VCE Legal Studies Question Thread

[M_BONG]

Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?

Doubt you need to know this but the easiest example is the 1999 Republic Referendum. Costed $67 million to hold. Lack of bipartisan support (John Howard was against it; led to confusing or complex info. placed on the ballot sheet). Referendum was unsuccesful and expensive.

[akeergar]

I could send you a 10 marker that I just completed yesterday on a practice paper; if you want.
But generally things to look out for:
1. Task words: generally 10 markers require you to evaluate. S+W and opinion.
2. Actually responding to the whole question. Ie. don't focus on one part only. Respond to quotes, stimulus etc. Everything in the question
3. When a 10 marker has "effectiveness" in it, always refer to FAT if it is on adversary, jury or pre-trial procedures.
4. The number of strengths + weaknesses is not formulaic. But use your common sense. I always aim for 3 s + w. (4 might be too much, but I focus on detail so you might be different).

yeah please do.
I'm a detail person myself, that's my issue. I can do two great points then not have time for a third.
Really helpful tips,
Cheers.

[tcstudent]

Hi, Just wondering for the magistrates courts im comparing cost, just wondering not that it states it on the study design, but just to strengthen my argument, what is the starting fee in the magistrates court, i think it was a $150, in comparison to VCAT which is $36.20, is it possible to get a confirmation on this please. thank you

[San]

Raymond has been found guilty of culpable driving and was sentenced to 150 hours of community service
Describe the explain the purpose of this procedure
Assess the ability of this pre-trail procedure in achieving its purpose

A Criminal pre-trial procedure that Raymond would have gone through before his trial is Remand and Bail. Bail refers to situation in which a person is charged with criminal offence and is released from custody until time of their court hearing or trial. Purpose of Bail is uphold the presumption of innocence by releasing the person (Raymond) until guilt or otherwise is determined in trial. It also, allows the accused to prepare his/her case. There are usually conditions attached to bail; for instance, surrendering the passport and regular reporting to police.

I am missing the 2 part of  Assess the ability of this pre-trail procedure in achieving its purpose. i dont know, how to answer it? please help

[AbominableMowman]

Raymond has been found guilty of culpable driving and was sentenced to 150 hours of community service
Describe the explain the purpose of this procedure
Assess the ability of this pre-trail procedure in achieving its purpose

A Criminal pre-trial procedure that Raymond would have gone through before his trial is Remand and Bail. Bail refers to situation in which a person is charged with criminal offence and is released from custody until time of their court hearing or trial. Purpose of Bail is uphold the presumption of innocence by releasing the person (Raymond) until guilt or otherwise is determined in trial. It also, allows the accused to prepare his/her case. There are usually conditions attached to bail; for instance, surrendering the passport and regular reporting to police.

I am missing the 2 part of  Assess the ability of this pre-trail procedure in achieving its purpose. i dont know, how to answer it? please help

The question seems to be phrased very weirdly, but I'm gonna assume you mean bail. Assess the ability of the pre trial procedure in achieving its purpose basically means you explain to what extent bail achieves its purpose. You've already answered some of this question in the first part.

So for bail you could write:
Bail is an pre-trial procedure which achieves its purpose because it protects the rights of the accused by assuming the accused is innocent until proven guilty, and hence providing a fair and unbiased hearing. However, under exceptional circumstances (e.g. when the accused is being charged with murder or treason), bail may be refused and this may hinder the ability of bail to achieve its purpose. Overall, bail is able to achieve its purpose effectively, because bail is only refused in exceptional circumstances.

[hannah2013]

in addition

Bail is successful in achieving its purpose of upholding the presumption of innocence and treating the accused equally until they are proven guilty be releasing accused people. However another purpose of bail and remand is to protect the community from dangerous defendants. Remand is successful in doing so but bail may fail to protect the community by incorrectly determining an accused person to not be dangerous.
But as abominableMowman said bail hearings are generally effective in contributing to a fair and unbiased trial

[San]

thank you
 
Can you help me with this one

One element of an effective legal system is the entitlement to a fair and unbiased hearing. Select one aspect of criminal procedure to illustrate
How this aspect helps achieve this element.
How this aspect can limit achievement of this element
Describe a possible solution to this problem (using examples of recent and/ recommendations for change).

[meganrobyn]

yeah please do.
I'm a detail person myself, that's my issue. I can do two great points then not have time for a third.
Really helpful tips,
Cheers.

For big questions such as the 10-marker I always do more points than the total number of marks. So, for 10 marks I would always cover more than 10-points. Fewer than 10 points made means you're asking the examiner to double-award you for one or more points, and it doesn't give you backup if they hate something you wrote (or it's incorrect).

Also, the 10-marker usually runs about three pages of writing. Two sections is way too few for this volume of writing. Think of one point being about 3-5 lines of writing, then multiply out. When you get to the end of the fourth line, finish the point you're doing and move on.

[meganrobyn]

Hey guys, anyone know if we need to know an Example of a failed referendum for the exam?

Not as a required case study - but they can really help when illustrating factors influencing the success/failure of a referendum.

[AbominableMowman]

thank you
 
Can you help me with this one

One element of an effective legal system is the entitlement to a fair and unbiased hearing. Select one aspect of criminal procedure to illustrate
How this aspect helps achieve this element.
How this aspect can limit achievement of this element
Describe a possible solution to this problem (using examples of recent and/ recommendations for change).

basically what i wrote above but add in a bit of stuff about fair and unbiased hearings

Bail contributes to the achievement of a fair and unbiased hearing because it protects the rights of the accused to be deemed innocent until proven guilty. However, if bail is refused, it does not provide the element of a fair and unbiased hearing because the rights of the accused are not protected. A possible reform to the system of bail is that the necessity to provide a deposit of money (or other security) could be removed, because some people may not be able to afford to pay for bail and this would enhance the ability of bail to achieve a fair and unbiased hearing.

[meganrobyn]

Hi, Just wondering for the magistrates courts im comparing cost, just wondering not that it states it on the study design, but just to strengthen my argument, what is the starting fee in the magistrates court, i think it was a $150, in comparison to VCAT which is $36.20, is it possible to get a confirmation on this please. thank you

Just the filing fee without any ongoing fees included? As of the 29 September 2012 it was $475.80 for a claim under $40,000 - up to $2140.00 for a claim over $70,000.

[tcstudent]

JEASOUS CRIST fee's have gone up, for small claims my atarnotes study guide indicates for small claims of vcat is $36.20 and $150 starting fee of the magistrates court.

[hannah2013]

yup fees have gone up heaps recently! especially in VCAT but its a recent reform we can talk about - it hinders access to the legal system

[AbominableMowman]

yup fees have gone up heaps recently! especially in VCAT but its a recent reform we can talk about - it hinders access to the legal system

But it still way lower than courts, so it would still be improving access (to some extent), would it not? 

[hannah2013]

But it still way lower than courts, so it would still be improving access (to some extent), would it not? 

Yeah the overall concept and process of VCAT improves access but the actual reform of increasing administrative fees etc means it has taken a step backward in helping people that really would struggle financially(in my own opinion anyway). Perhaps the increase means some people who would have been able to afford to take their claim to VCAT before, cant now.