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Author Topic: VCE Legal Studies Question Thread  (Read 596284 times)  Share 

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andy456

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Re: VCE Legal Studies Question Thread
« Reply #210 on: January 06, 2011, 10:11:19 pm »
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Another question;

What are weaknesses of delegated legalisation/subordinate authorities?

I have that it:

  • fragments the law-making powers
  • it's not a democratically-elected body - hence may not represent the majority of the people's views

Though, I can't think of a third one. Is that enough?.. or is there more?

Cheers to anyone who can help!

is this in the new legal studies course because i didnt study subordinate authorities last yr?? I did those in yr11
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #211 on: January 06, 2011, 10:19:47 pm »
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is this in the new legal studies course because i didnt study subordinate authorities last yr?? I did those in yr11

My textbook (updated for the new study design) has a good few pages on it with questions. Same, I did subordinate authorities in Year 11. It appears in my textbook again for Unit 3. It's part of "Parliament: law-making processes" in my textbook. I don't really see anything about it on the new study design, though I just want to cover all my bases. Worth going over it again?

andy456

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Re: VCE Legal Studies Question Thread
« Reply #212 on: January 06, 2011, 11:47:04 pm »
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well if there is a section in the textbook devoted to it i would cover it again just in case...... Wouldnt want to lose marks on it in the exam if it does come up....

For your question you could also argue that sub. Authorities wouldnt have the level of resources available to parliament.... If youve studied it you should know that parliament pretty much has access to anything it wants when making laws.... Sub. Authorities such as local councils and the likes arent as lucky and are therefore limited.... Im pretty sure local councils are sub. Authorities    *tries to remember yr 11*
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flash36

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Re: VCE Legal Studies Question Thread
« Reply #213 on: January 07, 2011, 12:07:14 am »
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I think subordinate authorities were in the study design a few years ago, were removed, and are now back in it again.

Hellhole

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Re: VCE Legal Studies Question Thread
« Reply #214 on: January 07, 2011, 12:22:01 pm »
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It relieves pressure on parliament in law-making areas due to the fact that they can delegate areas of lesser priority (such as those things in council jurisdiction) to seperate bodies and save time/resources?

eeps

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Re: VCE Legal Studies Question Thread
« Reply #215 on: January 07, 2011, 10:31:18 pm »
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Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?

flash36

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Re: VCE Legal Studies Question Thread
« Reply #216 on: January 08, 2011, 11:17:27 am »
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Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?

It isn't stipulated anywhere that you have to, but if you want to get above 40, I would say yes.

Hellhole

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Re: VCE Legal Studies Question Thread
« Reply #217 on: January 08, 2011, 08:18:29 pm »
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Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?

I was told by my teacher to remember certain sections of the Constitution in relation to things like referendums, Commonwealth Parliament superiority, seperations of powers and division of powers, but I'm not sure if that still applies to the new study design. Knowing the sections shows that you have knowledge of the specific topic but weren't required, from what I was told.

eeps

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Re: VCE Legal Studies Question Thread
« Reply #218 on: January 08, 2011, 08:46:38 pm »
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Thanks for the responses. True to what flash36 said, my thinking is that adding that little bit more information/detail can be difference between getting full marks or not.

Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.

Hellhole

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Re: VCE Legal Studies Question Thread
« Reply #219 on: January 08, 2011, 08:53:09 pm »
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Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.

Yeah, they have been released for all subjects. I'm just eagerly awaiting the exam assessment reports to see where I screwed up.

chrisjb

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Re: VCE Legal Studies Question Thread
« Reply #220 on: January 08, 2011, 09:52:47 pm »
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Also, on a sidenote for current students (or even past), the VCAA website has released the previous year's exam (2010) on its' website. Here's the link if anyone wants a copy of the exam; this. The Exam Assessment Report isn't available yet though. Presumably, I think exams for other subjects have been released as well.

Yeah, they have been released for all subjects. I'm just eagerly awaiting the exam assessment reports to see where I screwed up.
ahh, the memories...
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lilaznkev1n

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Re: VCE Legal Studies Question Thread
« Reply #221 on: January 12, 2011, 07:59:18 pm »
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Thanks for the help guys!

As a general question;

Are we suppose to remember specific sections of the Constitution (i.e. Section 51 (xxxvi)) for the exam or SACs?
It's not required but these are the ones that I remember and I find useful in answering questions related to division of law-making power:
Section 51,52 to explain specific powers
Section 116, 117 restrictions on the Commonwealth parliament
Section 114,115 restrictions on the State Parliament (exclusive powers example)
Section 51(xxi) marriage as an example of a concurrent power
Section 109 - Conflicting concurrent powers and how it is resolved
Section 128 - Process of changing the constitution
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #222 on: January 13, 2011, 01:25:13 pm »
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Cheers for the help lilaznkev1n!

Another question;

In the end-of-year exam, are students only meant to compare the Australian constitution with one other country (i.e. United States, Canada, New Zealand and South Africa)?

chrisjb

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Re: VCE Legal Studies Question Thread
« Reply #223 on: January 13, 2011, 01:33:25 pm »
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Cheers for the help lilaznkev1n!

Another question;

In the end-of-year exam, are students only meant to compare the Australian constitution with one other country (i.e. United States, Canada, New Zealand and South Africa)?
yup. In exam only do one, but some schools teach two for sacs (and I refferenced USA in one of my sacs even though we did canada- but was warned to definately not do this in the exam).
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chrisjb

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Re: VCE Legal Studies Question Thread
« Reply #224 on: January 13, 2011, 09:09:40 pm »
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I have a few questions, so I thought I'd post them in one go. :p

  • Explain how civil pre-trial procedures can both assist and limit the achievement of the timely resolution of disputes. Illustrate your answer with two examples.
  • Explain how the legislative powers of the Commonwealth Parliament can be altered by High Court interpretation of the Constitution.
  • Explain why the government must be both representative and responsible.

If anyone can answer any of the above questions, that would be much appreciated!
1) The overall aim of civil pre-trial procedures is to resolve some issues and clarify them so that time is saved in court. Also, pre-trial procedures promote out of court settlements which can speed up the process. However nifty lawyers (especialy big companies') often use them to slow down the process so that a financialy weaker party may be unable to continue with the suit.
Examples: Interogatories stage can clear up any questions that either party might have before the trial (thus saving time), however one party may flood the other party to stall the process.
I can't think of another one right now. Also, read up on something called the 'case list management system'- or something along those lines- aimed at streamlining this and avoiding delays.

2) When the high court declares legislation to be ultra vires it redifines to an extent that parliament's jurisdiction to not include that legislation or legislation simmilar to it... Franklin Dam would be a good case study for this (c'wlths power being extended, states power being narrowed).

^I think this is right, although I'm not 100 percent sure.

3) they have to be representative because their laws must be indicitive of the community's values and morals otherwise the parliament (and their laws) will lose the respect of the people, which could lead to disobediance (Penhaluriak's store hours law is an example of a law which was no longer representative). I can't remember the responsible bit very much. I can remember what it is, but that's all. Perhaps someone else can help out with this one.
« Last Edit: January 13, 2011, 09:14:59 pm by chrisjb »
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