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HSC Stuff => HSC Humanities Stuff => HSC => 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?  ¯\_(ツ)_/¯
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