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March 29, 2024, 09:35:42 pm

Author Topic: HSC Legal Studies Question Thread  (Read 568148 times)  Share 

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theblackswan

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Re: Legal Studies Question Thread
« Reply #720 on: March 24, 2017, 01:57:08 pm »
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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!!

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #721 on: March 24, 2017, 08:31:38 pm »
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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 :)
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kiiaaa

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Re: Legal Studies Question Thread
« Reply #722 on: March 24, 2017, 09:20:19 pm »
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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

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #723 on: March 24, 2017, 09:53:05 pm »
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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 :)

soha.rizvi1

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Re: Legal Studies Question Thread
« Reply #724 on: March 24, 2017, 11:20:37 pm »
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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

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #725 on: March 24, 2017, 11:24:55 pm »
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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

kiiaaa

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Re: Legal Studies Question Thread
« Reply #726 on: March 24, 2017, 11:41:11 pm »
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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!
 

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #727 on: March 25, 2017, 12:44:33 am »
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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) :)

soha.rizvi1

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Re: Legal Studies Question Thread
« Reply #728 on: March 25, 2017, 01:35:12 pm »
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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

Vinnnnnnyyyyyy

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Re: Legal Studies Question Thread
« Reply #729 on: March 25, 2017, 02:09:15 pm »
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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.
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #730 on: March 25, 2017, 02:42:38 pm »
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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

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #731 on: March 25, 2017, 02:46:27 pm »
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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

soha.rizvi1

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Re: Legal Studies Question Thread
« Reply #732 on: March 25, 2017, 06:12:32 pm »
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Hi,

what is the answer to the question???
what is the most correct explaniation of the complemetary jurisdiction of the ICC?


Thanks

kiiaaa

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Re: Legal Studies Question Thread
« Reply #733 on: March 25, 2017, 09:46:29 pm »
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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

TheFreeMarketeer

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Re: Legal Studies Question Thread
« Reply #734 on: March 25, 2017, 10:16:32 pm »
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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?