOSTING. If you use certain phrases to introduce your examples, you will sound much more sophisticated. Phrases such as: 'according to....', 'this is evidenced within....', 'such _____ is demonstrated by the...'. I recommend using the phrases from this document:
http://stage6.pbworks.com/f/Legal+Studies.pdf
On page 4, it has a plethora of phrases and terms you can use in your essay to sound more concise and sophisticated!

In order to write an essay that will achieve full marks, you need to sustain your argument through a logical and sustained response. This means you are being clear on what your arguments are straight from the introduction, and proving them through your body paragraphs. By the time the reader reads your conclusion, they should be able to think "This person has proved their point.". Make sure you are consistently putting your argument forward in not only the topic sentence and concluding sentence of each body paragraph, but weaving it through your analysis of LCMID and reference to fundamental legal principles (Rule of law, presumption of innocence etc.).

A way to effectively analyse your LCMID is using the criteria (I first saw this in the Year 11 syllabus, but each school might have different ways of remembering it?); resource efficiency, enforceability, accessibility, etc. After each analysis, link it back to your argument with phrases such as 'thus, hence, consequently.'

In terms of your actual arguments, make sure you are engaging with contrasting perspectives. This ensures you have balance in your response. Even if you might wholly lean to one side of an argument, you can still acknowledge opposing ideas but then go about by disproving/overruling them. Phrases like 'contrastingly, although, on the contrary,' are my favourite!

I hope this helped! I'm sure you'll do great on your assessment - good luck! :)
Title: Re: HSC Legal Studies Question Thread
Post by: Nikita_Leota on June 01, 2020, 05:14:34 pm
I was wondering about the passing of the Criminal Code amendment (Sharing of Abhorrent Violent Material) Bill 2019, and how this could be improved to meet the reality of our broad internet?
To what extent will this legislation actually regulate abhorrent content?
How will this challenge social media platforms?
Title: Re: HSC Legal Studies Question Thread
Post by: jasminerulez9 on June 01, 2020, 11:04:16 pm
Hey, could someone please tell me how to best tackle the question below. Its an in-class essay that is in 2 weeks.

Q) Examine the role of law reform in ensuring just outcomes are achieved for both family members and society- in your response you SHOULD address the role + effectiveness of both the Federal Circuit court and Family Court of Australia.

Like in the introduction how would i make reference to the courts and also throughout the essay. How would I structure my intro for this?

(sorry if i'm sounding annoying, but i really need someone to break this question down for me)

Title: Re: HSC Legal Studies Question Thread
Post by: ciarne28 on May 26, 2021, 06:36:34 pm
Would someone be able to explain compliance and non-compliance as a theme & challenge.
Title: Re: HSC Legal Studies Question Thread
Post by: ciarne28 on May 26, 2021, 06:37:16 pm
Would someone be able to explain compliance and non-compliance as a theme & challenge.
Title: Re: HSC Legal Studies Question Thread
Post by: tessach004 on November 01, 2021, 05:53:45 pm
Hello :) Could someone/some people please help with the Workplace option - any recent cases that relate to any of the contemporary issues, especially leave!
Title: Re: HSC Legal Studies Question Thread
Post by: si_m on March 28, 2022, 12:35:20 pm
Heyy! :) would someone be able to explain the issues surrounding compliance and non-compliance of legal and non-legal measures in relation to human rights?
Title: Re: HSC Legal Studies Question Thread
Post by: si_m on March 28, 2022, 12:39:13 pm
I have been meaning to improve my essay writing skills for legal and was wondering what would be the best way to approach a legal essay? Would I straight away talk about the Question and state a judgement? Or would it be better to give an introduction of the issue such as genocide and link that to the question while stating a judgement?
Title: Re: HSC Legal Studies Question Thread
Post by: sbee on July 02, 2022, 11:07:33 pm
Hi!

Could someone please explain to me the difference between ratification and enactment?

I had always thought that ratification was the strongest way human rights could be enforced. However, I just came across a legal studies multiple choice question from a past HSC paper, and the correct option for the stronger promotion of human rights was enactment.