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March 29, 2024, 11:43:44 pm

Author Topic: VCE Legal Studies Question Thread  (Read 596508 times)  Share 

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nacho

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Re: VCE Legal Studies Question Thread
« Reply #225 on: January 13, 2011, 09:32:02 pm »
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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.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
« Last Edit: January 13, 2011, 09:34:27 pm by nacho »
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #226 on: January 13, 2011, 09:36:23 pm »
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Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion.

I think that's right. They're called Alternative Dispute Resolution Methods (ADRs). There is; Negotiation, Mediation, Conciliation and Arbitration. All of them are informal methods of resolving disputes, bar Arbitration which is formal.

chrisjb

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Re: VCE Legal Studies Question Thread
« Reply #227 on: January 14, 2011, 12:18:41 am »
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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.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).
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nacho

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Re: VCE Legal Studies Question Thread
« Reply #228 on: January 14, 2011, 12:51:48 am »
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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.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).

Oh, right cool. Was the david jones one arbitration? I remember reading that arbitration was done at the magistrate's court, for commercial matters in which $10,000+ was being demanded or something..not 100% sure
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chrisjb

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Re: VCE Legal Studies Question Thread
« Reply #229 on: January 14, 2011, 01:33:10 am »
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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.
I thought that was another advantage of pre-trial procedures, that they are cost-efficient and lawyers aren't required (which if it isn't the case, i guess you'd be right). Hm, I really didn't pay attention to legal last year as I was studying for my 3/4, but correct me if I'm wrong:
Within pretrial procedures there is conciliation, mediation (which are very similar) and a few other things [which i cannot remember].
Both of them involve the parties talking things over and attempting to reach a conclusion without either of them having to go to court.
It sometimes then happens that one of the parties (perhaps defendant or plaintiff [are pre-trial procedures only for civil law?]) decide that they cannot win the case and so settle for whatever they can..
Yeah, you're right. I should've clarified. I was refering almost entirely to interogatories and discovery. You're right though, ADR is a big part of pre-trial which does speed up the process in most cases (like the david jones one).

Oh, right cool. Was the david jones one arbitration? I remember reading that arbitration was done at the magistrate's court, for commercial matters in which <10,000 was being demanded or something..not 100% sure
nah, David Jones was conciliation. You're right about magistrates' court, 7 years ago or so it used to be 5,000 but The Great Rob Hulls lifted it up (used it for part of one of my reforms last year :D). Judges can also refer any civil case they like to arbitration at any point of the trial if they feel so inclined. But it doesn't happen very often.

I remember this was my second least favourite area of study (pipped at the post by criminal procedures). ADR is just no fun compared to real court :(
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #230 on: January 14, 2011, 11:53:57 am »
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Thanks for the help chrisjb. I've studied the Franklin Dam case before, I think that was where the Commonwealth Parliament over-rid the Tasmanian Government. The Commonwealth Parliament passed legislation that included the area around the proposed site of the dam, protecting it. While the Tasmanian Government wanted to build the dam. The Tasmanian Government challenged the constitutional validity of the legislation before the High Court, and the Commonwealth Parliament won out, I think. Is that right?

Though, I'm still unclear on the third dot point about why the government must be both representative and responsible. Your point does make sense though.

saaaaaam

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Re: VCE Legal Studies Question Thread
« Reply #231 on: January 14, 2011, 01:32:34 pm »
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Though, I'm still unclear on the third dot point about why the government must be both representative and responsible. Your point does make sense though.

Being representative and responsible are two main ways that democracy is upheld in Australia. As politicians act on behalf of their citizens they become accountable and answerable to their people. If they want to be re-elected than they should also be representative and responsible because nobody wants a Government who doesn't care or listen.
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eeps

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Re: VCE Legal Studies Question Thread
« Reply #232 on: January 14, 2011, 10:39:58 pm »
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Cheers for the help saaaaaam. Much appreciated.

_avO

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Re: VCE Legal Studies Question Thread
« Reply #233 on: January 14, 2011, 11:21:47 pm »
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If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year
« Last Edit: January 14, 2011, 11:25:02 pm by _avO »
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werdna

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Re: VCE Legal Studies Question Thread
« Reply #234 on: January 14, 2011, 11:27:04 pm »
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If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year

Excellent idea, thanks _avO!

The links for these two questions are together though, you'll need to separate the links:

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.

eeps

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Re: VCE Legal Studies Question Thread
« Reply #235 on: January 15, 2011, 11:08:15 am »
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If you don't mind I put all the questions in this thread (and might add some from other threads) in the first page so that people don't repeat any questions later in the year

Excellent idea, thanks _avO!

Ditto that. Niccce. Others should ask questions as well; nearly all the questions on the OP have been asked by me. :p

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Re: VCE Legal Studies Question Thread
« Reply #236 on: January 15, 2011, 11:42:05 am »
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Quick Question!

Does anyone know what 'a folio of exercises' is?
Because thats what my first Legal SAC is.

Thanks!

eeps

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Re: VCE Legal Studies Question Thread
« Reply #237 on: January 15, 2011, 12:14:57 pm »
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I don't know. It's on the study design, but it's not clear. Could be a collection of questions/exercises from your textbook?

Perhaps email your teacher or something, if he/she is back from holidays, they can help you. I've never come across that.

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The student’s performance on each outcome will be assessed using one or more of the following:

• A case study
• Structured questions
• A test
• An essay
• A report in written format
• A report in multimedia format
A folio of exercises.

saaaaaam

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Re: VCE Legal Studies Question Thread
« Reply #238 on: January 15, 2011, 12:20:19 pm »
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My holiday homework for legal last year was producing a folio. We were given five articles and had to answer question about them. Then we had to source another five articles and talk about their relevance to the legal studies course. There was also a stack of definitions that needed to be defined and links to websites about Parliament, where tables/graphs needed to be printed and commented on.

Except ours wasn't assessed and our first SAC was in the form of a test.
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Re: VCE Legal Studies Question Thread
« Reply #239 on: January 15, 2011, 12:24:17 pm »
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We did that in year 11; collected a folio of current court cases and wrote up a report about them eg civil or criminal law, facts of the case, burden and standard of proof, sanctions imposed etc etc.